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HomeMy WebLinkAboutAgenda Packet City Council - 07/16/2024 Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday,July 16,2024 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 Reverend Claude Axel with Mount Pilgrim Baptist Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Jaelyn Karaca, 2nd grader at Yorktown Christian Academy. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 1) 1. 24-1045 Retirement Recognition of Valente Olivarez, TxDOT Corpus Christi District Engineer City of Corpus Christi Page 1 Printed on 711512024 City Council Meeting Agenda-Final-revised July 16,2024 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period on a city-related matter or agenda item, 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 Communications Department at least 24 hours prior to the Meeting. Please contact Communications at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: (ITEM 2) 2. 24-1104 Planning Commission (3 vacancies) Airport Zoning Commission (3 vacancies) H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. I. CONSENT AGENDA: (ITEMS 3 - 22) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 24-1128 Approval of the May 13, 2024 Budget Goal Setting Workshop Minutes, and June 18 and June 25, 2024 Regular Meeting Minutes Consent-Second Reading Ordinances 4. 24-0877 Ordinance accepting $139,501 for an Air Quality Planning Grant from the Texas Commission on Environmental Quality to provide air quality planning activities through December 31, 2025. sponsors: Health Department 5. 24-0887 Ordinance authorizing acceptance and future amendments of a Tuberculosis Prevention and Control Grant for$114,925.00 with a cash match of$22,985.00 from the Department of State Health Services City of Corpus Christi Page 2 Printed on 711512024 City Council Meeting Agenda-Final-revised July 16,2024 (DSHS); appropriating $137,910.00 to provide funding activities in support of tuberculosis prevention and control services for the period September 1, 2024, through August 31, 2025, authorizing two existing FTE's funded by this grant. Sponsors: Health Department 6. 24-0902 Ordinance appropriating $43,570.00 from an increase in the HIV Surveillance Grant Program administered by the Department of State Health Services (DSHS) for the period September 1, 2024, through August 31, 2025, to provide HIV surveillance and control services, authorizing one existing FTE position funded by this grant. Sponsors: Health Department 7. 24-1008 Ordinance ending Presiding Judge Jacqueline Del Llano Chapa's current term and reappointing Jacqueline Del Llano Chapa as Presiding Judge for a two-year term of office beginning August 1, 2024, and ending August 1, 2026, effectively staggering the Presiding Judge term from Full-time and Part-time Municipal Court Judges' terms. Sponsors: Municipal Court Committee 8. 24-0937 Zoning Case No. ZN8192, MF Newton Investments LLC (District 4). Ordinance rezoning a property at or near 2245 Flour Bluff Drive from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services 9. 24-0932 Zoning Case No. ZN8185, Toreros Investment II LLC (District 4). Ordinance rezoning a property at or near 635 Yorktown Boulevard from the "FR" Farm Rural District to the "CC/SP" Commercial Compatible District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval. Applicant originally requested a zoning change to the "R-MH" Manufactured Home District. Applicant consents to staff's recommendation). Sponsors: Development Services Consent- Contracts and Procurement 10. 24-0849 Motion approving the purchase of one new MX908 Handheld Mass Spectrometer for chemical detection of controlled substances from FarrWest Environmental Supply, of Schertz, Texas, through the HGAC Cooperative for the Corpus Christi Police Department for$72,997.17, with FY 2024 funding in the amount of$72,997.17 from the FY 2024 Police General Fund. Sponsors: Police Department and Contracts and Procurement City of Corpus Christi Page 3 Printed on 711512024 City Council Meeting Agenda-Final-revised July 16,2024 11. 24-0903 Motion authorizing the execution of a one-year supply agreement, with two one-year options, with ACT Pipe & Supply, Inc., of Houston with an office in Corpus Christi, in an amount not to exceed $345,022.00, with a potential up to $1,035,066.00 if options are exercised, to purchase fire hydrants for Corpus Christi Water, with FY 2024 funding of $86,255.50 from the Water Fund. sponsors: Corpus Christi Water and Finance &Procurement 12. 24-0885 Motion authorizing the execution of a one-year supply agreement with Ferguson Enterprises, LLC, of Corpus Christi, for the purchase of manhole covers for Corpus Christi Water, in an amount not to exceed $142,604.45, with FY 2024 funding of$47,534.80 from the Wastewater Fund. sponsors: Corpus Christi Water and Finance &Procurement 13. 24-0965 Motion authorizing a three-year supply agreement, with two one-year options, with Martin Marietta Southwest, LLC, of San Antonio, in an amount not to exceed $1,520,700.00 and a potential up to $2,534,500.00 if options are exercised, to purchase crushed limestone for the Public Works Department, with FY 2024 funding of$126,725.00 from the Streets Fund. sponsors: Public Works/Street Department and Finance &Procurement 14. 24-0871 Resolution authorizing the acquisition of 20 replacement and nine additional vehicles/heavy equipment by various City Departments, of which 21 units will be outright purchases and eight units will be lease-purchases, through the BuyBoard, Sourcewell, HGAC, and TIPS Cooperatives for a total amount of $6,700,089.63, with FY 2024 funding amount for these 29 units totaling $4,381,549.00, with $669,152.87 coming from the General Fund, $2,445,218.84 coming from the Fleet Equipment Replacement Fund, $1,054,365.89 coming from the Storm Water Fund, $112,689.40 coning from the Facility and Property Management Fund, and $100,122.00 coming from the Wastewater Fund, with the remaining balance of $2,318,540.63 for the lease purchase items being funded through the annual budget process. sponsors: Asset Management Department and Finance & Procurement 15. 24-0976 Motion authorizing a one-time purchase of 12 roll-off containers from Wastequip Manufacturing Company, LLC of Beeville, Texas through the Buyboard Purchasing Cooperative for$112,294.00 for Solid Waste Services, with FY 2024 funding from the General Fund. sponsors: Solid Waste Operations and Finance & Procurement 16. 24-0785 Motion authorizing the execution of a one-year service agreement with Big Truck Rentals of Tampa, Florida, through OMNIA Partners Cooperative Purchasing, in an amount not to exceed $240,200.00, for the rental of two roll-off trucks for Solid Waste Services, with FY 2024 funding of$62,750 from the General Fund. City of Corpus Christi Page 4 Printed on 711512024 City Council Meeting Agenda-Final-revised July 16,2024 Sponsors: Solid Waste Operations and Finance & Procurement 17. 24-0985 Motion to purchase additional Infor Workforce Management (WFM) software licenses from Infor, LLC, for a total amount of$640,056.99, with the license fee to be paid annually to align the new WFM licenses with existing licenses expiring in 2027, with FY 2024 funding of$68,856.99 from the IT Enterprise Applications Fund and remaining payments to be budgeted in future fiscal years. Sponsors: Information Technology Services and Finance &Procurement 18. 24-0982 Motion authorizing two amendments to the contract with Infor, LLC, of New York, NY, in a combined amount not to exceed $303,783.63, to provide a dedicated server environment for the advance testing of software patches and to provide support services for the enhancement of Infor's Public Sector module, respectively, through the contract term's ending date of October 30, 2026, with FY 2024 funding of$144,177.80 from the IT Enterprise Applications Fund, and remaining payments to be budgeted in future fiscal years. Sponsors: Information Technology Services and Finance &Procurement Consent- Capital Projects 19. 24-0999 Resolution authorizing a construction contract to Max Underground Construction of Corpus Christi, Texas in the amount of$2,417,262.99 for the reconstruction of Elizabeth Street, from Santa Fe to Staples, with new asphalt pavement, sidewalks, curbs and gutters, installation of ADA compliant curb ramps, signage, pavement markings, upgraded street illumination, and Utilities improvements, located in Council District 1 with FY 2024 funding available from the Type B Street, Storm Water, Water, Wastewater and Gas Capital Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement General Consent Items 20. 24-0220 Resolution authorizing an amendment to the Interlocal Agreement between the City of Corpus Christi and San Patricio County to increase the annual cost from $18,500.00 to $28,000.00 for inspection, calibration, technical support, and annual certifications for the Corpus Christi Police Department's intoxilyzer program, with FY 2024 funding in the amount of $28,000.00 from the Law Enforcement Trust Fund State. Sponsors: Police Department 21. 24-0992 Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2024-2025. Sponsors: Finance &Procurement City of Corpus Christi Page 5 Printed on 711512024 City Council Meeting Agenda-Final-revised July 16,2024 Consent-First Reading Ordinances 22. 24-0644 Ordinance authorizing an amendment to the Highway Bridge Replacement and Rehabilitation Program Advance Funding Agreement with the Texas Department of Transportation to add sidewalks and bicycle lanes to the Yorktown Mud Bridge Project with the City's contribution of$2,000,000.00 cash and $1,158.184.00 in in-kind project structural improvement work, appropriating $2,000,000.00 from the Storm Water Fund to the Storm Administration Fund and amending the FY 2023-2024 Operating Budget, located in Council District 5. Sponsors: Public Works/Street Department J. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. K. PUBLIC HEARINGS: (ITEMS 23 - 30) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 23. 24-0539 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $1,978,937.16 with MPM Development to construct a wastewater trunk line for the proposed residential development located off the northwest side of Haven Dr. and Warrior Rd. intersection, also known as Haven Subdivision, requiring construction completion within 24 months; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,978,937.16 to reimbursement the developer in accordance with the agreement. (District 1). Sponsors: Development Services 24. 23-2023 Ordinance amending the City's Water Master Plan with the addition of a twelve-inch water line located along Saratoga Boulevard southeast of Old Brownsville Road and northwest of County Road 35 to serve proposed and future development along Saratoga Boulevard. Sponsors: Development Services and Corpus Christi Water 25. 24-0070 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $899,000 with Saratoga 400 Partners, LLC to construct a water arterial transmission grid main related to Saratoga Ridge subdivision off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $899,000.00 to reimburse the developer in accordance with the agreement. (District 3). Sponsors: Development Services 26. 24-0071 Ordinance authorizing a Wastewater Trunk System Construction and City of Corpus Christi Page 6 Printed on 711512024 City Council Meeting Agenda-Final-revised July 16,2024 Reimbursement agreement up to $4,131,000.00 with Saratoga 400 Partners, LLC to construct a wastewater trunk line related to the Saratoga Ridge subdivision located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $4,131,000.00 to reimburse the developer in accordance with the agreement. (District 3). sponsors: Development Services 27. 24-1027 Zoning Case No. ZN8208, 2130 Rand Morgan Road LLC (District 1). Ordinance rezoning a property at or near 2130 Rand Morgan Road from the "RS-6" Single-Family District to the "R-MH" Manufactured Home District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services 28. 24-1028 Zoning Case No. ZN8261, Margo Lyn Moore (District 4). Ordinance rezoning a property at or near 7317 South Padre Island Drive (State Highway 358) from the "RS-6" Single-Family District to the "CG-2" General Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services 29. 24-1029 Zoning Case No. ZN8270, Ferco Homes LLC (District 2). Ordinance rezoning a property at or near 1501 South 19th Street from the "RS-6" Single-Family District to the "RM-1" Multi-Family District; providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff recommend approval). sponsors: Development Services 30. 24-0996 Ordinance adopting the City Fiscal Year 2025 and U.S. Department of Housing and Urban Development (HUD) Program Year 2024 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of$3,135,388, the Emergency Solutions Grant (ESG) budget in the amount of$234,083, and the HOME Investment Partnerships Program (HOME) budget in the amount of$1,369,386 for a total of $4,738,857 annual HUD funding; amending the Citizen Participation Plan (CPP); authorizing the execution of all necessary documents to submit the AAP and CPP; authorizing a staff complement of 18 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments, environmental review records, and other documents necessary to implement the FY 2025 PY 2024 AAP. sponsors: Planning and Community Development Department L. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 31) The following items are motions, resolutions or ordinances that may be considered and voted on individually. City of Corpus Christi Page 7 Printed on 711512024 City Council Meeting Agenda-Final-revised July 16,2024 31. 24-1158 Motion directing the City Manager and Corpus Christi Water to begin discussions with the Catahoula Water Company on a possible joint venture to acquire water rights from the Eshelman-Vogt Groundwater Project, as requested by Council Members Pusley, Hunter, and Hernandez. M. BRIEFINGS: (ITEMS 32 - 33) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 32. 24-1065 Nueces Center for Mental Health and Intellectual Disabilities Briefing on providing citizens living with mental illnesses with comprehensive psychiatric evaluation and treatment services, medications, and wellness services. 33. 24-1062 Quarterly Briefing by the Corpus Christi Regional Economic Development Corporation (CCREDC) sponsors: Economic Development N. EXECUTIVE SESSION: (ITEMS 34 -38) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 34. 24-1038 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 regulations, legal rights, and contracts related to surface water from the Nueces River and other sources, groundwater from the Evangeline Aquifer, and other sources, desalination, legal restrictions on and permits required for the provision of water, regulations and contracts of water conservation and improvement districts and groundwater conservation districts (including, but not limited to Nueces County Water Conservation and Improvement District#3 and the San Patricio Groundwater Conservation District), TCEQ and EPA regulations related to water, state and federal regulations related to construction of water-related infrastructure, state restrictions on rates and charges for utilities, statutory restrictions on the issuance of debt and City of Corpus Christi Page 8 Printed on 711512024 City Council Meeting Agenda-Final-revised July 16,2024 governmental contracting, and potential authorization of contracts for attorneys and consultants to assist in matters related to water. 35. 24-1095 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 industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code § 13.043 and associated statutes and regulations, and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, engineers, and other consultants involved in the aforementioned actions. 36. 24-1096 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the cases of Salinas Construction Technologies, Ltd. and Salinas and Sons, Inc. v. City of Corpus Christi, including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. 37. 24-1153 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to personnel matters and the City Auditor and Texas Gov't Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee (including, but not limited to, the City Auditor). 38. 24-1154 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to personnel matters and the City Manager and Texas Gov't Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee (including, but not limited to, the City Manager). O. ADJOURNMENT City of Corpus Christi Page 9 Printed on 711512024 TzvA*— pma sd-mpL buWblw'" L■pkmi pigvcis Slap vra A5 .. �• "�• CorpusChri sti District Engineer V911*n16 01 ,fry P.E.,is tlr.e dislritt an4row for'TrcMT's Q0pM2 Qlrisbi i isLricl- Trove r ritt torriprises 10 tounfiei:Aran 1,Bee,Caliad,JIm Yllln,Kane%Vjrbftg,L l dk.N pe GeS,Re Ugig WO n PArklgp. 4 kti#r4+x txgg n hl�bar gr v�ollr YLc(}l T n rr�r�tn�i in 1 y h*vurarkgs7 al ih-0 PN&Area OTIice 3n vaeiors cap"iM ificluding Area trbginf&t oT HkAilgo Ccusly.In 2014, ' ONraie¢eras hired by TxOOT-t C'orpul-Chnsili Dis[ria As the eiireaor ad aprraliarws and rharW4 vMh Dwpmelrg #1rwOon,rnainlefl7rcB Pnd tra f r oWrzt+r 4 iorr the d&parcrr*nE s 10-touMy disdliel.Oliv&rei w8§Wee heed as CofftoS CIvisiM de-pi,L-0 i wk.'L "new in Juna 201S,wtwe Ire also served as the pro*l manager kw the Kar&3r Mudge Rripliml,i$1 Billion dftgnLbwild prMeel in Corr'S-Cnrnsll,01,eiraret was hired IQ his currem We a&tli aria-eNir*&in Seplenber 2D1S. OLyarez gradu&ced rrorn Teri&ALK lry rsay-Kiaq&viMe in W99 wiMa baehelar or Science degrue in civil eng:neenng and becamea licensed prDfesssona'lengineer in June 2W4 Gantt 9 1m15.I~+ w Isray❑r.,t Q21e�zcr�n rx,rLrrc PLANNING COMMISSION Three(3)vacancies with terms ending 7-31-2027. Duties The Planning Commission makes and amends a master plan forthe physical development of the City;to recommend to the City Council approval or disapproval of proposed changes in the zoning plan;to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits;to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which,in the opinion of the commission,are necessary or desirable during the forthcoming five-year period;to require information from other departments of the City government in relation to its work;to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition,members appointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee(§10-17).This committee reviews applications for master planned development ordinances from applicants seeking beachfront construction,and submits their recommendations to City Council.They also review the location of the dune protection line and beachfront construction line at least once everyfive years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City'§jurisdiction. Composition Nine(9)members which shall consist of nine registered voters of the City appointed by the City Council for three-year staggered terms.The following organization may appoint an ex-officio,non-voting representative:United States Navy.Members elect a Chair from among its membership at the first regular meeting in August of each year. Creation/Authority City Charter Art.5,Sec.1-6. The first Planning Commission ordinance was adopted in 1937 and has been amended several times,the latest amendment being adopted 7- 13-68. Sec.10-17,Code of Ordinances;Ord.022164,2-28-95;Ord.031165-06/13/17. Meets Member size Term length/limit Liaison Every other Wednesday,City Hall,Council 9 3 years/6 years Ruth Bocchino Chambers,5:30 p.m. Appointing Name District Term Appt.date Enddate Authority Position Status Category Attendance Seeking Michael Budd District Partial 9/5/2023 7/31/2024 City Council reappointment 20/20 meetings-100% Seeking 19/23 meetings-87% Billy A.Lerma District 1 Partial 2/21/2023 7/31/2024 City Council reappointment (4 excused absences) Seeking 18/23 meetings-78% Michael M Miller I District 11 7/16/2019 7/31/2024 1 City Council I Chair ireappointment 1 1(4 excused ansences) Jahvid R.Motaghi I District 11 7/19/2021 7/31/2025 1 City Council I JActive 7-16-2024 Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Mike A.Munoz District 1 3/8/2022 7/31/2025 City Council Active Michael C.York District 2 8/1/2019 7/31/2025 City Council Vice-Chair Active Cynthia S.Garza District 1 2 7/21/2020 7/31/2026 City Council Active Justin Hedrick District 1 2/21/2023 7/31/2026 City Council Active Brian S.Mandel District 5 2 7/21/2020 7/31/2026 City Council Active United States Ex-Officio,Non Navy Benjamin Polak 1 N/A N/A Navy voting Active Representative 7-16-2024 PLANNING COMMISSION Applicants Name District Status Roy Benavides III District 5 Applied Michael Budd District 3 Seeking reappointment Vanessa M. Garcia District 3 Applied Wally Gonzalez Jr. District Applied Sharece Hale District 2 Applied Billy A. Lerma District 1 Seeking reappointment Erica M. Maymi District 5 Applied Michael M. Miller District 2 Seeking reappointment Vanessa Ursery IDistrict 5 Applied CITY OF CORPUS CHRISTI Submit Date: Aug 02, 2023 Application for a City Board, Commission, Committee or Corporation Profile Roy Benavides III First Name Last Name _.. Email Address Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? 17 District 5 Current resident of the city? r Yes r No If yes, how many years? 45 J Primary Phone Alternate Phone Keller Williams Realtor Employer Job Title Work Address - Street Address and Suite Number 4518 Everhart Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78411 Work E-mail address roybenavides@kw.com Roy Benavides III Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? To be more involved in the prosperity of our hometown. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r° Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Roy Benavides III Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes �- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Roy Benavides III Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r- Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r• Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Roy Benavides III Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Roy Benavides III • • . 1 41 ROY BENAVIDES Forward-Thinking Management with Motivated Leadership and Professionalism Excited to continue respected WORK HISTORY career in business management Keller Williams(Corpus Christi,TX) Licensed Realtor 2017—Present roles with an organization in Act as a professional intermediary, assisting clients in buying,selling, and renting real estate properties while providing expert guidance,market need of proven dynamic and knowledge, and negotiating skills throughout the transaction process. goal-driven leadership. Key Achievements: ➢ Achieved "Capped Out"status which means met all sales goals and no longer split commissions with broker ➢ Double-Gold award winner for sales every year ABOUT ME Confident and collaborative management Responsibilities: professional who enjoys team-driven and • Exceed customer expectations by overseeing contracts, negotiations,and empowering leadership solutions that all sales aspects create profitability and prosperity. • Engaged in extensive prospecting and client list-building activities, Appreciated for insightful ideas and leveraging referrals,testimonials,social media, advertising, and other solutions that contribute to a meaningful strategies R01 and positive work environment. • Handled interactions with lenders, inspectors, and title companies to Recognized by colleagues for exceptional ensure compliance with purchase requirements before closing communications,ambition,and an • Managed multiple schedules to arrange for consultations and showings approachable leadership style. Onemain Financial (Corpus Christi,TX) Branch Manager 1999—2017 Oversaw and coordinated all operational aspects of the branch,including SUMMARY EXPERTISE customer service,loan underwriting, team management, and business Banking and Real Estate development to drive growth and deliver exceptional financial services to our Digital Marketing clients. Basic Accounting Key Achievements: Account Management ➢ 2015 Chairman's Forum winner(top 10%of 100+branches) Public Relations ➢ 2014 District Branch Manager of the Year and 2014 Leadership award Brand Building ➢ 2013 District Rising Star award Customer Experience ➢ Developed and implemented business strategies; met assigned objectives Leadership and Mentorship ➢ Comply with company policy and regulatory requirement Project Management Team Collaboration Responsibilities: Data Collection and Analysis • Led branch performance, profitability, and goal attainment by overseeing Financial Forecasting operations, customer service, industry compliance,and policies/procedures Strategic Planning • Established and nurtured trust-based relationships with customers, surpassing expectations to ensure their satisfaction • Collaborated with clients to generate sales and credit analysis, assessed EDUCATION & CREDENTIALS credit applications and reports, and made conclusive credit determinations; Produced new and repeat loan business from assigned sources Del Mar College(Corpus Christi,TX) • Conducted loan payment collections from customers with past due accounts Business Administration • Trained, coached, and mentored all team members on individual and Currently Attending collective responsibilities, including complexities of consumer lending products and services Licensed Real Estate Agent • Handled a myriad of administrative duties encompassing operational Since 2017 compliance, cash control management,and team workload coordination CITY OF CORPUS CHRISTI Submit Date: Jun 04, 2024 Application for a City Board, Commission, Committee or Corporation Profile Michael Budd First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 3 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 47 Law Office of J. Reese Buchanana PC Escrow Officer Title Insurance Company Employer Job Title Occupation Work Address - Street Address and Suite Number 737 Everhart Road Unit 1 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 Work Phone 361-299-6388 Michael Budd Work E-mail address m.budd@jreeseebuchananpc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? <.- Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Planning Commission Education, Professional and/or Community Activity (Present) • Bachelors of Business Administration in Finance from Texas A&M Corpus Christi (2001) - Associates in Applied Science Degree in Banking and Finance from Del Mar College (1998) • Graduated from Carroll High School (1995) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Planning Commission and Corpus Christi Regional Transportation Authority Why are you interested in serving on a City board, commission or committee? I have lived in Corpus Christi my whole life, I feel can give back by serving on a City Board. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? Yes �- No Michael Budd Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Michael Budd If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") N/A Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Michael Budd Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. ,W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Michael Budd Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Michael Budd Michael Budd 3629 Beauregard Drive, Corpus Christi, TX 78414 (361) 549-6991 QUALIFICATIONS: • A patient listener,who fully focuses on the speakers needs,then is able to process information for quick results. • Strong skills in time management,prioritizing tasks and meeting deadlines. • Self-motivated and skilled in orchestrating tasks and details to achieve projected business goals set forth by the company. • A clear communicator;able to interact with diverse audiences. • More than twenty years of experience in the title industry. • Consistently maintains a positive attitude and enjoys helping customer. RELEVANT EXPERIENCE: • Computer literate with Microsoft Office,Data Trace,FAST Software and Simple File. • Experienced with foreclosure sales/purchases. • Cooperatively able to work with mortgage lenders and realtors to insure a positive loan closing. • Experienced in analyzing surveys and reviewing plats. • Proven ability to understand and follow complex instructions in order to produce successful outcomes. • Ability to communicate effectively with borrowers to better understand closing process. • Possess experience as Branch Manager and Escrow Officer for Title Company. EDUCATION& CERTIFICATIONS: • Bachelors of Business Administration in Finance from Texas A&M Corpus Christi(2001) • Associates in Applied Science Degree in Banking and Finance from Del Mar College(1998) • Graduated from Carroll High School(1995) WORK HISTORY: Law Office J.Reese Buchanan P.C. (First Title Company—Fee Attorney) • August 2017-Present Escrow Officer Law Office of J.Heil P.L.L.C. (San Jacinto Title—Fee Attorney) • 2009-June 2017 Escrow Officer Law Office of LeBlanc,Karlseng& Patton (San Jacinto Title—Fee Attorney) • 2006-2009 Escrow Officer NETCO Title Company • 2003-2006 Office Manager 0 2002-2003 Escrow Officer/Abstractor CITY OF CORPUS CHRISTI Submit Date: Jul 04, 2023 Application for a City Board, Commission, Committee or Corporation Profile Vanessa M Garcia First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 3 Current resident of the city? � Yes r No If yes, how many years? 12 Primary Phone Alternate Phone Talen Energy - Barney Davis Energy Center Engineer Employer Job Title Work Address - Street Address and Suite Number 4301 Waldron Rd Work Address - City Flour Bluff Work Address - State Tx Work Address - Zip Code 78418 Work Phone 3619395032 Vanessa M Garcia Work E-mail address Vanessa.Garcia@talenenergy.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? <.- Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor's Degree in Electrical and Computer Engineering from Baylor University, 15 years total engineering experience in coal fired power plants, and natural gas fired combined cycle power plants, If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Ethics Commission, 2) Planning Commission Why are you interested in serving on a City board, commission or committee? Any governing body is prone to corruption without proper checks and balances. I would like to be part of the community voice at the table. One of my mentors once told me, "You don't to complain if you're not willing to put any skin in the game". So this is me putting skin in the game. I would like to learn from the community leaders around me. I want to learn how the city boards and commissions function; and I would like to be part of the group that helps shape the direction of this city. Are you an ex-Off icio member of a City Board, commission or committee? r° Yes �- No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes c- No Vanessa M Garcia Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N\A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Vanessa M Garcia If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Verification Vanessa M Garcia City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Vanessa M Garcia CITY OF CORPUS CHRISTI Submit Date: Mar 23, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mr Wally Gonzalez Jr. Prefix First Name Last Name _.. Email Address Street Address Corpus Christi TX 78413 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 3 Current resident of the City of Corpus Christi? r Yes r- No If yes, how many years? 22 Retired Self Employed Author Author Employer Job Title Occupation Work Address - Street Address and Suite Number 4206 Boros Drive Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78413 Work Phone 361-443-8596 Mr Wally Gonzalez Jr. Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? (.- Yes r- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BA Business MA Management Why are you interested in serving on a City board, commission or committee? Corpus Christi Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? (- Yes r No Do you currently serve as an elected official for a non-city public office? Yes c. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A Corpus Christi Demographics Gender W Male Mr Wally Gonzalez Jr. Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Corpus Christi Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the above Mr Wally Gonzalez Jr. Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? f- Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Mr Wally Gonzalez Jr. Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr Wally Gonzalez Jr. CITY OF CORPUS CHRISTI Submit Date: May 29, 2024 Application for a City Board, Commission, Committee or Corporation Profile Sharece Hale First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78411 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 10 Blue Cross Blue shield Provider data maintenance Employed Employer Job Title Occupation Work Address - Street Address and Suite Number 4444 Corona Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Sharece Hale Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Some college If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Planning commission, community improvement, Padre management Why are you interested in serving on a City board, commission or committee? I'm interested in becoming a more integrated part of my community Are you an ex-Off icio member of a City Board, commission or committee? r Yes r. No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes ?-. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r•° No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Sharece Hale Does your employer or your spouse's employer have a City contract? Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/a Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? Fo None of the above Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Sharece Hale Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? * W. Adult At-Large Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Sharece Hale Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Sharece Hale CITY OF CORPUS CHRISTI Submit Date: Jun 05, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mr Billy A _ Lerma Prefix First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78410 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 1 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 65 Retired Reti red _ Retired Employer Job Title Occupation Work Address - Street Address and Suite Number none Preferred Mailing Address 1 Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Mr Billy A Lerma Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? want to stay active with city government. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Mr Billy A Lerma Do you, your spouse, your business or your spouse's business have a City contract? r Yes r•° No Does your employer or your spouse's employer have a City contract? Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? z: Yes r No Mr Billy A Lerma Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. ,W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Mr Billy A Lerma Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr Billy A Lerma CITY OF CORPUS CHRISTI Submit Date: May 13, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mrs Erica M _ Maymi Prefix First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 43 Financial Services Professional/Retirement New York Life Insurance Specialist _ Financial Advisor Employer Job Title Occupation Work Address - Street Address and Suite Number 5350 S Staples ST, Suite 101 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78411 Work Phone 361-986-1419 Mrs Erica M Maymi Work E-mail address Emaymi@ft.newyorklife.com Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Political Leader Committee, Agency Advisory Board, Not for the city Education, Professional and/or Community Activity (Present) Degree in Management Degree in Marketing Real Estate License Life & Health Insurance License Financial State License Property & Casualty Insurance License Investment License Million Dollar Round Table Political Leader for New York Life New York Life's Agents Advisory Council YAT Chair - National Association of Insurance and Financial Advisors Retirement Income Certified Professional Certified Long Term Care Specialist If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) CC Regional Transportation Authority Capital Improvement Advisory Board Type A & B Boards Why are you interested in serving on a City board, commission or committee? I was born and raised in this beautiful city and I plan to retire in this city. I want to be involved to so that I could contribute to keeping it great. I am a well known positive business owner and I have lots of experience working on boards. I sat on a board for a multi-billion dollar company, New York Life Insurance in New York. During that experience I learned a lot of skills and want to put them to good use in our city. I have sat on many large boards and I am looking for another Opportunity to enhance and support in other ways. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r. No Mrs Erica M Maymi No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NA Demographics Gender rJ Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r: No Mrs Erica M Maymi Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") I work in an industry where 80% of my clients are seniors and many of them are disabled. Many of my clients are in long term care facilities, Adult day cares, or need a form of physical assistance, and use public transportation to get around town. Relationships that I build with my clients are long term and we build lots of trust and communication. Assisting my community by being a voice, representative and an advocate for these individuals is very important to me. I have the skills, resources and courage to assist in finding areas of improvements and work excellent with others to help find solutions. I manage large volumes of financial accounts and multiple business. I completed real estate education program and passed my state exam in 2005. Mrs Erica M Maymi Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? e Yes o No Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? ® Real Estate\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? e Yes d No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Mrs Erica M Maymi City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mrs Erica M Maymi ERICA M . MAYMI FINANCIAL SERVICES PROFESSIONAL F WORK EXPERIENCE Born and raised in Corpus Christi, TX and is currently a leader and role New York Life Insurance Company model in the community. She is July 2006 - Present wife, mother of 3 children and owns Financial Services Professional, I assist clients with planning for multiple extremely successful Retirement, investments and insurance planning. businesses. Erica was elected to the Agents Advisory Council for New Mechell Insurance Professionals York Life and represents 20K agents Owner-Broker countrywide and is representing March 2015 - Present them in New York by working with I assist clients with providing all insurance needs for personal the CEO's and all upper property, business properties and casualties. management. They work together to help improve service, products RAM Investment Properties and customer experiences. She is Owner also a member of the prestigious July 2016 - Present Million Dollar Round Table, the top I own, manage, lease and invest in properties. 1% leaders in the world in Insurance and Financial Services. She is also EDUCATION the Political Involvement Leader for South Texas. The New York Life Associates Degree - Business Management Political Leaders are currently Del Mar College - May 2003 working with government leaders in Washington to improve the Associates Degree - Marketing retirement laws. Del Mar College - May 2005 Securities License The American College - May 2009 PHONE: Retirement Income Certified Planner (361) 813-9689 The American College - December 2019 WEBSITE: Certified Long Term Care Specialist ERICAMAYMI.COM The American College -June 2020 AWARDS Member of Million Dollar Round Table Since 2012 Chairman's Council, President's Council, Executive Council since 2007 NAIFA and NYLPAC since 2008 NAIFA YAT Chair 2009-2016 Hispanic Women's Network of Texas - 2017 Estrella Career Success, Career Foundation, Life Foundation, Investment, Life Case, Income Annuity Leader, Annuity Elite Gold, Centurion and Life All Star. CITY OF CORPUS CHRISTI Submit Date: Jun 05, 2024 Application for a City Board, Commission, Committee or Corporation Profile Michael M _ Miller First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 42 Teal Construction Company Vice President _ Construction Executive Employer Job Title Occupation Work Address - Street Address and Suite Number 5110-B IH 37 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78407 Work Phone 3618824825 Michael M Miller Work E-mail address miller@tealcon.com Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Currently serving as Chair of the planning commission which expires in July 2024. Education, Professional and/or Community Activity (Present) Some College Leadership Corpus Christi Class 40 2017 Corpus Christi Under 40 Recipient Past President of Corpus Christi Metro Ministries Current Board Member Goodwill Industries of South Texas Current Chair of the Planning Commission Volunteer, Habitat for Humanity Volunteer, Associated Builders and Contractors Volunteer, American Heart Association Why are you interested in serving on a City board, commission or committee? I have proven ability to investigate and do the research necessary to make the most responsible recommendations for the future growth of our City. I believe in 100% transparency, both with the body that appoints me, and the citizenry that I am appointed to serve. I believe in responsible growth, which takes into consideration job creation and our local economy as well as the environment and our local natural resources. I take a lot of pride in my hometown, and it would be my distinct honor to continue to serve on the planning commission. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Michael M Miller Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r• Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Michael M Miller If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. I occasionally pursue construction contracts with the city in my role as VP of Teal Construction, but do not have any open contracts currently. My wife's employer, Carlisle Insurance, writes insurance for the city as well as the port, however, she is involved in personal lines and does not have any direct involvement on any of those accounts. Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? r Yes r No Verification Michael M Miller City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Michael M Miller Michael M. Miller was 51 Camden Pl. • Corpus Christi,Texas 78412•Phone:361-438-8712 Objective To utilize my extensive construction experience and leadership skill sets for the betterment of the community in which I live. I have proven ability to investigate and do the research necessary to make the most responsible recommendations for the future growth of our City. I believe in 100%transparency,both with the body that appoints me,and the citizenry that I am appointed to serve. I believe in responsible growth,which takes into consideration job creation and our local economy as well as the environment and our local natural resources. I take a lot of pride in my hometown,and it would be my distinct honor to continue to serve on the planning commission. Experience Vice President,Teal Construction Company January 2011-Present • Currently serving as Vice President for the South Texas Market,as well as business development duties in all markets. • Provide leadership through innovation by introducing our 77 year old company to new market sectors including school districts, municipalities,and industrial facililities. • In charge of creating and maintaining relationships with clients,subcontractors,and vendors as well as providing a community presence for the company. • Managing an office of 3 project managers, 3 projects coordinators,and 7 superintendents with an annual office revenue in excess of $5050005000. • Integral in implementing new procedures and technology,company wide. • Oversight of all operations including work in progress,cost to complete reports,schedule maintenance,reporting and financials for all regional offices with a combined annual revenue of over$120,000,000. Partner,Miller West,LTD May 2000-Present • Manage interests in ranching and oil&gas production operations. • Management of cow/calf operations on roughly 8,000 acres of ranch property in Duval,Live Oak,and Bee counties. • Management of family oil&gas production company. • Review and execution of oil&gas mineral leases over mineral properties located in Texas,Arkansas, Oklahoma,and New Mexico. Chief Estimator, KJM Commercial, Inc. October 2009 January 2011 • Returned to KJM Commercial in order to elevate the portfolio of the company to include public projects. • Implemented new technologies including on-screen takeoff software and created all new estimating templates. • Performed as an estimator on projects ranging in value from$300,000 to$8,000,000. Chief Estimator, BARCOM Commercial, Inc. May 2008-October 2009 • Performed as an estimator on projects ranging in value from$100,000 to$22,000,000. • Coordinated production of qualifications packages and performed presentations during interviews. • Compiled a proven track record as a consistently low bidder on projects including but not limited to K-12 institutions,higher education facilities,churches,and medical office buildings. Chief Estimator, KJM Commercial, Inc. May 2007-May 2008 • Performed as an estimator on projects ranging in value from$100,000 to$6,000,000. was • Both coordinated subcontractor bids as well as performed comprehensive material and labor takeoffs. • Built schedules in order to accurately predict job duration. • Compiled a proven track record as a consistently low bidder on projects including but not limited to medical office buildings,retail shells,financial institutions,restaurants,and"big box"interior finish outs. Education Leadership Corpus Christi, Class 40 2011 Participated in one of the state's oldest community leadership programs. The 12 month exclusive program provided leadership training for the unique business atmosphere in South Texas. Construction Estimating Institute,Houston,Texas 2007 Completed courses in concrete,general commercial construction,and earth work estimating. Blinn College,Bryan Campus 2003-2005 Completed business courses with the intent of pursuing a degree in Construction Science at Texas A&M University. Texas A&M University Corpus Christi 2000-2002 Completed coursework with the intent of pursuing a degree in Geology Community Involvement City of Corpus Christi Planning Commission 2019-Present Currently serving as Chair of the Planning Commssion. Corpus Christi Under 40 2017 Recipient of the Young Business Professionals' Corpus Christi Under 40 Award in 2017 for my accomplishments in business and non-profit volunteenism. Corpus Christi Metro Ministries 2012-2018 Served as the President of the Board of Directors for a non-profit organization that provides a transitional program for the homeless of Corpus Christi. The 42 year old organization has an 80%success rate at transitioning its clients into a sustainable lifestyle with an annual budget of$2.2 million. 2 was Goodwill Industries of South Texas 2015-Present Currently serving on the Board of Directors for Goodwill Industries of South Texas. Goodwill,among other programs,has 16 retail stores and services 20 counties from Victoria to Brownsville.In 2015 Goodwill served over 7,300 people across South Texas. "What's Up Corpus Christi?" 2012-2014 Developed a community calendar including a website and smart phone app for the citizens of Corpus Christi. Program is currently being operated by the Corpus Christi Chamber-of Commerce.www.whatsupcc.or-g 3 CITY OF CORPUS CHRISTI Submit Date: Aug 18, 2023 Application for a City Board, Commission, Committee or Corporation Profile Vanessa Ursery First Name Last Name Email Address 7- _j Street Address Corpus Christi TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the city? Yes �- No If yes, how many years? 5 Keller Williams also Self Employed with another Realtor - Owner/President for business other business Employer Job Title Work Address - Street Address and Suite Number 4518 EverhardtRd ste 101 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 Work E-mail address vanessa.ursery@kw.com Vanessa Ursery Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes rw No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas Real Estate License, Multiple continuing education courses, Texas State Notary. In VA have worked on multiple large development projects including historical buildings and hotels. Volunteer and Coordinator at local church, PTA for CCISD elementary school, Athletic booster for London ISK Why are you interested in serving on a City board, commission or committee? As a member of the Planning Commission, I'll have a chance to have a community impact in influencing the development and growth of our city. I have a passion for urban planning, architecture, and sustainable development. I'd flourish in a role where I can give recommendations on zoning changes, land use, and development proposals. I love and continue to connect with other professionals, city officials, and community leaders that share a passion for our city. Most importantly I am a problem solver and love dealing with complex and multifaceted challenges related to land use and growth. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r" Yes r= No Do you currently serve as an elected official for a non-city public office? r Yes (.- No Vanessa Ursery Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Vanessa Ursery Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes (- No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Vanessa Ursery City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Vanessa Ursery Vanessa Ursery 7417 Idle Hour Dr Corpus Christi, TX 78414 Phone: (361)210-7603 Objective: To further expand my current trajectory of client interaction, investor opportunities and policy development to shape the future of sustainable urban growth in alignment with the needs and aspirations of our community. Work Experience: 1/2022-Present Realtor®in Texas with Keller Williams Coastal Bend - Poses an in depth knowledge of local real estate markets, trends, and property values. Leverage market insights to help clients make informed decisions. - Expert negotiator with a record of securing favorable deals for both buyers and sellers. Skilled at advocating for for clients best interest. - -Proficient in crafting compelling property listings and utilizing a variety of marketing channels. - Establish a wide network of industry professionals including mortgage brokers, attorneys, inspectors, contractor, investors and builders. - Built a strong referral based business through exceptional client service. - Closed over 2.3M in first active year in RE sales 5/2019-Present Owner/Founder VCU Realty Services - Successfully established and managed a transaction coordinating business, providing end-to-end coordination services for clients in the real estate sector. - Developed and implemented streamlined process and workflows resulting in a 50%reduction in processing. - Maintained strict adherence to legal and regulatory requirements, reviewing contracts, disclosures, and documentation to ensure accuracy and compliance. - Proactively identified potential issues and risks, devising innovative solutions and mitigating challenges to ensure the success completion of transactions. - Strategically marketing and promoting clients business through networking, social media and partnerships resulting in an increase in client acquisition and business growth. 3/2011-10/2018 Project Assistant-IBWorldly LLC - Managed business and personal bank accounts - Managed multiple rental buildings including residential and commercial. I was the first point of contact on both ends, management and tenant. - Assisted with historical tax credits (state and federal) during historical rehabilitation construction projects. - During the tenure I oversaw budgets, construction, material and finances for 3 major projects in the city of Norfolk and the city of Virginia Beach. Projects included an 81 unit historic rehabilitation of warehouse to luxury apartments ($5.5M total project cost), a 56 unit historical rehabilitation of a shell vacant cotton storage to luxury apartments ($4M total project cost) and a complete historical rehabilitation of a cherished boutique hotel into a Marriott Autograph five star hotel($32M total project cost). 11/2008-3/2011 Professional Translator Contract Work ' I work alongside construction companies to translate OSHA required "tool box"topics/presentations from English into Spanish. ' I also presented publicly in Spanish when needed. 9/2007-10/2008 Property Manager for COA/HOA& Rentals Executive Management Services Same duties as previous position with a few additions On sight manager for condo conversion but also offering rentals. Showing units Scheduling maintenance or repairs and follow through with inspecting them. Working closely with attorney's with legal issues on individual properties. Being an emergency on call Managed vendors as well as concierge staff(5 ) and 3 other employees. 11/2006-9/2007 Administrative Assistant The ALAI Group, Inc. Light book keeping Answering phones Researching Florida Statue Working out budgets Implementing forms for associations Setting up agendas for meetings Handling complaints from owners Supervising one of their properties Marketing Research Putting together and mailing monthly newsletters Assisting in the set up of website Inputting data into quickbooks/quicken Transcribing association meetings Filling Being first contact for all vendors 9/2002-5/2006 Contract admire/Closing coordinator Key Realty Adv. Answering telephones Inputting data into computer Making sales reports, finance reports and escrow reports Filling Writing and mailing out letters to customers. Keeping open communication with lenders, appraisers, inspectors as well as customers. Scheduling walk through as well as inspection and appraisal. Making sure all contract files has all documents ready for closing. Scheduling closing Meeting with customers afterward to congratulate them, give them gift as well as keys to their new home. Make nightly deposit Keep up sales and deposit report Meet daily goals Ship and receive products Languages Spoken: - Fluent in reading/writing/comprehension in Spanish and English. Professional Memberships: - National Association of Realtors - Texas Association Realtors - Corpus Christi Association of Realtors - Keller Williams Young Professionals - American Associations of Notaries - Local Women Entrepreneur Society References available upon request. AIRPORT ZONING COMMISSION Three(3)vacancies with terms ending 7-31-2027.(The members serve three-year staggered terms coterminous with the term each member serves on the Planning Commission). Duties The Airport Zoning Commission shall preserve,protect,and maintain the importance of the operations of the Corpus Christi International Airport and of the military flight training mission of Naval Air Station Corpus Christi. Composition The Airport Zoning Commission(Commission)shall be composed of the same nine registered voters who are members of the City's duly appointed Planning Commission. The members shall serve staggered terms of three years coterminous with the term each member serves on the Planning Commission.Any vacancy in an unexpired term on the Commission shall be filled for the remainder of the term,by appointment of the City Council,by the same Planning Commission member appointed to fill the vacancy on the Planning Commission.The Commission members shall elect a Chairperson and a Vice-Chairperson from among its membership at the first regular meeting,who shall serve until August;the members shall then elect a new Chairperson and Vice-Chairperson annually at the first meeting held each August.In addition to the Chairperson and Vice-Chairperson,the Commission may provide for the selection of such other Officers from among its membership as it deems proper.The Director of the Corpus Christi International Airport and the Director of the Environmental and Strategic Initiatives Department of the City of Corpus Christi,or their designees,shall be entitled to attend all meetings and sessions of the Commission,but shall have no vote in matters acted upon by the Commission.A naval representative of Naval Air Station Corpus Christi shall be entitled to attend all meetings and sessions of the Commission,but shall have no vote in matters acted upon by the Commission. Creation/Authority Meets Member size Term length/limit Liaison Section 241.002 of the Texas Local Date and time of meetings TBD 9 3 years/6 years Ruth Bocchino Government Code;Ordinance 031307,12/12/17. Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Seeking Michael Budd District Partial 9/5/2023 7/31/2024 City Council reappointment 0/0meetings Seeking Billy A.Lerma District 1 Partial 2/21/2023 7/31/2024 City Council reappointment 0/0 meetings Seeking Michael M Miller District 1 7/16/2019 7/31/2024 City Council Chair reappointment 0/0 meetings lahvidR.Motaghi District 1 7/19/2021 7/31/2025 City Council Active Mike A.Munoz District 1 3/8/2022 7/31/2025 City Council Active Michael C.York District 2 8/1/2019 7/31/2025 City Council Vice-Chair Active 7-16-2024 Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Cynthia S.Garza District 1 2 7/21/2020 7/31/2026 City Council Active Justin Hedrick District 1 2/21/2023 7/31/2026 City Council Active Brian S.Mandel District 5 2 7/21/2020 7/31/2026 City Council Active United States Ex-Officio,Non- Navy Benjamin Polak 1 11 N/A I N/A INavy Ivoting lActive IRepresentative 7-16-2024 Cityof Corpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 rGr' cctexas.com Meeting Minutes City Council Tuesday,June 18,2024 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 11:39 a.m. B. Invocation to be given by Father Thomas Bartz with St. Nicholas Greek Orthodox Church. Father Thomas Bartz with St. Nicholas Greek Orthodox Church gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Zena Garcia, 2nd grader at Rafael Galvan Elementary School. Zena Garcia, second grader at Rafael Galvan Elementary 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: (ITEMS 1 - 3) 1. 24-0969 Overview of Major City Initiatives in Development This presentation was postponed. 2. 24-0724 2nd Quarter Finance and Budget Report City Manager Peter Zanoni presented the following: presentation overview, general fund revenues, general fund expenses, FY 2024 budget initiatives (all funds), HOT tax revenue, Water Fund Revenues and Expenses, Wastewater fund revenues and expenses, Capital Improvement Program and 2nd quarter summary, next steps. City of Corpus Christi Page 1 Printed on 71812024 City Council Meeting Minutes June 18,2024 City Manager Zanoni and Council Members discussed the following: the full report will be placed on the City's website and distributed to council members; an updated on the Bond 2022 projects will be provided in July; and a few road projects around the Harbor Bridge from Bond 2018 are outstanding but in progress now that the City knows the new bridge footprint. 3. 24-1018 Video Highlight of Cole Park Splash Pad and Playground City Manager Peter Zanoni introduced the video highlights of the ribbon cutting of the Cole Park Splash Pad and Playground. Council members and City Manager Zanoni thanked all those involved who contributed to the project. F. PUBLIC COMMENT Shawn Flanagan, 4218 Herndon St, spoke on suggestions for the city budgeting process and against items 6 and 17. John Weber, 609 Naples St, talked about types of records in the Public Information Act and how they are held. Blanca Parkinson, 10801 Silverton, spoke about desalination plant concerns & concerns about industrial water consumption. Isabel Araiza, 326 Poenisch Dr., spoke about water usage by industrial and residential customers. Sally Gill, 302 Catalina Place, spoke about the City's drought contingency plan, asked the City to delay moving into Stage 3 and to incorporate Lake Texana levels into reservoir calculations. Patricia (Gail) Anderson, 409 Grant PI, spoke against items 6 and 17. Rukmini Surnedi, 7829 Lovain, advocated for a ban on smoking and vaping in all city parks. Jason Hale, 4421 Hamlin, requested updated documents for the Inner Harbor desalination plant to be posted on the city's website. Susie Saldana, 4710 Hackel, voiced her opinion on the Bond 2024 proposed projects for District 2 and supports vaccine choice. Rachel Caballero, 522 Hancock, spoke about decorum, concerns with certain city expenses, and against desalination. Lamont Taylor, 522 Hancock, supports item 20 and requested the facility be named the T.C. Ayers Aquatic Center. Eli McKay, 1008 Margeurite St., opposes item 18, IDA discussions in executive session, supports the Casa Blanca project, and concerns with city employee wages. G. BOARD & COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 4 - 18) City of Corpus Christi Page 2 Printed on 71812024 City Council Meeting Minutes June 18,2024 Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 6, 10, 13 and 17 were pulled for individual consideration. Council Member Klein moved to approve the consent agenda with the exception of Items 6, 10, 13 and 17, seconded by Council Member Campos. 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 4. 24-1017 Approval of the June 11, 2024 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 5. 24-0611 Ordinance accepting a grant from the State of Texas Governor's Homeland Security Grants Division for Operation Stonegarden (drug and human trafficking) for overtime, fringe benefits, one replacement Chevy Tahoe, and fuel/maintenance in the amount of$228,898.00; and appropriating $228,898.00 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033379 6. 24-0805 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for$240,003.00, with a cash match of$24,000.00, for the Public Health Emergency Preparedness (PHEP) Grant from the Texas Department of State Health Services (DSHS) to provide funding activities in support of the PHEP Cooperative Agreement from the Centers for Disease Control and Prevention (CDC) for the period of July 1, 2024, through June 30, 2025. Mayor Guajardo referred to items 6 and 17. Council members and Director of Public Health Departments Fauzia Kahn discussed the following topics: confirming the grants are in compliance with State laws related to COVID vaccines and this is a continuation of an existing grant. Council Member Barrera moved to approve items 6 and 17, seconded by Council Member Campos. These items were passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos City of Corpus Christi Page 3 Printed on 71812024 City Council Meeting Minutes June 18,2024 Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: 033380 7. 24-0826 Zoning Case No. ZN8219, City of Corpus Christi (District 2). Ordinance rezoning a property at or near 2212 Morris Street from the "RS-6"/SP Single-Family 6 District with a Special Permit and the "Cl" Intensive Commercial District to the "RM-2" Multifamily District; 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: 033381 8. 24-0838 Zoning Case No. ZN8242, Zumic Investments LLC (District 1). Ordinance rezoning a property at or near 4458 Church Street from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District; 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: 033382 9. 24-0626 Ordinance authorizing mid-year budget adjustments and amending the Operating and Capital Budgets, as applicable, for fiscal year 2023-2024 (FY 2024) in the manner and method stated for the following items: transferring $400,000.00 from the TIRZ #2 Fund to the Capital Budget and appropriating for the design of Commodore Park; transferring $108,256.88 from the unreserved fund balance in the Sewer Connection Fund to the Wastewater Capital Reserve Fund and appropriating to fund wastewater projects; appropriating $370,000.00 from the unreserved fund balance in the Golf Center Fund to upgrade a water reuse pump station located at Greenwood Wastewater Treatment Plant; and appropriating $243,734.00 from the unreserved fund balance in the Golf Center Fund for the Gabe Lozano Firefly and Practice Range Projects. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033383 Consent- Contracts and Procurement 10. 24-0803 Motion authorizing the execution of a one-month service agreement with Fitness Superstore, Inc., of Benicia, California, for$87,295.80, for the purchase, delivery, and installation of fitness equipment for the new Corpus Christi Police Training Academy, with funding from the 2022 CO Facility Maintenance CIP Fund. City of Corpus Christi Page 4 Printed on 71812024 City Council Meeting Minutes June 18,2024 Council members and Police Chief Markle discussed the following: bids from out of state and local suppliers; the local supplier bid was $20,000 higher than the out of state supplier; and the winning bidder is an equipment manufacturer and not a re-seller. Council Member Barrera moved to approve the motion, seconded by Council Member Hernandez. This Motion 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: M2024-088 11. 24-0667 Motion authorizing the execution of a one-year supply agreement, with two one-year options, with ACT Pipe & Supply, of Corpus Christi, in an amount not to exceed $317,614.90. and a potential amount up to $952,844.70 if options are exercised, for the purchase of brass service water fittings for the Corpus Christi Water Department, with FY 2024 funding of$105,871.63 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2024-089 Consent- Capital Projects 12. 24-0876 Motion awarding a construction contract to Epic Energy Services, LLC., Odem, Texas, in an amount not to exceed $1,000,000.00 for the Indefinite Delivery/Indefinite Quantity Lifecycle Curb & Gutter Replacement to repair the damaged curb and gutter, associated concrete sidewalk and driveway apron projects located city-wide with FY 2024 funding available from Storm Water capital funds. This Motion was passed on the consent agenda. Enactment No: M2024-090 13. 24-0875 Motion awarding a construction contract to McDonald Municipal & Industrial, Houston, TX, for the Central Kitchen Generator project in an amount of $352,469.00 to install a backup power generator at the Central Kitchen located at Del Mar College West Campus, located in Council District 3, with FY 2024 funding available from the Community Development Block Grant (CDBG) Program and General Fund. Council members and Director of Parks and Recreation Robert Dodd discussed the following: this City facility has been on the Del Mar West Campus since approximately 2000; the City and Del Mar have an interlocal agreement for the Central Kitchen; and the possibility of moving the Central Kitchen to the Oso Campus. City of Corpus Christi Page 5 Printed on 71812024 City Council Meeting Minutes June 18,2024 Council Member Klein moved to approve the motion, seconded by Council Member Campos. This Motion was passed and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Roy and Council Member Campos Abstained: 2- Council Member Suckley and Council Member Klein Enactment No: M2024-091 14. 24-0874 Motion awarding a construction contract to DLF Texas, Corpus Christi, TX, for the Ben Garza Park Gymnasium Locker Room Improvements project in an amount of$420,049.87 for the Gymnasium Locker Room improvements including bathrooms, located in Council District 1 with FY 2024 funding available from the Community Development Block Grant (CDBG) Program and General Fund. This Motion was passed on the consent agenda. Enactment No: M2024-092 General Consent Items 15. 24-0893 Resolution finding that AEP Texas Inc.'s requested increase to its electric transmission and distribution rates and charges within the city should be denied and requiring reimbursement of City rate case expenses This Resolution was passed on the consent agenda. Enactment No: 033384 16. 24-0964 Resolution exempting London Ranch Estates Subdivision, located on County Road 22 between County Road 51 and 49, from payment of wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code. This Resolution was passed on the consent agenda. Enactment No: 033385 Consent-First Reading Ordinances 17. 24-0479 Ordinance appropriating $241,637.00 in the Health Grant Fund for an increase in the Immunization/Locals (IMM/LOCALS) Grant from the Department of State Health Services (DSHS) to operate an immunization program for children, adolescents, and adults, to include COVID 19 vaccines when requested by patients, utilizing four existing grant positions for the period September 1, 2024, through August 31, 2025; and appropriating related program income in the estimated amount of$20,000.00 in the Health Grants Fund. Refer to discussion in item 6. City of Corpus Christi Page 6 Printed on 71812024 City Council Meeting Minutes June 18,2024 Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: 033389 18. 24-0952 Ordinance authorizing the resale of three properties for$48,000.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $9,761.80 in sale proceeds plus $1,237.83 for partial payment of City paving and demolition liens. This Ordinance was passed on first reading on the consent agenda. Enactment No: 033390 J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:25 p.m. Executive Session Items 27 and 28 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:50 p.m. K. PUBLIC HEARINGS: (NONE) L. INDIVIDUAL CONSIDERATION ITEMS: (19 - 21) 19. 24-0873 Motion awarding a construction contract to Mor-Wil, LLC., Mission, Texas, in an amount not to exceed $19,279,571.99 for the La Volla Creek Drainage Improvements to construct the detention pond, and its supporting infrastructure, located in Council District 3, with FY 2024 funding available from the Storm Water Capital Fund and Grant Funding. Director of Engineering Services Jeff Edmonds presented information on the following topics: Background, grants, La Volla Creek drainage improvements project, project location, phase II project, benefited areas, and La Volla Creek detention project timeline. Council Members, Director Edmonds, and City Manager Peter Zanoni discussed the following topics: depth of pond; purpose is to temporarily detain water to slow water flow during a storm; City staff met with the contractor and are confident in their abilities to complete this project; Phase II of this project is moving along but need to coordinate with TxDOT and FEMA; a perimeter fence will surround the pond and there will be a walking trail around it; and this project has been in development for many years so Council is excited to see it going to construction. Mayor Guajardo opened public comment. There were no comments from the public. City of Corpus Christi Page 7 Printed on 71812024 City Council Meeting Minutes June 18,2024 Mayor Guajardo closed public comment. Council Member Barrera moved to approve the motion, seconded by Council Member Pusley. This Motion 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: M2024-093 20. 24-0960 Resolution authorizing a professional services contract with Kimley-Horn of Austin, Texas, deviating from the City's procurement policy, to provide design, bid, and construction phase services for the Hillcrest Aquatic Center in an amount up to $600,000.00 located in Council District 1 with FY 2024 funding available from Park and Rec Bond 2014 proposition 2 funds, and amending the Capital Improvement Program. Director of Engineering Services Jeff Edmonds presented information on the following topics: Project location, project rendering, project scope, and project schedule Council Members, Director Edmonds, and Assistant City Manager Neiman Young discussed the following topics: the name of the facility has not been confirmed and will be discussed with the community association; concerns of putting this item on the Bond 2024 and it not passing; TxDOT still has to approve this project and that is expected to come in the next few months; if the Bond 2024 with this item does not pass, the City will re-engage in discussions with TxDOT on next steps; and there are other funding sources for the four other parks. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Klein moved to approve the resolution, seconded by Council Member Roy. 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: 033386 21. 24-0983 Resolution authorizing a 380 incentive agreement with Corpus Christi Capital Group LLC and Corpus Christi Party Hotel LLC in the amount of up to $5,000,000 over a 10 year period for the development of the Casa Blanca Village Apartments. The project will include up to 200 apartment units focused on workforce residences which will be income qualified and subject to HUD fair market rent limits. Assistant City Manager Heather Hurlbert presented information on the following City of Corpus Christi Page 8 Printed on 71812024 City Council Meeting Minutes June 18,2024 topics: A I R development, demographic trends and housing market trends; AIR Development (Adaptive reuse, Infill, and Revitalization); Corpus Christi metropolitan statistical area trends; workforce and housing data; HUD workforce housing affordability; housing affordability; major employers; residential neighborhoods; project site; Casa Blanca Village apartments project concept; phase 1 concept plan; apartment unit concepts; amenities; proven developer: Al Rajabi; The Arlington Hotel renovation; project economics; project investment; developer request; taxable value and incentive payout schedule. Council Members, Assistant City Manager Hurlbert, Redevelopment Officer Jason Alaniz, and Developer Al Rajabi discussed the following topics: clarifying how the incentive schedule works with tax rebates and General Fund; if owner wants to sell the properties, they would need approval from the City Manager or City Council; desire to have a long-term owner of this property; need for improvements to Corn Products Road; the developer is negotiating with the owner of the property that separates his two properties; project will start within the next six months; the developer has not sought any other funding incentives for various reasons; this contract is subject to annual budget appropriations; General Funds can be used for economic development; project completion is estimated in FY 2028 and Corn Products Road is on the IMP in 2027; and this project is a great opportunity to provide affordable housing and repurpose abandoned buildings. Mayor Guajardo opened public comment. Al Rajabi: project developer, is excited to be a part of this project and work with the City; he has worked with other cities on revitalization projects. Robert Luna: developer's architect, evaluated project to ensure it was possible to complete; excited to bring this type of value to Corpus Christi. Diya Liu: developer's financial advisor, proved the numbers out and believes the project will benefit the city by reducing crime and increasing tax revenue. Mayor Guajardo closed public comment. Council Member Roy moved to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Nay: 3- Council Member Hernandez, Council Member Hunter and Council Member Klein Abstained: 0 Enactment No: 033387 M. BRIEFINGS: (ITEMS 22 - 26) City of Corpus Christi Page 9 Printed on 71812024 City Council Meeting Minutes June 18,2024 22. 24-1019 Update Briefing and Action Plan for Mary Rhodes Pipeline Chief Operating Officer of Corpus Christi Water Drew Molly, Director of Water Systems and Support Services Nick Winklemann, and HDR representative Jerry Snead presented information on the following topics: update briefing and proposed action plan; summary of condition assessment; interim proposed approach; next steps, and timeline. Council Members, COO Molly, Director Winklemann, and Mr. Snead discussed the following topics: causes of pipeline blowouts over the last few years and prevention strategies; increasing the water supply from Lake Texana from 40 million gallons per day (MGD) to 43-55 MGD on Monday; the contractor determining the pump optimization plan is from Georgetown, Tx and they do this work for multiple water utilities; Mary Rhodes Pipeline operating schedule hasn't changed in 25 years; CCW will install monitors at certain points to determine how the pipeline is functioning; and this additional data will help CCW make better decisions. 23. 24-0955 Bond 2024 Project List Update Assistant City Manager Neiman Young presented information on the following topics: Recent G.O. bond programs; bond 2024 program summary; and bond 2024 project adjustments. Council Members, ACM Young, ACM Hurlbert, and City Manager Zanoni discussed the following topics: Type B will decide in July if they will fund some of these projects; Alameda Street reconstruction project; parking lot project with Texas State Aquarium; desire for more street and sidewalk projects in District 2 since it is one of the older parts of town; the need to better inform the public about the projects; Council voted last year to implement the Rapid Pavement Program and eliminate the street improvement fee and those decisions have consequences; and support for the public safety projects. 24. 24-0991 City Sales Tax Reauthorization Update Assistant City Manager Heather Hurlbert presented information on the following topics: local sales tax; sample ballot language; and citizen survey. Council members, ACM Hurlbert, and City Manager Zanoni discussed the following topics: the benefits of changing the sales tax from Type A to Type B; just over 1,000 people have completed so far and it is open until Sunday; the City has a responsibility to maintain existing facilities; importance of the projects including more than just the S.E.A district; and Council will need to make a final decision in four weeks. 25. 24-0882 Briefing/Update Regarding the Federal Sea Turtle Release Program at Padre Island National Seashore, presented by Eric Brunnermann, Padre Island National Seashore Superintendent Eric Brunnermann, Padre Island National Seashore Superintendent presented information on the following topics: Padre Island National Seashore (PAIS); Kemp's City of Corpus Christi Page 10 Printed on 71812024 City Council Meeting Minutes June 18,2024 ridley sea turtle nesting sites; Kemp's Ridley sea turtles—eggs; hatchling releases; post 2020 viewing areas; interpretation at visitor center. Council Members and Superintendent Brunnernmann discussed the following topics: PAIS did not find evidence of negative economic impact due to fewer turtle releases; turtle releases demand a lot of extra staff and volunteer hours, which led to burnout; Dr. Shaver remains an advisor to the National Park Service on sea turtles and is involved locally with PAIS; there is not an attempt to eliminate the sea turtle program at PAIS; next sea turtle release is tentatively scheduled for this Saturday; and the PAIS social media pages were recently brought into compliance with federal guidelines. 26. 24-0164 Corpus Christi Museum of Science and History annual update presented by Karen Stevenson, President and CEO of the Corpus Christi Museum of Science and History Corpus Christi Museum of Science and History President and CEO Karen Stevenson presented information on the following topics: Mission; vision & values; the city's assets; FMCCSH FY 2024 budget; CCMSH impacts; Leadership: Board of Directors; the FCCMSH's Partners; Accomplishments; institutional goal 1: manage the city of corpus Christi-owned assets; institutional goal 2: inspire discovery, exploration & innovation; exhibit innovations; this summer's educational and public programs; institutional goal 3: long-term institutional & organizational sustainability; regional & statewide admission fee analysis; and We promise... Council Members and President Stevenson discussed the following topics: need for museums to stay relevant over time; museum and City staff recently completed an analysis of all mechanical, electrical and plumping (MEP) systems; and improvements in Museum offerings are seen but still a lot of room to grow. N. EXECUTIVE SESSION: (ITEMS 27 -28) Mayor Guajardo referred to Executive Session Items 27 and 28. The Council went into Executive Session at 1:25 p.m. The Council returned from Executive Session at 2:50 p.m. 27. 24-0921 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 industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code § 13.043 and associated statutes and regulations, and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be City of Corpus Christi Page 11 Printed on 71812024 City Council Meeting Minutes June 18,2024 conducting economic development negotiations, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, engineers, and other consultants involved in the aforementioned actions This E-Session Item was discussed in executive session. 28. 24-0922 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 regulations, legal rights, and contracts related to surface water from the Nueces River and other sources, groundwater from the Evangeline Aquifer and other sources, desalination, legal restrictions on and permits required for the provision of water, regulations and contracts of water conservation and improvement districts and groundwater conservation districts (including, but not limited to Nueces County Water Conservation and Improvement District#3 and the San Patricio Groundwater Conservation District), TCEQ and EPA regulations related to water, state and federal regulations related to construction of water-related infrastructure, state restrictions on rates and charges for utilities, statutory restrictions on the issuance of debt and governmental contracting, and potential authorization of contracts for attorneys and consultants to assist in matters related to water This E-Session Item was discussed in executive session. O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 7:00 p.m. City of Corpus Christi Page 12 Printed on 71812024 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,June 25,2024 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 11:34 a.m. B. Invocation to be given by Pastor Don Leavell with Corpus Christi Fellowship. Pastor Don Leavell with Corpus Christi Fellowship gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Maverick Van Hazel, 2nd grader at Windsor Park Elementary School. Maverick Van Hazel, second grader at Windsor Park Elementary School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Assistant City Secretary Stephanie Box 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 Assistant City Secretary Stephanie Box Note: Council Member Suckley attended by video conference. 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: (ITEMS 1 -41 1. 24-0969 Overview of Major City Initiatives in Development City Manager Peter Zanoni presented information on the following topics: project list; Bond 2024 project summary; key dates; sales tax reauthorization; Municipal election; FY 2025 proposed budget; impact fees/trust fund; industrial district agreements; seawater desalination; Mary Rhodes Pipeline; drought contingency update; and hurricane and tropical storm preparedness. City of Corpus Christi Page 1 Printed on 71112024 City Council Meeting Minutes June 25,2024 A Council Member and City Manager Zanoni discussed the following topic: if the impact fees are not approved, then an alternative option will need to be considered. 2. 24-1033 2024 Hurricane Season Preparedness (June 1 - November 30) presented by Fire Chief Brandon Wade, and Jace Johnson, Emergency Management Coordinator Fire Chief Brandon Wade stated the fire department coordinated with regional and state departments to prepare for Tropical Storm Alberto. Council Members and Fire Chief Wade discussed the following topics: Council Members expressed gratitude to the fire department for their efforts in keeping everyone safe during the storm; and to be more proactive about educating the community to evacuate during major storms. Emergency Management Coordinator Jace Johnson presented information on the following topics: 2024 Atlantic Tropical Storm/Hurricane name list; 2024 Atlantic hurricane outlook; it only takes one; city operation center; all hazards plan; department operations centers; communicate with local, regional, and state agencies; community outreach; agencies involved in past disasters; communication via telephone-email-Webex-reverse alert; planning and exercises; city emergency teams; phased evacuation; assisted evacuation; evacuation Hub; phased hurricane reentry; team approach for disaster; and emergency information. Council Members, City Manager Peter Zanoni, and Emergency Management Coordinator Johnson discussed the following topics: the community will be informed about evacuating through press releases, reverse alerts, and door to door if necessary; and the Emergency Operations Center has an emergency generator. 3. 24-0141 FY 2024 Rapid Pavement Program (RPP) Program Update, presented by Ernesto De La Garza, Director of Public Works Director of Public Works Ernest De La Garza presented information on the following topics: FY 2022 and 2023 RSRP projects summary; District 1-Dew Creek Drive; District 2-Wynona Drive; District 3-Brushwood Lane; District 4-Merriman Avenue; District 5-Snead and St. Laurent Drive; RPP FY 2024 contractual crew- forecast; and in house crew-forecast. Council Members and Director De La Garza discussed the following topics: the estimated lifetime for these streets is 15 to 20 years; 30 centerline miles will be complete by the end of the year; to consider reconstructing streets that don't drain properly; and the street list is in the process of being updated on the City's website. 4. 24-1030 Staff Announcement (Video): Nick Winkelmann - Director of Water Systems and Support Services Jace Johnson - Emergency Management Coordinator City of Corpus Christi Page 2 Printed on 71112024 City Council Meeting Minutes June 25,2024 Michael Perez - Assistant Director of Public Health and Finance Arturo Marquez - Director of Economic Development Sergio Villasana - Director of Finance Julie Sandoval - Assistant Director of Finance City Manager Peter Zanoni announced new staff members as follows: Nick Winkelmann - Director of Water Systems and Support Services Jace Johnson - Emergency Management Coordinator Michael Perez - Assistant Director of Public Health and Finance Arturo Marquez - Director of Economic Development Sergio Villasana - Director of Finance Julie Sandoval -Assistant Director of Finance Sergio Villasana and Julie Sandvoal will begin with the City on July 1, 2024. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Carrie Meyer, 4401 Gulfbreeze Blvd. and Ariana Jones, 754 Kings Point Harbor Dr., spoke in support of Item 28. Alberto Carrillo, 4055 Killarmet Dr., spoke about financial transparency and responsibility for the City. The following citizens spoke in opposition to the COVID-19 vaccine grant: Patricia Anderson, 409 Grant Place, Joan Carrillo, 4055 Killarmet Dr., John Morris, 514 Southern St., Melinda De Los Santos, 611 Gulf Shore Place, Samuel Fryer, 2222 Cardinales Lane, and Bruce Switalla, 2818 Hulbirt St. The following individuals spoke in support of desalination: Sarah Tindall, 445 Peerman Place, Taylor Hecht, 437 Homecrest St., Darcy Schroeder, 409 Dolphin Place, Mark Maroney, 7713 Armstrong Dr., Anthony Allen, 3926 Herring Dr., David Loeb, 3833 South Staples St., Joe McComb, 5323 St. Andrews Dr., Susie Saldana, 4710 Hake] Dr., Brandon Ernzen, 4301 Lake Michigan Dr., Terry Piper, 4514 Lake Bistineau Dr., Robert Scholz, 2342 Loxley Dr., Mike Lippincott, 1102 Second St., Steve Lynk, 400 Mann St., Paul Choules, Portland, TX, Michael Paris, Portland, TX, Mike Culbertson, Scott Jones, Portland, TX, Sydney Hansen, Rockport, TX, Jordan Soto, Odem, TX, C. Davis, Mathis, TX, and Stacy Barna, 15508 Spillman Ranch. The following individuals spoke in opposition to desalination: Jason Hale, 3918 Wow Rd., Rachel Caballero, 522 Hancock Ave., Jake Hernandez, 488 Palmetto St., Beatriz Alvarado, District 2, and Myra Alaniz, 4695 FM 1889. Lamont Taylor, 522 Hancock Ave., spoke about including the Hillcrest area for air quality monitoring, and in opposition to desalination. City of Corpus Christi Page 3 Printed on 71112024 City Council Meeting Minutes June 25,2024 John Weber, 609 Naples St., spoke about Industrial District Agreements being discussed in open session. Adam Rios, 7301 Tangled Ridge Court, spoke about the Ribbon Cutting Ceremony for West Guth Skate Park. The following citizens submitted a written public comment which is attached to the minutes: Al Arreola, Jr., 602 N. Staples St., Farooq Husayn, 6214 Saratoga Blvd. and Scott Harris, 362 Merrill Dr. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 5 - 19) Consent- Second Reading Ordinances 5. 24-0479 Ordinance appropriating $241,637.00 in the Health Grant Fund for an increase in the Immunization/Locals (IMM/LOCALS) Grant from the Department of State Health Services (DSHS) to operate an immunization program for children, adolescents, and adults, to include COVID 19 vaccines when requested by patients, utilizing four existing grant positions for the period September 1, 2024, through August 31, 2025; and appropriating related program income in the estimated amount of$20,000.00 in the Health Grants Fund. Mayor Guajardo referred to Item 5. A Council Member and Director of Public Health Fauzia Khan discussed the following topic: the funding from this grant will not be used to promote the COVID-19 vaccine, nor will the City promote the COVID-19 vaccine. Council Member Pusley moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: 033389 Approval of the Consent Agenda City of Corpus Christi Page 4 Printed on 71112024 City Council Meeting Minutes June 25,2024 Mayor Guajardo referred to the Consent Agenda. Items 5, 9, 10, 12, 13 and 16 were pulled for individual consideration. Council Member Barrera moved to approve the consent agenda with the exception of Items 5, 9, 10, 12, 13 and 16, seconded by Council Member Pusley. 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. 24-0952 Ordinance authorizing the resale of three properties for$48,000.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $9,761.80 in sale proceeds plus $1,237.83 for partial payment of City paving and demolition liens. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033390 Consent- Contracts and Procurement 7. 24-0869 Motion authorizing the purchase of 31 additional Panasonic mobile data computers and dash camera systems from Turn-Key Mobile, of Jefferson City, Missouri, for the Corpus Christi Police Department for $531,929.00, with FY 2024 funds from the Federal Police Law Enforcement Trust Fund in the amount of$177,309.66, the General Fund in the amount of$177,309.67, and the Crime Control and Prevention District in the amount of$177,309.67. This Motion was passed on the consent agenda. Enactment No: M2024-094 8. 24-0862 Motion authorizing the purchase of one replacement Pierce Enforcer Pumper Fire Truck from Siddons-Martin Emergency Group, of Houston, Texas, through the BuyBoard Cooperative, for the Corpus Christi Fire Department in the amount of for $988,253.00, with FY 2024 funding in the amount of$988,253.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2024-095 9. 24-0923 Resolution authorizing the acquisition by lease-purchase of a brush and tire shredder unit from Powerscreen Texas, Inc., through the Sourcewell Cooperative and financed through JPMorgan, in the amount of$1,006,737.58 for the Solid Waste Services Department, with FY 2024 funding of$50,336.88 from the General Fund and the remaining balance of$956,400.70 to be funded through City of Corpus Christi Page 5 Printed on 71112024 City Council Meeting Minutes June 25,2024 the annual budget process. Mayor Guajardo referred to Item 9. Council Members and Director of Solid Waste David Lehfeldt discussed the following topics: the purpose of this shredder is to process the brush to haul it to the compost facility; and the shredded tires will be taken to the landfill. Council Member Klein moved to approve the resolution, seconded by Council Member Campos. 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: 033391 10. 24-0914 Motion authorizing execution of a two-year supply agreement with Wilnat Inc., dba Koons Gas Measurement of Tulsa, Oklahoma in an amount not to exceed $262,500.00 to purchase residential gas regulators, for Gas Operations, with FY 2024 funding in an amount of$131,250.00 available through the Gas Fund. Mayor Guajardo referred to Item 10. A Council Member and Director of Gas Operation Bill Mahaffey discussed the following topic: why a local company was not selected. Council Member Barrera moved to approve the motion, seconded by Council Member Roy. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Pusley Abstained: 0 Enactment No: M2024-096 11. 24-0293 Motion authorizing execution of a one-year co-op agreement, with two one-year options and an auto-renew provision, with Carahsoft Technology Corporation, of Reston, Virginia, through the Texas Department of Information Resources, for $100,429.83 and a potential amount up to $335,532.26 if options are exercised, for Granicus agenda management software and support, with FY 2024 funding of$100,429.83 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2024-097 City of Corpus Christi Page 6 Printed on 71112024 City Council Meeting Minutes June 25,2024 12. 24-0632 Motion authorizing execution of a one-year service agreement, with two one-year options, with Rolland George Hyatt, Jr., dba Woodstock Tree Surgeons, of Corpus Christi, in an amount not to exceed $89,200.00, with a potential amount up to $267,600.00 if options are exercised, for palm tree trimming services for Parks & Recreation, with FY 2024 funding of$44,600.00. Mayor Guajardo referred to Item 12. Council Members and Assistant Director of Parks and Recreation Tyler Florence discussed the following topics: a request to maintain all trees citywide; and to consider planting not only palm trees, but shade trees. Council Member Pusley moved to approve the motion, seconded by Council Member Barrera. This Motion 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: M2024-098 Consent- Capital Projects General Consent Items 13. 24-0870 Resolution authorizing the submission of a grant application for $864,514 to the Motor Vehicle Crime Prevention Authority to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of$184,005 and an in-kind match of$750,763 for a total project cost of$1,799,282.00 for salaries, overtime, and fringe benefits for four sworn officers and three civilians (authorizing the four sworn officers and three civilian positions), and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $864,514 in the Police Grants Fund. Mayor Guajardo referred to Item 13. A Council Member and Police Chief Mike Markle discussed the following topic: this grant will provide four additional police officers to the Police Department's Auto Theft Task Force, along with three analytical staff. Council Member Pusley moved to approve the resolution, seconded by Council Member Barrera. 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 City of Corpus Christi Page 7 Printed on 71112024 City Council Meeting Minutes June 25,2024 Abstained: 0 Enactment No: 033392 14. 24-0868 Resolution authorizing a grant application for the FY 2025 Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office to provide beach cleaning and maintenance on North Padre Island and Mustang Island. This Resolution was passed on the consent agenda. Enactment No: 033393 Consent-First Reading Ordinances 15. 24-1059 Ordinance Extending the Local State of Disaster Declared by the Mayor on June 20, 2024, related to Tropical Storm Alberto; and declaring an emergency. This Ordinance was passed on emergency on the consent agenda. Enactment No: 033394 16. 24-0877 Ordinance accepting $139,501 for an Air Quality Planning Grant from the Texas Commission on Environmental Quality to provide air quality planning activities through December 31, 2025. Mayor Guajardo referred to Item 16. Council Members, City Manager Peter Zanoni, and Director of Public Health Fauzia Khan discussed the following topics: the City works with Texas A&M University-Corpus Christi to obtain data to monitor air quality; and the Coastal Bend Air Quality Partnership does not focus on Particulate Matter 2.5. Council Member Pusley moved to approve the ordinance, seconded by Council Member Klein. 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 17. 24-0887 Ordinance authorizing acceptance and future amendments of a Tuberculosis Prevention and Control Grant for $114,925.00 with a cash match of$22,985.00 from the Department of State Health Services (DSHS); appropriating $137,910.00 to provide funding activities in support of tuberculosis prevention and control services for the period September 1, 2024, through August 31, 2025, authorizing two existing FTE's funded by this grant. This Ordinance was passed on first reading on the consent agenda. City of Corpus Christi Page 8 Printed on 71112024 City Council Meeting Minutes June 25,2024 18. 24-0902 Ordinance appropriating $43,570.00 from an increase in the HIV Surveillance Grant Program administered by the Department of State Health Services (DSHS) for the period September 1, 2024, through August 31, 2025, to provide HIV surveillance and control services, authorizing one existing FTE position funded by this grant. This Ordinance was passed on first reading on the consent agenda. 19. 24-1008 Ordinance ending Presiding Judge Jacqueline Del Llano Chapa's current term and reappointing Jacqueline Del Llano Chapa as Presiding Judge for a two-year term of office beginning August 1, 2024, and ending August 1, 2026, effectively staggering the Presiding Judge term from Full-time and Part-time Municipal Court Judges' terms. This Ordinance was passed on first reading on the consent agenda. J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:09 p.m. Executive Session Item 31 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:05 p.m. K. PUBLIC HEARINGS: (ITEMS 20 -21) 20. 24-0937 Zoning Case No. ZN8192, MF Newton Investments LLC (District 4). Ordinance rezoning a property at or near 2245 Flour Bluff Drive from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Items 20 and 21. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Suckley 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 21. 24-0932 Zoning Case No. ZN8185, Toreros Investment II LLC (District 4). Ordinance rezoning a property at or near 635 Yorktown Boulevard from the "FR" Farm Rural City of Corpus Christi Page 9 Printed on 71112024 City Council Meeting Minutes June 25,2024 District to the "CC/SP" Commercial Compatible District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval. Applicant originally requested a zoning change to the "R-MH" Manufactured Home District. Applicant consents to staff's recommendation). See Item 20. 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 L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 22 - 28) 22. 24-1025 Resolution approving staff recommendation of the shortlisted firms (Acciona Agua/MasTec, CDM Smith/PLW Water, and Kiewit) for the Inner Harbor Seawater Desalination Treatment Plant Project in accordance with the Texas Government Code 2269 pertaining to a Request for Qualifications issued on March 29, 2024, and closed on May 22, 2024. Mayor Guajardo referred to Items 22-25. Chief Operations Officer for Corpus Christi Water (CCW) Drew Molly and Assistant Director of Finance and Procurement Josh Chronley presented information on the following topics: procurement team; project council actions; procurement update; procurement process; RFQ evaluation results; RFQ evaluation; procurement next steps; projected rate impact by customer class; staff recommendation #1; staff recommendation #2; staff recommendation #3; staff recommendation #4; staff recommendation #5; and project timeline going forward. Council Members, COO Molly, Assistant Director Chronley, Project Manager and Associate with Freese and Nichols Jason Cocklin, and Attorney Janet Whitehead discussed the following topics: concerns with moving forward with desalination because the Environmental Protection Agency is still investigating the discharge permit; what would happen if the permit is denied; the Mary Rhodes Pipeline is functioning properly and the City will continue using it; the permitting process and TCEQ requirements; whether CCW has reduced the amount of water leaks/loss; this project is financially feasible because the City owns the water rights; a Council Member expressed concern about the progressive design build of this project and the cost of raw water; the City is still considering a groundwater source and other options; and Council Members complimented the City Manager and CCW staff for their work on this project. Mayor Guajardo opened public comment. Jim Barnette, 2728 Airline Rd. and Bob Paulison, 15226 Barataria Dr., spoke in support of desalination. City of Corpus Christi Page 10 Printed on 71112024 City Council Meeting Minutes June 25,2024 John Weber, 609 Naples St., spoke in opposition to desalination. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: 033395 23. 24-0998 Resolution authorizing the execution of a contract and subsequent amendment(s), following the Request for Proposals (RFP), with the selected design-build firm for design services for the Inner Harbor Seawater Desalination Treatment Plant Project in the estimated amount of$68,000,000.00, authorizing execution of Phase 1A, Phase 1B, and early work packages in the estimated amount of$69,250,000.00, and authorizing acquisition of property in the estimated amount of$750,000.00, for a total amount not to exceed $138,000,000.00; and determining all costs attributable to Raw Water; with funding available from the State Water Implementation Fund for Texas (SWIFT). See Item 22. Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: 033396 24. 24-1024 Resolution authorizing Amendment No. 3 for pre-construction phase services to the master services agreement with Freese and Nichols for the Inner Harbor Seawater Desalination Treatment Plant Project in the amount of $12,000,000.00, for a total contract value not to exceed $21,033,994.00; with funding available from the State Water Implementation Fund for Texas (SWIFT). See Item 22. Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: 033397 City of Corpus Christi Page 11 Printed on 71112024 City Council Meeting Minutes June 25,2024 25. 24-0697 Motion authorizing payment of the Federal Income Tax Component of Contribution (ITCC) in the amount of$255,750.00 to American Electric Power, Texas (AEP) for the Contribution in Aid of Construction Direct Connect Agreement for the Inner Harbor Seawater Desalination Treatment Plant Project, with FY 2024 funding available from the State Water Implementation Fund for Texas (SWIFT). See Item 22. Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: M2024-099 26. 24-1021 Motion authorizing execution of a one-year professional services agreement with two one-year options, for communication and education services for Corpus Christi Water with Morehead Dotts Rybak, Inc. (aka MDR Advertising), of Corpus Christi, in an amount up to $240,000.00 in management fees and up to $1,260,000.00 in media allowance for an amount not to exceed $1,500,000.00 with a potential amount up to $4,500,000.00 if options are exercised, with FY 2024 funding of$375,000.00 from the Water Fund. Mayor Guajardo referred to Items 26 and 27. Council Members, Director of Communications Logan Cobbs, and Principal/Chief Creative Officer of MDR Advertising Stephen Rybak discussed the following topics: a Council Member's concern about marketing for Corpus Christi Water and desalination; the purpose of these professional services is to educate the community about desalination and other projects; and concerns about these costly proposed amounts. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Barrera moved to approve the motion, seconded by Council Member Pusley. The Motion failed with the following vote: Aye: 3- Council Member Barrera, Council Member Pusley and Council Member Roy Nay: 6- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Suckley, Council Member Klein and Council Member Campos Abstained: 0 27. 24-1026 Motion authorizing execution of a one-year professional services agreement with City of Corpus Christi Page 12 Printed on 71112024 City Council Meeting Minutes June 25,2024 two one-year options, for citywide communication and education services with Morehead Dotts Rybak, Inc. (aka MDR Advertising) of Corpus Christi, for $210,000.00 in management fees and $750,000.00 in media allowance for a total not to exceed $960,000.00, with a potential amount up to $2,880,000.00 if options are exercised with FY 2024 funding of$240,000.00 from various department funds. See Item 26. Aye: 3- Council Member Barrera, Council Member Pusley and Council Member Roy Nay: 6- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Suckley, Council Member Klein and Council Member Campos Abstained: 0 28. 24-1000 Motion authorizing Amendment No. 3 to the professional services contract with Lockwood, Andrews & Newnam, Inc. (LAN) for the North Beach Drainage Improvement Project in the amount of$473,604.00, for a total contract value not to exceed $1,254,408.00 to provide design, bid, and construction phase services for reconstruction of Beach Avenue, from East Causeway Boulevard to the beach, and Gulfspray Avenue, from East Causeway Boulevard to the beach, and to provide design services for the North Beach Eco Park project; located in Council District 1, with FY 2024 funding available from the American Rescue Plan Act Grant Funds. Mayor Guajardo referred to Item 28. Council Members, Assistant Director of Engineering Project Management Ratna Pottumuthu, and Senior Associate, Regional Manager with Lockwood, Andrews & Newnam, Inc. (LAN) Scott Harris discussed the following topics: the two streets will be elevated approximately two feet higher than what they currently are; raising the streets will improve access to residential property; these two streets cross the linear canal, so they must be raised for the drainage canal; the linear canal is a time consuming and complicated project; a concern about the width of Beach Avenue; and LAN is 90 percent complete with drainage improvements. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the motion, seconded by Council Member Roy. This Motion 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 City of Corpus Christi Page 13 Printed on 71112024 City Council Meeting Minutes June 25,2024 Abstained: 0 Enactment No: M2024-100 M. BRIEFINGS: (ITEMS 29 - 30) 29. 24-1039 S.E.A. Walk Project Briefing, presented by Bill Durrill, Director of the Devary Durrill Foundation. Mayor Guajardo referred to Item 29. Director of Devary Durrill Foundation Bill Durrill presented information on the following topics: master plan; and video of renderings. Council Members, City Manager Peter Zanoni, and Director Durrill discussed the following topics: Council Members commended Mr. Durrill for these renderings; the Selena Auditorium and American Bank Center bring the most tourism to downtown Corpus Christi; and to consider recycling the concrete pilings to use as barriers to prevent beach erosion on North Beach. 30. 24-0861 Corpus Christi Regional Transportation Authority (RTA) to provide 2023 end of year annual overview on the organization accomplishments and city-wide projects. Mayor Guajardo referred to Item 30. Chief Executive Officer of the Corpus Christi Regional Transportation Authority (RTA) Derrick Majchszak presented a video of the RTA's annual overview on the organization's accomplishments and citywide projects. Council Members and CEO Majchszak discussed the following topics: the ridership has increased about 13 percent since COVID; a desire to improve bus routes in the Calallen area; a request to extend hours for the university; the RTA offers the lowest bus rates in the nation; and Council Members commended the RTA for their service and efforts. N. EXECUTIVE SESSION: (ITEMS 31 -32) Mayor Guajardo referred to Executive Session Item 31. The Council went into Executive Session at 2:09 p.m. The Council returned from Executive Session at 3:05 p.m. 31. 24-1020 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 industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code § City of Corpus Christi Page 14 Printed on 71112024 City Council Meeting Minutes June 25,2024 13.043 and associated statutes and regulations, and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, engineers, and other consultants involved in the aforementioned actions This E-Session Item was discussed in executive session. 32. 24-1038 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 regulations, legal rights, and contracts related to surface water from the Nueces River and other sources, groundwater from the Evangeline Aquifer, Catahoula Aquifer, Eshelman-Vogt Ranch, and other sources, desalination, legal restrictions on and permits required for the provision of water, regulations and contracts of water conservation and improvement districts and groundwater conservation districts (including, but not limited to Nueces County Water Conservation and Improvement District#3 and the San Patricio Groundwater Conservation District), TCEQ and EPA regulations related to water, state and federal regulations related to construction of water-related infrastructure, state restrictions on rates and charges for utilities, statutory restrictions on the issuance of debt and governmental contracting, and potential authorization of contracts for attorneys and consultants to assist in matters related to water. This E-Session Item was postponed. O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 7:14 p.m. City of Corpus Christi Page 15 Printed on 71112024 From: City of Corpus Christi To: City Secretary; Norma Duran Subject: Public Input:06-25-2024-Al Arreola,Jr. Date: Wednesday,June 19,2024 11:39:44 AM [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. V Public Comment& Input Form Date of Meeting 06-25-2024 Name Al Arreola, Jr. Address Street Address: 602 N. Staples Street Street Address Line 2: Suite 150 City: Corpus Christi State/Province: Texas Postal/Zip Code: 78401 Are you a resident of Corpus Christi? Yes What district do you I don't know reside in? Topic Seawater Desalination Agenda Item Number L. 20 - 24 Describe Feedback: Please see the attached letter of support for seawater desalination. Uploads: City CC Desal ltr of support 06252024.pdf Provide an email to receive a copy of your ginny@unitedcorpuschristi.org submission. 1 United Corpus Christi CHAMBER of COMMERCE June 19, 2024 Mayor & Council Members City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Re: June 25, 2024 Agenda Items L. 20-24 At the United Corpus Christi Chamber of Commerce (UCCC) we collaborate and advocate for our members to advance economic prosperity in the Coastal Bend. The UCCC has long advocated for reliable and affordable water resources for our drought-prone region. Developing seawater desalination will ensure a drought-proof water supply that will enable the region, its citizens and businesses to thrive and prosper now, and in the future. Seawater desalination is a viable option for the 500,000 residents of the Coastal Bend region supported by the City of Corpus Christi's water resources and infrastructure. On behalf of our over 1000 members, we would like to encourage the Council to approve agenda items L. 20-24 in order to keep this important project moving forward. Thank you for considering this request. Sincerely, a Al Arreola, Jr. President &CEO www.unitedcorpuschristi.org 602 N. Staples Street, Suite 150 Corpus Christi, Texas 78401 361.881.1800 Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Monday,June 24, 2024 9:32 AM To: City Secretary; Norma Duran Subject: Public Input: 06-25-2024 - FAROOQ HUSAYN [ [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. 0 iiblic Comment & Input Form Date of Meeting 06-25-2024 Name FAROOQ HUSAYN Address Street Address: 6214 SARATOGA BLVD BLDG 3 City: CORPUS CHRISTI State/ Province: TX Postal/Zip Code: 78414 Are you a resident of Yes Corpus Christi? What district do you District 3 reside in? Topic THE PEDIATRIC INSTITUTE OF CORPUS CHRISTI Agenda Item Number NONE Describe Feedback: MAKING CORPUS CHRISTI ONE OFTHE TOP HEALTHIEST CITIES IN AMERICA Uploads: FLYER 3736.pdf Provide an email to receive a copy of your FJHUSAYN@GMAIL.COM submission. 1 THE PEDIATRIC INSTITUTE OF CORPUS CHRISTI 6214 SARATOGA BLVD BLDG 3 STE A (361 ) 520-4250 Age 0-26 YRS A Full Service Clinic for Children & Young Adults *Health Initiative 'Education Research * Well Visits *Urgent Care *Mental Health Come Partner With us for your health GOOD HEALTH STARTS WITH GOOD CONNEXIONS - Far&&qJ- Hu4ayvilMD *6214 BLDG 3 z O Q V BENT TREE *6200 SARATOGA Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday,June 25, 2024 11:51 AM To: City Secretary; Norma Duran Subject: [EXTERNAL]Public Input: 06-26-2024 - Scott Harris I I WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. [� = iblic Comment & Input Form Date of Meeting 06-26-2024 Name Scott Harris Address Street Address: 362 Merrill Drive City: Corpus Christi State/ Province: Texas Postal/Zip Code: 78408 Are you a resident of Yes Corpus Christi? What district do you District 1 reside in? Topic Water Supply Agenda Item Number 1. Describe Feedback: I support a second reliable water source for the city of corpus Christi. Corpus Christi must be the leaders in the region to provide a clean reliable water supply to our region and our community. Our council should take a proactive approach to make this happen.To achieve this, it must be done responsibly.We must protect our limiting natural resources and provide water to our public. Both can be done together. 1 Provide an email to receive a copy of your smharris@Lan-inc.com submission. 2 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Workshop Monday, May 13,2024 1:00 PM Council Chambers FY 2025 Budget Goal Setting Workshop A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 1:01 p.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 Present 9- Paulette Guajardo, Roland Barrera, Gil Hernandez, Michael Hunter, Sylvia Campos, Dan Suckley, Everett Roy, Mike Pusley, and Jim Klein C. FY 2025 Budget Goal Setting 1. 24-0744 FY 2025 Budget Goal Setting City Manager Peter Zanoni stated the revenues starting October 1, 2024 are not going to be as strong as the last two years due to the decrease in property value growth. Chief Financial Officer Constance Sanchez presented information on the following topics: budget calendar; financial/budegetary policies; financial overview, revenue forecast, financial outlook- FY 2023 actuals compared to estimated; financial overview, revenue forecast, financial outlook-revenue forecast for FY 2024; financial outlook-our current dilemma; financial outlook-Texas and Corpus Christi impacts; and future mandated increases for maintenance and operations. A Council Member and CFO Sanchez discussed the following topic: the general funds consist of 30 percent of the budget. Fire Chief Brandon Wade presented information on the following topic: new Fire Station No. 3. There were no comments from the Council. City of Corpus Christi Page 1 Printed on 612412024 City Council Workshop Meeting Minutes May 13,2024 Police Chief Mike Markle presented information on the following topic: police training academy. Council Members, City Manager Peter Zanoni, and Police Chief Markle discussed the following topics: a cost comparison will be done for city crews to handle custodial and mowing services; the police department needs to retain the Corona police training facility; and utility and phone services will be a new expense for this new building. Assistant City Manager Heather Hurlbert presented information on the following topics: Bill Witt Aquatic Center; Water Garden; North Beach bathroom facility; Cole Park splash pad; and Northside/Hillcrest aquatic center. Council Members, City Manager Peter Zanoni, Assistant City Manager Hurlbert, and Director of Parks and Recreation Robert Dodd discussed the following topics: the anticipated annual costs for the aquatic center are recurring and can increase or decrease depending on usage; to consider charging an entrance fee into the aquatic center to earn revenue; concerns about the proposed cost of security services; to ensure that cleaning services at Cole Park Pier are not done during peak time; a request that the City investigate partnering with the downtown museums and facilities that currently have security services to share costs; a rental fee will be implemented for use of the Water Garden; a request for a report of maintenance costs for all splash pads; and the drought management plan will be revisited regarding swimming pools and splash pads. Assistant City Manager Steve Viera presented information on the following topics: Code Enforcement year two of CDBG grant transition to general fund; and developer participation agreements. Council Members, Assistant City Manager Viera, Director of Development Services Al Raymond, and Assistant Director of Public Works Gabriel Hinojosa discussed the following topics: a request for a code enforcement report when a structure is considered a public safety issue; how to improve the 311 services with regard to code enforcement officers; and how effective is the process for adjudicating citations. Assistant City Manager Neiman Young presented information on the following topic: advance funding agreements with TxDOT. There were no comments from the Council. Fire Chief Brandon Wade presented information on the following topic: collective bargaining agreement-Fire. There were no comments from the Council. Police Chief Mike Markle presented information on the following topic: collective bargaining agreement-Police; police staffing plan; and police FY 2025 vehicles. City of Corpus Christi Page 2 Printed on 612412024 City Council Workshop Meeting Minutes May 13,2024 Council Members and Police Chief Markle discussed the following topics: the police department is in need of 40 additional police vehicles; a desire to increase the homeless and crisis unit; and motorcycles and bicycles are also in demand. Fire Chief Brandon Wade presented information on the following topics: Fire-four person staffing continuance; four person staffing five-year plan; Re-org of Fire Department; Re-org of Fire Department-current; and Re-org of Fire Department-proposed. Council Members and Fire Chief Wade discussed the following topics: duties would be reorganized and pay structure would change based on promotion; and changes are to increase efficiency and safety. Chief Financial Officer Constance Sanchez presented information on the following topics: Corpus Christi Retirement System (CCFRS); history of contribution rates; and funding levels for both pension plans. Council Members and CFO Sanchez discussed the following topics: a request to revisit the CCFRS in the near future; and to consider exploring health care fund balances to assist with funding the pension plans. Assistant City Manager Neiman Young presented information on the following topics: streets; and backfilling street maintenance fee. Council Members, City Manager Peter Zanoni, and Assistant City Manager Young discussed the following topics: if the 1/8 cent sales tax is used towards residential streets, can the convention center still be renovated; a request for a citywide breakdown of how many potholes have been filled and how many residential streets have been repaired from a year ago versus three years ago; and to utilize any additional funding sources for a more permanent solution for the worst streets. Chief Financial Officer Constance Sanchez presented information on the following topic: animal care services. Council Members, City Manager Peter Zanoni, CFO Sanchez, and Interim Director of Animal Care Service Kathleen Chapa discussed the following topics: the importance of increasing funding for Vector Control; Human Resources is reviewing salaries for Animal Care Officers; desires to increase the spay/neuter marketing campaign; and updating animal care ordinances is a goal. Assistant City Manager Heather Hurlbert presented information on the following topic: Industrial District Agreements. There were no comments from the Council. City of Corpus Christi Page 3 Printed on 612412024 City Council Workshop Meeting Minutes May 13,2024 Chief Financial Officer Constance Sanchez presented information on the following topics: property taxes-preliminary values; and property taxes. Council Members, City Manager Peter Zanoni, and CFO Sanchez discussed the following topics: a request for the City to provide to the community preliminary values for property taxes; and how the most recent legislative change has affected revenues with regard to property taxes. Assistant Director of Public Works Gabriel Hinojosa presented information on the following topics: fees and rates; storm water fee; and storm water service enhancements. Council Members and Assistant Director Hinojosa discussed the following topics: how curbs and gutters are assessed from last year versus this year; and how to maximize funding and save taxpayer dollars. Assistant City Manager Neiman Young presented information on the following topic: solid waste fee. There were no comments from the Council. Chief Operating Officer Drew Molly presented information on the following topic: water/wastewater rates. There were no comments from the Council. Fire Chief Brandon Wade presented information on the following topic: fire department fees. Council Members and Fire Chief Wade discussed the following topics: the Lift Assist fee will be $500 that will be billed to the requesting facility; whether the fire service fee for out of county residents has been adjusted; and a request for staff to provide collectability data. Chief Financial Officer Constance Sanchez presented information on the following topic: animal care services proposed fee increase. Council Members and CFO Sanchez discussed the following topics: a concern about the proposed fee increase for adopting a domestic dog or cat; what other entities charge for adoption; and an owner can be cited for dumping an animal. D. Adjournment Mayor Guajardo recessed this meeting at 5:19 p.m. See continuation of meeting on the May 21, 2024 City Council Minutes, Item 30. City of Corpus Christi Page 4 Printed on 612412024 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of June 25, 2024 1852 Second Reading for the City Council Meeting of July 9, 2024 DATE: June 25, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health Fauziaka-cctexas.com 361-826-7202 Acceptance and appropriation of contract #TCEQ-582-24-01390 for PM 2.5 Air Quality monitoring and expanding the existing partnership with Texas A&M University - Corpus Christi to include PM 2.5 monitoring. CAPTION: Ordinance accepting $139,501 for an Air Quality Planning Grant from the Texas Commission on Environmental Quality to provide air quality planning activities through December 31 , 2025. SUMMARY: The Texas Commission on Environmental Quality (TCEQ) selected the City of Corpus Christi as recipient of funding to monitor Air Quality in Texas through the Rider 7 State and Local Air Quality Planning Program. TCEQ has expanded the existing Rider 7 program to include the monitoring of Particulate Matter less than 2.5 micrometers in diameter (PM 2.5). TCEQ allocated $139,501 to conduct the PM 2.5 air quality monitoring in the local airshed from the date of the last signature on the contract through December 31, 2025. The City operated Corpus Christi Nueces County Health District will work with the Department of Physical and Environmental Sciences at the Texas A&M University - Corpus Christi (TAMU- CC) as subcontractor for the completion of the grant deliverables. PM 2.5 data is gathered, reviewed, analyzed, and reported to the Public Health District by TAMU-CC monthly as per our existing scope of work. BACKGROUND AND FINDINGS: The Rider 7 program began in 1995 to support local efforts to improve air quality and attain Federal Ozone National Ambient Air Quality Standards. The goal of the Rider 7 program is to ensure airsheds in Texas do not enter "nonattainment' status. Nonattainment occurs when an airshed does not meet the national primary or secondary ambient air quality standards as established by the National Ambient Air Quality Standards. Entering nonattainment can have significant regulatory and fiscal consequences for businesses within the airshed. Corpus Christi has maintained attainment status since 2004. The current National Ambient Air Quality Standard (NAAQS) is set by the EPA for PM 2.5 at 9.0 micrograms per cubic meter averaged over 3 years. The local airshed 3 years rolling for PM 2.5 is an average of 8.7 micrograms per cubic meter. Historically the City of Corpus Christi received funds for Ozone monitoring and this contract is for funding of PM 2.5 monitoring. Rider 7 funds are limited to inventorying emissions, monitoring of pollution levels, air pollution and data analysis; modeling pollution levels; and administration of the program. Rider 7 further requires that no more than 10% of the allocation be used for administrative purposes and prohibits the expenditure of the following: marketing and outreach activities, bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs. The PM 2.5 contract amendment will add the following tasks to the existing Scope of Work: A. Field Work: a. Inventorying of PM 2.5 Emissions b. Monitoring of PM 2.5 pollution levels B. Data & Reporting: a. Data analysis of PM 2.5 emissions and pollution levels b. Modeling pollution levels c. Monthly report to City of Corpus Christi Air Quality program. d. Quarterly Progress Reports to TCEQ e. Final Report to TCEQ Expansion of the Air Quality Monitoring (Rider 7) program to include PM 2.5 monitoring will further expand the TAMU-CC partnership who will monitor pollution levels, develop a new PM 2.5 monitoring site, assist with the tuition of a graduate student, and provide detailed analysis reports. ALTERNATIVES: The City declines to participate in the Rider 7 PM 2.5 monitoring program. Thereby losing funding associated with air quality monitoring. FISCAL IMPACT: No match is required for this contract. FUNDING DETAIL: Fund: 1066 Health Grants Organization/Activity: 832002S Department#: 15 Project # (CIP Only): N/A Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. TCEQ 582-24-01390 COF Ordinance Statement of Work Presentation Ordinance accepting $139,501 for an Air Quality Planning Grant from the Texas Commission on Environmental Quality to provide air quality planning activities through December 31, 2025. WHEREAS, the Texas Commission on Environmental Quality has awarded $139,501 for Contract No. 582-24-01390 to provide air quality planning activities through December 31, 2025. 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 the Air Quality Planning Grant Contract Number 582-24-01390, in the amount of $139,501 from the Texas Commission on Environmental Quality for air quality planning activities. SECTION 2. The City Manager or designee is authorized to execute any future amendments to the Contract that extend the contract period or increase or decrease the amount of the grant. SECTION 3. Funds in the amount of $139,501 are appropriated in the No. 1066 Health Grant Fund to provide air quality planning activities through December 31, 2025. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 Texas Commission on Environmental Quality CONTRACT SIGNATURE PAGE Contract Name: Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number: 582-24-01390 Performing Party: City of Corpus Christi Performing Party Identification Number: 17460005741 Maximum Authorized Reimbursement: $139,501.00 Effective Date: ❑ 09/01/2024 ® Date of last signature Expiration Date: ® 12/31/2025 ❑ Last day of Fiscal Year in which the Contract was signed ❑ If checked, this Contract requires matching funds. Match Requirement: ❑ If checked, this Contract is funded with federal funds. CFDA Number: Federal Grant Number: This Contract is entered under: ❑ Gov't Code ch. 771 (Interagency) ❑Gov't Code ch. 791 (Interlocal) ❑Water Code § 5.229 (Intergovernmental) ®Water Code§ 5.124 (Grant) The Texas Commission on Environmental Quality(TCEQ), an agency of the State of Texas, and the named Performing Party,a state agency or local government of the State of Texas,enter this agreement(Contract)to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The Parties agree as follows: (a)to be effective,the Contract must be signed by an authorized official of the TCEQ and the Performing Party; (b)this Contract consists of all documents specified in the list of Contract Documents following this page; and(c) as authorized by TCEQ, Performing Party will conduct Contract Activities as part of its own authorized governmental functions and TCEQ will reimburse Allowable Costs subject to the Texas Grant Management Standards (TxGMS) and this Contract. Texas Commission on City of Corpus Christi Environmental Quality (Performing Party) Authorized Signature Authorized Signature PAPPA4. t€f Richard C. Chism Sony Peronel Printed Name Printed Name Director Office of Air Deputy Pi+e.ter- T-CF( A4 r,,,.,t;r.., iA4s;,, Interim Assistant City Manager Title Title Date Date Procurements&Contracts Representative Demetria Avery, CTCM, CTCD Printed Name Date 1of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 CONTRACT DOCUMENTS LIST This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page and marked by an "X." Documents on this list include all amendments. In the event of a conflict of terms, the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All Contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules and regulations. ® Contract Signature Page ® Contract Documents List (this page) ® Special Terms and Conditions ® Scope of Work ® General Terms and Conditions ® Cost Budget ® Notices, Project Representatives and Records Locations ® Attachment A - Financial Status Report ® Attachment B - Release of Claims M Attachment C - Budget Revision Request Form M Attachment D - Level of Effort Certification M Attachment E - Personnel Eligibility List 2of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-2"1390 SPECIAL TERMS AND CONDITIONS These Special Terms and Conditions add to, or in the case of conflicts, supersede and take precedence, as set forth in the Contract Documents List. 1. The following is added to Article 4, REIMBURSEMENT, in the General Terms and Conditions: 4.9 Financial Status Report. The Performing Party will submit a quarterly report on the Financial Status Report (FSR, Attachment A), documenting the allowable expenditures, and administrative costs incurred in the previous quarter for performing the Scope of Work and the remaining balance of funds. The Performing Party's FSRs shall be complete and conform to all reimbursement or invoice requirements specified by TCEQ. The Performing Party must include documentation with the FSR demonstrating expenses incurred. All administrative costs are capped by Rider 7 in the TCEQ FY24-25 appropriation (HB 1, 88th Legislature) at 10%, and this limit must be demonstrated on each FSR. 2. The following are added to Article 16. UNIFORM ASSURANCES, in the General Terms and Conditions: 16.1.13 The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under the agreement. 16.1.14 Information, documentation, and other material in connection with this grant may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with Section 2252.907 of the Texas Government Code, Performing Party is required to make any information created or exchanged with the State pursuant to the contract or grant, 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. 3. ADMINISTRATIVE COSTS 3.1 In accordance with Rider 7 in the TCEQ FY24-2 5 appropriation(HB 1, 881 Legislature), no more than 10 percent of the allocation may be used for administrative purposes. 3.2 Administrative Costs are costs incurred by the Performing Party that can be identified separately and assigned to a specific project, used in order to properly administer and manage the contract funds. Administrative costs may include, but are not limited to, providing general supervision for grant activities, administering sub-contracts, submitting reports, and preparing and submitting invoices and FSRs. 4. SPECIFIC REQUIREMENTS FOR COSTS. Performing Party will adhere to the amounts listed in the Cost Budget Categories or follow the Budget Revision Request (BRR, Attachment C) procedures. Performing Party will establish and maintain records of costs in accordance with Texas Grant Management Standards (TxGMS) and generally accepted accounting principles and practices and submit, in a format acceptable to TCEQ, an itemized price breakdown together with supporting documentation. All service dates on invoices must match supporting documentation dates. 3 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 5. GRANTEE PERFORMANCE EVALUATION Performance evaluations are a part of the TCEQ review of the Performing Party and may be a factor in the selection of future grants. The TCEQ may provide this information to state agencies and others. The Performing Party consents to the disclosure of any information or opinion in the evaluations. 4 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-2"1390 SCOPE OF WORK 1. Introduction(Purpose) City of Corpus Christi (Performing Party) will conduct air quality planning activities in accordance with Rider 7 of the Texas Commission on Environmental Quality's (TCEQ) Legislative Appropriation from the 88th Legislature. Rider 7 funds are limited to inventorying emissions, monitoring of pollution levels, air pollution and data analysis; modeling pollution levels; and administration of the program. Rider 7 further requires that no more than 10% of the allocation be used for administrative purposes and prohibits the expenditure of the following: marketing and outreach activities, bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs. The grant recipients shall channel the funds to those projects most useful for the State Implementation Plan (SIP). 2. Description of Activities The Performing Party shall use Rider 7 funds in the following performance/subject areas: A. Inventorying Emissions: The Performing Party may expend Rider 7 funding on activities related to inventorying emissions. Emission inventory projects must be approved in advance by the TCEQ and will be limited to those most useful for the State Implementation Plan (SIP). To maintain consistency with the SIP, the Performing Party and its sub-grantees and subcontractors shall use point, area, and mobile source emissions factors and existing program assumptions used by TCEQ when working with emissions inventories (for any purpose) or existing control strategy programs. These assumptions include compliance and/or control effectiveness parameters. B. Monitoring of Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to monitoring of pollution levels. Pollution monitoring projects under this grant should be limited to those most useful for the SIP and must be associated with PM2.5. Grant recipients may use Rider 7 funds to support existing or historically operated ambient air monitoring stations or to establish new ambient air monitoring stations. Other stationary or mobile based monitoring projects are potentially allowed on a case-by-case basis. C. Air Pollution and Data Analysis: The Performing Party may expend Rider 7 funding on activities related to air pollution and data analysis. Air pollution and data analysis projects under this grant should be limited to those most useful for the SIP and must be associated with PM2.5. D. Modeling Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to modeling of pollution levels. Pollution modeling projects under this grant should be limited to those most useful for the SIP and must be associated with PM2.5. 5 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-2"1390 3. Tasks and Deliverables Task 1-Project Management The Performing Party will provide technical and fiscal oversight of the project to ensure all activities and deliverables are acceptable, completed as scheduled and within budget, including ensuring that no more than 10% of costs are spent on administrative expenses. Project management will be documented and provided to the TCEQ Project Manager through a Quarterly Progress Report (QPR) and quarterly Financial Status Reports (FSR). The software standards at are Microsoft Word and Microsoft Excel or a software version to be negotiated at the appropriate time. All electronic copies of documentation shall be supplied in these formats or saved in a format that can be imported in such a way that the document or spreadsheet quality is not distorted. Where conversions from one spreadsheet or one word processing format to another result in changes in the formatting that detract from the presentation quality at minimum or result in significant work in restoring the documents or spreadsheets to presentation quality, the work produced will not be acceptable to TCEQ under this Contract. Subtask 1.1 QPR: The Performing Party will electronically submit QPRs to the TCEQ Project Manager via email. QPRs will document all activities performed, the status of each relevant deliverable, and the costs incurred that quarter. The Performing Party will submit QPRs by the 30th of December, March,June, and September, aligning with the state fiscal quarters. The Final Report deliverable will serve as the final QPR. Subtask 1.2 FSR: The Performing Party will submit FSRs (Attachment A) to the TCEQ Contract Manager in accordance with the Special Terms and Conditions. Subtask 1.3 Contract Communication: The Performing Party's Project Manager, or a knowledgeable designee, must be available for questions from the TCEQ Project Manager at all reasonable times during the performance of work under this Contract, and for at least one month after the Contract has been completed. The Performing Party will maintain regular telephone and/or email communication with the TCEQ Project Manager regarding the status and progress of the project and on any matters that require attention between QPRs. Matters that must be communicated to the TCEQ Project Manager include, but are not limited to: o Notification a minimum of 30 days before the Performing Party has scheduled public meetings or events, or other major Task activities or developments. o Notification within 15 days regarding events or circumstances that may require changes to the Budget, Statement of Work, or Schedule of Deliverables. The Performing Party may need to participate in meetings between the TCEQ, U.S. EPA Region 6, and possibly interested stakeholders either in person or via telephone, internet conference, etc. 6 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Task 2 - Statement of Work The Performing Party must submit and obtain approval of a Statement of Work detailing the use of Rider 7 funds for inventorying emissions and/or monitoring pollution levels before expending the funds. Subtask 2.1 Statement of Work The Statement of Work must contain the following pieces of information and any others deemed necessary by TCEQ to address the intent of the Contract (e.g., figures, tables, work products, processes, deliverables, etc.) Each of the sections must be named or titled using the following headings: 1. CONTRACT NUMBER, PERFORMING PARTY NAME, AND CONTRACT NAME. 2. PERFORMING PARTY'S PROJECT MANAGER(S): The name(s) and contact information of the project manager(s) to be assigned to the activities under the Contract and the names and contact information of alternate personnel in the event the project manager is unavailable to perform assigned tasks. 3. PERSONNEL ELIGIBILITY LIST: A completed Attachment E: Personnel Eligibility List (PEL). 4. SUBCONTRACTORS or SUBGRANTEES TO BE USED UNDER THIS CONTRACT. 5. QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES. See detail under Subtask 2.2, below. The Statement of Work shall address which technical activities will require a Quality Assurance Project Plan(QAPP). The Performing Party may not commence technical activities until the QAPP is developed and accepted by the TCEQ. 6. TIMELINE: The schedule for the project described by the Contract's Schedule of Deliverables. If there is a conflict with the timeline included in the Contract, the Performing Party must bring this to the attention of TCEQ Project Manager. Please include a PROJECT MILESTONES &WORK (ACTIVITIES) BREAKDOWN STRUCTURE. 7. BUDGET: Complete the Cost Budget form for the Contract. The budget submitted must be sufficiently detailed to allow TCEQ to easily determine the hours, prices, and personnel, by classification, related to each task and deliverable, and must also include a total for the proposed Statement of Work. 8. TECHNICAL APPROACH/METHOD: The technical approach/method for the Statement of Work must contain detailed descriptions of the tasks and deliverables and the dates that deliverables must be provided to the TCEQ by Performing Party. 9. MODELS AND SOFTWARE TO BE USED BY PERFORMING PARTY: Models, software, and any other tools in addition to those already specified in the Contract to be used to complete the project described in the Contract, as well as the documentation procedures where applicable. If a substitute model is proposed, Performing Party must clearly identify that it is being proposed as a substitute and explain why. If it is not specifically approved by TCEQ as a substitute, Performing Party must use the models and software specified in the Contract. 7 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 10. MISCELLANEOUS INFORMATION OR ELEMENTS. If the Performing Party is aware of any additional requirements which will apply to the work being performed, the Performing Party must include them in its Statement of Work. 11. SIGNATURE BY PERFORMING PARTY: The Performing Party must have the Statement of Work signed and dated by a person with the authority to bind the Performing Party to the performance of the Statement of Work (please include the title and printed name of the person signing the Statement of Work). The TCEQ Project Manager will review the Performing Party's Statement of Work and either make comments and suggest changes or approve the Statement of Work as prepared by the Performing Party. Upon TCEQ's approval, the Performing Party's Statement of Work is incorporated into the Contract. If the Performing Party becomes aware of any additional applicable requirements after TCEQ has approved the Statement of Work, the Performing Party shall notify TCEQ and submit a revised Statement of Work. Subtask 2.2 Quality Assurance/Quality Control (QA/QC) Procedures The Performing Party must draft and follow a QAPP. A QAPP addresses the quality assurance process the Performing Party will undertake to ensure the adherence of data or other products to established criteria. The Performing Party is responsible for the content and quality of the QAPPs and their implementation. The QAPPs shall address the technical activities detailed in the Statement of Work following the EPA's Guidance for Quality Assurance Project Plans, EPA QA/G-5. All funded activities shall adhere to the EPA's Guidance for Quality Assurance Project Plans, EPA QA/G-5, and include full documentation of the methods and procedures used. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ-approved QAPP. Environmental data includes any measurements or information that describe environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be performed prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non-reimbursement of expenses related to the associated activities. A QAPP for this project must include a formal QA/QC program that will ensure Contract activities and deliverables are of known and acceptable quality. The QA/QC requirements must be consistent with the TCEQ Quality Management Plan. Task 3 - Inventorying emissions, monitoring of pollution levels, air pollution and data analysis, modeling pollution levels, and administration of the program Subtask 3.1 Inventorying Emissions: The Performing Party may expend Rider 7 funding on activities related to inventorying emissions and emission inventory (EI) development defined as: 8 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 1. Updates to applicable source classification code specific activity and population data; 2. Updates to applicable source classification code specific profiles; 3. Updates to EI data element (emissions factors, projection factors, and control efficiencies); 4. The development of updated EIs using the EPA's approved methodologies and modeling applications; and 5. Refinements to the speciation, spatial allocation, and temporal allocation of emissions for SIP modeling. EI projects shall be limited to those most useful for the SIP and associated with PM2.5 under this grant. To maintain consistency with the SIP, the Performing Party and its sub-grantees and subcontractors shall use point, area, and mobile source emissions factors and existing program assumptions used by TCEQ when working with EIs (for any purpose) or existing control strategy programs. These assumptions include compliance and/or control effectiveness parameters. To facilitate use by TCEQ, all non-point EI data developed through these activities should be in CERS XML format or other formats compatible with applicable TCEQ databases. Additionally, EI development shall adhere to the principles and practices of the following: a. Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations b. Air Emissions Inventory Improvement Program(EIIP) All inventory activities must conclude on or before October 31, 2025. Subtask 3.2 Monitoring of Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to monitoring of pollution levels. Pollution monitoring projects under this grant should be limited to those most useful for the SIP and must be associated with PM2.5. Grant recipients may use Rider 7 funds to support existing or historically operated ambient air monitoring stations or to establish new ambient air monitoring stations. Other stationary or mobile based monitoring projects are potentially allowed on a case-by-case basis. Regarding site access and data hosting: 1. Projects proposing monitoring equipment to be collocated with a TCEQ stationary monitoring site will be subject to approval and may be prohibited based on limitations in existing site agreements with property owners. 2. Projects that include the collection of air quality monitoring data must consider data management as a key component of the project. Reliance upon TCEQ data systems to host or display data collected under a Rider 7 project should not be assumed. All monitoring activities must conclude on or before November 30, 2025. Subtask 3.3 Air Pollution and Data Analysis: The Performing Party may expend Rider 7 funding on activities related to air pollution and data analysis. Air pollution and data analysis projects should be limited to those most useful for the SIP and must be associated with PM2.5 under this grant. 9 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 All air pollution and data analysis activities must conclude on or before October 31, 2025. Subtask 3.4 Modeling Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to modeling pollution levels. Modeling projects should be limited to those most useful for the SIP and must be associated with PM2.5 under this grant. All modeling pollution levels activities must conclude on or before October 31, 2025. Task 4 - Draft and Final Reports The Performing Party shall analyze the results of all projects and work funded under Task 3. The Performing Party shall submit a report to TCEQ that documents the data and findings from all projects and work funded under Task 3. Subtask 4.1 Draft Report: The Performing Party must provide the Draft Report required under in any one or combination of the following: ® as a loose-bound original suitable for copying, with the following number of additional copies: One (1) ❑ on Compact Disc, including all other electronic deliverables ® in an FTP file, including all other electronic deliverables unless another format is specified below, and/or ® other: An electronic format delivered via email in Microsoft Word and/or PDF. The Draft Report shall provide a comprehensive overview of activities undertaken and any data collected and analyzed. The Draft Report must highlight major activities and key findings, provide pertinent analysis, and detail relevant statistics including data, parameter, or model completeness, accuracy and precision. The Draft Report shall include the following components: 1. an executive summary or abstract; 2. a detailed description of all projects funded under Task 3; 3. a detailed discussion of the Performing Party's analyses and findings under Task 4. 4. a discussion of the pertinent accomplishments, shortfalls, and limitations of the activities completed under Task 3; and 5. all data and analyses from projects funded under Task 3 and the Performing Party's evaluation of those results under Task 4. Subtask 4.2 Final Report: The Performing Party will consider all comments received from TCEQ on the Draft Report and prepare a Final Report. The Final Report will be provided in the same format(s) as the Draft Report. 4. Summary Schedule of Deliverables 10 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Deliverable Deliverable Due Date Project Management (Task 1) Deliverable 1.1: QPRs 1.1 Quarterly by the 30th of December,March,June, & September. Deliverable 1.2: FSRs 1.2 Quarterly by the 30th of December,March,June, & September. Deliverable 1.3: Contract Communication 1.3 As needed Statement of Work&QAPP (Task 2) 2.1 Within thirty(30) calendar Deliverable 2.1: Statement of Work days after this Contract is executed by TCEQ. Deliverable 2.2: QAPP 2.2 Within thirty(30)calendar days after Task 2.1 is approved by TCEQ. Inventorying emissions, monitoring of pollution levels, air pollution and data analysis, modeling pollution levels, and administration of the program(Task 3) 3.1 October 31, 2025 Deliverable 3.1: Inventorying Emissions 3.2 November 30, 2025 Deliverable 3.2: Monitoring of Pollution Levels 3.3 October 31, 2025 Deliverable 3.3:Air Pollution and Data Analysis 3.4 October 31, 2025 Deliverable 3.4: Modeling of Pollution Levels Draft and Final Report (Task 4) Deliverable 4.1: Draft Report 4.1: December 1, 2025 Deliverable 4.2: Final Report 4.2: December 31, 2025 11 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 GENERAL TERMS AND CONDITIONS Revised September 7, 2023 1. CONTRACT PERIOD I.I. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page.If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Amendments.This Contract is not subject to competitive selection requirements and may be amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a written amendment that is signed by both parties. 1.2.1. Material Changes. Material changes to the Contract require a written amendment signed by both parties. These amendments take effect when signed by the Performing Party and TCEQ,unless otherwise designated in the amendment. Material changes include the following: 1.2.1.1. Changes in the total amount of funds in the Budget or the Contract; 1.2.1.2. Changes to the Contract's Expiration Date; 1.2.1.3. Changes to the Scope of Work that affect TCEQ's obligations to the entity providing funding, such as the United States Environmental Protection Agency(EPA), another state or federal agency, or the Texas Legislature; and 1.2.1.4. Changes that affect the material obligations of the Performing Party in this Contract. 1.2.2. Unilateral Amendments. As specifically allowed by the Contract,TCEQ may issue unilateral amendments.Unilateral amendments take effect when issued by TCEQ. 1.2.3. Minor Changes.The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority, without a written amendment, to correct typographical errors; make written Contract interpretations; and make minor, non-material changes to the requirements in the Scope of Work, the Procedures for Work Orders, or the Work Orders (including Proposals for Grant Activities); or as agreed to elsewhere in the Contract.Performing Party must provide TCEQ with a written objection to any Minor Change no later than five(5)business days from the effective date of the Minor Change.A copy of the agreed change shall be retained in the appropriate file by both the Performing Party and TCEQ. 1.2.3.1. Minor,non-material changes include: 1.2.3.1.1. Changes to the schedule in the Scope of Work including an extension of a deliverable due date,not to exceed the expiration date of the Contract; 1.2.3.1.2. Changes to the schedule in the Work Order including an extension of a deliverable due date,not to exceed the expiration date of the Work Order; 1.2.3.1.3. Changes to the individual tasks/activities in the Scope of Work or Work Order,if applicable,that do not substantially change the obligations of the Parties relative to those tasks/activities; 12 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 1.2.4. It is the Performing Party's responsibility to request extensions to the deliverable schedule and other changes that are within the authority of TCEQ. 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement, as amended. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is not obligated to extend deadlines to match the maximum period of the funding. 2.4 Grants.If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 2.6 Abortion Funding Limitation. Performing Party represents and warrants that payments made by TCEQ to Performing Party and Performing Party's receipt of appropriated funds under the Contract are not prohibited by Article IX, Section 6 of the General Appropriations Act,nor by Texas Government Code Chapter 2273 Prohibited Transactions. 2.7 Excluded Parties. Performing Party represents and warrants that it is not listed in the prohibited vendors lists 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 the Treasury, Office of Foreign Assets Control. Performing Party will notify TCEQ if it can no longer make this representation. 2.8 COVID-19 Vaccine Passport Prohibition. Under § 161.0085 of the Texas Health and Safety Code, Performing Party certifies that it is not ineligible to receive the Contract and will maintain this certification throughout the term of the Contract. 3. ALLOWABLE COSTS 3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. 3.2 TxGMS. Allowable Costs are restricted to costs that comply with the Texas Grant Management Standards (TxGMS) and applicable state and federal rules and law. The parties agree that all the requirements of TxGMS apply to this Contract, 13 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 including the criteria for Allowable Costs.Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs incurred in performing the Scope of Work. Performing Party's invoice shall conform to all reimbursement requirements specified by TCEQ. 4.2. Personnel Eligibility List(PEL). If TCEQ will be reimbursing salary or wages, Performing Party must submit a completed Personnel Eligibility List (PEL) prior to starting activities under this Contract and an updated PEL with any invoice following changes to the information provided in the most recent PEL. If a Contract amendment is necessary due to changes reflected on the PEL,Performing Party must immediately submit an updated PEL with a request to amend the Contract. 4.3. Level-of-Effort Reporting. Performing Party must submit records to support reimbursement requests for exempt employee salaries,where costs are determined based on percentage of the employee's time performing activities. These records must meet the Standards for Documentation of Personnel Expenses in TxGMS or 2 CFR§ 200.430, as applicable based on whether state or federal money is used by TCEQ to fund the grant activities. If TCEQ determines that the records do not comply with the requirements of TxGMS or 2 CFR § 200.430, the Performing Party will work with TCEQ to bring the level of certification into compliance. TCEQ may require the Performing Party to complete the attached Level-of Effort Certification form. The LEC form must be completed and submitted with each invoice, unless otherwise approved by TCEQ in writing. 4.4. Timesheets.The performing Party must retain records of timesheets supporting reimbursement requests for nonexempt employees,which are maintained as part of Performing Party's timekeeping system. Timesheets are not required to be submitted with each request for reimbursement;however, the Performing Party must make timesheets available upon request by TCEQ, as necessary for TCEQ to perform its monitoring requirements and audit purposes. 4.5. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.6. No Interest for Delayed Payment. Since the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable for any late payments. 4.7. Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 4.8. State Agencies/Institutions of Higher Education. If the Performing Party is a state agency or institution of higher education, payments must be made via interagency transaction voucher (ITV); please provide a Recurring Transaction Index (RTI)number on the face of the invoice. For payments that are to be deposited into a local bank account, the following statement must be placed on the face of the invoice: "Funds to be deposited into local bank account." For 14 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 additional information,please refer to the Texas Comptroller's Accounting Policy Statement (APS) 014. S. FINANCIAL RECORDS,ACCESS,AND AUDITS 5.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor during any audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this contract shall be retained for a period of three (3)years after date of submission of the final reimbursement request. 6. PERFORMING PARTY'S RESPONSIBILITIES 6.1 Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is performed at Performing Party's sole risk as to the means, methods, design, processes, procedures, and performance. 6.2 Identification and Flow Down Requirements. Any subaward from this Contract by the Performing Party to a subgrantee must be clearly identified as a subaward. The Performing Party must flow down applicable Contract requirements to subgrantees and subcontractors. 6.3 Independent Contractor. The parties agree that the Performing Party is an independent contractor. Nothing in this Contract shall create an employee- employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. 6.4 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers, and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 6.5 No Third Party Beneficiary. TCEQ does not exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors, suppliers, or other persons or organizations with a contractual relationship with the Performing Party. 6.6 Security Requirements. If Performing Party accesses, transmits,uses, or stores TCEQ data: 1) Performing Party shall meet the security controls specified by TCEQ; and 2) Performing Party must annually provide TCEQ documentation demonstrating that it meets the specified TCEQ security requirements. 15 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 6.7 Cybersecurity Training. Performing Party shall ensure that any Performing Party representative(employee, officer, or subcontractor personnel)who has Access to a TCEQ Computer System or Database completes a cybersecurity training program certified by the Texas Department of Information Resources (DIR)under § 2054.519 of the Texas Government Code,when the Contract is executed and annually as applicable. 6.7.1 "Access to TCEQ Computer System or Database" means having a TCEQ network user account or the authorization to maintain, modify, or allow access control to any TCEQ web page, TCEQ computer system, or TCEQ database. 6.7.2 Within seven(7) days after the execution of the Contract, the Performing shall provide a list of persons requiring training to the TCEQ Contract Manager, and thereafter provide an updated list by the first workday of any additional person who becomes subject to the cybersecurity training requirements. For applicable umbrella contracts,Performing Party shall provide a list of any persons requiring training within seven(7) days of issuance of Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database. 6.7.3 If a Performing Party representative has previously completed a DIR-certified cybersecurity training during a State of Texas fiscal year in which the Contract is effective, Performing Party shall provide evidence that the Performing Party representative completed the required training to the TCEQ Contract Manager within seven(7) days after the execution of the Contract or as applicable, the issuance of a Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database. 6.7.4 For Contracts that have contract periods that exceed a year (extend beyond August 31 of the year in which they are entered), all persons performing Work under the Contract shall take cybersecurity training renewal each fiscal year after the year in which the contract becomes effective.By August lsteach year, the Performing Party must provide to the TCEQ Contract Manager either: (1) a list of persons that must complete cybersecurity training during the upcoming State of Texas Fiscal Year; or (2) provide evidence that the Performing Party representative completed the required training. Performing Party shall retain in their records, and upon request, provide the TCEQ Contract Manager evidence that the training was successfully completed. 6.7.5 TCEQ will provide access to the cybersecurity training program. Performing Party is responsible for all other costs associated with their representatives completing the training, including time spent completing the training. 6.7.6 Performing Party shall notify the TCEQ Contract Manager within two (2) business days when a person with Access to a TCEQ Computer System or Database no longer needs Access to such Computer System or Database. 6.7.7 TCEQ may terminate the Contract for Cause if Performing Party fails to adhere to any of the above terms,including completing the required certified cybersecurity training or notifying the TCEQ Contract Manager when access is no longer needed. 6.7.8 TCEQ may terminate the Contract for Cause if a Performing Party representative misuses a TCEQ Computer System or Database, including allowing multiple individuals to utilize a single individual's TCEQ network user account. 6.8 Prohibited Technologies. Performing Party certifies that Prohibited Technologies will not be used on any of Performing Party's or its employees', contractors', and 16 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 subcontractors' devices including personally-owned devices, if those devices are used to access state-owned data or information systems. These devices include cell phones, tablets, desktop and laptop computers, and other internet-capable devices. "Prohibited Technologies"refers to software, applications, technologies, hardware, and equipment, and any of the aforementioned items made by the developers or manufacturers on the Prohibited Technologies list located on the Texas Department of Information Resources'web site at: https://dir.texas.gov/information-security/prohibited-technologies.In addition to the DIR list, TCEQ in its sole discretion may designate additional prohibited technologies. 7. TIME AND FORCE MAJEURE 7.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. 7.2 Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Contract for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of TCEQ). 7.3 Force Majeure. Force majeure is defined as acts of God,war, fires, explosions, hurricanes, floods, or other causes that are beyond the reasonable control of either party, could not reasonably be foreseen, and by the exercise of all reasonable due diligence, is unable to be overcome by either party. Neither party shall be liable to the other for any failure or delay of performance of any requirement included in the contract caused by force majeure.Upon timely notice by the non-performing party, the time for performance shall be extended for a reasonable period after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. The non-performing party must provide evidence of any failure resulting in impossibility to perform. 8. CONFLICT OF INTEREST 8.1 Performing Party shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically, for work performed under this Contract by Performing Party or any related entity or individual, Performing Party shall promptly disclose in writing to TCEQ any actual, apparent, or potential conflicts of interest, including but not limited to disclosure of: a. Any consulting fees or other compensation paid to employees, officers, agents of Performing Party, or members of their immediate families, or paid by subcontractor or subrecipients; or b. Any organizational conflicts of interest between Performing Party and its subcontractors or subrecipients under a subaward. 8.2 No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work,without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination of this Contract. 9. DATA AND QUALITY 9.1 Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials 17 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 9.2 Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ- approved Quality Assurance Project Plan(QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes,location, or conditions, and ecological or health effects and consequences. Environmental data includes information collected directly from measurements,produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and,if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and,if necessary, the EPA. Also,without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non- reimbursement of expenses related to the associated activities. 9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code § 25.6. 10.INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise-wide license to reproduce,publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive,perpetual, irrevocable, enterprise-wide license to reproduce, publish,modify, or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Contract, and associated user documentation. 11.INSURANCE AND INDEMNIFICATION 11.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. Before any Performing Party contractor performs any work at a TCEQ facility, Performing Party shall provide TCEQ a Certificate of Insurance for the Contractor's Workers Compensation and Employer's Liability Insurance. 18 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS,AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN,WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS, OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12.TERMINATION 12.1 Termination for Cause. TCEQ may,upon providing 10 days' written notice and the opportunity to cure to the Performing Party,terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2 Termination for Convenience. TCEQ may,upon providing 10 days'written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed,loss of anticipated profits or revenue, consequential damages, or other economic loss arising out of or resulting from the termination. 12.3 If, after termination for cause by TCEQ,it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of TCEQ. 13.DISPUTES, CLAIMS AND REMEDIES 13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release,in the form of a unilateral amendment, constitutes a release of Performing Party from liability under this Contract. 13.2 Schedule of Remedies available to the TCEQ In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of Performing Party's nonconformance, TCEQ may do one or more of the following: 13.2.1. Issue notice of nonconforming performance; 13.2.2. Reject nonconforming performance and request corrections without charge to the TCEQ; 13.2.3. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 13.2.4. Suspend all or part of the Contract Activities or payments, or both,pending accepted revision of the nonconformity; 19 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance,if possible under the circumstances. 13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. 15. SURVIVAL OF OBLIGATIONS Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four (4)years beyond the termination or completion of the Contract, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 16.UNIFORM ASSURANCES 16.1 Uniform Assurances. Performing Party assures compliance with the following uniform assurances from TxGMS, as applicable to this Contract. Other assurances from TxGMS may be included elsewhere in this Contract. 16.1.1 Performing Party represents and warrants its compliance with Texas Government Code Section 2054.5191 relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 16.1.2 Performing Party 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. 16.1.3 Performing Party agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 16.1.4 Performing Party represents and warrants that it will comply with Texas Government Code Section 2252.906 relating to disclosure protections for certain charitable organizations, charitable trusts,and private foundations. 16.1.5 In accordance with Texas Government Code Section 669.003, relating to contracting with the executive head of a state agency, Performing Party certifies that it is not (1) the executive head of the TCEQ, (2) a person who at any time during the four years before the date of the Contract was the executive head of the TCEQ, or (3) a person who employs a current or former executive head of the TCEQ affected by this section. 20 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 16.1.6 Performing Party acknowledges and agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: • Parts 2 and 3 of the Texas General Appropriations Act,Art. IX, except there is no requirement for increased salaries for local government employees; • Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and • Sections 2113.012 and 2113.101 of the Texas Government Code. 16.1.7 Performing Party represents and warrants that TCEQ's payments to Performing Party and Performing Party's receipt of appropriated or other funds under the Contract are not prohibited by Texas Government Code Section 556.0055 which restricts lobbying expenditures. 16.1.8 Performing Party represents and warrants that in the administration of the Contract,it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Texas Local Government Code Chapter 176. If circumstances change during the course of the contract or grant, Performing Party shall promptly notify TCEQ. 16.1.9 Performing Party represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. 16.1.10 Performing Party represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. 16.1.11 Performing Party certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code §364.003. If Performing Party is currently being sued under the provisions of Local Government Code §364.003, or is sued under this section at any point during the duration of this grant, Performing Party must immediately disclose the lawsuit and its current posture to the TCEQ. 16.1.12 Performing Party represents and warrants that it will comply with Texas Government Code Section 321.022,which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 17. CONTRACT INTERPRETATION 17.1 Definitions.The word"include" and all forms such as "including" mean "including but not limited to" in the Contract and in documents issued in accordance with the Contract, such as Work Orders or Proposals for Grant Activities (PGAs). 17.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 17.3 Delivery of Notice. Notices are deemed to be delivered three(3) working days after postmarked if sent by U.S. Postal Service certified or registered mail,return receipt requested. Notices delivered by other means are deemed delivered upon 21 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 receipt by the addressee. Routine communications may be made by first class mail, email, or other commercially accepted means. 17.4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 17.5 State,Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 17.6 Severability. If any provision of this Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid,void or unenforceable, it shall be deemed severable (to the extent of such illegality,invalidity, or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 17.7 Assignment. No delegation of the obligations,rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 17.8 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas,because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 17.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to the publication or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 17.10 Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ, no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 17.11 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 17.12 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 17.13 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code §§ 206.50 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. 22 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Cost Budget To be completed by Performing Party and submitted with Schedule of Work Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: Portion that is Budget Cost for Work to be Administrative Category Performed Costs (must be 10% or less of Total) Salary/Wages $0.00 Fringe Benefits $0.00 Travel $0.00 Supplies $0.00 Equipment $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Costs $0.00 Total j $0.00 2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is %of (check one): ❑ salary and fringe benefits ❑ modified total direct costs ❑ other direct costs base If other direct cost base, identify: This rate is less than or equal to (check one): ❑ Predetermined Rate—an audited rate that is not subject to adjustment. ❑ Negotiated Predetermined Rate—an experienced-based predetermined rate agreed to by Performing Party and TCEQ. This rate is not subject to adjustment. ❑ Default Rate—a standard rate of ten percent of salary/wages may be used in lieu of determining the actual indirect costs of the service. 23of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of budget total, identify the main constituents: 4. Travel. In order to be reimbursable, travel costs must be specifically authorized in advance of the travel. Travel costs will be reimbursed only in the amount of actual costs, up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. 5. Budget Categories. The Budget Categories above have the definitions, requirements and limitations stated in TxGMS. Construction costs are not reimbursable without prior, specific written authorization from TCEQ. 6. Budget Control. a. Cumulative transfers equal to or less than 10% of the Total Budget. Performing Party may transfer amounts between the approved direct cost budget categories so long as cumulative transfers from direct cost budget categories during the Contract Period do not exceed ten percent (10%) of the Total Budget amount. Performing Party must timely submit a Budget Revision Request (BRR) Form reflecting the revised budget. Upon approval by TCEQ, the BRR will be incorporated into this Contract as though it is a document revised under General Term and Condition Section 1.2. The 10% limit does not reset with the approval of each BRR. It resets when an amendment is signed by the parties reflecting changes to the budget. b. Cumulative transfers greater than 10%of the Total Budget. TCEQ must pre-approve in writing all budget revisions that result in the cumulative transfer from direct cost budget categories of funds greater than 10% of the Total Budget during the Contract Period. The Performing Party must request to amend the Contract. A contract amendment is required before Performing Party incurs these costs. c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre-approval in writing. 7. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to the individual named in the Notices, Project Representatives and Records Location document at monthly intervals. Final invoices shall be submitted within two (2) calendar months after completing the Scope of Work activities. TCEQ may unilaterally extend this deadline by e-mail. a. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met. 8. Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation such as expenses for the invoice period, year-to-date expenses, projected totals for the year (or applicable contract period), percent of budget spent to date, and percentage of budget projected to be spent. Performing Party shall maintain records subject to the terms of this Contract. 9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate entered above. If no reimbursable rate is shown above, indirect costs are not reimbursable under this Contract. The reimbursable rate must be less than or equal to the rate authorized under TxGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect costs, Performing Party is contributing its unreimbursed 24 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 indirect costs to the successful performance of this Contract, and waives any right it may have to reimbursement of those costs (if this Contract requires matching funds, Performing Party may claim its unreimbursed indirect costs as part or all of its match). Performing Party must fund all unreimbursed indirect costs from other funds. It is the Performing Party's responsibility to ensure that unreimbursed indirect costs are not charged to other projects which do not benefit from them, and that it uses funding sources that may be properly used to fund its unreimbursed costs. 25 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Notices, Project Representatives and Records Location PROJECT TITLE: RIDER 7 PM2.5 LOCAL AIR QUALITY PLANNING GRANT 1. Representatives. The individual(s)named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All communications including official contract notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Information. Either party may change its information in this Notices, Project Representatives and Records Location document by providing notice to the other parry's representative for contractual matters. 3. TCEQ Representatives TCEQ CONTRACT MANAGER TCEQ PROJECT MANAGER (for Contractual Matters) (for Technical Matters) Amy Fountain Macayla Coleman Contract Specialist Project Coordinator Title Title Texas Commission on Environmental Texas Commission on Environmental Quality Quality P.O.Box 13087 P.O. Box 13087 MC-164 MC-206 Austin, Texas 78711-3087 Austin, Texas 78711-3087 Telephone No. (512) 239-1236 Telephone No. (512) 239-4986 Facsimile No. (512) 239-1500 Facsimile No. (512) 239-1500 Email Address: Email Address: Amy.Fountain@tceq.texas.gov Macayla.Coleman@tceq.texas.gov 4. Performing Party Representatives. For Contractual Matters For Technical Matters Vicki Joel Skidmore Finance Grants Manager Air Quality Specialist Title Title Telephone No. (361) 826-3406 Telephone No. (361) 826-1564 Facsimile No. (361) 826-1330 Facsimile No. (361) 826-1330 Email Address: vickyg4cctexas.com Email Address: joels4C@cctexas.com 5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is identified below: ❑ TCEQ Project Manager /❑TCEQ Disbursements Section/® Other: Invoice_AQD@tceq.texas.gov 26 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 6. Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract: City Hall, Accounting Operations Office 1201 Leopard Street Corpus Christi TX 78401 (City/ State ZIP) 27 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Attachment A: Financial Status Report (FSR) 28 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Texas Commission on Environmental Quality FINANCIAL STATUS REPORT STATE AGENCY ORGANIZATION UNIT 1. TO WHICH REPORT IS SUBMITTED: 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION(NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE) 5. TCEQ CONTRACT NUMBER: 6. FINAL REPORT: YES NO 7. ACCOUNTING BASIS: CASH ACCRUAL 8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT: FROM TO FROM TO 10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance** Budget This Report Project Cost a Personnel/Salary b Fringe Benefits Travel d Supplies e Equipment Contractual g Construction h Other iTotal Direct Costs(Sum a-h) j Indirect Costs kTotal(Sum of i&j) List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories. Please attach receipts,as required,in accordance with your contract. *'Negative balances in any of the budget categories should be explained in a brief accompanying narrative. 11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award document. Signature of Authorized Certifying Official Typed or Printed Name and Title Telephone(Area code,number and ext.) Date Submitted 29 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for approval) COST COST TOTAL EQUIPMENT EXPENDITURES(must agree with line 10e on Form 20248) $ CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) FOR COST(THIS PERIOD) TASKS TOTAL CONTRACTUAL EXPENDITURES (must agree with line 1 Of on Form 20248) $ *LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. 30 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE COST(THIS PERIOD) TASKS TOTAL CONSTRUCTION EXPENDITURES(must agree with line 10g on Form 20248) $ *LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. 31 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for approval) COST COST TOTAL SUPPLY EXPENDITURES(must agree with line 10d on Form 20248) $ OTHER EXPENDITURES (during this report period) NUMBER DESCRIPTION UNIT TOTAL TASKS PURCHASED COST COST TOTAL OTHER EXPENDITURES(must agree with line 1 Oh on Form 20248) $ *LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. 32 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS PERSONNEL/SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS PERIOD TOTAL PERSONNEL/SALARY EXPENDITURES(must agree with line 10a on Form 20248) TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST(THIS PERIOD TASKS TOTAL TRAVEL EXPENDITURES (must agree with line 10c on $ Form 20248) *SUBSTANTIATING DOCUMENTATION (time sheets,travel receipts, etc.)MAY BE REQUIRED TO BE ATTACHED TO THIS FORM 33 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Financial Status Report Preparation Instructions 1. The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract,shall submit, a completed, legible TCEQ Financial Status Report(TCEQ Form 20248)and any required TCEQ Supplemental 20248 forms. Unless directed otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents by not later than twenty-one (21)days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters (September-November; December-February, March-May; June-August). Each Financial Status Report shall indicate, for each budget sub-category the PERFORMING PARTY'S project expenditures for the period in question, the cumulative expenditures with respect to each budget sub-category, and the balance remaining in each budget sub-category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the"Equipment"or"Contractual"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with respect to the major tasks or objectives,set forth in the Scope of Work, that such expenditures support or satisfy. In addition,the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-1, legible documentation that(1)serves to further identify the specific piece of equipment received or the services provided, (2)clearly identifies the vendor or subcontractor who provided the equipment or services, and (3)that confirms the reimbursable amount listed on the form. In the case of equipment purchases,the attached documentation shall be either a purchase order marked"received/paid"or a vendor-submitted invoice similarly marked. In the case of subcontractor provided services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due"amount from previous invoices. 3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. In addition,the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-2, legible documentation that(1)serves to further identify the specific cost, (2)clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3)that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked "received/paid"or an invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due" amount from previous invoices. 4. All requests for the reimbursement of expenditures that fall within either the "Supply"or"Other"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks or objectives,set forth in the Scope of Work, that such expenditures support or satisfy. In addition,for any single-listed item or service costing more than $500, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-3, legible documentation that(1)serves to further identify the specific items or services, (2)clearly identifies the vendor or subcontractor who provided the items or services, and (3)that confirms the reimbursable amount listed on the form. Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section,the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 5. All requests for reimbursement of expenditures that fall within either the"Personnel/Salary"or"Travel"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 20248-4 with respect to reported"Personnel/Salary"expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total,overall hours of staff time being directly billed to this Contract. With respect to employee travel, all costs listed on Form 20248-4 must be supported by attached documentation that identifies the name of the travelers, and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel-related costs, includes the following: (1) legible copies of the PERFORMING PARTY-approved travel vouchers,signed by the employees who traveled, and (2)for any travel-related expenses under this contract borne directly by the PERFORMING PARTY(and thus forwhich reimbursement by the PERFORMING PARTY to the traveler was not required)separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. 34 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Attachment B: Release of Claims (Must be returned with last invoice per the General Term and Condition titled Release of Claims) 35 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Conditional Final Waiver and Release of Claims Upon receipt and clearance of payment from the Texas Commission on Environmental Quality (TCEQ) in the sum of $ , which constitutes final payment to [Performing Party's Name] (hereinafter referred to as "Performing Party"), Performing Party and its successors and assigns, release, discharge and relinquish the TCEQ, its officers, agents, and employees from all claims, known or unknown, arising out of or relating to TCEQ Contract Number (Contract). It is expressly agreed and understood that this conditional FINAL waiver and release of all claims is effective, without any further action of any party, only upon clearance of final payment to Performing Party in the above- mentioned amount. Performing Party warrants that it has completed all activities described in the Contract. Executed on this day of , 20 By: (signature) (name) (title) 36 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Attachment C: Budget Revision Request (Must be returned as specified in the Cost Budget) 37of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 BUDGET REVISION REQUEST FORM Purpose:To document recipient organization's proposed budget changes to ensure project deliverables are met and fiscal accountability. Prior TCEQ review and approval is required before incurring specific costs resulting in cumulative transfers of more than 100/6 of the total budget. Instructions:Complete 1.-8. Total the amounts. 1.Recipient Organization(Name&Complete Address Including Zip Code): 2.Grant/Contract Title: 3.Payee Identification No.: 4.TCEQ Contract No.: 5.Total Project/Grant Period: 6.Budget Categories: 7.Approved Budget 8.Change Requested(+or 9.New or Revised Budget a.Personnel/Salaries b.Fringe Benefits c.Travel d.Supplies e.Equipment f. Contractual g. Construction h. Other i.Total Direct Costs(sum a-h) j.Indirect Costs( %x$ [Base: Salary)] k.Total(sum i&j) Justification(Attach additional sheets,if necessary): Budget Revision Request must contain all signatures to be approved/valid*** Signature of Recipient's Representative Date Type or Printed Name and Title Signature of TCEQProject Manager Date Type or Printed Name and Title Signature of TCEQ Contract Manager Date Type or Printed Name and Title 38 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Attachment D: Level-of-Effort Certification (Certification(s) must be returned with each invoice if required per the General Term and Condition titled Level-of-Effort Certification (LEC)) 39 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Level-of-Effort Certification [Month] 20[XX] Employee Name: [Name] Project Actual Activities Performed Activity for Which Employee was Compensated (%of Total Hours Worked) TCEQ Contract Nos. 5 8 2-XX-XXXXX X 582-XX-XXXXX X 582-XX-XXXXX X 582-XX-XXXXX X 582-XX-XXXXX X 582-XX-XXXXX X Other Projects X (Not Related to TCEQ Contracts/Grants) The information listed above is true and correct. TCEQ may request additional information. Employee Name Supervisor Name Employee Signature Supervisor Signature Date Date 40 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Attachment E: Personnel Eligibility List (Must be returned per the General Term and Condition titled Personnel Eligibility List (PEL)) 41 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390 Personnel Eligibility List (PEL) Performing Party: Date: Initial Staff Name or Date Added Date Estimated "Vacant" Position or Title to PEL Removed Time to from PEL Contract (%or hrs)* *Only provided for estimation purposes and may be different from actual hours worked. 42 of 42 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of June 25, 2024 ss52 Second Reading for the City Council Meeting of July 16, 2024 DATE: June 25, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK(o-)-cctexas.com 361-826-7202 Acceptance of the Tuberculosis Prevention and Control Grant for the Corpus Christi — Nueces County Public Health District in the amount of$114,925.00 with a cash match of$22,985.00 and appropriation of the funds for the contract period of September 1, 2024, through August 31, 2025. CAPTION: Ordinance authorizing acceptance and future amendments of a Tuberculosis Prevention and Control Grant for $114,925.00 with a cash match of$22,985.00 from the Department of State Health Services (DSHS); appropriating $137,910.00 to provide funding activities in support of tuberculosis prevention and control services for the period September 1, 2024, through August 31, 2025, authorizing two existing FTE's funded by this grant. SUMMARY: The Texas Department of State Health Services (DSHS) has awarded a grant contract in the amount of$137,910.00 to provide for personnel costs and other expenses to offer services and associated activities to prevent and control tuberculosis in the City of Corpus Christi and Nueces County. The grant covers 100% of the funding for two full-time Public Health Tech I positions. Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of $9,670 for the salary of the TB Program Manager and $13,315 for the TB Public Health Registered Nurse. BACKGROUND AND FINDINGS: The Tuberculosis (TB) Prevention and Control Grant has been annually awarded to the Corpus Christi-Nueces County Public Health District for over a decade. TB prevention and control services include laboratory testing, interferon gamma release assays, cold-box shipping of sputum samples, Accurint database searches, ordering and distribution of medications and supplies for the treatment of TB, therapeutic drug monitoring, drug resistance testing, nursing case management, disease surveillance, and program evaluation support. ALTERNATIVES: Refuse the grant and discontinue offering state-supported services to prevent and control tuberculosis. FISCAL IMPACT: Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% in the amount of$22,985.00. The match is included in the CCNCPHD general fund budget. The total contract value for this grant is $137,910.00. FUNDING DETAIL: Fund: 1066 Health Grants Organization/Activity: 89 Grants & Capital Project Funds / 830525F TB Prevention Combined State and Federal Department Number: 15 Health Project # (CIP Only): N/A Account: N/A Fund: 1020 General Fund Organization/Activity: 12616 TB Clinic — Health Dept Department Number: 44 Health Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. HHS001437400015 Presentation Ordinance authorizing acceptance and future amendments of a Tuberculosis Prevention and Control Grant for $114,925.00 with a cash match of $22,985.00 from the Department of State Health Services (DSHS); appropriating $137,910.00 to provide funding activities in support of tuberculosis prevention and control services for the period September 1, 2024, through August 31, 2025. 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 enter into Contract No. HHS001437400015 under the Tuberculosis ("TB") Prevention and Control Grant with the Department of State Health Services (DSHS) for a grant in the amount of $114,925.00, with a cash match of $22,985.00. SECTION 2. Funds in the amount of $114,925.00 are accepted and appropriated in the Health Grants Fund No. 1066, and funds in the amount of $22,985.00 are appropriated from the General Fund #1020 to be used to provide tuberculosis prevention and control services for the period of September 1 , 2024, through August 31 , 2025. SECTION 3. The City Manager or designee is authorized to execute any future amendments to the Contract that extend the contract period or increase or decrease the amount of the grant. SECTION 4. A copy of the executed health grant contract shall be filed in the office of the City Secretary. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 INTERLOCAL COOPERATION CONTRACT DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No.HHS001437400015 TUBERCULOSIS PREVENTION AND CONTROL COMBINED—STATE AND FEDERAL GRANT PROGRAM THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or "DSHS") and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT ("Local Government"or"Grantee"), each a "Party" and collectively the "Parties," enter into the following contract to provide federal and state funding for Tuberculosis Prevention and Control services (the "Contract") pursuant to the provisions of the"Interlocal Cooperation Act," Chapter 791 of the Texas Government Code. I. PARTIES System A2ency Local Government Department of State Health Services Corpus Christi-Nueces County Public Health Attention: Lauren Miller District 1100 W. 49th Street, MC 1990 Attention: Fauzia Khan Austin, Texas 78756 1702 Horne Road Lauren.miller(2dshs.texas.gov Corpus Christi, Texas 78416 fauziakkcctexas.com II. STATEMENT OF SERVICES TO BE PROVIDED The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in Attachment A—Statement of Work. III. CONTRACT PERIOD AND RENEWAL The Contract is effective on September 1, 2024, or the signature date of the latter of the Parties to sign this Contract, whichever is later, and terminates on August 31, 2025, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The System Agency,at its own discretion,may extend this Contract subject to terms and conditions mutually agreeable to both Parties. The Contract may be renewed for up to four(4)additional one- year periods, with renewal initiated at the sole discretion of System Agency. Continued funding of the Contract in future years is contingent upon the availability of funds and the satisfactory performance of the Local Government during the prior Contract period. Funding may vary and is subject to change each renewal period. Reimbursement will only be made for those allowable expenses that occur within the term of the Contract. IV. AMENDMENT The Parties to this Contract may modify this Contract only through the execution of a written amendment signed by both Parties. DSHS Contract No.HHS001437400015 Page 1 of 10 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES The total Federal amount of this Contract will not exceed $58,018.00. This includes System Agency's Federal share of$48,348.00 and Grantee's required Federal match amount of$9,670.00. The total State amount of this Contract will not exceed$79,892.00. This includes System Agency's State share of$66,577.00 and Grantee's required State match amount of$13,315.00. The total amount of this Contract will not exceed $137,910.00. All expenditures under this Contract will be in accordance with Attachment B, FY25 Budget. Indirect Cost Rate: The Grantee's acknowledged or approved Indirect Cost Rate (ICR) is contained within ATTACHMENT B,FY25 BUDGET and either the ICR Acknowledgement Letter, ICR Acknowledgement Letter—Ten Percent De Minimis,or the ICR Agreement Letter is attached to this Contract and incorporated as ATTACHMENT H,INDIRECT COST RATE LETTER. If an Indirect Cost Rate Letter is required but it is not issued at the time of Contract execution,the Parties agree to amend the Contract to include the Indirect Cost Rate Letter as ATTACHMENT H and revise ATTACHMENT B when the Indirect Cost Rate Letter is issued. If the System Agency, at its sole discretion, approves or acknowledges an updated indirect cost rate,the new rate,together with the revised ICR Acknowledgement Letter,ICR Acknowledgement Letter — Ten Percent De Minimis, or the ICR Agreement Letter, will be included in the revised ATTACHMENT H and amended ATTACHMENT B. VI. ADDITIONAL GRANT INFORMATION GRANTEE'S UNIQUE ENTITY IDENTIFIER IS: XETBTPKCL895 Federal funding under this Contract is a subaward under the following federal award. In accordance with 2 CFR 200.332(A), any of the following information that is not available at the time of Contract execution will be provided via email once available. Federal Award Identification Number (FAIN): NU52PS910188 Assistance Listings Title, Number, and Dollar Amount: Project Grants and Cooperative Agreement for Tuberculosis Control Programs, 93.116, $38,135,656.00 A. Federal Award Date: 04/05/2024 B. Federal Award Period: 1/l/2020— 12/31/2024 C. Name of Federal Awarding Agency: Centers for Disease Control and Prevention D. Federal Award Project Description: Tuberculosis Elimination and Laboratory Cooperative Agreement—Prevention & Control E. Awarding Official Contact Information: Mrs. Shanica Railey F. Total Amount of Federal Funds Awarded to System Agency: $38,135,656.00. G. Amount of Funds Awarded to Grantee: $137,910.00 H. Identification of Whether the Award is for Research and Development: No DSHS Contract No.HHS001437400015 Page 2 of 10 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 VII. LEGAL NOTICES Legal Notices under this Contract shall be deemed delivered when deposited either in the United States mail,postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services 1100 W. 49th Street, MC 1919, M526 Austin, Texas 78756 Attention: General Counsel With a copy to: Health and Human Services Commission Attn: Office of Chief Counsel 4601 W. Guadalupe,Mail Code 1100 Austin, Texas 78751 Local Government Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi, Texas 78416 Attention: Fauzia Khan Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for receiving legal notice by notifying the other Party in writing. VIII. CERTIFICATIONS The undersigned contracting Parties certify that: (1) The services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government; (2) Each Parry executing this Contract on its behalf has full power and authority to enter into this Contract; (3) The proposed arrangements serve the interest of efficient and economical administration of state government; and (4) The services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. The System Agency further certifies that it has statutory authority to contract for the services described in this Contract under Texas Health and Safety Code Chapter 12 or 1001. DSHS Contract No.HHS001437400015 Page 3 of 10 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 IX. INCORPORATION OF ATTACHMENTS The following attached documents are hereby fully incorporated into the Contract: • ATTACHMENT A: STATEMENT OF WORK; • ATTACHMENT B:FY25 BUDGET; • ATTACHMENT C:UNIFORM TERMS AND CONDITIONS—GRANT,VERSION 3.3 (NOVEMBER 2023); • ATTACHMENT D: CONTRACT AFFIRMATIONS,VERSION 2.3(AUGUST 2023); • ATTACHMENT E:DATA USE AGREEMENT—LOCAL CITY AND COUNTY ENTITIES(OCTOBER 23,2019); • ATTACHMENT F:FEDERAL ASSURANCES(NON-CONSTRUCTION PROGRAMS); • ATTACHMENT G:FFATA CERTIFICATION FORM; and • ATTACHMENT H:INDIRECT COST RATE LETTER. SIGNATURE PAGE FOLLOWS. DSHS Contract No.HHS001437400015 Page 4 of 10 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO.HHS001437400015 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT Signature Signature Printed Name Printed Name Title Title Date Date ATTACHMENTS FOLLOW. DSHS Contract No.HHS001437400015 Page 5 of 10 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 ATTACHMENT A STATEMENT OF WORK L Grantee Responsibilities Grantee will: A. Establish parameters in which local health departments (LHDs) receiving state funds will deliver services to maintain an effective infrastructure that promotes consistent public health practices for the health and well-being of Texans. B. Comply with all applicable federal and state statutes and regulations, policies, and guidelines, as revised. C. Comply with the most current version of the DSHS Tuberculosis Work Plan that is currently available online and can be accessed at: hLtps://www.dshs.texas.gov/disease/tb/Trograms.shtm9woLkplan. D. Provide matching funds of no less than 20% of the total budget reflected in the Contract. E. Provide match at the required percentage or DSHS may withhold payments, use administrative offsets, or request a refund from Grantee until such time as the required match ratio is met.No federal or other grant funds can be used as part of meeting the match requirement. F. Ensure no DSHS funds or matching funds are used for: 1. Entertainment, or 2. Sectarian worship, instruction, or proselytization. G. Not lapse more than 1% of the total funded amount on both state and federal funds of the Contract. During the term of this Contract, DSHS reserves the right to decrease funding amounts as a result of the Grantee's budgetary shortfalls and/or due to the Grantee lapsing more than 1% of total funds. H. Maintain and adjust the spending plan throughout the Contract term to avoid lapsing funds. I. Maintain staffing levels to meet required activities of the Contract and to ensure all funds in the personnel category are expended. J. Agree to read the Texas Grant Management Standards (TxGMS), which is currently available online and can be accessed at: hLtps://comptroller.texas.gov/purchasing/grant- managemen , and work with DSHS staff regarding the management of funds received under this Contract. K. Enter all collected TB information into the DSHS-designated state TB information system, DSHS Contract No.HHS001437400015 Page 6 of 10 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 including all data fields on the Report of Verified Case of Tuberculosis (TB340), any laboratory results received locally, and any additional clinical information, according to documented timelines and specifications. Data entered into DSHS data systems will be considered submitted to DSHS. II. Federal Requirements Grantee will use federal funds under this Contract to support any of the following core TB control front-line activities: 1. Directly observed therapy (DOT); 2. Outpatient services (tuberculin skin testing, chest radiography,medical evaluation, treatment); 3. Class B immigrant evaluation and treatment; 4. Contact Investigation, evaluation and treatment; 5. Cohort Review; 6. Surveillance; 7. Reporting; 8. Data analyses; 9. Cluster investigations; 10. Provider education and training; and 11. Patient incentives. Grantee will ensure no federal funds or matching funds are used for: 1. Medication purchases 2. Inpatient clinical care (hospitalization services or clinical services) 3. Entertainment 4. Furniture 5. Equipment 6. Sectarian worship, instruction, or proselytization III.Performance Measures DSHS will monitor the Grantee's performance of the requirements set forth within the Statement of Work(Attachment A)and compliance with the Contract's terms and conditions. If Grantee fails to meet any of the performance measures, Grantee will respond to any finding in a written narrative explaining the barriers and the plan to address those barriers. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the Contract regarding breach. IV.Invoice and Payment A. Grantee will request payments using the State of Texas Purchase Voucher (FormB-13) located at htt2://www.dshs.texas.gov/grants/forms/bl3fonn.doc. The voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services DSHS Contract No.HHS001437400015 Page 7 of 10 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 Claims Processing Unit, MC 1940 1100 West 491h Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL,: invoicesgdshs.texas.gov and CMSinvoiceskdshs.texas.gov B. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. C. Support documents must align with the approved budget in all cost categories. D. Grantee must submit final Financial Status Report (FSR) and final reimbursement or payment request no later than thirty (30) calendar days following the end of the Contract term. V. Programmatic Reporting Requirements Report Name Frequency Period Begin Period End Due Date Annual Progress Report Annually Sept. 1, 2024 August 31, 2025 April 1, 2025 Financial Status Report Biannually Sept. 1, 2024 Feb. 28, 2025 March 31, 2025 FSR FSR Biannually March 1, 2025 August 31, 2025 September 30, 2025 Final Quarter-Match Annually June 1, 2025 August 31, 2025 September 30, 2025 Reimbursement/ Certification Form ("Form B-13A" Cohort Review Periods and Submission Schedule Cohort period cases counted in: Are reviewed and reported by: First quarter(Jan 1 —Mar 31) current year Mar 31 of the following year Second quarter(Apr 1 —Jun 30) current year Jun 30 of the following year Third quarter(Jul 1 — Sep 30) current year Sep 30 of the following year Fourth quarter(Oct 1 —Dec 31) current year Dec 31 of the following year Submission Instructions: Annual Report: Submit program reports to the TB Reporting Mailbox: TB C ontractReportingkdshs.texas.gov Financial Reports (FSRs, B-13s, and B-13A) Department of State Health Services Claims Processing Unit, MC 1940 DSHS Contract No.HHS001437400015 Page 8 of 10 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 1100 West 49th Street P.O. Box 149347 Austin, Texas 78714-9347 Fax: (512) 458-7442 Email: invoices2dshs.texas.gov and CMSinvoicesLdshs.texas.gov (Remainder of Page Intentionally Left Blank) DSHS Contract No.HHS001437400015 Page 9 of 10 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 ATTACHMENT B FY25 BUDGET Budget FY25 Budget Category DSHS Funds Cash Match Category Total Personnel $75,250.00 $22,985.00 $98,235.00 Fringe Benefits $39,675.00 $0.00 $39,675.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Total Direct Costs $114,925.00 $22,985.00 $137,910.00 Indirect Costs $0.00 $0.00 $0.00 Totals: $114,925.00 $22,985.00 $137,910.00 DSHS Contract No.HHS001437400015 Page 10 of 10 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 TEXAS Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.3 Published and Effective — November 2023 Responsible Office: Chief Counsel HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 1 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 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 3.3 Effective November 2023 Page 2 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 TABLE OF CONTENTS ARTICLE I. 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 ................................................................... 8 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......................................................................................... 9 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.................. 10 4.1 ALLOWABLE COSTS............................................................................................ 10 4.2 AUDITS AND FINANCIAL STATEMENTS............................................................... 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS .................................... 1 1 ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS.......... 12 5.1 WARRANTY......................................................................................................... 12 5.2 GENERAL AFFIRMATIONS................................................................................... 12 5.3 FEDERAL ASSURANCES....................................................................................... 12 5.4 FEDERAL CERTIFICATIONS ................................................................................ 12 5.5 STATE ASSURANCES............................................................................................ 12 ARTICLE VI. INTELLECTUAL PROPERTY........................................................................13 6.1 OWNERSHIP OF WORK PRODUCT....................................................................... 13 6.2 GRANTEE'S PRE-EXISTING WORKS................................................................... 13 6.3 THIRD PARTY IP................................................................................................. 14 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 3 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS ............................... 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION.............................................. 14 6.6 SURVIVAL............................................................................................................ 14 6.7 SYSTEM AGENCY DATA...................................................................................... 14 ARTICLE VII. PROPERTY................................................................................................ 15 7.1 USE OF STATE PROPERTY................................................................................... 15 7.2 DAMAGE TO STATE PROPERTY.......................................................................... 15 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....... 15 7.4 EQUIPMENT AND PROPERTY............................................................................... 16 ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY........................ 16 8.1 RECORD MAINTENANCE AND RETENTION......................................................... 16 8.2 AGENCY'S RIGHT TO AUDIT............................................................................... 17 8.3 RESPONSEXOMPLIANCE WITH AUDIT OR INSPECTION FINDINGS ................... 17 8.4 STATE AUDITOR'S RIGHT TO AUDIT.................................................................. 18 8.5 CONFIDENTIALITY.............................................................................................. 18 ARTICLE IX. GRANT REMEDIES,TERMINATION AND PROHIBITED ACTIVITIES.......... 18 9.1 REMEDIES............................................................................................................ 18 9.2 TERMINATION FOR CONVENIENCE .................................................................... 19 9.3 TERMINATION FOR CAUSE ................................................................................. 19 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS.... 19 9.5 INHERENTLY RELIGIOUS ACTIVITIES................................................................ 20 9.6 POLITICAL ACTIVITIES....................................................................................... 20 ARTICLEX. INDEMNITY..................................................................................................20 10.1 GENERAL INDEMNITY......................................................................................... 20 10.2 INTELLECTUAL PROPERTY................................................................................. 21 10.3 ADDITIONAL INDEMNITY PROVISIONS............................................................... 21 ARTICLE XI. GENERAL PROVISIONS...............................................................................21 11.1 AMENDMENTS..................................................................................................... 21 11.2 NO QUANTITY GUARANTEES.............................................................................. 21 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS..........................................................................22 11.5 INSURANCE AND BONDS...................................................................................... 22 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 4 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 11.6 LIMITATION ON AUTHORITY.............................................................................. 23 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS............................................ 23 11.8 SUBCONTRACTORS.............................................................................................. 23 11.9 PERMITTING AND LICENSURE ............................................................................ 23 11.10 INDEPENDENT CONTRACTOR ............................................................................. 24 11.11 GOVERNING LAW AND VENUE ........................................................................... 24 11.12 SEVERABILITY..................................................................................................... 24 11.13 SURVIVABILITY................................................................................................... 24 11.14 FORCE MAJEURE ................................................................................................ 24 11.15 NO IMPLIED WAIVER OF PROVISIONS ............................................................... 25 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 25 11.17 MEDIA RELEASES ............................................................................................... 25 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS ............................................. 25 11.19 SOVEREIGN IMMUNITY....................................................................................... 25 11.20 ENTIRE CONTRACT AND MODIFICATION........................................................... 26 11.21 COUNTERPARTS..................................................................................................26 11.22 PROPER AUTHORITY........................................................................................... 26 11.23 E-VERIFY PROGRAM .......................................................................................... 26 11.24 CIVIL RIGHTS......................................................................................................26 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS ................................. 27 11.26 DISCLOSURE OF LITIGATION.............................................................................. 27 11.27 NO THIRD PARTY BENEFICIARIES ..................................................................... 28 11.28 BINDING EFFECT................................................................................................. 28 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 5 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 ARTICLE L 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 Parry 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. "Pam"means either the System Agency or Grantee, individually. "Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 6 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 "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' website relative to travel reimbursements under this Contract, if any. "Statement of Work"means the description of activities Grantee mustperform to complete the Project, as specified in the Grant Agreement, and as may be amended. "System Agency"means HHSC or DSHS,as applicable. "Work Product"means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed, produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Grant Agreement or through use of any funding provided under this Grant Agreement. "Texas Grant Management Standards" or"TxGMS"means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency. Additionally, except as otherwise provided by applicable law, in the event of a conflict between TxGMS and applicable federal or state law, federal law prevails over state law and state law prevails over TxGMS. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof,""herein," "hereunder," and similar words refer to this Grant Agreement as a whole and not to any particular provision, section, attachment, or schedule of this Grant Agreement unless otherwise specified. C. The term "including"is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Grant Agreement, (i)references to contracts (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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 7 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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." L 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. 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: htt2s://fmx.cl2a.texas.gov/fmx/travel/textravel/ HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 8 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 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. 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 9 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED This Grant Agreement is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability and actual receipt by System Agency of state or federal funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change,revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation, and System Agency will not be required to give prior notice. Additionally, System Agency will not be liable to Grantee for any remaining unpaid funds under this Grant Agreement at time of termination. 3.2 NO DEBT AGAINST THE STATE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBTS AND DELINQUENCIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including,but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support during the entirety of the Grant Agreement term. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion, the System Agency may (i)withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s)is not submitted by the due date(s); or(ii)require Grantee to promptly refund or credit-within thirty (30) calendar days of written notice— to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement. B. "Overpayments" as used in this Section include payments (i)made by the System 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 10 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 criteria for Allowable Costs. Additional federal requirements apply if this Grant Agreement is funded, in whole or in part, with federal funds. B. System Agency will reimburse Grantee for actual,allowable, and allocable costs incurred by Grantee in performing the Project,provided the costs are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Grant Agreement. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from remaining funds available under this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Grant Agreement are subject to applicable cost principles, audit requirements, and administrative requirements including applicable provisions under 2 CFR 200, 48 CFR Part 31, and TxGMS. C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal law or regulation or added by this Grant Agreement ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000)in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal threshold amount includes federal funds passed through by way of state agency awards. 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 11 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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 reportkhhsc.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 htt2s:Hhhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single audit reporte,hhsc.state.tx.us. ARTICLE V. WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS 5.1 WARRANTY Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement; and all deliverables shall be fit for ordinary use,of good quality,and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement,the System Agency may require Grantee, at its sole expense,to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith,require Grantee to accept the return of such work; and, iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 12 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein,is exclusively owned by System Agency.Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a"work made for hire"under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns,the entire right,title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income,royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past,present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. C. Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. D. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license,with the right to 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 13 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 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 parry's written approval for Grantee to use any Third Party IP that may be incorporated in the Work Product. 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI, Intellectual Property. 6.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agency's request, Grantee shall deliver to System Agency all completed, or 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 14 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Grantee's performance of its obligations hereunder. ARTICLE VII. PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited from using State Property for any purpose other than performing Services authorized under the Grant Agreement. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops,portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network(VPN client)), and any other resources of System Agency. C. Grantee shall not remove State Property from the continental United States. In addition, Grantee may not use any computing device to access System Agency's network or e- mail while outside of the continental United States. D. Grantee shall not perform any maintenance services on State Property unless the Grant Agreement expressly authorizes such Services. 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 15 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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. 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 all information required to determine compliance with the terms and conditions of this Grant Agreement and all state and federal rules, regulations, and statutes. Grantee shall ensure these same requirements are included in all subcontracts. 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. Grantee shall ensure these same requirements are included in all subcontracts. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 16 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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. Grantee shall ensure these same requirements are included in all subcontracts. 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. Grantee shall permit the System Agency or any of its duly authorized federal, state, or local authorities unrestricted access to and the right to examine all external contracts and or pricing models or methodologies related to the Grant Agreement. Grantee shall ensure these same requirements are included in all subcontracts. If the Grant Agreement includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds,the Comptroller General of the United States,the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHS's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of oversight, including, but not limited to, reviews, inspections, audits and investigations, 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 and payments related to the Grant Agreement, including those related to a Subcontractor. E. Grantee shall include the System Agency's and any of its duly authorized representatives', as well as duly authorized federal, state, or local authorities, unrestricted 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, inspection or investigation 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 17 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 C. Grantee shall include the requirement to provide to System Agency (and any of its duly authorized federal, state, or local authorities)internal audit reports related to this Grant Agreement in any Subcontract it awards. Upon request by System Agency, Grantee shall enforce this requirement against its Subcontractor. Further, Grantee shall include in any Subcontract it awards a requirement that all Subcontractor Subcontracts must also include these provisions. 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. Grantee shall ensure the authority to audit funds received indirectly by subcontractors through the contract and the requirement to cooperate is included in any subcontract it awards. 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 Article VIII will survive termination or expiration of this Grant Agreement. Further, the obligations of Grantee under this Article VIII will survive termination or expiration of this Grant Agreement. This requirement must be included in all subcontracts awarded by Grantee. ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES 9.1 REMEDIES A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 18 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 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. R Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended. C. No action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as a waiver of any other rights or remedies available to System Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended or after termination. 9.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Grant Agreement, in whole or in part, at any time when,in its sole discretion,the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 9.3 TERMINATION FOR CAUSE A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Grant Agreement, in whole or in part,upon either of the following conditions: i. Material Breach The System Agency may terminate the Grant Agreement, in whole or in part, if the System Agency determines, in its sole discretion, that Grantee has materially breached the Grant Agreement or has failed to adhere to any laws, ordinances, rules,regulations or orders of any public authority having jurisdiction, whether or not such violation prevents or substantially impairs performance of Grantee's duties under the Grant Agreement. Grantee's misrepresentation in any aspect including, but not limited to, of Grantee's Solicitation Application, if any, or Grantee's 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 19 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 9.5 INHERENTLY RELIGIOUS ACTIVITIES Grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may engage in inherently religious activities;however,these activities must be separate in time or location from the grant- funded program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. These requirements apply to all grantees, not just faith-based organizations. 9.6 POLITICAL ACTIVITIES Grant funds cannot be used for the following activities: A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying, advocating for legislation, campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties, and voter registration campaigns. Grantees may use private, or non-System Agency money or contributions for political purposes but may not charge to, or be reimbursed from, System Agency contracts or grants for the costs of such activities. B. Grant-funded employees may not use official authority or influence to achieve any political purpose and grant funds cannot be used for the salary, benefits, or any other compensation of an elected official. C. Grant funds may not be used to employ, in any capacity, a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant funds cannot be used to pay membership dues to an organization that partially or wholly pays the salary of a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 20 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 AGREEMENT. 10.2 INTELLECTUAL PROPERTY GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT,TRADEMARK, COPYRIGHT,TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; i ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER;AND/OR R SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. 10.3 ADDITIONAL INDEMNITY PROVISIONS A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 21 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 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. 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 22 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 11.6 LIMITATION ON AUTHORITY A. Grantee shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Grant Agreement; no other authority,power, or use is granted or implied. Grantee may not incur any debt, obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. B. Grantee may not rely upon implied authority and is not granted authority under the Grant Agreement to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 23 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 11.10 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third-parry service providers shall serve as independent contractors in providing the services under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. The Grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits,unemployment insurance benefits, or employee benefits of any kind. The Grant Agreement shall not create any joint venture, partnership, agency, or employment relationship between Grantee and System Agency. 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 parry could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such parry is unable to overcome. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 24 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 25 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 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 extentpossible. 11.21 COUNTERPARTS This Grant Agreement may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Grant Agreement. 11.22 PROPER AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. 11.23 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the term of the Grant Agreement; and B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America. 11.24 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Grant Agreement. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability,political beliefs, or religion,be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 26 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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/vour-rights/civil-ri ghts-office/civil-ri ghts-posters E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination received relating to its performance under this Grant Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street,Mail CodeW206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512) 438-5885 Email: HHSCivilRightsOfficeghhsc.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 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 27 of 28 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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-parry 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 28 of 28 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 HEALTH AND HUMAN SERVICES Contract Number HHS001437400015 Attachment D CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as "Contractor")regardless of their business form (e.g., individual,partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 1 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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 parry 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.2.3 Effective August 2023 Page 2 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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(SAKI)maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 3 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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.2.3 Effective August 2023 Page 4 of 14 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 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/ Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 5 of 14 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 All reports made to the OIG must be made through one of the following avenues: • 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.2.3 Effective August 2023 Page 6 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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.2.3 Effective August 2023 Page 7 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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.2.3 Effective August 2023 Page 8 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 39. Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children—Prohibited Use of Public Money; Prohibited State Health Plan Reimbursement. Contractor understands, acknowledges, and agrees that,pursuant to Section 161.704 of the Texas Health and Safety Code (eff. Sept. 1, 2023),public money may not directly or indirectly be used, granted,paid, or distributed to any health care provider, medical school, hospital, physician, or any other entity, organization, or individual that provides or facilitates the provision of a procedure or treatment to a child that is prohibited under Section 161.702 of the Texas Health and Safety Code. Contractor also understands, acknowledges, and agrees that,pursuant to Section 161.705 of the Texas Health and Safety Code (eff. Sept. 1, 2023), HHSC may not provide Medicaid reimbursement and the child health plan program established under Chapter 62 may not provide reimbursement to a physician or health care provider for provision of a procedure or treatment to a child that is prohibited under Section 161.702 of the Texas Health and Safety Code. Contractor certifies that it is not ineligible to contract with System Agency under the terms of Chapter 161, Subchapter X, of the Texas Health and Safety Code. 40. 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. 41. 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. 42. COVID-19 Vaccinations Contractor understands, acknowledges, and agrees that,pursuant to Article 11 of the General Appropriations Act, none of the General Revenue Funds appropriated to the Department of State Health Services (DSHS)may be used for the purpose of promoting or advertising COVID-19 vaccinations in the 2024-25 biennium. It is also the intent of the legislature that to the extent allowed by federal law, any federal funds allocated to DSHS shall be expended for activities other than promoting or advertising COVID-19 vaccinations. 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. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 9 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 43. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 (eff. Sept. 1, 2023, Section 2276.002,pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.) 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 (eff. Sept. 1, 2023, Section 2276.002,pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.) 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. 44. 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. 45. 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. 46. 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. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 10 of 14 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 47. 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) (eff. Apr. 1, 2025, Section 544.0106, pursuant to House Bill 4611, Acts 2023, 88th Leg., R.S.) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 48. 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. 49. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (eff. Sept. 1, 2023, Section 2275.0102(a)(1), pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.) (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 (eff. Sept. 1, 2023, Section 2275.0102, pursuant to House Bill 4595,Acts 2023, 88th Leg., R.S.), 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 (eff. Sept. 1, 2023, Section 2275.0103, pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.), or(2)headquartered in any of those countries. 50. 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 access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state. 51. 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. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 11 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 52. 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. 53. 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. 54. 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. 55. 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. 56. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 57. 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). Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 12 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 58. 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.2.3 Effective August 2023 Page 13 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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.2.3 Effective August 2023 Page 14 of 14 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 (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 "PHI"); (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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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 L 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.F.R. 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)(ii)(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 HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 3 of 15 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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 Lally 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 TA 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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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 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 Destro e 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) HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 5of15 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 (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 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 (MIST) 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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 (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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 • 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 I —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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 (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 164.400414. (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 9of15 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 (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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 (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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 (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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 (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 Destro e 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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 (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 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 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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 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 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 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 APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 "� TES Texas Department of State }Serviceslth d Human 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.usps.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 Title of Authorized Representative Date Signed 1 Department of State Health Services Form 4734—April 2022 Contract Management Section DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 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 I 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: z Department of State Health Services Form 4734 -April 2022 Contract Management Section DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 TEXAS Texas HHS Indirect Cost Rate Group Health and Human Services https://texashhs.secure.force.com/GranteeLanding Page DATE: October 12, 2023 TIN: 1746000574 CONTACT NAME: City of Corpus Christi GRANTEE: Judy Sandroussi ADDRESS: PO Box 9277 Corpus Christi, Texas 78469 The indirect cost rate(s) contained herein are for use on grants with Federal, State, or both governments to which 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards or the State of Texas Uniform Grant Management Standards apply, subject to the limitations contained in the sections below. SECTION HHS System Issued Rate Next RATE PERIOD Rate Applicable To Proposal Rate Type Start Date End Date Rate Base Due Fixed with Oct 1 2023 Sep 30, 2024 21.60% ** Direct Health Department Apr 1, 2024 Carry-forward Salaries **If the indirect cost rate for the next fiscal year is not approved prior to the new fiscal year, use this rate as a billing rate until a new rate is established. ICR Proposals must be submitted in accordance with the above timelines to continue recovering indirect costs. Rate Base Details Direct Salaries means total direct salaries and wages, excluding fringe benefits. The rate applies to all programs administered by the non-federal entity. To determine the amount of indirect costs to be billed under this agreement, direct salaries and wages should be summed and multiplied by the rate. All other program costs, including fringe benefits associated with direct salaries, should be eliminated. • N 2: ACCOUNTING TREATMENT OF FRINGE BENEFITS COST Accounting Methods Fringe Benefit N/A Rate: Fringe TMRS(Retirement), FICA, Health Insurance, and Life Insurance. Benefits: Paid Vacation, Sick leave Absences: HHS Indirect Cost Rate Agreement V080423 1 DocuSign Envelope ID:6188EC80-OF85-470B-95D8-2BA5EF8BF320 • N 3: Deadlines for • • • Submissions Your FY2025Fixed with Carry-forward ICR proposal with the FY2023carry-forward adjustment must be submitted via the Landing Page for Subrecipients no later than April 1, 2024 Please provide your FY2023 audit report* along with the ICR Proposal Packet. Select the "Submit ICR Proposal" option to upload all required documents. The proposal packet must be submitted on the HHS Indirect Cost Rate Group approved ICR Proposal Packet templates. Select "Technical Assistance" to request copies of the approved templates. *Your audit should include a Schedule of Indirect Costs. The Schedule of Indirect Costs must show the incurred expenses versus the recovered expenses for the carry-forward calculation. Please see the enclosed example. • N 4: KEY GUIDELINES AND CONDITIONS A. LIMITATIONS: Use of the rate(s) contained in the Agreement is subject to all statutory or administrative limitations and is applicable to a given Federal award or contract only to the extent that funds are available. Acceptance of the rate(s) agreed to herein is predicated upon the following conditions: (1) that no costs other than those incurred by the grantee were included in its indirect cost pool as finally accepted and that such incurred costs are legal obligations of the grantee and allowable under the governing cost principles, (See 2 CFR 200, Subpart E); (2) Unallowable costs have been adjusted appropriately when allocating costs identified in the proposal; (3) that the same costs that have been treated as indirect costs have not been claimed as direct costs; (4) that similar types of costs have been accorded consistent treatment; and (5) that the information provided by the grantee which was used as a basis for acceptance of the rate(s) agreed to herein is not subsequently found to be materially inaccurate; (6) that a restricted rate or limit to the indirect cost rate or amount is not required under the enabling statute or by the cognizant federal agency; (7) indirect costs may only be recovered to the extent direct costs were incurred; and (8) the rates cited in this Agreement may be subject to audit. Indirect cost elements and the type of distribution base used in computing the rates are subject to revision when a final rate is negotiated to settle the provisional rate or if unusual circumstances affect the negotiated predetermined rate. In such situations, the rate(s) may be subject to renegotiation at the discretion of the cognizant agency. B. CHANGES IMPACTING THE INDIRECT COST RATE PROPOSAL: This agreement is based on the organizational structure and the accounting methodology purported by the grantee to be in effect during the Agreement period. Changes which affect the amount of reimbursement resulting from the use of this Agreement require prior approval from the cognizant organization. Failure to obtain approval may result in subsequent cost disallowance. To notify us of organizational changes which impact the indirect cost rate, please submit a Technical Assistance request at the Landing Page referenced in Section 3 of this agreement. HHS Indirect Cost Rate Agreement V080423 2 DocuSign Envelope ID:6188EC80-OF85-47OB-95D8-2BA5EF8BF320 C. NOTIFICATION TO FEDERAL AND STATE AGENCIES: A copy of this document may be provided by the grantee to other Federal or State funding sources as a means of notifying them of the Agreement contained herein. D. APPLICATION OF INDIRECT COST RATE TO EXISTING GRANTS: Indirect costs charged to a grant by means other than the rate(s) cited in this Agreement should be adjusted to the applicable rate cited herein. E. GOVERNMENT COMMISSIONS (REGIONAL PLANNING COMMISSIONS, COUNCILS OF GOVERNMENT, ETC): Title 12 of Texas Local Government Code §391.0115(e) limits your organization's indirect costs to 15% or less of your organization's total expenditures. SECTIONDEFINITIONS A. Fixed Carry-forward and Adjustments: A fixed carry-forward rate means an indirect cost rate which has the same characteristics as a predetermined rate, except that the difference between the estimated costs and the actual, allowable costs of the period covered by the rate is carried forward as an adjustment to the rate computation of a subsequent period. When the actual costs for this period are determined, an adjustment will be made to a rate of a future year(s) to compensate for the difference between the costs used to establish the fixed rate and actual costs. SECTIONOF GRANTEE COGNIZANT AGENCY Judy Sandroussi Texas Health and Human Services Commission Grantee Name Agency Name Title Controller Racheal Kane, Federal Funds Director Name of Grantee Signature Authority Name of Agency Signature Authority Rah p Digitally signed by Racheal Kane An 4i CI I a l Kane Date:2023.10.12 15:56:36-05'00' Grant a Si nat Agency Signature HHS Indirect Cost Rate Agreement V080423 3 DocuSign Certificate Of Completion Envelope Id:6188EC80OF8547OB95D82BA5EF8BF320 Status: Sent Subject: Please DocuSign: HHS001437400015;Corpus Christi; Base;Signature Packet.pdf Source Envelope: Document Pages:74 Signatures: 0 Envelope Originator: Certificate Pages:2 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: 167.137.1.15 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 5/17/2024 11:03:56 AM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Dr. Fauzia Khan Sent:5/17/2024 11:11:27 AM fauziak@cctexas.com Resent:5/17/2024 12:57:19 PM Director of Public Health Viewed: 5/17/2024 1:01:16 PM CCNCPHD Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Dr. Fauzia Khan fauziak@cctexas.com Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Susana Garcia susana.garcia@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 Josh Hutchison josh.hutchison@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 CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sandy Clark sandy.clark@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign dante Gonzalez danteg@cctexas.com 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 5/17/2024 11:11:27 AM Envelope Updated Security Checked 5/17/2024 12:57:18 PM Envelope Updated Security Checked 5/17/2024 12:57:18 PM Payment Events Status Timestamps Ordinance Ordinance authorizing acceptance and future amendments of a Tuberculosis Prevention and Control Grant for $114,925.00 with a cash match of $22,985.00 from the Department of State Health Services (DSHS); appropriating $137,910.00 to provide funding activities in support of tuberculosis prevention and control services for the period September 1 , 2024, through August 31 , 2025. City Council June 25, 2024 Background and Summary TB Prevention and Control Services: • TB prevention and control services include laboratory testing, interferon gamma release assays, cold-box shipping of sputum samples, Accurint database searches, ordering and distribution of medications and supplies for the treatment of TB, therapeutic drug monitoring, drug resistance testing, nursing case management, disease surveillance, and program evaluation support. o September 1 , 2024, through August 31 , 2025 City Council June 25, 2024 Fiscal Impact and Staff Recommendation Fiscal Impact: TB Prevention and Control Services grant amount of $114,925.00. • Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20%. The match is included in the CCNCPHD general fund budget. • Grant cash match amount is 22,985.00. • The grant provides funding for two full-time Public Health Tech I positions. Total Operating budget is $137,910.00. Staff Recommendation: Approval of the two-reading ordinance. City Council June 25, 2024 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of June 25, 2024 ss52 Second Reading for the City Council Meeting of July 16, 2024 DATE: June 25, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK(o-)-cctexas.com 361-826-7202 Acceptance of the HIV Surveillance Grant for the Corpus Christi — Nueces County Public Health District in the amount of $43,570.00 and appropriation of the funds for the contract period of September 1, 2024, through August 31, 2025. CAPTION: Ordinance appropriating $43,570.00 from an increase in the HIV Surveillance Grant Program administered by the Department of State Health Services (DSHS) for the period September 1, 2024, through August 31, 2025, to provide HIV surveillance and control services, authorizing one existing FTE position funded by this grant. SUMMARY: To be used to provide for personnel costs, supplies, and other expenses to offer HIV Disease Surveillance services and associated activities to prevent and control HIV within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). This grant provides funding for a Public Health Technician II. BACKGROUND AND FINDINGS: The Texas Department of State Health Services ("DSHS") has awarded a grant contract in the amount of$43,570.00 for FY25 to provide for personnel costs, supplies, and other expenses to offer services and associated activities to prevent and control HIV within the jurisdiction of the CCNCPHD. The grant amendment allows staff to continue to conduct disease surveillance and work in conjunction with medical providers to ensure linkage to care for new cases of HIV/AIDS, and relink patients previously diagnosed with HIV to long term medical care. This is the second amendment to this grant which now brings the total contract value to $127,300.00. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control HIV in the community. FISCAL IMPACT: There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. If accepted the total contract value for this grant is $127,300.00. FUNDING DETAIL: Fund: 1066 Health Grants Organization/Activity: 89 Grants & Capital Project Funds / 830823S HIV Surveillance FY24-25 Department: 15 Health Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001186300001 Ordinance Presentation Ordinance appropriating $43,570.00 from an increase in the HIV Surveillance Grant Program administered by the Department of State Health Services (DSHS) for the period September 1, 2024, through August 31, 2025, to provide HIV surveillance and control services. Whereas, the City Manager or designee (Director of the CCNCPHD) is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the grant amount; and Whereas, the Texas Department of State Health Services has awarded an additional $43,570.00 for Contract No. HHS001186300001 to provide HIV surveillance and control services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1: Funds in the amount of$43,570.00 are appropriated in Health Grants Fund 1066 to provide HIV surveillance and control services for the period of September 1 , 2024, through August 31 , 2025. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No.HHS001186300001 AMENDMENT No. 2 EXTENSION The DEPARTMENT OF STATE HEALTH SERVICES ("DSHS" or "System Agency") and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT("Grantee"), who are collectively referred to herein as the "Parties," to that certain agreement for services to control and prevent the spread of Sexually Transmitted Infections (STIs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome(HIV/AIDS)and viral hepatitis and denominated as DSHS Contract No. HHS001186300001 effective September 1, 2022 (the"Contract"), as amended, now desire to amend the Contract. WHEREAS,DSHS desires to exercise its option to extend the Contract term for state fiscal year 2025; Whereas, DSHS desires to increase the Contract amount to pay for services delivered during fiscal year("FY") 2025; and Whereas,DSHS desires to update certain Contract terms and conditions. NOW,THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. SECTION III of the Contract, DURATION, is hereby amended to reflect a revised termination date to August 31, 2025. 2. SECTION IV of the Contract, BUDGET, is hereby amended to revise the first paragraph to read as follows: The total amount of this Contract will not exceed $127,300.00. Grantee is not required to provide matching funds. The amount payable to Grantee during state fiscal year 2025 will not exceed the amount in Attachment B,Budget(Effective September 1, 2024) and all Contract-related expenditures must be in accordance with the budget categories. 3. ATTACHMENT A of the Contract, STATEMENT OF WORK (EFFECTIVE SEPTEMBER 1, 2023), is hereby deleted in its entirety and replaced with ATTACHMENT A, STATEMENT OF WORK(EFFECTIVE SEPTEMBER 1,2024). 4. ATTACHMENT B of the Contract, BUDGET (AMENDED FEBRUARY 2023), is hereby deleted in its entirety and replaced with ATTACHMENT B, BUDGET (EFFECTIVE SEPTEMBER 1,2024). 5. ATTACHMENT C of the Contract, HHS UNIFORM TERMS AND CONDITIONS — GRANT, VERSION 2.2, is hereby deleted in its entirety and replaced with ATTACHMENT C,HHS UNIFORM TERMS AND CONDITIONS—GRANT,VERSION 3.3. DSHS Contract No.HHS001186300001 Page 1 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 6. ATTACHMENT D of the Contract,CONTRACT AFFIRMATIONS v.2.0, is hereby deleted in its entirety and replaced with ATTACHMENT D,CONTRACT AFFIRMATIONS v.2.3. 7. This Amendment No. 2 shall be effective as of September 1, 2024. 8. Except as amended and modified by this Amendment No. 2, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 9. Any further revision to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS DSHS Contract No.HHS001186300001 Page 2 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 SIGNATURE PAGE FOR AMENDMENT No. 2 DSHS CONTRACT No.HHS001186300001 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI NUECES COUNTY PUBLIC HEALTH By: By: Printed Name: Printed Name: Title: Title: Date of Signature: Date of Signature: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A STATEMENT OF WORK(EFFECTIVE SEPTEMBER 1,2024) ATTACHMENT B BUDGET(EFFECTIVE SEPTEMBER 1,2024) ATTACHMENT C HHS UNIFORM TERMS AND CONDITIONS—GRANT,VERSION 3.3 ATTACHMENT D CONTRACT AFFIRMATIONS V.2.3 ATTACHMENTS FOLLOW DSHS Contract No.HHS001186300001 Page 3 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 ATTACHMENT A STATEMENT OF WORK (EFFECTIVE SEPTEMBER 1, 2024) I. GRANTEE RESPONSIBILITIES GRANTEE WILL: A. Provide System Agency with active surveillance and reporting activities for Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS). Perform all activities under this Contract in accordance with the terms of this Contract and detailed budget, as approved by System Agency. Grantee must receive advance written approval from System Agency before varying from any of these requirements and must notify all staff working on activities of any such changes under this Contract within forty- eight(48)hours of System Agency approval of changes. For the purpose of this Contract, "HIV infection" and"AIDS" are as defined by the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service, MMWR Recommendations and Reports, April 11, 2014/63(RR3), 1-10, located at hLtp://www.cdc.gov/mmwL/pdf/ff/rr6303.pd . B. Perform the following: 1. STAFF TRAININGS a. Grantee will document to System Agency that all project staff (i.e., working on activities under this Contract)have received training on: Time for completion and Staff Status Training renewal Notice of Completion Due within 10 days of completion of Data Security and course to HIV Surveillance New Confidentiality Within 30 days of start of Coordinator and TB/HIV/STD Employees Training employment Section Security Officer within 10 days of completion of Data Security and course to HIV Surveillance Confidentiality Within 12 months of previous Coordinator and TB/HIV/STD Existing Staff Training training Section Security Officer Within 10 days of completion of New HIV Surveillance Within first 2 weeks of course to HIV Surveillance Employees Training Modules employment Coordinator and Site Consultant Within 10 days of completion of HIV Surveillance Biannually after first course to HIV Surveillance Existing Staff Training Modules completion Coordinator and Site Consultant DSHS Contract No.HHS001186300001 Page 4 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 At least One New or Monthly Standing Existing Staff HIV Surveillance Member (HARS Call)calls N/A N/A At least One New or Existing Staff HIV/STD Bi-Annual Member Conference N/A N/A Annual HIV All Funded Surveillance Staff Workshop N/A N/A At least One All Ad-Hoc training, New or conferences or Existing Staff symposiums and Member meetings N/A N/A b. Ensure training on Grantee employees' Standard of Conduct (Grantee will submit these training documents to System Agency within fourteen (14) days of the effective date of this Contract). c. Ensure completion of System Agency Data Security and Confidentiality training course within thirty (30) days of beginning work on this Contract. d. Ensure completion of annual refresher training course on confidentiality requirements/confidential information security (i.e., within one year of having taken the previous confidentiality and security course) and submit appropriate documentation to the HIV Surveillance Coordinator and TB/HIV/STD Section Security Officer via email within ten (10) days of completing each course. e. Ensure that all project staff working on activities under this Contract have completed all HIV Surveillance Modules located at http://www.dshs.texas.gov/hivstd/training/surveiIlance.shtm. New staff should complete these trainings within their first two weeks of employment and bi- annually thereafter. f. Ensure existing staff will be required to take the HIV Surveillance Modules biannually. g. Require at least one staff member to attend training, conferences, symposiums, and meetings, as directed by System Agency. h. Provide at least one surveillance staff person to participate in standing monthly HIV Surveillance conference calls held by System Agency, as directed. i. Ensure all funded surveillance staff participate in the annual HIV Surveillance workshop, when provided by System Agency. DSHS Contract No.HHS001186300001 Page 5 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 j. Work with System Agency staff regarding the management of funds received under this Contract. k. Staff Requirements. 1. Within thirty (30) days of the effective date of this Contract, supply System Agency with a copy of each job description for which a portion or all of the salary is paid under this Contract. 2. Notify the System Agency Program within forty-eight (48) hours of any personnel actions, including the details and outcome of such actions, involving project staff. A written report will be submitted to back up the oral report, within seventy-two (72)hours. Such personnel actions include, but are not limited to: a. Counseling for misconduct regarding violations of personnel, project, state, and/or federal policies,procedures,requirement, and laws; b. Terminations (voluntary or involuntary); and/or c. Employee grievances. I. Fill any surveillance staff vacancy within ninety (90) days. m. Submit complete and accurate travel support documentation to System Agency when submitting vouchers for reimbursement. Support documentation must list the employee who traveled,date of travel,purpose of travel, all receipts and a breakdown of the costs associated with travel. 2. CASE REPORTING a. Reporting and Registry 1. Active Surveillance and Provider Education: i. Maintain a current list of key reporting sources in Grantee's designated Service Area (City of Corpus Christi). ii. Document at minimum, monthly active surveillance for major providers/facilities as outlined in the 2021 Texas HIV Surveillance Procedure Manual. Grantee must conduct active surveillance by phone or in person to identify newly diagnosed HIV/AIDS cases and complete an HIV/AIDS case report form. In. Document provider education to at least ten providers/facilities deemed by the Grantee or the System Agency to be in need of education on reporting requirements, current lab tests, recommended testing algorithm, or data collected and used by HIV surveillance. Grantee must perform provider education to establish and maintain communication about reporting requirements (including Molecular HIV Surveillance and Perinatal HIV Surveillance) and any changes in any relevant surveillance procedures, requirements, and recommendations. 2. Ensure managers review Monthly Data Quality Reports and the Quarterly Progress Report provided by System Agency or available through the current reporting DSHS Contract No.HHS001186300001 Page 6 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 database to ensure case report forms are corrected and additional missing case information is collected. 3. Ensure managers discuss and review Quarterly Progress Report findings with all surveillance staff. 4. Ensure managers and funded staff will attend System Agency quarterly review meetings and following, provide written documentation outlining current challenges and plans for improvement. 5. Ensure all funded staff are knowledgeable of any reference laboratories or medical facilities conducting in-house HIV laboratory testing within Grantee's designated Service Area. Grantee is responsible for identifying any testing facilities that are not reporting their laboratory results electronically to System Agency and shall accordingly arrange a method for retrieving any non-electronic, paper-based labs. 6. Manually enter any and all lab results received directly from any laboratory and/or medical facilities into the System Agency database(s) by the 30th day of each month. If no laboratory results were received locally in a given month, Grantee must notify System Agency Electronic Laboratory Reporting (ELR) Program Specialist via email indicating there were no laboratory results received for that month. 7. Provide information, feedback, and clarification, as directed by System Agency Central Office staff by requested timeframe or within ten (10) working days of an inquiry. b. Completeness 1. Ensure completeness of case reporting provided to System Agency by conducting the following activities at least monthly: fully reviewing monthly data quality reports and regularly reviewing surveillance systems to identify any inconsistencies or gaps in laboratory reporting. Grantee is encouraged to implement additional methods of evaluating completeness of key source reporting, after first receiving System Agency written approval. 2. Ensure HIV/AIDS case report forms are accurate and complete in accordance with guidance provided in the 2021 Texas HIV Surveillance Procedure Manual. 3. Collect reports of HIV and AIDS cases diagnosed and/or treated,which health care providers (e.g., physicians, HIV service providers, etc.) are required to complete under TAC Title 25, Part 1, Chapter 97, Subchapter F, Rule §97.132. 4. Collect reports of pediatric HIV and AIDS cases diagnosed and/or treated, infants born exposed to HIV, and pregnant women living with HIV diagnosed and/or treated, which health care providers (e.g., physicians, HIV service providers, etc.) and laboratories are required to complete under TAC Title 25, Part 1, Chapter 97, Subchapter F,Rule §97.132. Grantee is responsible for collecting the reports within Grantee's designated Service Area. For each perinatal exposure investigated, Grantee will complete a pediatric case report form (PCRF), along with an updated DSHS Contract No.HHS001186300001 Page 7 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 adult case report form (ACRF)for infant's mother. 5. Collect all required data elements to conduct HIV surveillance follow-up activities, including conducting medical record abstractions within three months of diagnosis for all patients seen in Grantee's designated Service Area to properly report all HIV and AIDS cases diagnosed and/or treated within Grantee's designated Service Area. 6. Abstract medical records requested by another jurisdiction in Texas within the timeframes outlined in the 2021 Texas HIV Surveillance Procedure Manual. 7. Conduct an investigation to verify any reported adult and/or pediatric HIV or AIDS death and abstract medical chart when appropriate within Grantee's designated Service Area. 8. Follow procedures as outlined in 2021 Texas HIV Surveillance Procedure Manual to conduct out-of-state record searches. 9. Manage all laboratory reports in TB/HIV/STD Integrated System (the designated surveillance database) in accordance with the 2021 Texas HIV Surveillance Procedure Manual. 10. Maintain an efficient tracking mechanism, either by paper or electronic file, to record outcomes for all laboratory reports received by local site (including all laboratory reports received through Electronic Laboratory Report and all paper laboratory reports received directly from providers or labs). Grantee must be able to promptly produce surveillance site standings at any given time (i.e., number of cases reported for the month, number of medical record abstractions completed, cases with incomplete algorithms, type of cases completed (new), update to AIDS, perinatal exposure, pregnancy update and number of cases pending along with estimated dates of completion). 11. In support of molecular HIV surveillance (MHS), Grantee will complete or obtain HIV Testing and Treatment History information from the reporting provider to complete the testing and treatment history data elements on the (ACRF). c. Timeliness 1. Ensure a case report form is completed, entered into the current HIV Surveillance reporting database, and submitted to System Agency for all confirmatory Laboratory Reports within sixty (60)days of collection date of the initial laboratory or morbidity report (required for all cases) and within six (6) months for cases transitioned to AIDS since HIV diagnosis. If the Grantee is an Ending the HIV Epidemic (EHE) funded county, the case report form must be entered into the current HIV Surveillance reporting database within thirty (30) days of collection date of the initial laboratory or morbidity report. 2. Ensure a case report form is entered into the current HIV Surveillance reporting database within six(6)months of initial notification for all suspected HIV cases not confirmed through receipt of an algorithm diagnosing HIV (e.g., probable cases ascertained through matches with other databases, routine viral loads, medications, etc.). DSHS Contract No.HHS001186300001 Page 8 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 d. Pediatric 1. Collect copies of reports of pediatric HIV and AIDS cases of diagnosed and/or treated infants born exposed to HIV, and copies of reports for HIV-positive pregnant women diagnosed and/or treated in Grantee's designated Service Area, which health care providers (e.g., physicians, HIV service providers, etc.) and laboratories are required to complete under TAC Title 25, Part 1, Chapter 97, Subchapter F, Rule §97.132. If provider does not complete a case report form or does not provide sufficient information on the case report form, Grantee is responsible for abstracting the required case report form information from the provider's medical records. 2. Follow up on perinatal HIV exposed infants every six (6) months to ensure that all infants born to women living with HIV have an HIV status determined by 18 months of age and enter the pediatric case report forms in the current HIV Surveillance reporting database in a timely manner (reference 2021 Texas HIV Surveillance Procedure Manual). For each perinatal exposure investigated, Grantee will complete a pediatric case report form (PCRF), along with an updated adult case report form for infant's mother. 3. Review every collected pediatric HIV case in the designated surveillance database, birth match, and other sources, at least once to identify AIDS-defining conditions and update registry with a medical record abstraction. 4. Abstract medical charts for pediatric case reports both at the birth hospital and at the mother's and infant's health providers' offices. Maintain an electronic list of negative Polymerase Chain Reaction (PCR) tests for infants, to include name of laboratory and doctor ordering the test, and maintain copies of all reporting laboratory test results for pediatric cases. 5. Assist System Agency staff, as directed, in the development of prevention plans and the implementation of prevention activities to reduce the perinatal transmission of HIV. 6. Collect all required data elements to conduct Perinatal HIV surveillance activities, including reviewing and conducting medical record abstractions of the mother's and child's medical records in Grantee's designated Service Area to properly report all perinatally-exposed cases diagnosed and/or treated within Grantee's designated Service Area. Enter the required data elements in the current HIV Surveillance reporting database in a timely manner (reference 2021 Texas HIV Surveillance Procedure Manual). 3. EPIDENHOLOGIC INVESTIGATIONS a. Inform System Agency of newly reported cases of public health importance (COPHI), within three (3) business days of receipt of case report. Initiate epidemiologic investigations through contact with appropriate health care DSHS Contract No.HHS001186300001 Page 9 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 providers and a review of patients' medical records. Refer to the 2021 Texas HIV Surveillance Procedure Manual for COPHI case definitions. b. Determine the need for public health follow-up on all HIV-positive test results within three(3)business days of receipt of the test results.If no clear determination can be made within the three (3)business days, the HIV test results should be sent to a Disease Intervention Specialist(DIS)for investigation. c. Perform continuous epidemiological follow-up on all cases missing key pieces of information. d. Assist DSHS Program with other epidemiologic investigations, as directed by System Agency Program. Adhere to all deadlines set by System Agency for other epidemiologic investigations including, but not limited to, cluster investigations, special perinatal activities and data to care activities. 4. SECURITY a. Designate, from its staff, a Local Responsible Party (LRP) who has the overall responsibility for ensuring the security of the HIV/STD confidential information maintained by Grantee as part of activities under this Contract. The LRP must: i. Ensure appropriate policies/procedures are in place for handling confidential information, for the release of confidential HIV/STD data, and for the rapid response to suspected breaches of protocol and/or confidentiality. These policies and procedures must comply with System Agency policies and procedures (Grantee may choose to adopt those System Agency policies and procedures as its own). ii. Ensure security policies are reviewed periodically for efficacy, and that Grantee monitors evolving technology (e.g., new methods that may be used to illegally access confidential data; new technologies for keeping confidential data protected from security breaches) on an ongoing basis to ensure that the program's data remain as secure as possible. iii. Approve any Grantee staff requiring access to HIV/STD confidential information. LRP will grant authorization to Grantee staff who have a work- related need (i.e., work under this Contract) to view HIV/STD confidential information. iv. Maintain a list of authorized Grantee staff persons who are authorized to view and work with HIV/STD confidential information. The LRP will review the authorized user list ten (10) days from the effective date of this Contract to ensure it is current. All Grantee staff with access to confidential information will have a signed copy of a confidentiality agreement on file and it must be updated once during the term of this Contract. DSHS Contract No.HHS001186300001 Page 10 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 v. Ensure that all Grantee staff with access to confidential information will be trained on security policies and procedures before access to confidential information is granted and that this training will be renewed once during the term of this Contract. vi. Thoroughly and quickly investigate all suspected breaches and violations of protocol and/or privacy incidences of confidentiality in consultation with the System Agency LRP, all in compliance with the System Agency TB/HIV/STD Section Breach of Confidentiality Response Policy located at hLtp://www.dshs.texas.gov/hivstd/policy/securiiy.shtm. b. Have procedures to ensure computers and networks meet System Agency security standards, as certified by System Agency IT staff, verified during the biannual site visit. c. Have procedures to ensure termination requests for the current HIV Surveillance reporting database user account are sent to System Agency within one (1)business day of the identification of need for account termination. d. Have procedures to ensure transfer of secure data electronically using GlobalScape or current secure file transfer system. e. Have procedures to ensure a visitor log for individuals entering the secured areas is maintained and reviewed quarterly by the LRP. f. The LRP will verify the designated surveillance database users are updating passwords every 90 days as required. g. Have procedures to ensure confidential data and documents are: i. Maintained in a secured area; ii. Locked away when not in use; iii. Not left in plain sight; and iv. Shredded before disposal. h. Complete Local Responsible Party (LRP) quarterly security checklist provided by System Agency bi-annually. The LRP reports are found at TB/HIV/STD Section Bi-Annual Report. The most up to date information for reporting guidelines can be found at hLtps://www.dshs.texas.gov/hivstd/policy/securily.shtm i. Provide a list to System Agency of personnel with access to secured areas and of all identified personnel who have received security training. j. Provide a list to System Agency of personnel with access to all network drives where confidential information is stored. k. Ensure confidential data transmissions to System Agency or other approved partners are encrypted and transmitted via secured means. 1. Ensure files are scanned to a secure network drive (not scanned to email or any other unsecure directory). m. Ensure all flash drives used by surveillance staff are encrypted. DSHS Contract No.HHS001186300001 Page 11 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 n. Ensure confidential data is stored on stand-alone computers or on a secure drive of computers on a secure network. o. Ensure a list of authorized users with access to confidential data is maintained and limited to those approved by the LRP. p. Have systems in place to ensure confidential data taken out of the surveillance secured area are: minimized to essential data required; stored in secure devices; and encrypted. q. Ensure if surveillance-issued laptops are used, all have updated virus protection software. r. Ensure computers with confidential information have power-on and screensaver passwords with time out setting of 10 minutes or less. s. Ensure Surveillance staff computer passwords are not shared or visible to other users. t. Ensure shredders, printers, and fax machines for confidential data are housed in a secured area limited to those approved by the LRP. u. Ensure if shredding is outsourced, the shredder is bonded for working with health information. v. Ensure HIV/STD terminology usage is excluded from outgoing faxes, including cover sheet, header and footer. w. Ensure computers and networks meet System Agency security standards, as certified by System Agency IT staff. C. Meet the following requirements: 1. ACCURACY a. Diligently work to ensure 80% of case report forms had no major discrepancies (missing, unknown or drastically different) when compared to information found during chart re-abstractions (based on a random case sample). 2. COMPLETENESS a. Provide complete and legitimate information for the following 10 data elements for each HIV/AIDS case report 97% of the time: 1. Legal name; 2. Race/ethnicity; 3. Sex; 4. Facility of Diagnosis; 5. Date of Diagnosis; 6. Date of Birth; DSHS Contract No.HHS001186300001 Page 12 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 7. Diagnostic Status; 8. Valid date of death for vital status indicated as "dead;" 9. Residence at diagnosis; and 10. Vital Status (alive or deceased). b. Provide complete and legitimate risk information in accordance with the 2021 Texas HIV Surveillance Procedure Manual for eighty percent (80%) of cases at minimum. c. Ensure 97% of cases were CDC eligible and had no required fields missing. d. Ensure 97% of case report forms had valid information in the form information fields. e. Report 95% of expected number of new cases for the diagnosis year. f. Contact 100% of major HIV reporting facilities monthly for active surveillance. g. Ensure at least ten (10) HIV reporting facilities receive in-person or virtual provider education annually-focusing on those facilities which failed to link 85% of newly diagnosed patients to care within 30 days of diagnosis, measured by comparing dates of CD4 and viral load testing to diagnosis date. h. Ensure the transfer of 100% of HIV-related laboratory results received by Grantee locally to System Agency ELR Coordinator within 3 working days or provide written notification that there were no laboratory results received for the month,by the close of business on 30th day of each month. Grantee may send a written request to System Agency Program to extend the timetable for transferring laboratory reports,which must be received at least 24 hours in advance of the deadline at issue. Any such request shall be submitted by email. i. Ensure Grantee's policy outlines how public health follow-up will be made within three (3) business days of the receipt of the test results. If no clear determination can be made within the three (3)business days,the HIV test results must be sent to a Disease Intervention Specialist(DIS)for investigation. j. Ensure that 70% of newly diagnosed cases have prior antiretroviral (ARV) use history in accordance with the 2021 Texas HIV Surveillance Procedure Manual. j. Ensure that 70% of newly diagnosed cases have a known value for previous negative HIV test in accordance with the 2021 Texas HIV Surveillance Procedure Manual. k. Ensure that 50% of newly diagnosed cases have a known value for previous negative HIV test date in accordance with the 2021 Texas HIV Surveillance Procedure Manual. I. Ensure 100% of perinatal cases had mother's Stateno entered (or comments indicating surveillance efforts taken for not found cases). m. Ensure 85% of prenatal care records were reviewed for all newly reported exposed infants (if it is indicated that the mother received prenatal care). n. Ensure all HIV-positive pregnant women were monitored and followed-up with at the estimated delivery date. DSHS Contract No.HHS001186300001 Page 13 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 u. Ensure 90% of the responses to the ARV usage during pregnancy question were not blank or unknown. v. Ensure 90% of the responses to the ARV usage during labor and delivery questions were not blank or unknown. w. Ensure 90% of the responses to the neonatal ARV usage question were not blank or unknown. x. Ensure 90% of the responses to the prenatal care question were not blank or unknown. y. Ensure 85% of labor and delivery records were reviewed for all newly reported exposed infants. z. Ensure 100% of PCRFs were completed for all exposed infants born in the jurisdiction, at least 90%being completed by Grantee staff. 3. TIMELINESS a. Ensure appropriate follow-up of all new adult HIV cases (newly diagnosed and eligible cases not previously captured in the current HIV Surveillance reporting database)in accordance with the 2021 Texas HIV Surveillance Procedure Manual. b. Conduct and enter a medical record abstraction into the current HIV Surveillance reporting database within three (3) months of diagnosing laboratory result for at least 85% of eligible cases. c. Ensure appropriate follow-up of all AIDS cases in accordance with the 2021 Texas HIV Surveillance Procedure Manual. d. Conduct and enter a medical record abstraction,into the current HIV Surveillance reporting database, on all AIDS cases within six (6) months of AIDS-defining laboratory result or indication of opportunistic infection (OI) for 90% of cases. e. Ensure that all infants born to HIV-positive women have an HIV status determined (i.e., not be coded as indeterminate) within 18 months after the birth at least 85% of the time. f. Ensure 90% of newly diagnosed cases were reported into the designated surveillance database within six (6) months of diagnosis and all CDC required fields were completed. g. Ensure 95% of confirmed cases in the designated surveillance database had an associated case report form entered within 90 days of diagnosis. If the grantee is an EHE funded county, the case report form must be entered into the current HIV Surveillance reporting database within thirty (30) days of collection date of the initial laboratory or morbidity report. h. Ensure 80% of confirmed cases in the designated surveillance database had an associated Case Report Form entered in the designated surveillance database within 60 days of diagnosis. If the grantee is an EHE funded county, the case report form DSHS Contract No.HHS001186300001 Page 14 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 must be entered into the current HIV Surveillance reporting database within thirty (30) days of collection date of the initial laboratory or morbidity report. i. Ensure 100% of potential cases of public health importance (COPHI) were reported to DSHS Central Office within three (3) days. j. Ensure 100% newly identified cases were referred to Public Health Follow-Up within three (3) days of receipt of confirmatory lab report. k. Ensure 90% of newly diagnosed Out of Jurisdiction (OOJ) cases were completed and entered into the current HIV Surveillance reporting database within ninety (90) days of diagnosis. 1. Ensure 90% of updates to AIDS OOJ cases referred from surveillance counterparts were completed and entered in the designated surveillance database within 6 months of AIDS-defining lab or opportunistic infection. m. Ensure 100% of "potentially" exposed infants were investigated within three (3) months through timely completion of birth certificate match. II. BUDGET REDIRECT A. DSHS-approved budget may be revised by Grantee in accordance with the following requirements: 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 a 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 Budget Change Request 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 through an amendment executed by the Parties; 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 Budget Change Request 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; and DSHS Contract No.HHS001186300001 Page 15 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 4. Any transfer between budget categories that includes `Equipment' and/or `Indirect Cost' categories must be incorporated by amendment. Grantee shall submit timely written notification to DSHS Contract Representative using the Budget Change Request 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. III. PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in this Attachment A and compliance with the Contract's terms and conditions. IV. REPORTING REQUIREMENTS A. Grantee shall maintain an inventory of equipment, supplies, and real property. Grantee shall submit an annual cumulative report on DSHS Grantee's Property Inventory (Property Inventory Report(GC-11)) annually on October 15th to the DSHS Contract Representative and FSOequipkdshs.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. B. Grantee shall submit a Financial Status Report(FSR-269A)twice per state fiscal year per and the final FSR and final invoice are due 30 days after the end of the Contract term. C. Reports are due as follows: Report Frequency Period Start Period End Due Date Financial Status First six (6) 9/l/2024 2/28/2025 3/31/2025 Report(FSR) months Final FSR Remaining six (6) 3/l/2025 8/31/2025 9/30/2025 months Property Annually 9/1/2024 10/15/2025 10/15/2025 Inventory Report V. INVOICE AND PAYMENT I. INVOICE AND PAYMENT FOR ALL GRANTEES A. Grantee shall submit invoices monthly, on the 30th day of the following month, or next business day if the 30th day falls on a weekend or holiday, to prevent delays in DSHS Contract No.HHS001186300001 Page 16 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 processing a subsequent month's invoicing. System Agency requires Grantee to submit, on a timely basis, a"zero dollar" invoice for a month in which it did not incur expenses. Grantee shall email invoices and System Agency provided voucher support documentation to invoiceskdshs.texas.gov and crosinvoices2dshs.texas.gov simultaneously. Invoices received after the 301h of the month, or the next business day, are subject to denial of payment. B. Unless otherwise directed by System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice no later than thirty (30) calendar days following the end of the term of the Grant Agreement. Reimbursement or payment requests received after the deadline may not be paid. C. System Agency reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. System Agency Program will monitor Grantee's expenditures on a biannual basis. If expenditures are below the amount in Grantee's total grant award, Grantee's Budget may be subject to a decrease for the remainder of the Grant Agreement term. Vacant positions existing after ninety (90) days may result in a decrease in funds. 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.HHS001186300001 Page 17 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 ATTACHMENT B BUDGET (EFFECTIVE SEPTEMBER 1,2024) BUDGET CATEGORIES September 1, 2024—August 31, 2025 PERSONNEL $30,240.00 FRINGE BENEFITS $12,429.00 TRAVEL $901.00 EQUIPMENT $00.00 SUPPLIES $00.00 CONTRACTUAL $00.00 OTHER $00.00 TOTAL DIRECT CHARGES $43,570.00 INDIRECT CHARGES $00.00 TOTAL $43,570.00 DSHS Contract No.HHS001186300001 Page 18 of 18 Amendment No.2 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 H HS001186300001 TEXAS Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.3 Published and Effective — November 2023 Responsible Office: Chief Counsel HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 1 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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 3.3 Effective November 2023 Page 2 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 TABLE OF CONTENTS ARTICLE I. 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 ................................................................... 8 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......................................................................................... 9 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.................. 10 4.1 ALLOWABLE COSTS............................................................................................ 10 4.2 AUDITS AND FINANCIAL STATEMENTS............................................................... 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS .................................... 1 1 ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS.......... 12 5.1 WARRANTY......................................................................................................... 12 5.2 GENERAL AFFIRMATIONS................................................................................... 12 5.3 FEDERAL ASSURANCES....................................................................................... 12 5.4 FEDERAL CERTIFICATIONS ................................................................................ 12 5.5 STATE ASSURANCES............................................................................................ 12 ARTICLE VI. INTELLECTUAL PROPERTY........................................................................13 6.1 OWNERSHIP OF WORK PRODUCT....................................................................... 13 6.2 GRANTEE'S PRE-EXISTING WORKS................................................................... 13 6.3 THIRD PARTY IP................................................................................................. 14 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 3 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS ............................... 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION.............................................. 14 6.6 SURVIVAL............................................................................................................ 14 6.7 SYSTEM AGENCY DATA...................................................................................... 14 ARTICLE VII. PROPERTY................................................................................................ 15 7.1 USE OF STATE PROPERTY................................................................................... 15 7.2 DAMAGE TO STATE PROPERTY.......................................................................... 15 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....... 15 7.4 EQUIPMENT AND PROPERTY............................................................................... 16 ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY........................ 16 8.1 RECORD MAINTENANCE AND RETENTION......................................................... 16 8.2 AGENCY'S RIGHT TO AUDIT............................................................................... 17 8.3 RESPONSEXOMPLIANCE WITH AUDIT OR INSPECTION FINDINGS ................... 17 8.4 STATE AUDITOR'S RIGHT TO AUDIT.................................................................. 18 8.5 CONFIDENTIALITY.............................................................................................. 18 ARTICLE IX. GRANT REMEDIES,TERMINATION AND PROHIBITED ACTIVITIES.......... 18 9.1 REMEDIES............................................................................................................ 18 9.2 TERMINATION FOR CONVENIENCE .................................................................... 19 9.3 TERMINATION FOR CAUSE ................................................................................. 19 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS.... 19 9.5 INHERENTLY RELIGIOUS ACTIVITIES................................................................ 20 9.6 POLITICAL ACTIVITIES....................................................................................... 20 ARTICLEX. INDEMNITY..................................................................................................20 10.1 GENERAL INDEMNITY......................................................................................... 20 10.2 INTELLECTUAL PROPERTY................................................................................. 21 10.3 ADDITIONAL INDEMNITY PROVISIONS............................................................... 21 ARTICLE XI. GENERAL PROVISIONS...............................................................................21 11.1 AMENDMENTS..................................................................................................... 21 11.2 NO QUANTITY GUARANTEES.............................................................................. 21 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS..........................................................................22 11.5 INSURANCE AND BONDS...................................................................................... 22 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 4 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 11.6 LIMITATION ON AUTHORITY.............................................................................. 23 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS............................................ 23 11.8 SUBCONTRACTORS.............................................................................................. 23 11.9 PERMITTING AND LICENSURE ............................................................................ 23 11.10 INDEPENDENT CONTRACTOR ............................................................................. 24 11.11 GOVERNING LAW AND VENUE ........................................................................... 24 11.12 SEVERABILITY..................................................................................................... 24 11.13 SURVIVABILITY................................................................................................... 24 11.14 FORCE MAJEURE ................................................................................................ 24 11.15 NO IMPLIED WAIVER OF PROVISIONS ............................................................... 25 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 25 11.17 MEDIA RELEASES ............................................................................................... 25 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS ............................................. 25 11.19 SOVEREIGN IMMUNITY....................................................................................... 25 11.20 ENTIRE CONTRACT AND MODIFICATION........................................................... 26 11.21 COUNTERPARTS..................................................................................................26 11.22 PROPER AUTHORITY........................................................................................... 26 11.23 E-VERIFY PROGRAM .......................................................................................... 26 11.24 CIVIL RIGHTS......................................................................................................26 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS ................................. 27 11.26 DISCLOSURE OF LITIGATION.............................................................................. 27 11.27 NO THIRD PARTY BENEFICIARIES ..................................................................... 28 11.28 BINDING EFFECT................................................................................................. 28 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 5 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 ARTICLE L 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 Parry 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. "Pam"means either the System Agency or Grantee, individually. "Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 6 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 "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' website relative to travel reimbursements under this Contract, if any. "Statement of Work"means the description of activities Grantee mustperform to complete the Project, as specified in the Grant Agreement, and as may be amended. "System Agency"means HHSC or DSHS,as applicable. "Work Product"means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed, produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Grant Agreement or through use of any funding provided under this Grant Agreement. "Texas Grant Management Standards" or"TxGMS"means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency. Additionally, except as otherwise provided by applicable law, in the event of a conflict between TxGMS and applicable federal or state law, federal law prevails over state law and state law prevails over TxGMS. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof,""herein," "hereunder," and similar words refer to this Grant Agreement as a whole and not to any particular provision, section, attachment, or schedule of this Grant Agreement unless otherwise specified. C. The term "including"is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Grant Agreement, (i)references to contracts (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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 7 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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." L 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. 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: htt2s://fmx.cl2a.texas.gov/fmx/travel/textravel/ HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 8 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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. 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 9 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED This Grant Agreement is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability and actual receipt by System Agency of state or federal funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change,revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation, and System Agency will not be required to give prior notice. Additionally, System Agency will not be liable to Grantee for any remaining unpaid funds under this Grant Agreement at time of termination. 3.2 NO DEBT AGAINST THE STATE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBTS AND DELINQUENCIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including,but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support during the entirety of the Grant Agreement term. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion, the System Agency may (i)withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s)is not submitted by the due date(s); or(ii)require Grantee to promptly refund or credit-within thirty (30) calendar days of written notice— to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement. B. "Overpayments" as used in this Section include payments (i)made by the System 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 10 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 criteria for Allowable Costs. Additional federal requirements apply if this Grant Agreement is funded, in whole or in part, with federal funds. B. System Agency will reimburse Grantee for actual,allowable, and allocable costs incurred by Grantee in performing the Project,provided the costs are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Grant Agreement. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from remaining funds available under this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Grant Agreement are subject to applicable cost principles, audit requirements, and administrative requirements including applicable provisions under 2 CFR 200, 48 CFR Part 31, and TxGMS. C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal law or regulation or added by this Grant Agreement ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000)in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal threshold amount includes federal funds passed through by way of state agency awards. 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 11 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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 reportkhhsc.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 htt2s:Hhhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single audit reporte,hhsc.state.tx.us. ARTICLE V. WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS 5.1 WARRANTY Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement; and all deliverables shall be fit for ordinary use,of good quality,and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement,the System Agency may require Grantee, at its sole expense,to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith,require Grantee to accept the return of such work; and, iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 12 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein,is exclusively owned by System Agency.Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a"work made for hire"under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns,the entire right,title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income,royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past,present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. C. Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. D. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license,with the right to 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 13 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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 parry's written approval for Grantee to use any Third Party IP that may be incorporated in the Work Product. 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI, Intellectual Property. 6.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agency's request, Grantee shall deliver to System Agency all completed, or 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 14 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Grantee's performance of its obligations hereunder. ARTICLE VII. PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited from using State Property for any purpose other than performing Services authorized under the Grant Agreement. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops,portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network(VPN client)), and any other resources of System Agency. C. Grantee shall not remove State Property from the continental United States. In addition, Grantee may not use any computing device to access System Agency's network or e- mail while outside of the continental United States. D. Grantee shall not perform any maintenance services on State Property unless the Grant Agreement expressly authorizes such Services. 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 15 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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. 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 all information required to determine compliance with the terms and conditions of this Grant Agreement and all state and federal rules, regulations, and statutes. Grantee shall ensure these same requirements are included in all subcontracts. 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. Grantee shall ensure these same requirements are included in all subcontracts. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 16 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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. Grantee shall ensure these same requirements are included in all subcontracts. 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. Grantee shall permit the System Agency or any of its duly authorized federal, state, or local authorities unrestricted access to and the right to examine all external contracts and or pricing models or methodologies related to the Grant Agreement. Grantee shall ensure these same requirements are included in all subcontracts. If the Grant Agreement includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds,the Comptroller General of the United States,the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHS's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of oversight, including, but not limited to, reviews, inspections, audits and investigations, 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 and payments related to the Grant Agreement, including those related to a Subcontractor. E. Grantee shall include the System Agency's and any of its duly authorized representatives', as well as duly authorized federal, state, or local authorities, unrestricted 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, inspection or investigation 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 17 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 C. Grantee shall include the requirement to provide to System Agency (and any of its duly authorized federal, state, or local authorities)internal audit reports related to this Grant Agreement in any Subcontract it awards. Upon request by System Agency, Grantee shall enforce this requirement against its Subcontractor. Further, Grantee shall include in any Subcontract it awards a requirement that all Subcontractor Subcontracts must also include these provisions. 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. Grantee shall ensure the authority to audit funds received indirectly by subcontractors through the contract and the requirement to cooperate is included in any subcontract it awards. 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 Article VIII will survive termination or expiration of this Grant Agreement. Further, the obligations of Grantee under this Article VIII will survive termination or expiration of this Grant Agreement. This requirement must be included in all subcontracts awarded by Grantee. ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES 9.1 REMEDIES A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 18 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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. R Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended. C. No action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as a waiver of any other rights or remedies available to System Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended or after termination. 9.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Grant Agreement, in whole or in part, at any time when,in its sole discretion,the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 9.3 TERMINATION FOR CAUSE A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Grant Agreement, in whole or in part,upon either of the following conditions: i. Material Breach The System Agency may terminate the Grant Agreement, in whole or in part, if the System Agency determines, in its sole discretion, that Grantee has materially breached the Grant Agreement or has failed to adhere to any laws, ordinances, rules,regulations or orders of any public authority having jurisdiction, whether or not such violation prevents or substantially impairs performance of Grantee's duties under the Grant Agreement. Grantee's misrepresentation in any aspect including, but not limited to, of Grantee's Solicitation Application, if any, or Grantee's 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 19 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 9.5 INHERENTLY RELIGIOUS ACTIVITIES Grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may engage in inherently religious activities;however,these activities must be separate in time or location from the grant- funded program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. These requirements apply to all grantees, not just faith-based organizations. 9.6 POLITICAL ACTIVITIES Grant funds cannot be used for the following activities: A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying, advocating for legislation, campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties, and voter registration campaigns. Grantees may use private, or non-System Agency money or contributions for political purposes but may not charge to, or be reimbursed from, System Agency contracts or grants for the costs of such activities. B. Grant-funded employees may not use official authority or influence to achieve any political purpose and grant funds cannot be used for the salary, benefits, or any other compensation of an elected official. C. Grant funds may not be used to employ, in any capacity, a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant funds cannot be used to pay membership dues to an organization that partially or wholly pays the salary of a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 20 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 AGREEMENT. 10.2 INTELLECTUAL PROPERTY GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT,TRADEMARK, COPYRIGHT,TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; i ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER;AND/OR R SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. 10.3 ADDITIONAL INDEMNITY PROVISIONS A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 21 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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. 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 22 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 11.6 LIMITATION ON AUTHORITY A. Grantee shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Grant Agreement; no other authority,power, or use is granted or implied. Grantee may not incur any debt, obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. B. Grantee may not rely upon implied authority and is not granted authority under the Grant Agreement to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas 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. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 23 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 11.10 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third-parry service providers shall serve as independent contractors in providing the services under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. The Grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits,unemployment insurance benefits, or employee benefits of any kind. The Grant Agreement shall not create any joint venture, partnership, agency, or employment relationship between Grantee and System Agency. 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 parry could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such parry is unable to overcome. HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 24 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 25 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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 extentpossible. 11.21 COUNTERPARTS This Grant Agreement may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Grant Agreement. 11.22 PROPER AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. 11.23 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the term of the Grant Agreement; and B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America. 11.24 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Grant Agreement. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability,political beliefs, or religion,be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 26 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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/vour-rights/civil-ri ghts-office/civil-ri ghts-posters E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination received relating to its performance under this Grant Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street,Mail CodeW206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512) 438-5885 Email: HHSCivilRightsOfficeghhsc.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 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 HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 27 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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-parry 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK HHS Uniform Terms and Conditions—Grant v 3.3 Effective November 2023 Page 28 of 28 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 HEALTH AND HUMAN SERVICES Contract Number HHS001186300001 Attachment D CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as "Contractor")regardless of their business form (e.g., individual,partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 1 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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 parry 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.2.3 Effective August 2023 Page 2 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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(SAKI)maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 3 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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.2.3 Effective August 2023 Page 4 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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/ Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 5 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 All reports made to the OIG must be made through one of the following avenues: • 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.2.3 Effective August 2023 Page 6 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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.2.3 Effective August 2023 Page 7 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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.2.3 Effective August 2023 Page 8 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 39. Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children—Prohibited Use of Public Money; Prohibited State Health Plan Reimbursement. Contractor understands, acknowledges, and agrees that,pursuant to Section 161.704 of the Texas Health and Safety Code (eff. Sept. 1, 2023),public money may not directly or indirectly be used, granted,paid, or distributed to any health care provider, medical school, hospital, physician, or any other entity, organization, or individual that provides or facilitates the provision of a procedure or treatment to a child that is prohibited under Section 161.702 of the Texas Health and Safety Code. Contractor also understands, acknowledges, and agrees that,pursuant to Section 161.705 of the Texas Health and Safety Code (eff. Sept. 1, 2023), HHSC may not provide Medicaid reimbursement and the child health plan program established under Chapter 62 may not provide reimbursement to a physician or health care provider for provision of a procedure or treatment to a child that is prohibited under Section 161.702 of the Texas Health and Safety Code. Contractor certifies that it is not ineligible to contract with System Agency under the terms of Chapter 161, Subchapter X, of the Texas Health and Safety Code. 40. 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. 41. 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. 42. COVID-19 Vaccinations Contractor understands, acknowledges, and agrees that,pursuant to Article 11 of the General Appropriations Act, none of the General Revenue Funds appropriated to the Department of State Health Services (DSHS)may be used for the purpose of promoting or advertising COVID-19 vaccinations in the 2024-25 biennium. It is also the intent of the legislature that to the extent allowed by federal law, any federal funds allocated to DSHS shall be expended for activities other than promoting or advertising COVID-19 vaccinations. 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. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 9 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 43. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 (eff. Sept. 1, 2023, Section 2276.002,pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.) 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 (eff. Sept. 1, 2023, Section 2276.002,pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.) 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. 44. 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. 45. 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. 46. 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. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 10 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 47. 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) (eff. Apr. 1, 2025, Section 544.0106, pursuant to House Bill 4611, Acts 2023, 88th Leg., R.S.) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 48. 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. 49. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (eff. Sept. 1, 2023, Section 2275.0102(a)(1), pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.) (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 (eff. Sept. 1, 2023, Section 2275.0102, pursuant to House Bill 4595,Acts 2023, 88th Leg., R.S.), 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 (eff. Sept. 1, 2023, Section 2275.0103, pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.), or(2)headquartered in any of those countries. 50. 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 access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state. 51. 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. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 11 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 52. 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. 53. 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. 54. 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. 55. 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. 56. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 57. 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). Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 12 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 58. 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.2.3 Effective August 2023 Page 13 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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.2.3 Effective August 2023 Page 14 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 HEALTH AND HUMAN SERVICES Contract Number HHS001186300001 Attachment D CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as "Contractor")regardless of their business form (e.g., individual,partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 1 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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 parry 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.2.3 Effective August 2023 Page 2 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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(SAKI)maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 3 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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.2.3 Effective August 2023 Page 4 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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/ Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 5 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 All reports made to the OIG must be made through one of the following avenues: • 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.2.3 Effective August 2023 Page 6 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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.2.3 Effective August 2023 Page 7 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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.2.3 Effective August 2023 Page 8 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 39. Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children—Prohibited Use of Public Money; Prohibited State Health Plan Reimbursement. Contractor understands, acknowledges, and agrees that,pursuant to Section 161.704 of the Texas Health and Safety Code (eff. Sept. 1, 2023),public money may not directly or indirectly be used, granted,paid, or distributed to any health care provider, medical school, hospital, physician, or any other entity, organization, or individual that provides or facilitates the provision of a procedure or treatment to a child that is prohibited under Section 161.702 of the Texas Health and Safety Code. Contractor also understands, acknowledges, and agrees that,pursuant to Section 161.705 of the Texas Health and Safety Code (eff. Sept. 1, 2023), HHSC may not provide Medicaid reimbursement and the child health plan program established under Chapter 62 may not provide reimbursement to a physician or health care provider for provision of a procedure or treatment to a child that is prohibited under Section 161.702 of the Texas Health and Safety Code. Contractor certifies that it is not ineligible to contract with System Agency under the terms of Chapter 161, Subchapter X, of the Texas Health and Safety Code. 40. 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. 41. 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. 42. COVID-19 Vaccinations Contractor understands, acknowledges, and agrees that,pursuant to Article 11 of the General Appropriations Act, none of the General Revenue Funds appropriated to the Department of State Health Services (DSHS)may be used for the purpose of promoting or advertising COVID-19 vaccinations in the 2024-25 biennium. It is also the intent of the legislature that to the extent allowed by federal law, any federal funds allocated to DSHS shall be expended for activities other than promoting or advertising COVID-19 vaccinations. 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. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 9 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 43. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 (eff. Sept. 1, 2023, Section 2276.002,pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.) 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 (eff. Sept. 1, 2023, Section 2276.002,pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.) 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. 44. 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. 45. 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. 46. 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. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 10 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 47. 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) (eff. Apr. 1, 2025, Section 544.0106, pursuant to House Bill 4611, Acts 2023, 88th Leg., R.S.) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 48. 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. 49. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (eff. Sept. 1, 2023, Section 2275.0102(a)(1), pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.) (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 (eff. Sept. 1, 2023, Section 2275.0102, pursuant to House Bill 4595,Acts 2023, 88th Leg., R.S.), 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 (eff. Sept. 1, 2023, Section 2275.0103, pursuant to House Bill 4595, Acts 2023, 88th Leg., R.S.), or(2)headquartered in any of those countries. 50. 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 access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state. 51. 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. Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 11 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 52. 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. 53. 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. 54. 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. 55. 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. 56. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 57. 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). Health and Human Services Contract Affirmations v.2.3 Effective August 2023 Page 12 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 58. 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.2.3 Effective August 2023 Page 13 of 14 DocuSign Envelope ID:916628C4-AE5E-4673-BB3C-CB87F9953436 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.2.3 Effective August 2023 Page 14 of 14 DocuSign Certificate Of Completion Envelope Id: 916628C4AE5E4673BB3CCB87F9953436 Status: Sent Subject: Please DocuSign:AMENDING$127,300.00; HHS001186300001; CORPUS CHRISTI A-2; HIV/SUR-S Source Envelope: Document Pages:74 Signatures: 0 Envelope Originator: Certificate Pages:2 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: 167.137.1.9 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 5/23/2024 3:31:26 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Dr. Fauzia Khan Sent:5/23/2024 4:09:34 PM fauziak@cctexas.com CCNCPHD Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Susana Garcia Susana.Garcia@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 Josh Hutchison Josh.Hutchison@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 Jessica Sorola-Jasso � Sent:5/23/2024 4:09:33 PM JessicaSJ@cctexas.com ED Viewed: 5/23/2024 4:26:37 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kevin Hensley Sent:5/23/2024 4:09:33 PM kevinhe@cctexas.com ED Viewed: 5/23/2024 4:25:14 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Martha Jasse Martha.Jasse@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 5/23/2024 4:09:34 PM Payment Events Status Timestamps Ordinance Ordinance appropriating $43,570.00 from an increase in the HIV Surveillance Grant Program administered by the Department of State Health Services (DSHS) for the period September 1 , 2024, through August 31 , 2025, to provide HIV surveillance and control services. Background and Summary HIV Surveillance Grant Program • The grant amendment allows staff to continue to conduct disease surveillance and work in conjunction with medical providers to ensure linkage to care for new cases of HIV/AIDS, and relink patients previously diagnosed with HIV to long term medical care. • Funding to be used to provide for personnel costs, supplies, and other expenses to offer services and associated activities to prevent and control HIV within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). • September 1 , 2024, through August 31 , 2025. Fiscal Impact and Staff Recommendation Fiscal Impact: Total Operating budget is $43,570.00 for FY25 • There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. o Public Health Technician II • Total contract value $127,300.00. Staff Recommendation: Approval of the two reading ordinance. se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of June 25, 2024 ss52 Second Reading for the City Council Meeting of July 16, 2024 DATE: June 14, 2024 TO: Mayor and Council FROM: Municipal Court Committee: Council Member Roland Barrera, Chair Council Member Sylvia Campos Council Member Michael Hunter Council Member Mike Pusley Ordinance staggering the Presiding Judge term from the Full-time and Part-Time Judge Municipal Court Judge terms CAPTION: Ordinance ending Presiding Judge Jacqueline Del Llano Chapa's current term and reappointing Jacqueline Del Llano Chapa as Presiding Judge for a two-year term of office beginning August 1 , 2024, and ending August 1, 2026, effectively staggering the Presiding Judge term from Full-time and Part-time Municipal Court Judges' terms. SUMMARY: Currently, all Municipal Court judges serve two-year terms beginning March 28, 2023 and ending March 28, 2025. The proposed ordinance would effectively stagger the appointment date of the Presiding Judge to a two-year term beginning August 1, 2024 and ending August 1, 2026. BACKGROUND AND FINDINGS: The Municipal Court Committee met on June 14, 2024 to consider an ordinance staggering the term of Presiding Judge Jacqueline Del Llano Chapa from the full-time and part-time municipal court judge terms. The main advantage to staggering the presiding judge's term comes during the performance evaluation process. The presiding judge conducts annual performance evaluations on part-time and full-time judges. It would be difficult to have her own performance evaluation conducted at the same time. Staggering the presiding judge's term allows for a more efficient and equitable performance evaluation process. The committee approved the ordinance and recommended it for council consideration. ALTERNATIVES: The Council could choose not to stagger the judges' terms. FISCAL IMPACT: None Funding Detail: N/A Fund: Organ ization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: The Municipal Court Committee recommends approval of the ordinance. SUPPORTING DOCUMENTS: Ordinance Ordinance ending Presiding Judge Jacqueline Del Llano Chapa's current term and reappointing Jacqueline Del Llano Chapa as Presiding Judge for a two-year term of office beginning August 1, 2024, and ending August 1, 2026, effectively staggering the Presiding Judge term from Full-time and Part-time Municipal Court Judges' terms. WHEREAS, the City Council shall appoint its municipal judges by ordinance pursuant to Texas Government Code §30.00006, City CharterArt. II, Sec.26, and Corpus Christi Code Sec. 29-4; WHEREAS, the current term of the Presiding Judge; Full-Time Judges, and Part-time Judges starts March 28, 2023, and ends March 28, 2025; WHEREAS, ending the Presiding Judge's current term and reappointing for two years effectively staggers the appointment date of the Presiding Judge from the Full-Time Judges and Part-time Municipal Court Judges; WHEREAS, the City Council finds the following appointee meets the qualifications for Presiding Municipal Court judge pursuant to Corpus Christi Code and State law; and WHEREAS, this Ordinance does not constitute an employment contract, and appointees are not employees but are public officers authorized by law to independently exercise functions subject to revision and correction only according to the standing laws of this state. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Jacqueline Del Llano Chapa's judicial term, beginning March 28, 2023, and ending March 28, 2025, is terminated effective August 1, 2024, to allow for a staggering of the term for the Presiding Judge. SECTION 2. Jacqueline Del Llano Chapa is appointed as Presiding Judge of the Municipal Court of Record in the City of Corpus Christi, Texas, to serve full-time for a definite term of two years, unless sooner removed effective August 1, 2024. The term begins August 1, 2024, and ends August 1, 2026. SECTION 3. The presiding judge shall receive a fixed salary of$158,324.47. SECTION 4. This ordinance takes effect immediately upon passage on second reading. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary SC �o o� � AGENDA MEMORANDUM N-ORPOftAY E Public Hearing and First Reading for the City Council Meeting of June 25,2024 is 52 Second Reading for the City Council Meeting of July 16,2024 DATE: May 31 , 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 2245 Flour Bluff Drive CAPTION: Zoning Case No. ZN8192, MF Newton Investments LLC (District 4). Ordinance rezoning a property at or near 2245 Flour Bluff Drive from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This item is to rezone the property to allow a light industrial -service- use; specifically, a contractor's shop with indoor storage. The applicant originally requested a zoning change to the "IL" Light Industrial District. Applicant consents to Staff's Recommendation"CN-1/SP" Neighborhood Commercial District with a Special Permit. BACKGROUND AND FINDINGS: The subject 0.55-acre parcel, out of the Flour Bluff area, is located along Flour Bluff Drive, an "Al" class arterial road, a mile east of the NOLF (Naval Outlying Landing Field) Waldron, and at the edge of a concentration of residential subdivisions south of South Padre Island Drive. While within the NOLF Waldron's Military Compatibility Area overlay, the subject property is only subject to the vertical obstruction safety subzone regulations. The area between Flour Bluff Drive, Waldron Road, South Padre Island Drive, and east of NOLF Waldron is primarily composed of medium-density residential uses, with some low-density residential uses. Flour Bluff Drive is lined with planned residential subdivisions interspersed with modest general commercial districts in the vicinity of the site, with the large residential lots fronting the right-of-way in certain instances. The large general commercial district along South Padre Island Drive is within a mile of the site. Along the west side of Flour Bluff Drive, and north of the subject property, at the block face, is a general commercial district pocket zoned "CG-2" with commercial use, with a "RS-6" Single-Family 6 zoned lot with low-density residential use immediately north. To the south of the subject parcel, properties are zoned "RS-6" Single-Family 6 District with low-density residential uses. The properties to the west of the subject parcel and Flour Bluff Drive are zoned "CG-2" General Commercial District and "RS-6" Single-Family 6 District with commercial and low-density residential uses. To the east, properties are zoned "RS-6" Single-Family 6 District with low-density residential uses. The applicant is requesting an amendment to the current zoning district to accommodate a light industrial -service- use; specifically, a contractor's shop with indoor storage. The one-story metal structure will accommodate 5 tenant spaces. The "IL" Light Industrial 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 consistent with the City of Corpus Christi Comprehensive Plan and future land use designation of commercial use. Public Input Process Number of Notices Mailed: 18 notices were mailed within the 200-foot notification area, and 2 outside the notification area. As of June 21, 2024: In Favor In Opposition 1 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit on May 15, 2024. The Special Permit will be subject to the following conditions: 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning district is a light industrial service use; specifically, a contractor's shop with indoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 Landscaping of the Unified Development Code Landscaping. 3. Dumpster: All solid waste shall be confined in a dumpster screened from street, public, and neighboring views. No dumpster is permitted within the front street yard. Screening for the dumpster must be composed of a solid or opaque material that matches or compliments the building material of the principal structure. 4. Outside Storage and Display: Outside storage and display is prohibited. 5. Screening & Buffer Yard: A 10-foot-wide buffer yard and 10 points shall be required along the property boundaries adjacent to residential zoning districts. 6. Lighting: All lighting shall be shielded, and pole lights shall be of the fully 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. 7. Building Height: The building height requirement shall adhere to UDC Section 4.2.8.0 Modification of Heigh Regulations. 8. Hours of Operation: The hours of operation shall be limited from 7.00 AM to 08.00 PM. Customer access after 08.00 PM shall be prohibited. 9. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 10.Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 11.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: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8192, MF Newton Investments LLC (District 4). Ordinance rezoning a property at or near 2245 Flour Bluff Drive from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). 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, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by changing the zoning on the subject property being Lot 24, Block 1, Flour Heights, as described/shown in Exhibit "A", from: the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. The subject property is located at or near 2245 Flour Bluff Drive. 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. Use: The only use allowed on the subject property other than uses permitted in the base zoning district is a light industrial service use, subject to compliance with the fire code. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 Landscaping of the Unified Development Code Landscaping. 3. Dumpster: All solid waste shall be confined in a dumpster screened from street, public, and neighboring views. No dumpster is permitted within the front street yard. Screening for the dumpster must be composed of a solid or opaque material that matches or compliments the building material of the principal structure. 4. Outside Storage and Display: Outside storage and display is prohibited. 5. Screening & Buffer Yard: A 10-foot-wide buffer yard and 10 points shall be required along the property boundaries adjacent to residential zoning districts. 6. Lighting: All lighting shall be shielded, and pole lights shall be of the fully 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. 7. Building Height: The building height requirement shall adhere to UDC Section 4.2.8.0 Modification of Heigh Regulations. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 08:00 PM. Customer access after 08:00 PM shall be prohibited. 9. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 10. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 11. 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 conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 Exhibit A -4. 5 y,d d f CG-2 0� CN- 1 J �v O �v SUBJECT PROPERTY R -6 RS-4. 5 �FRp. R -6 r CASE: ZN8192 SUBJECT PROPERTY WITH ZONING `*l Subject Property A-1 ApamnenI H—DiSbitl. FI Lp,l inEaseial Dl�IIiel A-IA AParVr,enI H..-D,— F2 LgI Imlvsl N District A-2 Apart-rent Hause District F3 Heavy I--]Distrisl AB Preless9nal D D.m PUD Plan N Unit De-W.— AT ApamneM-T-.Dislncl R-IA Dlre Family Dwelkrrg 0— B-1 Ne+gbbnr 8us,ness 0`tr R-18 One F—ty Dwelkng Q— SIA Ne hbc&t Baseness OAMt RAC One Family Dw+-*l Dw-a B-2 8ayhmt Buvr,ess Dl— R-2 M-Vry O 4.g D— .. B-2A flamer Is�antl Bu--D.stricR RA O-e Family Dw 1W Dis�nr] B-g evs-ens o5e;tr1 RE Re d—,ad E—,D,smn SUBJECT B-A rre B--es5 D— R-TH Tq.-�,—Dw�mng D— _ _ PROPERTY B5 P_.,y Busuuss D.— SP Special Perrn.M Bd Primary Buskuss Core D®met T-1A TraaH Trailer Park Dw 1 BD pis C Christi peal,Design OKI T-10 kla-&mend Hnme Park DsbirK City of Esri,HERE . F-P F.-Rural D.— T-,e Ma.-�rantr a Home strrary�:. . Colpu.S LOCATION MAP HC Hismrical-C,A alLard.,A D-ict Christi Preservatron - Page 3 of 3 ZONING REPORT Case ZN8192 Applicant & Subject Property District: 4 Owner: MF Newton Investments LLC Applicant: MF Newton Investments LLC Address: 2245 Flour Bluff Drive, located along the east side of Flour Bluff Drive, north of Purdue Road, and south of Division Road. Legal Description: Lot 24, Block 1, Flour Heights Acreage of Subject Property: 0.55 acre(s) Pre-Submission Meeting: March 26, 2024 Zoning Request From: "RS-6" Single-Family 6 District To: "CN-1/SP" Neighborhood Commercial District with a Special Permit Purpose of Request: To allow a light industrial -service- use; specifically, a contractor's shop with indoor storage. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant Commercial "RS-6" Single-Family 6, Low-Density Residential, North "CG-2" General Transportation Medium-Density Residential, Commercial (Flour Bluff Drive), Commercial Commercial South "RS-6" Single-Family 6 Low-Density Residential Commercial East "RS-6" Single-Family 6 Low-Density Residential Commercial Low-Density Residential, "RS-6" Single-Family 6, Transportation West "CG-2" General (Flour Bluff Drive), Medim-Density Residential Commercial Commercial Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County, Texas) Volume 69, Page 700. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is within the NOLF (Naval Outlying Landing Field) Waldron's Military Compatibility Area Overlay District; however, outside any clear and accident potential zones. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing Flour Bluff Drive "A1" 4 Lanes, 2 Lanes, Minor Arterial Center Turn Lane, Center Turn Lane, Undivided 95-foot ROW 100-foot ROW Transit: The Corpus Christi RTA provides service to the subject property via route 4 Flour Bluff with stops at Waldron Road and Purdue Road. Bicycle Mobility Plan: The subject property is immediately adjacent to proposed one-way cycle tracks along each side of Flour Bluff Drive, which connects to a similar proposed mobility infrastructure along Glenoak Drive and a bike boulevard along Division Road. Utilities Gas: An active 3-inch (main) WS line exists along the east side of Flour Bluff Drive. Stormwater: A storm ditch exists along the east side of Flour Bluff Drive. Wastewater: An active 15-inch (public main) VCP line exists along the east side of Flour Bluff Drive. Water: An active 12-inch (public distribution) PVC line exists along the east side of Flour Bluff Drive. Corpus Christi Comprehensive Plan (Plan CC) 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Flour Bluff Area Development Plan (Adopted on June 22, 2021). Water Master Plan: An existing EST System Storage improvement and an 18-inch water line extension have been proposed. Wastewater Master Plan: Improvements to an existing gravity main have been proposed. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 18 within a 200-foot notification area 2 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0% in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: May 15, 2024 City Council 1st Reading/Public Hearing Date: June 25, 2024 City Council 2►,d Reading Date: July 16, 2024 Background: The subject 0.55-acre parcel, out of the Flour Bluff area, is located along Flour Bluff Drive, an "Al" class arterial road, a mile east of the NOLF (Naval Outlying Landing Field) Waldron, and at the edge of a concentration of residential subdivisions south of South Padre Island Drive. While within the NOLF Waldron's Military Compatibility Area overlay, the subject property is only subject to the vertical obstruction safety subzone regulations. The area between Flour Bluff Drive, Waldron Road, South Padre Island Drive, and east of NOLF Waldron is primarily composed of medium-density residential uses, with some low- density residential uses. Flour Bluff Drive is lined with planned residential subdivisions interspersed with modest general commercial districts in the vicinity of the site, with the large residential lots fronting the right-of-way in certain instances. The large general commercial district along South Padre Island Drive is within a mile of the site. Along the west side of Flour Bluff Drive, and north of the subject property, at the block face, is a general commercial district pocket zoned "CG-2" with commercial use, with a "RS-6" Single- Family 6 zoned lot with low-density residential use immediately north. To the south of the subject parcel, properties are zoned "RS-6" Single-Family 6 District with low-density residential uses. The properties to the west of the subject parcel and Flour Bluff Drive are zoned "CG-2" General Commercial District and "RS-6" Single-Family 6 District with commercial and low- density residential uses. To the east, properties are zoned "RS-6" Single-Family 6 District with low-density residential uses. The applicant is requesting an amendment to the current zoning district to accommodate a light industrial -service- use; specifically, a contractor's shop with indoor storage. The one- story metal structure will accommodate 5 tenant spaces. The "IL" Light Industrial 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. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o Corpus Christi sustains and maintains established neighborhoods. • Economic Development: o Corpus Christi has a robust "entrepreneurial ecosystem" that supports a thriving small business community. . ■ Promote a community culture that recognizes and embraces innovation and entrepreneurship. ■ Support investment of resources and capacity that support new venture startup and growth. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ Encourage the protection and enhancement of residential neighborhoods. ■ Promote the stabilization, revitalization, and redevelopment of older neighborhoods. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of lands uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. Flour Bluff ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the ADP and FLUM designation of commercial use, and particularly with the following policy initiative. • Collaborate with local and regional leaders to encourage local business investment in Flour Bluff. 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: • The proposed rezoning is consistent with the City of Corpus Christi Comprehensive Plan and future land use designation of commercial use. • While the proposed rezoning agrees with the area-specific plan to encourage local business investment, staff considered the appropriateness of the request for a light industrial -service- use within a low-density residential subdivision. The City of Corpus Christi Comprehensive Plan encourages orderly growth and proper location of land uses, and while a light industrial district may allow uses that are associated with noise, smoke, dust, odor, and other related nuisances, the activities proposed may only generate them marginally. A light industrial -warehouse and freight movement- use exists on the same block through a special permit, and a few other light industrial uses by-right further east along Flour Bluff Drive. • In determining an appropriate recommendation to the applicant's request, staff weighted the applicant's proposal against the existing and future land use pattern along Flour Bluff Drive, the general character of the area, the impact the proposed use may have on the surrounding uses, and compatibility with the surrounding properties. o The area between South Padre Island Drive, NOLF Waldron, Flour Bluff Drive, and Waldron Road, is primarily characterized by medium-density residential subdivisions with sparse low-density parcels half-acre in size. The large parcels are predominantly arranged to front Flour Bluff Drive, a proposed arterial road, and a moderate number have already transitioned into commercial uses. . o To preserve and protect the surrounding residential uses, staff recommended a compatible base zoning district that matches the nearby special permit's in light of the FLUM's prescription to enlarge several existing commercial pockets along Flour Bluff Drive, with the subject block being one. ■ While the Unified Development Code will ensure compatibility of the base zoning district with the surrounding properties, including NOLF Waldron, conditions have been crafted to ensure negative impacts are limited. ■ Staff also considered Flour Bluff Drive as it exists, a two-lane right-of-way, although a proposed 4-lane arterial. Granting the customer's request would invite access by heavier vehicles if developed by-right in the future. Planning Commission and Staff Recommendation (May 15, 2024): 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, Planning Commission and staff recommend approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. The special permit is subject to the following conditions: 1. Use: The only use allowed on the subject property other than uses permitted in the base zoning district is a light industrial service use; specifically, a contractor's shop with indoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 Landscaping of the Unified Development Code Landscaping. 3. Dumpster: All solid waste shall be confined in a dumpster screened from street, public, and neighboring views. No dumpster is permitted within the front street yard. Screening for the dumpster must be composed of a solid or opaque material that matches or compliments the building material of the principal structure. 4. Outside Storage and Display: Outside storage and display is prohibited. 5. Screening & Buffer Yard: A 10-foot-wide buffer yard and 10 points shall be required along the property boundaries adjacent to residential zoning districts. 6. Lighting: All lighting shall be shielded, and pole lights shall be of the fully 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. 7. Building Height: The building height requirement shall adhere to UDC Section 4.2.8.0 Modification of Heigh Regulations. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 08:00 PM. Customer access after 08:00 PM shall be prohibited. 9. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 10.Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 11 .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. Attachment(s): (A) Existing Zoning and Notice Area Map. (A) Existing Zoning and Notice Area Map 4. 5 P 1►7 16 CG-2 a� CN13 kk v 1 k" 14 18 SUBJECT 12 . 0 PR.OP,ERTY 11 RS- 6 15 8 RS-4 . 5 - `�UROUF 9 10 Rp. 3 RS- 6 4 5 CASE: ZN8192 Zoning and notice Area HP S RMA Multifamily 1 IL Light Industrial Rfd-2 Multifamily 2 IH Heavy Industrial RM-3 mu9tlfamiy 3 PUD Planned Unit De,Overlay ON Professional Office RS-1'0 Sing le-Famiy 10 RM15T Multifamily AT R" Single-Famly 8 CNA Nalghhorhood Commends! RS-CS SinghFamfy G.5 CN-2 Neghborhosd Commercial RS-TF Two-Family CR-1 Resort Cammercial RS-15 Single-Family 15 CR-2 Resod Commercial RE Reeidemial Estate CG-1 Genemi Commercial RS-TH Townhouse CG-2 Ganaral Cammercial SP Special Permit CI Inte^aiva Commercial I'll Recreational Vehicie Park n Comm CBD Downtowercial RMit Manufactured Home CR-3 Resort Commercial /—\ FIR Farm Rural / \ H Histnm,Overlay SUBJECT BP Business Park PROPERTY Svepcf Pmpmty p owners 4 awearswnmm2m'exan_a owners City of Lsri,I iM _ auache�^wawlah» X+a na Corpus LOCATION MAP Christi Zoning Case ZN8192 MF Newton Investments LLC r District 4 Rezoning for a property at or near e i 2245 Flour Bluff Drive From the "RS-6" Single-Family 6 District To the "CN-1/SP" Neighborhood Commercial District J With a Special Permit i SUBJECT PROPS M a s !. Y s y TUR�VF SUBJECT R PROPERTY V Cows .,,. Esd LOCATION MAP ,HERE V^' Cl Cl Xu City Council June 25, 2024 Zoning and Land Use Proposed Use: -4.5 , To allow a light industrial—service- use; specifically, a contractor's shop with storage. ADP (Area Development Plan): C G-2 Q¢y` CN-„SP Flour Bluff(Adopted on June 22, 2021) 03-01-1983 04-22-2013 FLUM (Future Land Use Map): ` Commercial I / SUBJECT Existing Zoning District: AROPE TY "RS-6" Single-Family 6 District % Adjacent Land Uses: _6 North: Low-Density Residential, ROW, Commercial; RS-4.5,, Zoned: RS-6, CG-2 02-17-2020 South: Low-Density Residential; Zoned: RS-6 f R -6 East: Low-Density Residential; Zoned: RS-6 09-17-2012 West: Low-Density Residential, ROW, Vacant; Zoned: RS-6, CG-2 Public Notification 18 Notices mailed inside the 200' buffer 4.6 2 Notices mailed outside the 200' buffer 16 $ �� CR13 Notification Area Opposed: 0 (0.00%) 18 14 12 SUBJECT � Separate Opposed Owners: (0) PROP,E TY 11 RS-6 15 In Favor: 1 (1.55%) a RS- .6 9 2QFR 1 3 RS-6 4 N 5 *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • The proposed rezoning is consistent with the City of Corpus Christi Comprehensive Plan and future land use designation of commercial use. • While the proposed rezoning agrees with the area-specific plan to encourage local business investment, staff considered the appropriateness of the request for a light industrial -service- use within a low-density residential subdivision. o A light industrial -warehouse and freight movement- use exists on the same block through a special permit, and a few other light industrial uses by-right further east along Flour Bluff Drive. • In determining an appropriate recommendation to the applicant's request, staff weighted the applicant's proposal against the existing and future land use pattern along Flour Bluff Drive, the general character of the area, the impact the proposed use may have on the surrounding uses, and compatibility with the surrounding properties. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "CN-1/SP" NEIGHBORHOOD COMMERCIAL DISTRICT WITH A SPECIAL PERMIT Special Permit Conditions 1. USE: The only use allowed on the subject property other than uses permitted in the base zoning district is a light industrial service use; specifically, a contractor's shop with indoor storage. 2. LANDSCAPING: Landscaping must be provided in accordance with Article 7.3 Landscaping of the Unified Development Code Landscaping. 3. DUMPSTER: All solid waste shall be confined in a dumpster screened from street, public, and neighboring views. No dumpster is permitted within the front street yard. Screening for the dumpster must be composed of a solid or opaque material that matches or compliments the building material of the principal structure. 4. OUTSIDE STORAGE AND DISPLAY: Outside storage and display is prohibited. 5. SCREENING AND BUFFER YARD: A 10-foot-wide buffer yard and 10 points shall be required along the property boundaries adjacent to residential zoning districts. 6. LIGHTING: All lighting shall be shielded, and pole lights shall be of the fully 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. Special Permit Conditions (Cont.) 7. BUILDILNG HEIGHT. The building height requirement shall adhere to UDC Section 4.2.8.0 Modification of Heigh Regulations. 8. HOURS OF OPERATION: The hours of operation shall be limited from 7:00 AM to 08:00 PM. Customer access after 08:00 PM shall be prohibited. 9. NOISE: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 10.OTHER REQUIREMENTS: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 11.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. 5 . r 1 _ ti a "u AA t. SUBJECT 4a 5 A 5 1 . A411 �. CASE: ZN8192 N WE Aerial View s Subject Property \ SUBJECT PROPERTY City of Esri, HERE Corpus LOCATION MAP Christi SC �o o� � AGENDA MEMORANDUM N-ORPOftAY E Public Hearing and First Reading for the City Council Meeting of June 25,2024 is 52 Second Reading for the City Council Meeting of July 16,2024 DATE: May 31 , 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 635 Yorktown Boulevard CAPTION: Zoning Case No. ZN8185, Toreros Investment II LLC (District 4). Ordinance rezoning a property at or near 635 Yorktown Boulevard from the "FR" Farm Rural District to the "CC/SP" Commercial Compatible District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval. Applicant originally requested a zoning change to the "R-MH" Manufactured Home District. Applicant consents to staff's recommendation). SUMMARY: This item is to rezone the property to bring the property into compliance as a manufactured home park with the additional commercial compatible uses. BACKGROUND AND FINDINGS: The subject property is a nonconforming manufactured home park. The property owner expressed the desire to come into compliance via rezoning for the mobile home park use (approximately 5.65 acres), but also requested additional uses for the remaining property (approximately 2.5 acres) to include commercial uses not permitted in the "R- MH" Manufactured Home District. The applicant reached out to the Community Planning Liaison Office from Naval Air Station (NASCC). The rezoning request has been discussed with NASCC and reviewed by the Technical Review Committee to ensure protection of the NASCC mission and prevent further encroachment into the APZ-II. The operational paths for the Waldron Field NOLF impact development from the eastern boundary of the property (See Attachment A —AICUZ Map in staff's report) This portion of Flour Bluff (west of Sweet Bay Drive, south of Yorktown Boulevard, and south of the Oso Bay) has largely remained undeveloped. The southern-half of the site is within the APZ-II and is the densest residential use within the area southwest of the naval base. Low-density residential uses along the block face along the west side Waldron Road and south of Yorktown Boulevard exist. The predominant use for the remaining parcels is agricultural. An area-wide rezoning in 1983 rezoned most of the lands around the base to districts with large lot development requirements; and a considerable amount of land around the base are owned by the United States government, especially those within the clear zone overlays, and were an effort to control development around the naval base. To the north, properties are zoned "RS-6" with public semi-public uses. To the south, properties are zoned "RE" and are vacant. To the east, properties are zoned "RS-6" and "R-MH" and are vacant. To the west, properties are zoned "FR" and uses are vacant and public semi-public. The proposed rezoning is consistent with many elements and goals of Plan CC; however, is inconsistent with the FLUM's designation of Low-Density Residential. Public Input Process Number of Notices Mailed: 7 notices were mailed within the 200-foot notification area, and 3 outside the notification area. As of June 21 , 2024: In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "FR" Farm Rural District to the "CC/SP" Commercial Compatible District with a Special Permit on May 15, 2024. The Special Permit will be subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: a. Boat Storage (UDC §4.5.2 Self-Service Storage Uses) b. Recreational Vehicle Park (UDC §6.1 Recreational Vehicle Park District) 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan. 3. Military Compatibility Area Overlay District (MCAOD): a. Additional encroachment of uses and/or structures beyond the site plan into the Accident Potential Zone II (APZ-II) of the Air Installation Compatibility Use Zone (AICUZ) as part of the MCAOD is prohibited. b. Recreational Vehicle sites located within APZ-II are permitted to remain in their current location. No additional recreational vehicle sites are permitted to encroach into APZ-II. 4. Buffer Yard: A type A buffer yard consisting of a solid screening fence 6 feet in height must be constructed, maintained, and remain in place between abutting residential zoning districts. 5. Lighting: Lighting must be compliant with the MCAOD overlay. LED or internally illuminated lighting is prohibited. 6. Time Limit: Per 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. This Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results For: 7 Against: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8185, Toreros Investment II LLC (District 4). Ordinance rezoning a property at or near 635 Yorktown Boulevard from the "FR" Farm Rural District to the "CC/SP" Commercial Compatible District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval. Applicant originally requested a zoning change to the "R-MH" Manufactured Home District. Applicant consents to staff's recommendation). 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, 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 24A Section 51, Flour Bluff and Encinal Farm and Garden Tract, as shown in Exhibit A, from: the "FR" Farm Rural District to the "CC/SP" Commercial Compatible District with a Special Permit. The subject property is located at or near 635 Yorktown Boulevard. 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. Uses: The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: a. Boat Storage (UDC §4.5.2 Self-Service Storage Uses) b. Recreational Vehicle Park (UDC §6.1 Recreational Vehicle Park District) 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan, Exhibit B. 3. Military Compatibility Area Overlay District (MCAOD): a. Additional encroachment of uses and/or structures beyond the site plan into the Accident Potential Zone II (APZ-II) of the Air Installation Compatibility Use Zone (AICUZ) as part of the MCAOD is prohibited. b. Recreational Vehicle sites located within APZ-II are permitted to remain in their current location. No additional recreational vehicle sites are permitted to encroach into APZ-II. 4. Buffer Yard: A type A buffer yard consisting of a solid screening fence 6 feet in height must be constructed, maintained, and remain in place between abutting residential zoning districts. 5. Lighting: Lighting must be compliant with the MCAOD overlay. LED or internally illuminated lighting is prohibited. 6. Time Limit: Per 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. This 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 superseded. 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. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 4 Exhibit A RS- 6 G- r°R �O C G- 1 SUBJECT PROPERTV RS-6 o= RE RE RMH CASE: ZN8185 4�x e W N p SUBJECT PROPERTY WITH ZONING ""4a ® � 5 Subject Property WA., A-1 AFa—Huse D,s,, .1 L,mlted Industrial D— y.ncm•t A-IA Apaovnenl House D,,—, -2 LyM InduSmi+D-.q A-2 Apartrrxmt House Dmttkt I3 Heavy Indusviel Dis[ritt AS Frofessional Office D'.— PVD Planned Vnn Deveiapment rM AT Apaynpnl-Tounst Des RAA Due F—.y D.41mg Dzmp B-1 Neighborhood Business Distrrtt R-IB One Family Dv limn Di'Inci Tilnn7 rvsy 6-1A Neighborhood Buziness Dismet RAC One Family G 11,n D- 6-2 Bayhan Busueess Dstrwi R-2 Mohple DrelGng D,sv,a B-2A Bauer Island Business Disbitl RA One Family Dmelling D- 6-1 Du—ssOma Re R--.d—dalE—eD3 SUBJECT B< General B—,ness onv,. R-TH Tmn—,.D H,N D— PROPERTY 13 -5 Prenary Business Davin SP 5peeial Permh B-e Pnmary Buznvess Cw Damn T-IA Tavel Trailer Fart D,sml BD Ca Ch,is;Bead,Design D- T.1H Manreartured H-e Fad,D.ma City of Csii.HIRE FJ Farm Runl D-1 T-lC Manulantured Hexrre Subdivisim Co177tt5 I O AT/6 All/1� HC Hxstvncal-Cuttwal La„dmark D,sbc[ L- Ll�I111 VI• FreservaCon C}71 Itih Page 3 of 4 Exhibit B cm a ^� } C= . 21 H F-- W a � W y wif a LIJ a- W u ¢° gZpAi m ,e O. - ag�4aau¢ 3 bg. -a°a wtisvivr__ --II-- OICZ a / s V a r a w - - t Page 4 of 4 ZONING REPORT Case # ZN8185 Applicant & Subject Property District: 4 Owner: Toreros Investments II, LLC Applicant: Toreros Group Address: 635 Yorktown Boulevard, located along the southside of Yorktown Boulevard, the west side of Waldron Road, and south of Waldron Field NOLF (Naval Outlying Landing Field) Legal Description: Lot 24A Section 51 , Flour Bluff and Encinal Farm and Garden Tract Acreage of Subject Property: 8.95 acres Pre-Submission Meeting: March 30, 2023 Zoning Request From: "FR" Farm Rural District To: ""CC/SP" Commercial Compatible District with a Special Permit Purpose of Request: To bring the property into compliance as a manufactured home park and recreational vehicle park with the additional commercial compatible uses. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Low-Density Residential Mobile Home North "RS-6" Single-Family 6 Public Semi-Public Transportation South ""RE" Residential Estate Estate Residential "RS-6" Single-Family 6 East "R-MH" Manufactured Vacant Low-Density Residential Home West "FR" Farm Rural Vacant Public Semi-Public Plat Status: The subject property is not platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is within the MCAOD District (APZ-II) of NOLF Waldon. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing Yorktown 4 Lanes with median 2 Lanes, Boulevard "A2" Secondary 100 feet ROW 80 feet ROW Arterial Divided 54 feet paved 21 feet paved Designation Section Proposed Section Existing Waldron Road "A1" Minor Arterial 4 Lanes, 2 Lanes, Undivided 95 feet ROW 75 feet ROW 54 feet paved 25 feet paved Transit: The Corpus Christi RTA provides service to the subject property via Route 4 Flour Bluff with a stop at the corner of Waldron Road and Yorktown Boulevard. Bicycle Mobility Plan: A planned 1-way Cycle Track (both Sides) is proposed along Yorktown Boulevard, running parallel to the subject property. Utilities Gas: 4-inch WS line exists along Yorktown Boulevard. Stormwater: A storm ditch runs along Yorktown Boulevard. Wastewater: None. Water: 42-inch line exists along Yorktown Boulevard. Corpus Christi Comprehensive Plan (Plan CC) 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Flour Bluff Area Development Plan (Adopted on June 22, 2021). 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 7 within a 200-foot notification area 3 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0% in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: May 15, 2024 City Council 1st Reading/Public Hearing Date: June 25, 2024 City Council 2►,d Reading Date: July 16, 2024 Background: The subject property is a nonconforming manufactured home park. The property owner expressed the desire to come into compliance via rezoning for the mobile home park use (approximately 5.65 acres), but also requested additional uses for the remaining property (approximately 2.5 acres) to include commercial uses not permitted in the "R-MH" Manufactured Home District. The applicant reached out to the Community Planning Liaison Office from Naval Air Station (NASCC). The rezoning request has been discussed with NASCC and reviewed by the Technical Review Committee to ensure protection of the NASCC mission and prevent further encroachment into the APZ-II. The operational paths for the Waldron Field NOLF impact development from the eastern boundary of the property (See Attachment A—AICUZ Map) This portion of Flour Bluff (west of Sweet Bay Drive, south of Yorktown Boulevard, and south of the Oso Bay) has largely remained undeveloped. The southern-half of the site is within the APZ-II and is the densest residential use within the area southwest of the base. Low-density residential uses along the block face along the west side Waldron Road and south of Yorktown Boulevard exist. The predominant use for the remaining parcels is agricultural around the base. An area-wide rezoning in 1983 rezoned most of the lands around the base to districts with large lot development requirements. A considerable amount of lands around the base are also owned by the United States government, especially those within the clear zone overlays, and were an effort to control development around the base, especially, within the no build zone. To the north, properties are zoned "RS-6" with public/semi-public uses. To the south, properties are zoned "RE" and are vacant. To the east, properties are zoned "RS-6" and "R-MH" and are vacant. To the west, properties are zoned "FR" and uses are vacant and public semi-public. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. • Transportation and Mobility: o Goals: Corpus Christi has an efficient and safe transportation network, including bicycles, pedestrians, public transportation, aviation, shipping, trucks and automobiles, that is integrated with land uses and promotes transportation choice, healthy lifestyles, sustainable development patterns, and economic development. ■ Strategies: Support a multi-modal transportation network that is integrated with land uses, where destinations are easily connected by accessible paths. ■ Strategies: Promote desirable patterns of development consistent with the Urban Transportation and Future Land Use Plans. • Future Land Use, Zoning, and Urban Design: o Encourage orderly growth of new residential, commercial, and industrial areas. o 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. Flour Bluff Area Development Plan (ADP) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is not consistent with the Flour Bluff ADP and FLUM designation of use of low-density residential. 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: • The proposed rezoning is consistent with many elements and goals of Plan CC; however, is inconsistent with the FLUM's designation of Low-Density Residential. • While the site complies with the Unified Development Code's development standards with an available 8.95 acre of land, more than half of the site lies within APZ-II. Residential uses are prohibited in clear and accident potential zones. • Staff weighed the applicant's proposal against the appropriateness of the request in proximity to the Waldron Field NOLF, the APZ-II. Staff also considered potential future enlargement of AICUZ's current footprint to include compatibility of the proposed use with the surrounding properties. • Staff determined that the "CC" Commercial Compatible District to be appropriate. The "CC" District is designed to provide for a wide range of business uses in appropriate locations, which can be used as a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety, and welfare. • Permitting the manufactured home park use to continue through the granting of a special permit would maintain and supply the affordable housing stock in the area; however, upon discontinuation, use will be limited to those permitted within the commercial compatible district, most fitting to base operations. • The redevelopment would not negatively impact surrounding properties as it has been in existence for over 20 years. The site is bounded on two sides by rights-of-way, with a place of worship located west of the subject parcel, and single-family structure sited 200 feet from the common property line to the south. Planning Commission and Staff Recommendation (May 15, 2024): 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, Planning Commission and staff approval of the requested change of zoning to the "CC/SP" Commercial Compatible District with a Special Permit and the following conditions. 1. Uses: The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: a. Boat Storage (UDC §4.5.2 Self-Service Storage Uses) b. Recreational Vehicle Park (UDC §6.1 Recreational Vehicle Park District) 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan. 3. Military Compatibility Area Overlay District (MCAOD): a. Additional encroachment of uses and/or structures beyond the site plan into the Accident Potential Zone II (APZ-II) of the Air Installation Compatibility Use Zone (AICUZ) as part of the MCAOD is prohibited. b. Recreational Vehicle sites located within APZ-II are permitted to remain in their current location. No additional recreational vehicle sites are permitted to encroach into APZ-II. 4. Buffer Yard: A type A buffer yard consisting of a solid screening fence 6 feet in height must be constructed, maintained, and remain in place between abutting residential zoning districts. 5. Lighting: Lighting must be compliant with the MCAOD overlay. LED or internally illuminated lighting is prohibited. 6. Time Limit: Per 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. This Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Attachment(s): (A) Metes & Bounds Description and Exhibit (B) Existing Zoning and Notice Area Map. (C) Site Plan (D) AIZUZ Map (A) Metes & Bounds Description and Exhibit LEGEND o 100 200 4¢0 CH IRON ROD SET IN T GRAPHIC SCALE INCH IRON ROD FOUND 1"=200' YOR O I}1 BLVD. L=15.71 R=10.00' C 618.80'V r B NIB' 38' 57"W l 0.00 CD CD d Cweg cc Lnn+r�Q W a; U N0 i L` = 38983d.5 S.F. � _62�0 CD C v z f (All POINT OF COMMENCING BEGINNING POINT N61' 38' 56.620W 604.94' 1- M 56.62"E 23.86' tit LOT 24-0, . ARTURO NIEDIN SECTION ��, ................... FLOUR BLUFF & ENCINALNALFARM AND GARDEN TRACTS 6669 V E HW'Er 02l2712Q23 lrC YORK ENGINEERING BASIS OF BEARINGS ARE FROM THE VERTICAL 'CIVIL • PLANNING • CONSULTING CONTROLS BASED ON NAVD88, GEOID I2B, KIND —1 s,MPE I&L-D PR.."JITE n-A- I CONS WWI I iE-I& I Wl. HOR17ONTAL CONTROLS BASED ON GPS, NA683, STATE 361P-5-'m I roRKEnG{ow I TE-A EWInffA FOP`+F-}a.ca PLANE COORDINATE SYSTEM, TEXAS SOUTH ZONE 42D5. FP nJECr no,isc•_rz_n2 .`2925C'f 7M E+gNEEFIYV.IM1C (B) Existing Zoning and Notice Area Map �d94�d RS-6 CG- 3 yQR CG- 1 2 O 4 RQ,DE Y y R�jo�N Rs- s 7 o= a� 5 RE RMH RE 6 CASE: ZN8185 H R` t V W F, Zoning and notice Area S RM-1 Multifamily IL Light Industrial RM-2 Multlfamlly2 IH Heavy Industrial RM.3 Multifamily 3 PIID Planned Unit Day.Overlay ON Professional Office RS-1U Single-Family 10 Yt411n rrn RM-AT MUItNamily AT RS-1i Single-Family 6 CNA Wighmerhood Commercial RS-4.5 Single-Family 4.5 -n Cs t CN.2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS•TH Townhouse CO-2 General Commercial SP Special Penmlt laiurO.M°a Cl Intensive Commercial RV Recreational Vehicle Park CBO Downtown Commercial RMH Manufactured Home CR.3 Resort Commercial —- Fit Farm Rural H Hi""Overlay SUBJECT eP Business Park PROPERTY Subject Pmpeny 0 Owners wa612W'6ufler mlawr 4 avnarswmmxn'nsrcdnn ownas Cityol' Esn,HERE atPachadownershiplahle Xlnnpposi�nn Corpus LOCATION MAP C� (C)Site Plan CM z J L tI9 2 vaUi® a c - CD �� Z �= uja w crag Z � u n WCD � Li = J L5 x I Naxmrve� .aaNcHag4ik '3 ow dx sz F I / a i - m ,O-on q M O'OZ9�� (D) AICUZ Map �SU�a �©' 'N SUB.JE F r°RkTa PRQPER�T�V N CASE: ZN8185 AICUZ - 5 0 APZ-1 �] APZ-2 0 CZ SUBJECT PROPERTY 0(c«f, Esri,HEI�E [ LOCATION MAP [ hrl ii Zoning Case ZN8185 The Toreros Investments II, LLC District 4 t' - Rezoning for a property at or near 635 Yorktown Boulevard From the "FR" Farm Rural District to the "CC/SP" Commercial Compatible District with a Special Permit UB ECT u{�. \ i W SUBJECT PROPERTY E,HERE N - - ('olpiu LOCAMN MAP 1 (ililli City Council June 25, 2024 Zoning and Land Use Proposed Use: To bring the property into compliance as a manufactured home park, RV park, with the rrs-s� c - additional commercial compatible uses. Ord 017506 ADP (Area Development Plan): & 1983 G Flour Bluff(Adopted June 21, 2022) -1 SUBJECT FLUM (Future Land Use Map): pQppE Low-Density Residential Existinq Zoninq District: RS-6 FIR— Farm Rural �a Ord 017506 1983 Adjacent Land Uses: North: Public Semi-Public; Zoned: RS-6 RE RE N South: Estate Residential; Zoned: RE MH Ord 025927 East: Vacant; Zoned: RS-6, R-MH 2004 Ord 023927 2000 West: Vacant, Public Semi-Public; Zoned: FIR NOLF Waldron MCAOD Overlay Zones AICUZ Air Installation Compatible Use Zone APZ-1 Accident Potential Zone I r� APZ-11 e"O Accident Potential Zone 11 CZ SUBJECT / �'"°a PROPERTY r Clear Zone f ao Boa.' 9 �e N NOLF Naval Outlying Landing Field Waldron; MCAOD Military Compatibility Area Overlay District Public Notification 7 Notices mailed inside the 200' buffer 3 Notices mailed outside the 200' buffer RS-6 3 Notification Area y G-f 2 Opposed: 0 (0.00%) a BUB JEC T Separate Opposed Owners: (0) R PROPERTY k -6 In Favor: 0 (0.00%) , 3� 5 R MH RE 6 *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • While the site complies with the Unified Development Code's development standards with an available 8.95 acre of land, more than half of the site lies within APZ-II. Residential uses are prohibited in clear and accident potential zones. • Staff weighed the applicant's proposal against the appropriateness of the request in proximity to the Waldron Field NOLF, the APZ-II and potential future enlargement of the AICUZ's current footprint, and the compatibility of the proposed use with the surrounding properties. • The "CC" Commercial Compatible District is designed to provide for a wide range of business uses in appropriate locations, which can be used as a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety, and welfare PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "CC/SP" COMMERCIAL COMPATIBLE WITH A SPECIAL PERMIT Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other - - -- �va.e, aso.o' .- Poo than those permitted in the base zoning district are as - I- - follows: j a. Boat Storage (UDC §4.5.2 Self-Service Storage Uses) b. Recreational Vehicle Park (UDC §6.1 Recreational 0 Vehicle Park District) \ A=2.57 Acres o� 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan. / os 3soo' _I 3. Military Compatibility Area Overlay District (MCAOD): � �EX M6�H�AES a. Additional encroachment of uses and/or structures A=a.38 Ares beyond the site plan into the Accident Potential Zone II I XAP22AICUZ BCMeOARY (APZ-II) of the Air Installation Compatibility Use Zone (AICUZ) as part of the MCAOD is prohibited. E%.MOBII£HOMES T b. Recreational Vehicle sites located within APZ-II are permitted to remain in their current location. No additional recreational vehicle sites are permitted to 628 asE6,E encroach into APZ-I I. Special Permit Conditions (Cont.) 4. Buffer Yard: Type A buffer yard consisting of a solid va.e, q x.o.w.l aao.o' op screening fence 6 feet in height must be constructed, maintained, and remain in place between abutting residential zoning districts. 5. Lighting: Lighting must be compliant with the MCAOD \ A=2.57 Acres o� overlay. LED or internally illuminated lighting is prohibited. \ n k 6. Time Limit: Per the UDC, this Special Permit shall be xs 3500' I o^ deemed to have expired within 12 months of this ordinance unless a complete building permit application has been EX.MNIIE HWES` submitted. This Special Permit shall expire if the allowed A=a.38 AEres use is discontinued for more than six consecutive months. Pz-z AIICUZ BCOOOnRY `E%.NORM£HOMES 6288' I—INAGE EASEMENT CASE;ZN8185 se 0 0 PH P AGENDA MEMORANDUM NCORPO0.1¢ Action Item for the City Council Meeting of July 16, 2024 1852 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(o-)-cctexas.com 361-886-2603 Purchase of a handheld mass spectrometer chemical detection system for the Corpus Christi Police Department CAPTION: Motion approving the purchase of one new MX908 Handheld Mass Spectrometer for chemical detection of controlled substances from FarrWest Environmental Supply, of Schertz,Texas, through the HGAC Cooperative for the Corpus Christi Police Department for $72,997.17, with FY 2024 funding in the amount of$72,997.17 from the FY 2024 Police General Fund. SUMMARY: This motion approves the purchase of one new MX908 handheld Mass Spectrometer for chemical detection of known and unknown controlled substances for the Corpus Christi Police Department. BACKGROUND AND FINDINGS: As part of their regular duties, Corpus Christi Police Department (CCPD) officers are required to collect fentanyl to test and store it. Currently, CCPD uses conventional field tests that require opening packages of unknown substances that possibly contain fentanyl or other hazardous substances. However, the District Attorney's Office does not accept conventional field tests for prosecution, but it will accept tests conducted with a mass spectrometer device. The MX908 Handheld Mass Spectrometer will not only allow for safer testing of substances but will make the submission of tested substances acceptable to the District Attorney's Office for prosecution. The MX908 Handheld Mass Spectrometer is a handheld device that is used to identify known and unknown controlled substances including Fentanyl. It allows polices officers to test controlled substances in a safe manner as compared to the conventional field tests that are currently used. The MX908 Handheld Mass Spectrometer works by sending electric and magnetic fields through the substance to determine its chemical properties. It then provides a reading of what the substance is to the person operating the device. If testing is needed, the MX908 Handheld Mass Spectrometer will be deployed to the field for testing. If the suspected illicit substance tests positive, then it will be seized as evidence. The results of a positive test will be stored in the MX908 Handheld Mass Spectrometer. The MX908 Handheld Mass Spectrometer will then be brought back to the Narcotics Vice Investigation Division office where the results will be downloaded. Once downloaded, a report will be printed that includes the positive results, and this report will be included in the case file that is submitted to the District Attorney's Office. Another benefit to the MX908 Handheld Mass Spectrometer is that it will allow police officer to test pills. If the tested pills test positive for Fentanyl or other controlled substances, then the possession of the illegal pills can be increased from misdemeanor charges can be enhanced to a felony. CCPD does not currently have a mass spectrometer. The MX908 Handheld Mass Spectrometer will be housed at Corpus Christi Narcotics Vice Investigation Division (NVID) office ALTERNATIVES: The alternative is not to approve the purchase of the MX908 Handheld Mass Spectrometer and to continue with the use of field tests. However, this will put police officers at a higher risk of direct exposure of illicit substances like fentanyl. It will also result in a less likelihood of the District Attorney's Office accepting cases for prosecution. PROCUREMENT DETAIL: This procurement is through the HGAC Cooperative. Contracts awarded through the cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Purchasing conducted an extensive search for other competitive quotes for several different mass spectrometer models; however, there were no other models that had all of the same capabilities and specifications as the MX908 Handheld Mass Spectrometer other than through the HGAC Cooperative and Fisher Scientific. (this equipment is not available locally). The table below provides a cost comparison between FarrWest Environmetal Supply through the HGAC Cooperative and a competitive quote from Fisher Scientific. HGAC Co-op Price Item Fisher Scientific (FarrWest Variance in $ Variance % Environmental Supply) Mass Spectrometer $103,787.79 $72,997.17 $30,790.62 29.66% MX908 FINANCIAL IMPACT: The funds are available from the FY 2024 Police General Fund in the amount of$72,997.17. Funding Detail: Fund 1020 Organ ization/Activity: 11740 Department# 29 Project # (CIP Only): N/A Account: 520090 - Minor Tools and Equipment Amount: $72,997.17 RECOMMENDATION: Staff recommends submission of the purchase of the MX908 Handheld Mass Spectrometer, as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet City of Corpus Christi Price Sheet Finance & Procurement Mass Spectrometer Sr. Buyer: Marco Lozano HGACBuy Purchasing Program # EP1 1-20 FarWest Environmental Supply, Inc. of Schertz, Texas Item Qty Description Unit Cost Extended Cost MX908-c,handheld mass spec chemical detection system for gas/vapor,liquids and solids.Includes one(1)Training Kit, Chemical Samples(415-00044),one(1)year warranty and support;one(1)on-site training class(10 students max, 1 1 expires 6 months after purchase,CONUS only);Type A $ 71,775.00 $ 71,775.00 plugs;Trace,Vapor Modules.Available to US customers or with pre-approval/export license as required.Note: MX908-01-1-0-03-00 replaces MX908-01-1-0-03,and reflects the same device,warranty/support,training and hardware configuration 908 DEVICES MX908 FOAM-TIPPED APPLICATOR 2 2 SWABS,6 IN(15 CM),PLASTIC SHAFT,MX908(50 $ 43.56 $ 87.12 COUNT) 3 5 908 DEVICES MX908 TRACE SAMPLING SWABS, $ 197.01 $ 985.05 100CT. Li 1 SHIPPING $ 150.00 $ 150.00 TOTAL $ 72,997.17 � S cl �o o� � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 16, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure Wesl eyN(a-)cctexas.com (361) 826-3111 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(o-)cctexas.com (361) 826-3169 Supply Agreement for Fire Hydrants CAPTION: Motion authorizing the execution of a one-year supply agreement, with two one-year options, with ACT Pipe & Supply, Inc., of Houston with an office in Corpus Christi, in an amount not to exceed $345,022.00, with a potential up to $1 ,035,066.00 if options are exercised, to purchase fire hydrants for Corpus Christi Water, with FY 2024 funding of $86,255.50 from the Water Fund. SUMMARY: This motion authorizes a one-year supply agreement with ACT Pipe & Supply for the purchase of fire hydrants for Corpus Christi Water (CCW). These fire hydrants are for new and replacement installations. BACKGROUND AND FINDINGS: CCW maintains approximately 12,000 fire hydrants throughout the water distribution system. CCW warehouse purchases and stocks fire hydrants for new and replacement installations due to condition, damage, or new construction. This contract is critical to ensuring maintenance and repairs occur in a timely manner. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bids process to obtain bids for a new supply agreement. The City received three responsive bids. Staff is recommending the award to the lowest responsive, responsible bidder, ACT Pipe & Supply. ACT Pipe & Supply outbid the others and results in a decreased cost of 8.58%, a savings of approximately $32,390.00 from the previous agreement in 2022. Variance Variance Description 2022 2024 Total Cost Percent Savings Savings Fire Hydrants $377,412.00 345,022.00 $32,390.00 8.58% ALTERNATIVES: An alternative to accepting this bid would be to require CCW to purchase the fire hydrants on an as-needed basis, which could cause a delay due to the procurement process. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Corpus Christi Water for FY 2024 is $86,255.50 from the Water Fund. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31520 Treated Water Delivery Systems Department: 45 Water Project # (CIP Only): N/A Account: 520130 Maintenance and Repairs Amount: $86,255.50 RECOMMENDATION: Staff recommends approval of this motion to execute authorization of a one-year supply agreement with two additional one-year option periods with ACT Pipe & Supply, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB#5817 Buyer:John DeLaGarza Fire Hydrants for CCW ACT Pipe&Supply Moore Supply Ferguson Enterprises Houston,Texas Corpus Christi,Texas Corpus Christi,Texas city 1-Yr Equivalent Equivalent Equivalent ITEM Stock Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 3 Foot Bury Fire Hydrant,Improved 1 2324 Mechanical Joint AFCB848LAOLMCCTX EA or equivalent 24 $ 2,190.00 $ 52,560.00 $ 2,360.00 $ 56,640.00 $ 2,435.51 $ 58,452.24 3-1/2 Foot Bury Fire Hydrant,Improved 2 2325 Mechanical Joint AFCB848LAOLNCCTX EA or equivalent 36 $ 2,243.00 $ 80,748.00 $ 2,450.00 $ 88,200.00 $ 2,494.80 $ 89,812.80 4 Foot Bury Fire Hydrant,Improved 3 2326 Mechanical Joint AFCB848LAOLPCCTX EA or equivalent 36 $ 2,297.00 $ 82,692.00 $ 2,475.00 $ 89,100.00 $ 2,554.30 $ 91,954.80 4-1/2 Foot Bury Fire Hydrant,Improved 4 2327 Mechanical Joint AFCB848LAOLRCCTX EA or equivalent 24 $ 2,350.00 $ 56,400.00 $ 2,530.00 $ 60,720.00 $ 2,613.51 $ 62,724.24 5 Foot Bury Fire Hydrant,Improved 5 2328 Mechanical Joint AFCB848LAOLSCCTX EA or equivalent 12 $ 2,403.00 $ 28,836.00 $ 2,590.00 $ 31,080.00 $ 2,672.86 $ 32,074.32 5-1/2 Foot Bury Fire Hydrant,Improved 6 2329 Mechanical Joint AFCB848LAOLTCCTX EA or equivalent 12 $ 2,456.00 $ 29,472.00 $ 2,650.00 $ 31,800.00 $ 2,732.11 $ 32,785.32 7 5002 6 Inch Extension for Hydrants Bid EA AFCMK73U or equivalent 16 $ 329.00 $ 5,264.00 $ 500.00 $ 8,000.00 $ 361.22 $ 5,779.52 8 5003 12 Inch Extension for Hydrants Bid EA AFCMK7312 or equivalent 12 $ 379.00 $ 4,548.00 $ 580.00 $ 6,960.00 $ 418.37 $ 5,020.44 9 5005 18 Inch Extension for Hydrants Bid EA AFCMK7318 or equivalent 6 $ 429.00 $ 2,574.00 $ 660.00 $ 3,960.00 $ 487.76 $ 2,926.56 10 3615 24 Inch Extension for Hydrants Bid EA AFCMK7324 or equivalent 4 $ 482.00 $ 1,928.00 $ 750.00 $ 3,000.00 $ 548.98 $ 2,195.92 Grand Total $ 345,022.00 $ 379,460.00 $ 383,726.76 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF SC G� SUPPLY AGREEMENT NO. 5817 U Fire Hydrants for Corpus Christi Water yCaeaoRp 1852 THIS Fire Hydrants for Corpus Christi Water Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and ACT Pipe & Supply ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Fire Hydrants for Corpus Christi Water in response to Request for Bid No. 5817 ("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 Fire Hydrants for Corpus Christi Water 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 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 two additional one-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 $345,022.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF 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: Robert Presnell Department: CCW Phone: 361-826-1750 Email: RobertPR@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 Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF 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 Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF 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: Robert Presnell Title: Stores Supervisor Address: 2325 Hygeia St, Corpus Christi, TX 78415 Phone: 361-826-1750 Fax: 361-826-1690 IF TO CONTRACTOR: ACT Pipe & Supply Attn: Casey James Title: Sales Representative Address: 1845 Suntide Rd., Corpus Christi, TX 78409 Phone: 361-248-4420 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 Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF 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 Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF 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. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF CONTRACTOR Docu Signed by: Signature: �&S" �auxc s Printed Name'. Casey lames Title: Sales Representative Date: 5/29/2024 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 Incorporated by Reference Only: Exhibit 1 : RFB No. 5817 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF ATTACHMENT A: Scope of Work General Requirements/Background Information The City uses and stocks fire hydrants at the CCW (Corpus Christi Water) Warehouse for use by the Fire Department for municipal water distribution and fire service. Scope of Work A. The Contractor shall provide fire hydrants, as outlined on the bid/pricing schedule. B. The Contractor shall cross reference the manufacturer model number listed on the bid/pricing schedule to bid American Flow Control or an approved equal. Contractor Quality Control and Superintendence A. The shutoff shall be of the compression type only. B. Fire hydrants shall be defect free, properly packed and shipped to ensure a safe delivery. C. Fire hydrants shall be of the traffic model type equipped with a safety flange or collar on both the hydrant barrel and stem. Functional and Performance Requirements A. Fire hydrants shall meet AWWA C-502 specifications with latest revisions. B. The inlet shall be ASA-A21.1 1 (latest revision thereof) mechanical joint for size 6- inch, Class 150, cast iron pipe. A complete set of joint material shall be furnished with each hydrant. C. Each hydrant shall have two-hose nozzles and one pumper nozzle. Nozzle shall be readily replaceable threaded or cam-locked into hydrant body. D. The hydrants shall be furnished in bury length as specified on the bid/pricing sheet. E. Diameter (nominal inside) of hose and pumper nozzles -The hose nozzle shall be two and one-half inches inside diameter and the pumper nozzle shall be four inches inside diameter. F. The hose nozzles shall have two and one-half inch National Standard Thread (7 1/2 threads per inch). The pumper nozzle shall have six thread per inch with an outside diameter of 4.658 inches, pitch diameter of 4.543 inches and a root diameter of 4.406 inches. G. Harnessing lugs are not required. H. Fire hydrants shall include nozzle cap gaskets. I. Tapping of drain opening for pipe thread is not required. Page 1 of 3 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF J. Fire-Hydrants shall include a drain opening. K. Fire hydrants shall open left (counterclockwise). L. That portion of the fire hydrant above the ground line shall be painted chrome yellow. M. The operating and cap nuts shall be tapered pentagon one and one fourth (1 1/4) inch point to face at base and one and one-eighth (1 1/8) inch point to face at top of the nut. N. Hydrants shall be furnished without nozzle cap chains. O. Fire hydrants' main valve opening shall not be less than five and one-quarter inches inside diameter. P. The main valve facing of the hydrant shall be rubber with 90 + one Durometer hardness. When the main valve lower washer and stem nut are not an integral casting then the bottom stem threads shall be protected with a ductile and/or bronze cap nut and a stainless steel and/or bronze lock nut. Q. Fire hydrants shall be made in two (2) or more barrel sections with flanges connecting the barrel to the elbow to the packing plate. R. Fire hydrants shall be equipped with a breakable coupling on both the barrel section and the stem. These couplings shall be at least two inches above the finished grade line. The coupling shall be designed so that in case of traffic collision the barrel and stem collar will break before any other part of the hydrant breaks. S. Fire hydrants shall be designed as to permit its extension without excavating after the hydrant is completely installed. T. Weakened steel or weakened cast iron bolts that are used in the breakable barrel couplings will not be acceptable. U. Stems that have operating thread located in the waterway shall be made of manganese bronze, everdure, or other high quality non-corrodible metal. Stems that do not have operating threads located in the waterway must be sealed by a packing gland or O-ring seal located between the stem threads and the waterway. Iron or steel stems shall be constructed with a bronze sleeve extending through the packing gland or O-ring seal area. The sleeve shall be of sufficient length to be in the packing or O-ring seal in both open and closed positions of the main valve. The sleeve shall be secured to the steel stem so as to prevent water leakage between the two when subjected to 300 pounds hydrostatic test pressure. V. Drain valves operating through gravity are not acceptable. Page 2 of 3 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF I W. The operating stem nut shall be designed to prevent seepage, rain or sleet and the accumulation of dust between the operating nut and the hydrant top. The operating stem nut shall be made of bronze. X. Fire hydrants having the threaded part of the stem at the hydrant top shall be equipped with a packing gland or an O-ring seat immediately below the threaded section of the stem. Y. The valve seat ring shall not be made an integral part of the shoe. The valve seat ring shall be bronze and shall thread into a bronze drain ring. Special Instructions A. Ordering and Delivery 1 . City will place an order on an as needed basis. 2. The Contractor shall ship the materials within 2 weeks of received order to the CCW Warehouse, located at 2726 Holly Rd., Corpus Christi, Texas 78415. 3. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 4. The Contractor must send Technical data sheet along with the delivery of the material. City will not accept any products that do not conform to the specifications. 5. If any items found defective, unusable, or inoperable to the condition, Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6. The Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the set time frame. 7. Cancellations shall be in writing and sent to Contractor by email, fax, or mail. 8. No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor's inability to meet the deadline delivery date. B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable, or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page 3 of 3 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF �Q,gusc� ATTACHMENT B: BID/PRICING SCHEDULE o � RFB No. 5817 /N0011POORtEO Fire Hydrants for Corpus Christi Water 1852 Date: 05/21/2024 PAGE 1 OF 2 Authorized Bidder: Signature: Ins ACT PIPE & SUPPLY 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. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. MODEL NUMBER REFERENCED ON DESCRIPTION IS USED FOR COMPARABLE PURPOSES ONLY; MUST FILL OUT ONE COLUMN FOR EITHER MODEL # UNIT PRICE OR EQUIVALENT UNIT PRICE (SUBS). city -Year Model # Equivalent Item Stock Description Unit Total Price # Qty ' Unit Price Unit Price 3 Foot Bury Fire Hydrant, Improved 1 2324 Mechanical Joint EA 24 $ $2,190.00 $52,560.00 AFCB84BLAOLMCCTX or equivalent 3-1/2 Foot Bury Fire Hydrant, Improved 2 2325 Mechanical Joint EA 36 $ $2,243.00 $80,748.00 AFCB84BLAOLNCCTX or equivalent Page 1 of 2 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF city 1 Year Model # Equivalent Item Stock Description Unit Total Price # Qty Unit Price Unit Price 4 Foot Bury Fire Hydrant, Improved 3 2326 Mechanical Joint EA 36 $ $2,297.00 $82,692.00 AFCB84BLAOLPCCTX or equivalent 4-1/2 Foot Bury Fire Hydrant, Improved 4 2327 Mechanical Joint EA $2,350.00 AFCB84BLAOLRCCCT 24 $ $56,400.00 X or equivalent 5 Foot Bury Fire Hydrant, Improved 5 2328 Mechanical Joint EA 12 $ $2,403.00 $28,836.00 AFCB84BLAOLSCCTX or equivalent 5-1/2 Foot Bury Fire Hydrant, Improved 6 2329 Mechanical Joint EA 12 $ $2,456.00 $29,472.00 AFCB84B LAOLTCCTX or equivalent 6 Inch Extension for Hydrants Bid I EA 7 5002 AFCMK73U or 16 $ $329.00 $5,264.00 equivalent 12 Inch Extension for Hydrants Bid EA 8 5003 AFCMK7312or 12 $ $379.00 $4,548.00 L equivalent 18 Inch Extension for 9 5005 Hydrants Bid EA 6 AFCMK7318 or $ $429.00 $2,574.00 equivalent 24 Inch Extension for 10 3615 Hydrants Bid EA 4 AFCMK7324 or $ $482.00 $ 928.00 equivalent Grand Total $345,022.00 Page 2 of 2 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF ATTACHMENT C: NO INSURANCE REQUIREMENTS The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts - Supply Agreements - Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. 2023 Insurance Requirements Ins. Req. Exhibit 1-A Purchase Contracts - Supply Agreements - Equipment Leases Goods or Equipment Delivered to City Other Than Hazardous Chemicals O1/01 /2023 Risk Management - Legal Dept. Page 1 of 1 DocuSign Envelope ID:309B01 C8-18A9-46EF-8D30-3651 BEC86EDF ATTACHMENT D: WARRANTY REQUIREMENTS Material shall be free from defects. Page 1 of 1 � S cl �o o� � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 16, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WesleyN(a-)cctexas.com (361) 826-3111 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Supply Agreement for Manhole Covers for Corpus Christi Water CAPTION: Motion authorizing the execution of a one-year supply agreement with Ferguson Enterprises, LLC, of Corpus Christi, for the purchase of manhole covers for Corpus Christi Water, in an amount not to exceed $142,604.45, with FY 2024 funding of $47,534.80 from the Wastewater Fund. SUMMARY: This motion authorizes a one-year supply agreement with Ferguson Enterprises, LLC to purchase manhole covers, accessories, and risers to be stocked at the CCW Warehouse to be used on an as-needed basis for operational material needs. BACKGROUND AND FINDINGS: CCW maintains more than 20,000 wastewater manholes in accordance with TCEQ and Federal requirements. This contract will provide the materials, such as covers and risers, which are used in the repair, service or adjustment of manholes. Risers are used when regrading roads and repaving surfaces to bring the manhole level with the road surface. Manhole lids may need to be periodically replaced due to corrosion from sewer gases and the high salinity environment. Due to this product being used frequently, a supply agreement will allow CCW to keep a well-stocked inventory readily available. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bids process to obtain bids for a new supply agreement. The City received three responsive bids. Staff is recommending the award to the lowest responsive, responsible bidder, Ferguson Enterprises, LLC. In 2021 , when the previous bid was solicited, the cost was $77,217.05. The increase in cost is due to revisions to the bid request that included the addition of 10 additional various types of manhole risers. The City is generating more road work than in past years, which in turn is requiring a higher volume of various supplies. In comparison to the previous contract with the same vendor prices have increased by 3.32%. The overall contract amount has increased due to the inclusion of additional supplies. The tables below highlight the differences between the proposed and previous contracts. Variance Variance Description 2021 2024 Total Cost Percent Increase Manhole Covers $77,217.05 79,784.25 $2,567.20 3.32% FISCAL IMPACT: The fiscal impact for Corpus Christi Water for FY 2024 is $47,534.80 from the Wastewater Fund. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33400 Wastewater Collection System Department number: 46 Wastewater Project # (CIP Only): N/A Account: 520130 Maint & repairs Amount: $47,534.80 RECOMMENDATION: Staff recommends approval of this motion to execute authorization of a one-year supply agreement with Ferguson Enterprises, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement 8 cP City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB No.5784 Senior Buyer: Cynthia Perez Manhole Covers iecz Bid Opening May 8,2024 Ferguson Enterprises,LLC ACT Pipe&Supply Tenoch Distnbution San Corpus Christi,Texas Corpus Christi,Texas Antonio,Texas Estimated Item Description Unit CITY for Unit Price Total Price Unit Price Total Price Unit Price Total Price 1-Year Cover Sanitary 32",EJIW I VI 430C,or equivalent EA 10 $ 211.11 $ 2,111.10 $ 212.10 $ 2,121.00 $ 242.15 $ 2,421.50 Ring Cover Manhole 32',EJIW V1420/148OZ1,or 2 equivalent EA 15 $ 388.89 $ 5,833.35 $ 390.90 $ 5,863.50 $ 446.08 $ 6,691.20 Cover&Ring Sanitary 24",EJIW R&CV1168,or 3 Equivalent EA 80 $ 466.02 $ 37,281.60 $ 468.20 $ 37,456.00 $ 535.55 $ 42,844.00 Cover Sanitary 24",EJIW,VI 168 or equivalent 4 EA 150 $ 183.05 $ 27,457.50 $ 183.90 $ 27,585.00 $ 209.96 $ 31,494.00 MANHOLE RISER EM5237520104A 1 710H ADJ 5 RISER 23.75"X2"X 1"EJ or equivalent EA 30 $ 236.69 $ 7,100.70 $ 237.80 $ 7,134.00 $ 271.49 $ 8,144.70 MANHOLE RISER EM5237520154A 1 710H ADJ 6 RISER 23.75"X2"X1.5"or equivalent EA 20 $ 236.69 $ 4,733.80 $ 237.80 $ 4,756.00 $ 271.49 $ 5,429.80 MANHOLE RISER EM5237520204A 1 710H ADJ 7 RISER 23.75"X2"X2"EJ or equivalent EA 20 $ 236.69 $ 4,733.80 $ 237.80 $ 4,756.00 $ 271.49 $ 5,429.80 MANHOLE RISER EM2237520254A 1 710H ADJ 8 RISER 23.75"X2"X2.5"or equivalent EA 20 $ 271.82 $ 5,436.40 $ 273.20 $ 5,464.00 $ 311.79 $ 6,235.80 MANHOLE RISER EM2237520304A 1 710H ADJ 9 RISER 23.75"X7XY EJ or equivalent EA 20 $ 271.82 $ 5,436.40 $ 273.20 $ 5,464.00 $ 315.50 $ 6,310.00 MANHOLE RISER EM2237520354A 1710H ADJ 10 RISER 23.75"X2"X3.5 or equivalent EA 20 $ 305.41 $ 6,108.20 $ 306.90 $ 6,138.00 $ 354.49 $ 7,089.80 MANHOLE RISER EM222241234 ADJ RISER 23.75" 11 X 2"X 4.0"EJ or equivalent EA 20 $ 305.41 $ 6,108.20 $ 306.90 $ 6,138.00 $ 354.49 $ 7,089.80 MANHOLE RISER EM122241245 ADJ RISER 23.75" 12 X 2"X 4.5"EJ or equivalent EA 20 $ 342.89 $ 6,857.80 $ 344.60 $ 6,892.00 $ 398.00 $ 7,960.00 MANHOLE RISER EM122241245 13 ADJ RISER 23.75"X 2"X 5.0"EJ or equivalent EA 20 $ 342.89 $ 6,857.80 $ 344.60 $ 6,892.00 $ 398.00 $ 7,960.00 MANHOLE RISER EM122240369 14 ADJ RISER 23.75"X 2"X 5.5"EJ or equivalent EA 20 $ 377.60 $ 7,552.00 $ 379.50 $ 7,590.00 $ 438.31 $ 8,766.20 MANHOLE RISER EM122240369 15 ADJ RISER 23.75"X 2"X 6.0"EJ or equivalent EA 20 $ 449.79 $ 8,995.80 $ 452.00 $ 9,040.00 $ 522.07 $ 10,441.40 GRAND TOTAL $ 142,604.45 $143,289.50 $164,308.00 Page 1 of 1 bUs c.� G� A SUPPLY AGREEMENT NO. 5784 U Manhole Covers yCaeaoRp 1852 THIS Manhole Covers Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Ferguson Enterprises, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Manhole Covers in response to Request for Bid No. 5784 ("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 Manhole Covers 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 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 $142,604.45, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 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: Robert Presnell Department: CCW Phone: (361 ) 826-1750 Email: RobertPr@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 Page 2 of 7 Approved as to Legal Form October 29, 2021 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 Page 3 of 7 Approved as to Legal Form October 29, 2021 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: Robert Presnell Title: Stores Supervisor Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361 ) 826-1750 Fax: (361) 826-1690 IF TO CONTRACTOR: Ferguson Enterprises, LLC Attn: Cassandra Miller Title: Sales Support Representative Address: 221 Junior Beck Drive, Corpus Christi, Texas 78405 Phone: (361) 289-1977 Fax: (361) 289-1968 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 Page 4 of 7 Approved as to Legal Form October 29, 2021 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 Page 5 of 7 Approved as to Legal Form October 29, 2021 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: 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 Incorporated by Reference Only: Exhibit l : RFB No. 5784 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide manhole covers and accessories such as ring & covers, and adjustable risers for Corpus Christi Water (CCW) Warehouse as outlined in this Scope of Work. Manhole Risers are used when regrading roads and repaving surfaces. The manhole covers are used for existing and new service by the CCW. 1.2 Scope of Work A. The Contractor shall provide manhole covers, as outlined on the bid/pricing schedule. This specification is for manhole covers and accessories used by the City. The products specified will be used to restock the CCW Warehouse. B. The Contractor will cross reference the City's stock number listed on the bid/pricing sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. C. All manhole covers must have 1 inch hole, pick slot, and be made of domestic steel. D. All manhole risers must be adjustable and compatible with the East Jordon Iron works being used throughout the City of Corpus Christi streets. 1.3 Contractor Quality Control and Superintendence All manhole covers and risers will be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Delivery 1 . The Contractor shall ship the materials in a specified time frame dictated by the Department Requestor to: CCW Warehouse located at 2726 Holly Road, Corpus Christi, Texas 78415. 2. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform to the specifications will not be accepted by the City. 4. The Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the set time frame. 5. The Contractor shall pay for return shipment on any products that arrive in a defective, unusable, or inoperable condition. The Contractor must arrange for the return shipment of damaged products. Revised 1 1.30.20 gyus c Attachment B- Bid/Pricing Schedule CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM N�OBpupPS E� RFB No. 5784 I852 Manhole Covers PAGE 1 OF 3 Date: 05/07/24 Authorized Bidder: Ferguson Enterprises Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. If Bidder is submitting an equivalent brand, the name, model # and price shall be listed in the bid form under blocks stating equivalent. Unit Model Unit price City 1 Yr.Item Stock Description Unit Est. price name and and name# of of Total Price # Qty. equivalent equivalent 1 Cover Sanitary 3416 32", EJ I W EA 10 $211.11 $ 2111.10 V 1430C, or equivalent 2 Ring Cover Manhole 32", 3417 EJIW EA 15 388.89 $ 5833.35 V 1420/148OZ 1, or equivalent 3 Cover & Ring 3418 Sanitary 24", EJIW EA 80 $466.02 $ 37281.60 R&CV1 168, or Equivalent City 1 Yr. Unit Model Unit price Item Stock Description Unit Est. Price name and and name Total Price # Qty. #of of equivalent a uivalent 4 Cover Sanitary 3420 24", EJ I W, VI 168 EA 150 $183.05 $27457.50 orequivalent 5 MANHOLE RISER EM5237520104A 3505 1710H ADJ RISER EA 30 $236.69 $7100.70 23.75"X2"X I" EJ or equivalent 6 MANHOLE RISER EM5237520154A 3548 1710H ADJ RISER EA 20 $236.69 $4733.80 23.75"X2"X 1 .5" or equivalent 7 MANHOLE RISER EM5237520204A 3549 1710H ADJ RISER EA 20 $236.69 $4733.80 23.75"X2"X2" EJ or equivalent 8 MANHOLE RISER EM2237520254A 3550 1710H ADJ RISER EA 20 $271.82 $5436.40 23.75"X2"X2.5" or equivalent 9 MANHOLE RISER EM2237520304A 3551 1710H ADJ RISER EA 20 $271.82 $5436.40 23.75"X2"X3" EJ or equivalent 10 MANHOLE RISER EM2237520354A 3552 1710H ADJ RISER EA 20 $305.41 $6108.20 23.75"X2"X3.5 or equivalent 1 1 MANHOLE RISER EM222241234 3553 ADJ RISER 23.75" EA 20 $305.41 $6108.20 X 2" X 4.0" EJ or equivalent 12 MANHOLE RISER EM 122241245 4658 ADJ RISER 23.75" EA 20 $342.89 $6857.80 X2" X4.5" EJor equivalent 13 MANHOLE RISER EM 122241245 4659 ADJ RISER 23.75" EA 20 $342.89 $6857.80 X 2" X 5.0" EJ or equivalent City 1 Yr. Unit Model Unit price Item Stock Description Unit Est. price name and and name# of of Total Price # Qty. equivalent equivalent 14 MANHOLE RISER EM 122240369 4660 ADJ RISER 23.75" EA 20 $377.60 $7552.00 X2" X5.5" EJor equivalent 15 MANHOLE RISER EM 122240369 4661 ADJ RISER 23.75" EA 20 $449.79 $8995.80 X2" X6.0" EJor equivalent Total $ 142,604.45 Attachment C-Insurance Requirements The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts - Supply Agreements - Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. Revised 1 1.30.20 Page 16 of 18 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." SC w o V oaPopY AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 16, 2024 DATE: July 16, 2024 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(a)cctexas.com (361) 826-3169 Crushed Limestone for Public Works CAPTION: Motion authorizing a three-year supply agreement, with two one-year options, with Martin Marietta Southwest, LLC, of San Antonio, in an amount not to exceed $1,520,700.00 and a potential up to $2,534,500.00 if options are exercised, to purchase crushed limestone for the Public Works Department, with FY 2024 funding of $126,725.00 from the Streets Fund. SUMMARY: This motion authorizes a three-year supply agreement with Martin Marietta Southwest, LLC of San Antonio, Texas. This supply agreement will provide for needed material to the Public Works Department for city-wide street maintenance and repair projects. BACKGROUND AND FINDINGS: The Public Works Department has procured limestone to maintain a readily available supply for repairs and roadway improvements. Limestone base, widely recognized by the industry as a standard material for building roadway sections, offers versatility and durability. By actively managing a stockpile, we ensure consistent material quality while maintaining cost-effectiveness. Vulcan Construction Materials, LCC, had provided crushed limestone to Public Works since FY 2015. The previous three-year supply agreement with Vulcan Construction materials has expired, therefore warranting a new three-year contract. The high demand of limestone in the market correlates with the rise in costs seen throughout the industry. This year, Martin Marietta Southwest, LLC of San Antonio responded with a lower bid, outbidding the incumbent supplier by 2.6%. Crushed limestone is essential for stabilizing the road base. This material services as a structural base foundation on new pavement designs or pavement reconstruction. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid (RFB)to obtain bids for a three-year supply agreement to provide crushed limestone for the Public Works Department. Contracts and Procurement generated over fifty (50) notifications to suppliers of products and services requested. The City received three responsive bids: Martin Marietta Materials located in San Antonio, Vulcan Construction Material, LCC located in San Antonio, and Anderson Columbia Co, Inc., located in Corpus Christi. Martin Marietta Southwest, LLC., outbid the incumbent supplier by 2.6%. City staff recommends awarding the lowest responsive, responsible bidder, Martin Marietta Southwest, LLC of San Antonio, Texas. 2021 2024 Description Unit Unit Price/ Unit Price/ Variance $ Variance % Per Ton Per Ton Per Ton perTon Crushed Limestone Tons $27.00 $50.69 $23.69 87.74% ALTERNATIVES: The alternative is not to award this supply agreement; however, crushed limestone serves as an integral material for street maintenance and repair projects. FISCAL IMPACT: The fiscal impact FY 2024 is $126,725 with funding available in the Street Fund. FUNDING DETAIL: Fund: 1041 Street Fund Organization/Activity: 12430 Surface Preservation Department: 33 Streets Project # (CIP Only): Account: 520130 Maintenance and Repair RECOMMENDATION: Staff recommends approval to execute this motion authorizing a three-year supply agreement with Martin Marietta Southwest, LLC of San Antonio for crushed limestone for Public Works as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Presentation City of Corpus Christi Procurement Department Bid Tabulation RFB 5741 Crushed Limestone Buyer:Erica A.Hernandez Bid Open:04-09-2024 Martin Marietta Materials Vulcan Construction Materials,LLC- Anderson Columbia Co.,Inc San Antonio,TX San Antonio,TX Corpus Christi,TX Item Item Description Unit 3-Year Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Crushed Limestone Type A,Grade 1-2 Tons 30,000 $50.69 $1,520,700.00 $52.00 $1,560,000.00 $62.20 $1,866,000.00 3YearTotal $1,520,700.00 $1,560,000.00 $1,866,000.00 bUs c.� G� A SUPPLY AGREEMENT NO. 5741 U Crushed Limestone for Public Works yCaeaoRp 1852 THIS Crushed Limestone for Public Works Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Martin Marietta Materials Southwest, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Crushed Limestone for Public Works in response to Request for Bid No. 5741 ("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 Crushed Limestone for Public Works 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 three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-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. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 3. Compensation and Payment. This Agreement is for an amount not to exceed $1 ,520,700.00, subject to approved extensions and changes. Payment will be made 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: Velma Pena Department: Public Works Phone: 361-826-1933 Email: VelmaPCCCtexas.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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 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. 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 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 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. 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: Velma Pena Title: Contract Funds Administrator Address: 2525 Hygeia St. Corpus Christi, TX 78415 Phone: 361 -826-1933 Fax: 361-826-1627 IF TO CONTRACTOR: Martin Marietta Materials Southwest, LLC Attn: Dylan Huffman Title: Inside Sales Rep Address: 4949 N. Loop 1604 W Suite 135, San Antonio, TX 78249 Phone: 210-208-4018 Fax: 210-208-4068 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 ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR PROPERTY DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR ACTUAL DAMAGE Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 WHICH RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 maximum liability under this Agreement for either party is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall either party 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 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. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature Printed Name: +J WNCK Title: w.4AL V?16M Cate: oS1301* CITY OF CORPUS CHRISTI Josh Chronley ,Assistant Director of Finance— Procurement ❑ate: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 5741 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29,2021 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide 30,000 tons crushed limestone, including transportation to Public Works Department/Street Operations Material Yard. 1.2 Scope of Work A. The Contractor shall provide 30,000 tons crushed limestone to be used for repair and maintenance projects throughout the City as outlined in this Scope of Work. B. The crushed limestone shall meet TXDOT Specification Item 247, Type A, Grade 1-2 of 2014 Standard Specifications for Construction of Highways, Streets and Bridges. Link below is attached: https://ftp.txdot.gov/pub/txdot-info/cmd/cserve/specs/2014/standard/s247.pdf s247.Pdf(txdot.gov) 1.3 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. 1.4 Special Instructions Materials shall be delivered as follows: A. City Staff will contact the Contractor one week in advance to set up the request for the crushed limestone. B. The Contractor shall furnish a shipping/delivery ticket stating description and quantity delivered. C. The Contractor and their employees will perform the above services following all necessary regulations and guidelines in accordance with the facilities safety requirements. D. All work being performed for the City must meet industry standards and accepted by the Contract Administrator. E. The crushed limestone will be delivered to: Public Works Department Material Yard 2626 Holly Road Corpus Christi, TX 78415 Page 1 of 1 Attachment B: Bid Form s CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM NOpPOPPSE 1852 RFB No. 5741 Crushed Limestone for Public Works Date: 4/9/2024 ``// Authorized �G Yyuex-e�- Bidder: Martin Marietta Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Item Description Unit 3-Year Unit Price 3-Year QtyTotal Price 1 Crushed Limestone Type A,Grade 1-2 Tons 30,000 $ 50.69 $1,520,700 3 Year Total 1 $ 1,520,700 ATTACHMENT C: INSURANCE 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 $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 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. 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 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. 2023 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite O1/01 /2023 Risk Management - Legal Dept. Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS No manufacturer's warranty required for this Agreement. Page 1 of 1 n Crushed Limestone for Street Operations Three Year Supply Agreement with (2) additional One Year Options Council Presentation -J' July 16, 2024 Crushed Limestone 0 • Solicitation through Request for Bids (RFB) • $1,520,700 three year supply agreement with (2)-one year option through Martin Marietta Southwest, LLC • Material utilized for Road base in: ➢ Pavement Repairs ➢ Utility Cuts ➢ Curb and Gutter Improvements Crushed Limestone r - 5 IM Public Works Department 0 Questions? � S cl �o 0 � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 16, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Brett Van Hazel, Director of Asset Management Brettvh(a)-cctexas.com (361) 826-3273 Josh Chronley, Assistant Director of Finance-Procurement JoshC2a-cctexas.com (361) 826-3169 Purchase and Lease-Purchase of 29 Vehicles and Equipment CAPTION: Resolution authorizing the acquisition of 20 replacement and nine additional vehicles/heavy equipment by various City Departments, of which 21 units will be outright purchases and eight units will be lease- purchases, through the BuyBoard, Sourcewell, HGAC, and TIPS Cooperatives for a total amount of $6,700,089.63, with FY 2024 funding amount for these 29 units totaling $4,381,549.00, with $669,152.87 coming from the General Fund, $2,445,218.84 coming from the Fleet Equipment Replacement Fund, $1,054,365.89 coming from the Storm Water Fund, $112,689.40 coning from the Facility and Property Management Fund, and $100,122.00 coming from the Wastewater Fund, with the remaining balance of $2,318,540.63 for the lease purchase items being funded through the annual budget process. SUMMARY: This resolution authorizes the acquisition of 20 replacement vehicles and equipment and nine additional vehicles and equipment by various City Departments, of which 21 units will be outright purchases and eight units will be lease-purchases. All 29 units will be purchased through the BuyBoard, Sourcewell, HGAC, and TIPS Cooperatives. BACKGROUND AND FINDINGS: Asset Management: Asset Management will purchase three additional Toyota Tacoma trucks from Silsbee Toyota through the TIPS Cooperative for$112,689.40, with funding from the FY 2024 Facility and Property Management Fund through the TIPS Cooperative. Facilities hired additional field staff who will receive the current supervisor vehicles, and the additional Toyota Tacoma trucks will be used by Asset Management supervisors to inspect field staff work. The current supervisor trucks are larger than the Toyota Tacoma trucks, which will allow the field staff to carry more equipment. Corpus Christi Water: The Corpus Christi Water (CCW) Department will purchase one additional PipeHunter Jetter trailer from Underground, Inc. through the HGAC Cooperative for $100,122.00, with funding from the FY 2024 Wastewater fund. CCW currently has two jetting trucks, with one to be replaced in FY25 and one to be replaced in FY26. Due to age, they are downed for expensive repairs often. The additional PipeHunter Jetter trailer is less expensive, has greater off-road maneuverability due to less weight, and has a shorter lead time to receive, than a jetting truck. The trailer will be used to unclog wastewater service lines. CCW will also purchase one replacement Kubota M5 Tractor from Ewald Kubota, Inc. though the Sourcewell Cooperative for $72,396.74, with funding from the FY 2024 Fleet Equipment Replacement Fund. The replacement tractor will be used to maintain 200 acres of City property at Wesley Seale Dam. CCW will also purchase one replacement Freightliner M2 crew truck and one replacement Freightliner M2- 106 chassis from Houston Freightliner, Inc. through the HGAC Cooperative for a combined amount of $319,825.00, with funding from the FY 2024 Fleet Equipment Replacement Fund. The crew truck will be used to transport staff and equipment for the repairs of wastewater mains, service lines, and manholes. The chassis will be used to support the Vactor impact body that is listed below. CCW will also purchase one replacement Vactor impact body from Kinloch Equipment and Supply, Inc. through the HGAC Cooperative for $284,395.10, with funding from the FY 2024 Fleet Equipment Replacement Fund. The Vactor impact body will be installed onto replacement Freightliner 106 chassis for the replacement Freightliner M2 crew truck. The Vactor impact body is used to flush wastewater mains and services lines as well as to clear manholes of water. Gas: The Gas Department will purchase one replacement Freightliner M2-106 canopy crew truck from Houston Freightliner, Inc. through the HGAC cooperative for $215,924.50, with funding from the FY 2024 Fleet Equipment Replacement Fund. The canopy crew truck will be used to transport construction personnel and equipment to job sites. The Gas Department will also purchase one replacement Western Star flatbed truck from Doggett Freightliner through the BuyBoard Cooperative for $219,774.50, with funding from the FY 2024 Fleet Equipment Replacement Fund. The flatbed truck will be used to transport pipe and material to construction job sites. Police: The Corpus Christi Police Department (CCPD) will purchase one replacement Ford F-450 regular cab wrecker truck from Silsbee Ford through the TIPS Cooperative for $172,139.83, with funding from the FY 2024 General Fund. The wrecker truck will be used to move vehicles and equipment in the Vehicle Impound facility. Public Works: Public Works will purchase one additional Peterbilt Digger Derrick from National Auto Fleet Group through the Sourcewell Cooperative for $374,984.50, with funding from the FY 2024 General Fund. The digger derrick will be used for the installation and maintenance of traffic signal poles. This purchase will reduce reliance on contractual support and provide improved response time for emergencies. The purchase of the additional digger derrick is an FY 2024 Budget Initiative. Public Works will also purchase one additional Gradall XL3100 excavator from Waukesha-Pearce Industries LLC., through the BuyBoard Cooperative for$610,416.89, with funding from the FY 2024 Storm Water Fund. The excavator is part of a new supervisor and eight-person crew that will provide minor channel maintenance to ditches in residential neighborhoods for the maintenance and repairs of storm water system lines. The purchase of the additional excavator is an FY 2024 Budget Initiative. Public Works will also purchase three additional and five replacement Western Star 47X 18-yard dump trucks from Doggett Freightliner through the BuyBoard Cooperative for $1,776.852.00, with funding from the FY 2024 Fleet Equipment Replacement Fund and the FY 2024 Storm Water Fund. The dump trucks are part of a new supervisor and eight-person crew that will provide minor channel maintenance to ditches in residential neighborhoods and will be used to haul material to and from wastewater repair sites. The purchase of the three additional dump trucks is an FY 2024 Budget Initiative. Solid Waste: The Solid Waste Department will lease-purchase: two replacement MAC walking floor trailers from BTE Body Co. Inc., through the BuyBoard Cooperative for$328,947.12, with funding from the FY 2024 General Fund. The trailers will be used to haul refuse from the transfer station to the landfill. Solid Waste will also lease-purchase one replacement Western Star 47X McNeilus rear packer and three replacement Western Star 47X roll-off trucks from Doggett Freightliner through the BuyBoard Cooperative for a combined amount of $1,238,609.39, with funding from the FY 2024 General Fund. The rear packerswill be used to remove refuse and recycled material from alleyways and town-home subdivisions. The roll trucks will be used to haul wastewater sludge from wastewater treatment plants to the landfill. Solid Waste will also lease-purchase one replacement Kenworth L770 refuse truck from MHC Kenworth Dallas through the BuyBoard Cooperative for $502,404.35, with funding from the FY 2024 General Fund. The refuse truck will be used for residential curbside collection. Solid Waste will also lease-purchase one replacement Peterbilt 220 refuse truck from Rush Truck Centers of Texas through the BuyBoard Cooperative for$370,608.31, with funding from the FY 2024 General Fund. The refuse truck will be used to remove refuse and recycled material from smaller alleyways and town- home subdivisions. Below is a summary table that provides an overview of the 29 vehicles/equipment to be purchased/lease- purchased from each of the four co-ops (BuyBoard, Sourcewell, HGAC, and TIPS). The summary table includes a description of the vehicles/equipment as well as respective quantities and pricing. Co-op Description Quantity Cost BuyBoard MAC Walking floor Trailers 2 $328,947.12 BuyBoard Western Star Rear Packer 1 $381,134.72 BuyBoard Western Star Roll-Off Trucks 3 $857,474.67 Kenworth w/LaBrie ASL Refuse BuyBoard Truck 1 $502,404.35 BuyBoard Peterbilt ASL Refuse Truck 1 $370,608.31 BuyBoard Western Star Dump Trucks 8 $1,776,852.00 BuyBoard Western Star Flatbed Truck 1 $219,774.50 BuyBoard Gradall Excavator 1 $610,416.89 Total 18 $5,047,612.56 Sourcewell Kubota Tractor 1 $72,396.74 Sourcewell Peterbilt Digger Derrick 1 $374,984.50 Total 2 $447,381.24 HGAC Freightliner Canopy Crew Truck 1 $215,924.50 Freightliner Chassis for Vactor HGAC Body 1 $122,930.50 HGAC Freightliner Crew Truck 1 $196,894.50 HGAC Vactor Body 1 $284,395.10 HGAC Jetter Trailer 1 $100,122.00 Total 5 $920,266.60 TIPS Ford F450 Wrecker Truck 1 $172,139.83 TIPS Toyota Tacoma Trucks 3 $112,689.40 Total 4 $284,829.23 Sum Total 29 $6,700,089.63 PROCUREMENT DETAIL: The procurement is through the BuyBoard, Sourcewell, HGAC, and TIPS Cooperatives. Contracts awarded through the cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Asset Management and Purchasing conducted a bid process and cooperative cost comparison for a group of 98 vehicles. As compared to the eight local dealers, the cooperatives had either the best price or the second-best price on all but five of the 98 units. However, pricing is not the only driver for purchase. With the automotive market still recovering from a strike and global supply demand, vehicle availability drives pricing. The local dealers have a two-week turnover time on their lots, whereas the City bid process and the City Council approval process take up to five or six months. The local dealers no longer want to bid on vehicle delivery because they do not want to hold units that long. Additionally, City Departments require certain specifications for their respective units to fulfill mission requirements, which may not be available in locally purchased units. If not already fitted, then the City would have to pay retail for upfitting rather services rather than receiving discounted pricing rolled into the purchase price through the cooperatives. Procurement has modified their business practices for a proactive approach to the City's vehicle procurement process. The modified business practice uses all resources available to ensure that vehicles and equipment are sourced and delivered in a timely manner while using economically favorable methods. The FY 2024 budget includes 236 new and replacement vehicles and equipment. With the approval of this item, a total of 96% (228 units) will have been procured year-to-date. ALTERNATIVES: The alternative is not to approve these purchases and lease-purchases and instead continue using current units that are beyond their expected service lives. This would increase the cost of repairs and result in a loss of productive man-hours due to more frequent maintenance issues. It would also affect employee safety since the current units are beyond their expected services lives and could suffer malfunctions and other issues. FISCAL IMPACT: The FY 2024 fiscal impact of these purchase totals $4,381,549.00 funded by various department funds. The remaining balance of$2,318,540.63 for the lease-purchase units includes $258,725.55 in total interest based upon a 4.50% interest rate and a term of 60 months. The $2,318,540.63 will be funded through the annual budget process for the Solid Waste Department. All of the 29 units were approved as part of the FY 2024 Budget process. Five of the units are FY 2024 Budget Initiatives (one Peterbilt Digger Derrick for Public Works, one Gradall XL3100 excavator for Public Works, and three Western Star 47X 18-yard dump trucks for Public Works). FUNDING DETAIL: Fund Name Account t ing Accoount Amount General 1020-12504-31 530190 $16,447.38 General 1020-12510-31 530190 $62,707.41 General 1020-12513-31 530190 $42,873.75 General 1020-11770-29 550020 $172,139.83 General 1020-12460-33 550020 $374,984.50 Wastewater 4200-33600-46 550020 $100,122.00 Storm Water 4300-32005-47 550020 $1,054,365.89 Fleet Equipment Replacement 5111-12431-13 550020 $223,030.50 Fleet Equipment Replacement 5111-30201-13 550020 $72,396.74 Fleet Equipment Replacement 5111-32000-13 550020 $1,109,872.50 Fleet Equipment Replacement 5111-33000-13 550020 $604,220.10 Fleet Equipment Replacement 5111-34000-13 550020 $435,699.00 Facility and Property Management 5115-40300-12 550020 $112,689.40 Total $4,381,549.00 RECOMMENDATION: Staff recommends approval of this item authorizing the acquisition of 20 replacement and nine additional vehicles/equipment by various City Departments, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit 1 Spreadsheet Exhibit 2 Spreadsheet Resolution authorizing the acquisition of 29 vehicles and equipment by various departments, of which 21 units will be outright purchases and eight units will be lease-purchases through JPMorgan for $6,700,089.63, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2024 funding of $4,381,549.00 and the remaining balance of $2,318,540.63 for the lease-purchase items to be funded through the annual budget process. WHEREAS, various City departments need to acquire both new and replacement fleet vehicles and equipment via direct purchase and lease-purchase; and WHEREAS, such acquisitions are to be sourced through purchasing cooperatives in the manner, at the amounts stated, and from the funding accounts identified in this resolution. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The Asset Management Department is authorized to acquire by purchase three Toyota Tacoma trucks for a total amount of $112,689.40 from Silsbee Toyota, through the TIPS Cooperative, with FY 2024 funding from the Facility and Property Management. Section 2. Corpus Christi Water is authorized to acquire by purchase (i) one PipeHunter Jetter trailer for $100,122.00 from Underground, Inc., with FY 2024 funding from the Wastewater Fund; (ii) one Kubota M5 tractor for$72,396.74 from Ewald Kubota, Inc., with FY 2024 funding from the Fleet Equipment Replacement Fund; (iii) one Freightliner M2 crew truck and one Freightliner M2- 106 chassis for a total amount of $319,825.00 from Houston Freightliner, Inc., with FY 2024 funding from the Fleet Equipment Replacement Fund; and (iv) one Vactor impact for$284,395.10 from Kinloch Equipment and Supply, Inc., with FY 2024 funding from the Fleet Equipment Replacement Fund. Items identified as (i), (iii), and (iv) in this section will be acquired through the HGAC Cooperative, and item (ii) will be acquired through the Sourcewell Cooperative. Section 3. The Gas Department is authorized to acquire by purchase (i) one Freightliner M2- 106 canopy crew truck for $ 215,924.50 from Houston Freightliner, Inc., with FY 2024 funding from the Fleet Equipment Replacement Fund; and (ii) one Western Star flatbed truck for $219,774.50 from Doggett Freightliner of STX, with FY 2024 funding from the Fleet Equipment Replacement Fund. Item (i) in this section will be acquired through the HGAC Cooperative, and item (ii) will be acquired through the BuyBoard Purchasing Cooperative. Section 4. The Police Department is authorized to acquire by purchase one Ford F450 regular cab wrecker truck for $172,139.83 from Silsbee Ford, with FY 2024 funding from the General Fund and acquisition through the TIPS Cooperative. Section 5. The Public Works Department is authorized to acquire by purchase (i) one Peterbilt Digger Derrick for $374,984.50 from National Auto Fleet Group, with FY 2024 funding from the General Fund; (ii) one Gradall XL3100 excavator for $610,416.89 from Waukesha-Pearce Industries, LLC, with FY2024 funding from the Storm Water Fund; (iii) eight Western Star 47X 18- yard dump trucks for a total amount of $1 ,776,852.00 from Doggett Freightliner of STX, with FY2024 funding of$1,332,903.00 from the Fleet Equipment Replacement Fund and $443,949.00 from the Storm Water Fund. Item (i) will be acquired through the Sourcewell Cooperative, and items (ii) and (iii) will be acquired through the BuyBoard Purchasing Cooperative. Page 1 of 2 Section 6. The Solid Waste Services Department is authorized to acquire by lease-purchase (i) two MAC walking floor trailers for a total amount of$328,947.12 from BTE Body Co, Inc., with FY 2024 funding of$16,447.38 from the General Fund; (ii) one Western Star 47X with McNeilus rear packer and three Western Star 47X roll-off trucks for a total amount of$1 ,238,609.39 from Doggett Freightliner of STX, with FY 2024 funding of$61,930.50 from the General Fund; (iii) one Kenworth L770 with LaBrie ASL refuse truck for $502,404.35 from MHC Kenworth Dallas, with FY 2024 funding of$25,120.23 from the General Fund; and (iv) one Peterbilt 220 with LaBrie 12-yard ASL for$370,608.31 from Rush Truck Centers of Texas, with FY 2024 funding of$18,530.43 from the General Fund. Items (i) - (iv) will be acquired through the BuyBoard Purchasing Cooperative. Section 7. Contingent funding of 10% has been included within the amounts shown in Sections 1 through 6 and is authorized pursuant to this resolution due to the ongoing volatility of market conditions and current supply chain issues, with such contingent funding to be accessed only on an as-needed basis per individual item purchased. Section 8. The City Manager, or his designee, is authorized to execute all documents necessary to acquire the vehicles and equipment enumerated in this resolution for a total estimated amount of $6,700,089.63 and in the manner, from the fund accounts, and through the purchasing cooperatives, as applicable, that are identified in the previous sections of this resolution. PASSED AND APPROVED on the day of , 2024 ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 2 Exhibit 1 Combined 29 Vehicles and Equipment Type of Coop Description Dept Quantity Vendor Name Cost Funding Reason Procurement Lease Purchase BuyBoard MAC Walking floor Trailers Solid Waste 2 BTE Body Co Inc 328,947.12 General Fund 2 Replacements Doggett Freightliner of 1 Replacement Lease Purchase BuyBoard Western Star Rear Packer Solid Waste 1 STX 381,134.72 General Fund Doggett Freightliner of 3 Replacements Lease Purchase IlBuyBoard Western Star Roll-Off Trucks Solid Waste 3 STX 857,474.67 General Fund Kenworth w/La Brie ASL 1 Replacement Lease Purchase BuyBoard Refuse Truck Solid Waste 1 MHC Kenworth Dallas 502,404.35 General Fund Rush Truck Centers of 1 Replacement Lease Purchase BuyBoard Peterbilt ASL Refuse Truck Solid Waste 1 Texas 370,608.31 General Fund Doggett Freightliner of Fleet Equipment Replacement Fund and 3 Additions Purchase BuyBoard Western Star Dump Trucks Public Works 8 STX 1,776,852.00 Storm Water Fund 5 Replacements Doggett Freightliner of Purchase BuyBoard Western Star Flatbed Truck Gas 1 STX 219,774.50 Fleet Equipment Replacement Fund 1 Replacement Purchase Sourcewell Kubota Tractor CC Water 1 Ewald Kubota Inc 72,396.74 Fleet Equipment Replacement Fund 1 Replacement Freightliner Canopy Crew 1 Replacement Purchase HGAC Truck Gas 1 Houston Freightliner Inc 215,924.50 Fleet Equipment Replacement Fund Freightliner Chassis for 1 Replacement Purchase HGAC Vactor Body CC Water 1 Houston Freightliner Inc 122,930.50 Fleet Equipment Replacement Fund Purchase HGAC Freightliner Crew Truck CC Water 1 Houston Freightliner Inc 196,894.50 Fleet Equipment Replacement Fund 1 Replacement Purchase HGAC Vactor Body CC Water 1 Kinloch Equip&Supply Inc 284,395.10 Fleet Equipment Replacement Fund 1 Replacement Purchase Sourcewell Peterbilt Digger Derrick Public Works 1 National Auto Fleet Group 374,984.50 General Fund 1 Addition Purchase TIPS Ford F450 Wrecker Truck Police 1 Silsbee Ford 172,139.83 General Fund 1 Replacement 3 Additions Purchase TIPS Toyota Tacoma Trucks Asset Management 3 Silsbee Toyota 112,689.40 Facility and Property Management Fund Purchase HGAC fetter Trailer CC Water 1 Underground Inc 100,122.00 Wastewater Fund 1 Addition Waukesha-Pearce 1 Addition Purchase BuyBoard Gradall Excavator Public Works 1 Industries LLC 610,416.89 Storm Water Fund Total 29 6,700,089.63 Exhibit 2 Combined 29 Vehicles and Equipment Lease Purchase Replace- Total Cost Total Financial De P I Funding Acct.Unit Account Activity Description Solid Waste General Fund 1020-12510-31 530190 FY24LPSW1 Peterbilt 220 with La Brie 12Yd ASL Additions0 Total 1 1 EA 370,608.31 370,608.31 18,530.43 Solid Waste General Fund 1020-12504-31 530190 FY24LPSW20 MAC MM Walking Floor Trailer 0 1 1 EA 164,473.56 164,473.56 8,223.69 Solid Waste General Fund 1020-12504-31 530190 FY24LPSW21 MAC MM Walking Floor Trailer 116 Cu.Yd. 0 1 1 EA 164,473.56 164,473.56 8,223.69 Solid Waste General Fund 1020-12510-31 530190 FY24LPSW2 Western Star 47X w/McNeilus Rear Packer 0 1 1 EA 381,134.72 381,134.72 19,056.75 Solid Waste General Fund 1020-12513-31 530190 FY24LPSW28 WESTERN STAR 47X ROLL-OFFTRUCK 0 1 1 EA 285,824.89 285,824.89 14,291.25 Solid Waste General Fund 1020-12513-31 530190 FY24LPSW29 WESTERN STAR 47X ROLL-OFF TRUCK 0 1 1 EA 285,824.89 285,824.89 14,291.25 Solid Waste General Fund 1020-12513-31 530190 FY24LPSW30 WESTERN STAR 47X ROLL-OFF TRUCK 0 1 1 EA 285,824.89 285,824.89 14,291.25 Solid Waste General Fund 1020-12510-31 530190 FY24LPSW7 Kenworth L770 w/LaBrie ASL Refuse Truck 0 1 1 EA 502,404.35 502,404.35 25,120.23 Purchase Replace- Total Financial ,Dept Funding Asct.Unit Account Activity Description Asset Management Facility and Property Management Fund 5115-40300-12 550020 FY24FAC2;TACOMA CREW CAB;OUTRIGHT;ADDITION Additions 1 •0 1 EA 37,533.00 •37,533.00 37,533.00 Asset Management Facility and Property Management Fund 5115-40300-12 550020 FY24FAC3;TACOMA EXTENDED CAB;OUTRIGHT;ADDITION 1 0 1 EA 37,578.20 37,578.20 37,578.20 Asset Management Facility and Property Management Fund 5115-40300-12 550020 FY24FAC4,TACOMA EXTENDED CAB;OUTRIGHT;ADDITION 1 0 1 EA 37,578.20 37,578.20 37,578.20 CC Water Wastewater Fund 4200-33600-46 550020 FY24WW367744 LETTER TRAILER 1 0 1 EA 100,122.00 100,122.00 100,122.00 CC Water Fleet Equipment Replacement Fund 5111-30201-13 550020 FY24WTR2 KUBOTA MS TRACTOR 0 1 1 EA 72,396.74 72,396.74 72,396.74 CC Water Fleet Equipment Replacement Fund 5111-33000-13 550020 FY24WW6 Freightliner M 2 CREW TRUCK 0 1 1 EA 196,894.50 196,894.50 196,894.50 CC Water Fleet Equipment Replacement Fund 5111-33000-13 550020 FY24WW33A Freightliner M2-106 Chassis 0 1 1 EA 122,930.50 122,930.50 122,930.50 CC Water Fleet Equipment Replacement Fund 5111-33000-13 550020 FY24WW33B VACTOR I M PACT BODY for FY24WW33A 0 1 1 EA 284,395.10 294,395.10 294,395.10 Gas Fleet Equipment Replacement Fund 5111-34000-13 550020 FY24GAS11 Freightliner M 2-106 Canopy CREW Truck 0 1 1 EA 215,924.50 215,924.50 215,924.50 Gas Fleet Equipment Replacement Fund 5111-34000-13 550020 FY24GAS13 Western Star 47X FLAT Bed Truck 0 1 1 EA 219,774.50 219,774.50 219,774.50 Police General Fund 1020-11770-29 550020 FY24PD08;F450 REGULAR CAB WRECKER;OUTRIGHT;REPLACEMENT 0789 0 1 1 EA 172,139.83 172,139.83 172,139.83 Public Works General Fund 1020-12460-33 550020 FY24STR6;PETERBILT DIGGER DERRICK;OUTRIGHT,ADDITION 1 0 1 EA 374,984.50 374,984.50 374,984.50 Public Works Storm Water Fund 430G-32005-47 550020 FY24STM21 GRADALLXL31004x4 Wheeled Excavator 1 0 1 EA 610,416.89 610,416.89 610,416.89 Public Works Fleet Equipment Replacement Fund 5111-32000-13 550020 FY24STM16 WESTERN STAR 47X 18YD DUMP TRUCK 0 1 1 EA 221,974.50 221,974.50 221,974.50 Public Works Fleet Equipment Replacement Fund 5111-32000-13 550020 FY24STM17 WESTERN STAR 47X 18YD DUM P TRUCK 0 1 1 EA 221,974.50 221,974.50 221,974.50 Public Works Fleet Equipment Replacement Fund 5111-32000-13 550020 FY24STM18 WESTERN STAR 47X 18YD DUMP TRUCK 0 1 1 EA 221,974.50 221,974.50 221,974.50 Public Works Fleet Equipment Replacement Fund 5111-32000-13 550020 FY24STM19 WESTERN STAR 47X 18YD DUMP TRUCK 0 1 1 EA 221,974.50 221,974.50 221,974.50 Public Works Fleet Equipment Replacement Fund 5111-32000-13 550020 FY24STM23 WESTERN STAR 47X 18YD DUM P TRUCK 1 0 1 EA 221,974.50 221,974.50 221,974.50 Public Works Storm Water Fund 430G-32005-47 550020 FY24STM24 WESTERN STAR 47X 18YD DUMP TRUCK 1 0 1 EA 221,974.50 221,974.50 221,974.50 Public Works Storm Water Fund 4300-32005-47 550020 FY24STM25 WESTERN STAR 47X 18YD DUM P TRUCK 1 0 1 EA 221,974.50 221,974.50 221,974.50 Public Works Fleet Equipment Replacement Fund 5111-12431-13 550020 FY24STR4 Western Star 47X W/18YD Dump Body w/Rail Road Hitch 0 1 1 EA 223,030.50 223,030.50 223,030.50 Grand Total 9 20 29 6,700,089.63 4,391,549.00 SC w 4 C7 ONCORPORP10 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 16, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Assistant Director Finance & Procurement Josh C2Ca-)cctexas.com (361) 826-3169 Purchase of Roll-Off Containers for Solid Waste Services CAPTION: Motion authorizing a one-time purchase of 12 roll-off containers from Wastequip Manufacturing Company, LLC of Beeville, Texas through the Buyboard Purchasing Cooperative for$112,294.00 for Solid Waste Services, with FY 2024 funding from the General Fund. SUMMARY: This motion authorizes the purchase of 12 roll-off containers from Wastequip Manufacturing Company, LLC of Beeville, TX, to support Solid Waste Services. BACKGROUND AND FINDINGS: This purchase will replace 10 roll-off containers used by the wastewater treatment plants and two roll-off containers used at JC Elliott Transfer Station. In fiscal year 2015, Solid Waste Services assumed responsibility for the wastewater sludge hauling operations, which is reimbursed annually by the Wastewater Fund through budgeted interfund transfers. The City's wastewater treatment plants process wastewater sludge through a filter press and the resulting filter press cake is discharged into roll-off containers. These containers are then picked up by the Solid Waste department and transported for disposal at Cefe Valenzuela Landfill. The filter press operations are designed around the use of roll-off containers. The containers used by the wastewater treatment plants are constructed liquid-tight to prevent leakage and spillage during transportation. The new containers will be incorporated into wastewater treatment operations to replace worn and corroded containers that have been deemed unsuitable for repair. Roll-off containers are utilized at JC Elliott Transfer Station for the purpose of waste drop-off by residents and commercial customers. An average of 500 to 600 customers dispose waste at the Transfer Station each day. These containers are required based on the design of the current transfer station. In addition, the scrap metal that is deposited is placed into these containers and subsequently transported for recycling. Solid Waste maintains over 80 containers with an average life span of 5 - 10 years. The roll off containers have a short life duration typically because of three reasons: the tear and wear during daily operations, the type of chemicals used at the transfer station, and the humidity levels in the weather. Sludge and Transfer Station containers are heavily used, and repairs are made until it is no longer economically viable. Eventually, the containers are not road worthy and become a safety hazard under Department of Transportation's regulation. New containers are purchased every year based on inventory assessments. PROCUREMENT DETAIL: This procurement is through the Buyboard Purchasing Cooperative. This one-time purchase from Wastequip Manufacturing Company, LLC of Beeville, Texas has been competitively procured in compliance with the Texas Local and State procurement requirements. Wastequip Manufacturing Company, LLC, offers a cost discount of 4.25% when purchasing through the Buyboard Purchasing Cooperative compared to purchasing directly from Wastequip Manufacturing Company. Box Gang Manufacturing, LLC through Sourcewell Cooperative offers a comparable roll-off container alternative, however the price difference exceeds 23%. The Price Comparison table is displayed as below: Roll Off Containers 12 Price Com arison Variance Variance Vendor/Cooperative Totals in Dollars in Percent Waste ui Bu Board $ 112,294.00 Waste ui (Non-Cooperative) $ 117,070.00 4,776.00 4.25% Box Gan Sourcewell $ 138,972.00 26,648.00 23.73% ALTERNATIVES: One alternative is to not replace boxes that have reached the end of their useful life. The boxes will pose a safety hazard to users and the public. Removing them from operation, without substitution, will have a negative effect on productivity and the capacity of Solid Waste to serve the public. Another alternative is to outsource operations to a third party at a much greater cost to the City. FISCAL IMPACT: This fiscal impact for FY 2024 is a total amount of $112,294 from the General Fund. FUNDING DETAIL: Fund: General Fund Organization/Activity: 12504 JC Elliott Transfer Station Mission Element: Project # (CIP Only): Department: 31 Solid Waste Services Account: 550040 Other Equipment Amount: $26,030 Fund: General Fund Organization/Activity: 12513 Sludge Hauling Mission Element: Project # (CIP Only): Department: 31 Solid Waste Services Account: 550040 Other Equipment Amount: $86,264 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of 12 roll-off containers from Wastequip Manufacturing Company, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet COOP Comparison PRICE SHEET PURCHASE OF ROLL OFF CONTAINERS FOR SOLID WASTE SERVICES BUYBOARD CONTRACT#686-22 SENIOR BUYER:TRACY GARZA WASTEQUIP MANUFACTURING Beeville,TX ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 40 Cubic Yard Heavy Duty Rectangular RollOff Container 22' Long - 2 EA $ 6,703.00 $ 13,406.00 Primed and Painted any Standard Color 25 Cubic Yard Round Bottom Open Top Roll Off Container 22' length-Cable lift understructure w/8 x 8 front &rear wheels 2 -Tarp Options-Side to Side Roll Tarp, Installed 8 EA $ 10,533.00 $ 84,264.00 -Extra coast of prime and paint, exterior only -Coal tar epoxy coating, interior only 9 Cubic Yard Round Bottom Open To[Roll Off Container x 12' 3 length-Cable lift understructure w/8 x 8 front &rear wheels 2 EA $ 6,312.00 $ 12,624.00 -Tarp Options-Side to Side Roll Tarp, Installed 4 Shipping 1 EA $ 2,000.00 $ 2,000.00 TOTALS $ 112,294.00 SC w 4 C7 ONCORPORP10 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 16, 2024 DATE: June 25, 2024 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Assistant Director Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Roll-Off Truck Rentals for Solid Waste Services CAPTION: Motion authorizing the execution of a one-year service agreement with Big Truck Rentals of Tampa, Florida, through OMNIA Partners Cooperative Purchasing, in an amount not to exceed $240,200.00, for the rental of two roll-off trucks for Solid Waste Services, with FY 2024 funding of $62,750 from the General Fund. SUMMARY: This agenda item is to enter into a rental agreement for two roll-off trucks. These trucks are temporary substitutes to supplement the Solid Waste Sludge hauling fleet. BACKGROUND AND FINDINGS: Solid Waste is responsible for hauling sludge from the City's six wastewater plants to the landfill, emptying the Parks Departments' dumpsters and delivering containers for special events throughout the city. This is accomplished with a fleet of seven roll-off trucks. Currently, 3 of the 7 trucks are down with major mechanical and/or damage issues. If we have additional trucks go down the department will not be able to sustain the work load. New trucks are being presented for purchase this year but will not be available for approximately 14 months. Rental of these trucks will allow us to bridge the gap between the damaged vehicles and delivery of new trucks while ensuring the public health and safety requirements are met due to the necessity of hauling sludge from the wastewater plants. PROCUREMENT DETAIL: There are no local vendors who can provide this specific type of truck. This procurement is through OMNIA Partners Cooperative. Contracts awarded through OMNIA Partners Cooperative have been competitively procured in compliance with local and state procurement requirements. Staff researched other cooperative opportunities and found no other vendor through a purchasing cooperative that met the roll-off truck requirements. Procurement staff found obtaining quotes from Big Truck Rentals through the OMNIA Partners Cooperative to have a $15,600.00 savings versus directly from the vendor. Below is a summary table showing the price variance. Price Com arison - Cooperative vs. Noncoo erative OMNIA Purchasing Big Truck Description QTY Cooperative Rentals Variance Roll-Off Truck Rentals 2 $240,200.00 $255,800.00 $15,600.00 ALTERNATIVES: Do not rent trucks and fail to provide adequate hauling from wastewater plants or hire a 3rd party to haul sludge at a higher cost than rental equipment. FISCAL IMPACT: The fiscal impact for FY 2024 is $62,750 from the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12504 JC Elliott Transfer Station Project # (CIP Only): Department: 31 Solid Waste Services Account: 530160 Rentals Amount: $29,575 Fund: 1020 General Fund Organization/Activity: 12513 Sludge Hauling Project # (CIP Only): Department: 31 Solid Waste Services Account: 530160 Rentals Amount: $33,175 RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of a one-year service agreement for the rental of two roll-off trucks from Big Truck Rental as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Price Sheet Finance & Procurement Roll-Off Truck Rentals Senior Buyer:Tracy Garza OMNIA Partners Contract No. 2019000319 BIG TRUCK RENTAL TAMPA, FL TRANSPORTATION DESCRIPTION QTY UNIT UNIT PRICE COST PRICE TOTAL Long Term Roll-Off on a multi-weekly basis Year:2024 2 EA $ 118,300.00 $ 1,800.00 $ 240,200.00 Make: Peterbilt $ 240,200.00 DocuSign Envelope ID: 1E233655-30A64D20-1306A-9691A043F76D se G� CO-OPERATIVE PURCHASE AGREEMENT NO. 5918 U Roll Off Truck Rentals for Solid Waste yCaeaoRp 1852 THIS Roll Off Truck Rentals Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Big Truck Rental, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Co-operative Agreement. Contractor has agreed to provide Roll Off Truck Rentals in accordance with its agreement with OMNIA Partners #2019000319 (the "Co- operative Agreement"), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co- operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide Roll Off Truck Rentals in accordance with the attached Statement 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. 3. Term. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from 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. 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. 4. Compensation and Payment. This Agreement is for an amount not to exceed $240,200.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, 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. Invoices must be mailed to the following address: Co-operative Purchase Agreement Standard Form Page 1 of 3 DocuSign Envelope ID: 1E233655-30A64D20-1306A-9691A043F76D City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 5. 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: Gabriel Maldonado Title: Contracts/Funds Administrator Address: 2525 Hygeia, Corpus Christi, Texas 78415 Phone: 361-826-1986 Fax: 361-826-1971 IF TO CONTRACTOR: Big Truck Rental, Inc. Attn: Scott Smith Title: Director of Sales Address: 4221 W. Boy Scout Blvd., Suite 400, Tampa, Florida 33607 Phone: 813-570-8685 Fax: N/A 6. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] Co-operative Purchase Agreement Standard Form Page 2 of 3 DocuSign Envelope ID: 1E233655-30A64D20-1306A-9691A043F76D CONTRACTO OCUSigned by: Signature: Printed Name: Scott smith Title: Director of Municipal sales Date: 6/20/2024 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Incorporated by Reference Only: Co-operative Agreement: OMNIA Partners #2019000319 Co-operative Purchase Agreement Standard Form Page 3 of 3 DocuSign Envelope ID: 1E233655-30A64D20-1306A-9691A043F76D ATTACHMENT A: SCOPE OF WORK 1. Scope of Work: The Rolloff trucks will be used to transport sludge to the Landfill. The equipment will be utilized 50 hours a week (6 days), 200 hours per month (24 days). 2. Minimum Equipment Specification: Rolloff Truck, Qty: 2 units a. Galbreath 60,000 lb. Standard Outside Rail Hoist with Auto Tarping System b. Conventional Cab Freightliner, Peterbilt and Mack Chassis c. 20,000 lb. Front Axle and 46,000 lb. Rear Axles with 20,000 lb. Steerable Drop Axle 3. Contractor Responsibilities: a. The Contractor shall deliver and pick up the rental equipment. b. Any equipment rented shall be guaranteed to be fully functional and capable of performing the task(s) it was designed to perform under the manufacturer's guidelines. All safety equipment and all associated attachments shall be in place and functioning per the manufacturer's design. Any equipment not functioning properly, or becoming non-functional during operation, shall be picked up and repaired or replaced by the Company at no additional charge to the City during the rental period. Routing repairs not caused by misuse of the equipment shall be provided at no additional cost to the City. c. The Contractor is responsible to replace and/or repair tire and tube. d. The Contractor shall provide credit for idle days if the equipment is idle because of repairs or replacement. 4. City Responsibilities: a. The City will handle the equipment and keep the unit clean while in our possession. b. The City will fuel the equipment. c. The City will have unit full of fuel before vendors collects the unit. d. The City will obtain insurance coverage for the vehicles through the Texas Municipal League's Intergovernmental Risk Pool. e. The City will inform Contractor in writing of the City employees who are authorized to receive the Roll Off Trucks. 5. Delivery: F.O.B J.C. Elliott Transfer Station, 7001 Ayers Street 6. Inspection: Corpus Christi, Texas 78415 Upon receipt, each unit shall be inspected for condition and specification compliance by a City representative prior to acceptance. If the unit is not accepted, the Supplier shall pick up and deliver the new unit without any cost to the City. Point of Contact is Philip Aldridge, 361-826-4482 or Gabriel Maldonado, 361-826-1986. Page 1 of 1 DocuSign Envelope ID: 1E233655-30A64D20-1306A-9691A043F76D AI lm%-nivirill D. DIJ/PRICING SCHEDULE ROUTE BImR I qktRERDY Company Address 4221 W. Boyscout Blvd Created Date 6/14/2024 Suite 400 Email mark@bigtruckrental.com Tampa, FL 33607 Quote Number 00040202 Prepared By Mark Rentschlar Phone 8135708685 ' � CUSTOMER INFORMATION Billing Customer City of Corpus Christi Rental Customer City of Corpus Christi Billing Contact Philip Aldridge Shipping Contact Philip Aldridge Billing Address Po Box 9277 Shipping Address Corpus Cristi TX 78469 Coprus Christi TX Billing Email philipa@cctexas.com Shipping Email philipa@cctexas.com Billing Phone (361)826-1900 Shipping Phone (361)826-1900 Billing Mobile 3618264482 Shipping Mobile 3618264482 Billing Fax (361)826-4394 Shipping Fax (361)826-4394 Product Details Asset Year Chassis Chassis Chassis Vin Product License Miles Hours Truck Number Make Model Family Plate M Location 5023019 2024 Mack GR64BR 1 M2GR3GC6RM042213 Roll Off DD60AC 14,637.26 600.90 Hutchins,TX 5023037 2024 Peterbilt 567 1 NPCLPDX7RD642644 Roll Off DD87DA 4,454.73 195.90 Houston,TX Pricing Details TransportationAsset Line Item Description Quantity Sales Total Product Rental Rental Number Price Price Cost Date Date 5023019 Long Term Roll Off on a multi-weekly 52.00 $2,275.00 $118,300.00 $1,800.00 7/1/2024 6/29/2025 basis 5023037 Long Term Roll Off on a multi-weekly 52.00 $2,275.00 $118,300.00 $1,800.00 7/1/2024 6/29/2025 basis RENTAL CONTRACT PRICING SUMMARY Order Subtotal $236,600.00 Total Amount Due $240,200.00 Total Security $0.00 Deposit Total Transportation$3,600.00 Cost NOTES/EXPLANATION OF ADDITIONAL COSTS: Special Terms Pricing is for a 4-week rental period for 12 months for(2)Roll Off and is based on OMNIA Partners National Cooperative Contract #2019000319. Page 1 of 2 DocuSign Envelope ID: 1E233655-30A64D20-1306A-9691A043F761D ROUTE BTR I kiaRERDY Quote#00040202 Transportation is one way. Return transport will be charged at end of rental term and will be determined based on availability at dealer location at time coPnpletion of rental,not exceed$3,600.00. Page 2 of 2 Sc 0 C7 MCOBPOHP,�0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 16, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Infor Workforce Management Licenses CAPTION: Motion to purchase additional Infor Workforce Management (WFM) software licenses from Infor, LLC, for a total amount of $640,056.99, with the license fee to be paid annually to align the new WFM licenses with existing licenses expiring in 2027, with FY 2024 funding of $68,856.99 from the IT Enterprise Applications Fund and remaining payments to be budgeted in future fiscal years. SUMMARY: Infor's Workforce Management is an approved budget initiative which provides for leave requests, electronic overtime and timecard approval, schedules, leave balances, manage add-on and certification pays, pay code rules, electronic approval workflows and other time management processes. Infor's Workforce Management system will replace the existing Kronos Time Keeping system. BACKGROUND AND FINDINGS: The City of Corpus Christi is in the final phases of implementing Infor's Workforce Management (WFM) timekeeping module. The move to Infor's Workforce Management will improve timekeeping, implement automated approval workflows, improve security, shorten time to complete payroll, and make information more readily available to managers and employees. This agreement is for subscribing to the remaining licenses needed to complete the implementation for all employees of the City of Corpus Christi. PROCUREMENT DETAIL: This procurement for the Infor license agreement is being facilitated through the Subscription License and Services Agreement between Infor (US), LLC ("Infor") and City of Corpus Christi, Texas ("Customer" or "Licensee") with an effective date of April 23, 2021 (the "Agreement"). ALTERNATIVES: No alternatives. FISCAL IMPACT: The FY 2024 fiscal impact is $68,856.99 to the Information Technology Fund, with future years budgeted through the annual budgeting process. FUNDING DETAIL: Fund: 5210 Information Technology Organization/Activity: 40470 IT Enterprise Applications Project # (CIP Only): n/a Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing this service agreement with Infor as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Order Form City of Corpus Christi Price Sheet Finance & Procurement Infor Workforce Management Licenses Sr. Buyer: Minerva Alvarado Infor, LLC New York Services Fees for Year 1 Workforce Management Term: 6/21/2024 - 10/30/2024 $68,856.99 Services Fees for Year 2 Workforce Management Term: 10/31 /2024 - 10/30/2025 $190,400.00 Services Fees for Year 3 Workforce Management Term:10/31/2025 - 10/30/2026 $190,400.00 Services Fees for Year 4 Workforce Management Term 10/31/2026 - 10/30/2027 $190,400.00 Total 1 $640,056.99 t: Order Form Agreement ID:ICMOF_168939 Opportunity ID:OP-04445233 Quote ID: SQB442888 1 Infor Entity("Infor"): Infor(US), LLC Customer("Customer" or"Licensee"): City Of Corpus Christi, Texas SaaS Agreement Name: Software as a Service Agreement SaaS Agreement Effective Date: 23 April 2021 This Order Form is subject to the terms of the SaaS Agreement between the parties. All terms of the SaaS Agreement are incorporated herein by reference. In the event of a conflict, the terms of this Order Form control over the terms of the SaaS Agreement. Capitalized terms not defined in this Order Form are defined in the SaaS Agreement. In the event the capitalized terms in this Order Form differ from the terminology used in the SaaS Agreement,the parties shall apply terms logically. Effective date of this Order Form(the"Order Form Date")shall be the last date that this Order Form is executed either by Customer or Infor, unless otherwise stated. THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. For: Infor(US), LLC For: City Of Corpus Christi, Texas (Infor) (Customer or Licensee) Signature Signature Typed or Printed Name Typed or Printed Name Title Title Signature Date Signature Date APPROVED AS TO LEGAL FORM: Assistant City Attorney Date SQB442888_1 OP-04445233 ICMOF_168939 Version 24 10-Jun-24 Sehrish Bhayani Page 1 of 3 Order Form Agreement ID:ICMOF_168939 0Opportunity ID:OP-04445233 Quote ID: SQB442888 1 Customer: City Of Corpus Christi, Texas GL ID: USOAB Customer Account ID: 100013196 Account Executive: Matthew Dey I. Software New or Additional Software Line Location Product Description Use Support Restriction Level 1 PROD:Corpus Workforce Management MVS Bundle-SaaS MT 1700 CXTE Christi Employee 2 PROD:Corpus Workforce Management Time & Attendance - SaaS 1700 CXTE Christi Bundle-SaaS MT Employee Annual Subscription Fee: $190,400.00 Initial Subscription Term: June 21, 2024 through 30 October 2027 Fee for Initial Subscription Term: $640,056.99 II. Fees and Payment Terms Total Amount Due(before applicable taxes): $640,056.99 Currency: US (Dollar) The Total Amount Due shall be paid in the following installments: Invoice Amount Invoice Date Invoice Due Date Subscription Term (before applicable taxes $68,856.99 06/21/2024 07/21/2024 06/21/2024-10/30/2024 $190,400.00 10/1/2024 10/31/2024 10/31/2024-10/30/2025 $190,400.00 10/1/2025 10/31/2025 10/31/2025-10/30/2026 $190,400.00 10/1/2026 10/31/2026 10/31/2026-10/30/2027 Primary-Use Address Invoice Address City Of Corpus Christi, Texas City Of Corpus Christi, Texas 1201 Leopard Street PO Box 9277 Corpus Christi Corpus Christi TX TX USA USA 78401 78469 Holly Houghton Holly Houghton 361-826-3735 holly@cctexas.com ITlnvoice@cctexas.com III. Additional Terms SQB442888_1 OP-04445233 ICMOF_168939 Version 24 10-Jun-24 Sehrish Bhayani Page 2 of 3 1. Use Definitions if specified in the User Restriction field can be found at https://lice nsedefinitions.infor.com/ 2. Support Level Definitions: "CXT" = Infor Essential(24X5); "CXTP" = Infor Premium(24x7); "CXTE" = Infor Customer Success Plus program; "CCFS" = Infor CareFor Success program; Descriptions of these plans can be found at hftp://www.infor.com/cloud/subscription/ 3. Unless excluded by applicable law, Infor reserves the right to issue invoices electronically. 4. Customer's purchase of the licenses specified herein is not contingent or dependent upon the provision of any consulting services Customer may choose to purchase from Infor contemporaneously with this Order Form or in the future. 5. In consideration forthe pricing and terms underthis order form, Infor may referto Customer as a customer in press releases and written and verbal communications. Customer agrees to act as a reference for Infor, including participating in reference calls and other reference activities as may be reasonably requested by Infor. 6. Please visit https://www.infor.com/customer-center/MTcloud for benefits related to the Infor Multi-tenant Cloud Customer Bill of Rights(only applicable to Software hosted in a multi-tenant environment). 7. The Service Level Agreement and the Information Security Plan set forth additional terms and conditions applicable to Customer's access to the Software and use of the Subscription Services. In the event of a conflict between the terms and conditions of the Agreement and the provisions of the Service Level Agreement or Information Security Plan, the provisions of the Service Level Agreement or Information Security Plan shall govern and control. The Service Level Agreement can be found at: Infor service level description I Infor The Information Security Plan can be found at: https://www.infor.com/security-plan 8. The Data Protection Agreement("DPA")for Infor Customers v.10.23, as amended from time to time and located at https://www.infor.com/data-protection-agreements is hereby incorporated by reference with the same force and effect as though fully set forth herein. The Parties agree that signatures to the Order Form are deemed signatures to the DPA and the Standard Contractual Clauses (if applicable). The foregoing DPA will not apply to the extent Customer has separately executed a DPA with Infor. SQB442888_1 OP-04445233 ICMOF_168939 Version 24 10-Jun-24 Sehrish Bhayani Page 3 of 3 SC 0 C7 MCOBPOHP,�0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 16, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Infor PreProd Enhancement CAPTION: Motion authorizing two amendments to the contract with Infor, LLC, of New York, NY, in a combined amount not to exceed $303,783.63, to provide a dedicated server environment for the advance testing of software patches and to provide support services for the enhancement of Infor's Public Sector module, respectively, through the contract term's ending date of October 30, 2026, with FY 2024 funding of $144,177.80 from the IT Enterprise Applications Fund and remaining payments to be budgeted in future fiscal years. SUMMARY: The City of Corpus Christi currently uses Infor's Financial, Human Resources, Permitting and Utility Billing modules. The City of Corpus Christi wants to execute an agreement with Infor for a dedicated environment to test patches and enhancements prior to being implemented into our production environment. BACKGROUND AND FINDINGS: The City of Corpus Christi uses Infor for Finance (Accounts Payable, Accounts Receivable, Payroll, Travel, and Procurement), Human Resources (Recruitment, Benefits, Learning and Compensation), and Public Sector (Utility Billing and Development Services permitting). Infor also supports the Utility Billing Payment portal for citizens, as well as the online permit application process for developers. We are also in the process of implementing Infor's Workforce Management (WFM) (timekeeping) and Code Enforcement modules. Infor releases monthly and quarterly enhancements, patches and updates to the software. Currently, the City is unable to test these updates and patches on an dedicated environment to understand the impact these updates and enhancements may have. Subscribing to this dedicated environment will allow for the City to test product releases, enhancements and updates to help mitigate and improve daily business processes. PROCUREMENT DETAIL: This procurement for the Infor license agreement is being facilitated through the Subscription License and Services Agreement between Infor (US), LLC ("Infor") and City of Corpus Christi, Texas ("Customer" or "Licensee") with an effective date of April 23, 2021 (the "Agreement"). ALTERNATIVES: Not to approve this new environment. FISCAL IMPACT: The FY 2024 fiscal impact is $144,177.80 to the Information Technology Fund, with future years budgeted through the annual budgeting process. FUNDING DETAIL: Fund: 5210 Information Technology Organization/Activity: 40470 IT Enterprise Applications Project # (CIP Only): n/a Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing this service agreement with Infor as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Agreement • Order Form Agreement ID: ICMRF_2757 Opportunity ID: OP-06964405 Quote ID: SQB445116 1 Infor Entity("Infor"): Infor(US), LLC Customer("Customer" or"Licensee"): City Of Corpus Christi, Texas This Order Form(the"Order Form")is for a renewal of Subscription Services for the Software specified herein previously ordered pursuant to certain order forms between the parties (the "Order Form(s)") under the applicable software subscription agreement between Infor and Customer(collectively, the "Agreement') (the SaaS agreement dated April 23, 2021). All applicable terms of the Agreement are incorporated herein by reference. In the event of a conflict, the terms of this Order Form control over the terms of the Agreement. Capitalized terms not defined in this Order Form are defined in the Agreement. In the event the capitalized terms in this Order Form differ from the terminology used in the Agreement,the parties shall apply terms logically. Effective Date:The date of countersignature by Infor THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. For: Infor(US), LLC For: City Of Corpus Christi, Texas (Infor) (Customer or Licensee) Signature Signature Typed or Printed Name Typed or Printed Name Title Title Signature Date Signature Date OP-06964405 ICMRF_2757 Page 1 of 4 • Multi-Year Commitment Customer: City Of Corpus Christi, Texas GL ID: USOAB Customer Account ID: 100013196 I. The parties agree as follows: The Renewal Term is 16 February 2024 through 30 October 2026 ("Committed Renewal Term") and applies to the Software set out below. The Committed Renewal Term is a binding term, and neither party may exercise any rights of non-renewal or cancellation for convenience prior to the end of such Committed Renewal Term. For clarity, renewal means, with respect to subscription Software, that the Subscription Term is renewed, and, for on-premises Software, that Support is renewed. Subscription Software: Line Location Product Use Support Restriction Level 1 PPRD: Pre ION-S-ESSENTLS-CE: Infor OS Essentials- SaaS MT 1 Tech CXTE Production Platform 2 PPRD: Pre S3F-S-CSPSFSM-MT: Infor CloudSuite Public Sector 4000 CXTE Production Financials&Supply Management-SaaS MT Employee 3 PPRD: Pre TAM-S-CSHCMCORE-MT: Infor HR Talent GHR TM Core- 4000 CXTE Production SaaS MT Employee II. Fee for Committed Renewal Term Fee for the Committed Renewal Term (before applicable taxes): $138,859.02 Currency: US(Dollar) III. Payment Terms Payment Schedule: Invoice Fee (before applicable taxes) Payable by 1 $ 14,917.80 Upon Receipt for term 2/15/2024-6/04/2024 2 $49,500.00 Upon Receipt for term 6/05/2024-6/04/2025 3 $74,441.22 04 May 2025 for term 6/05/25-10/30/2026 Invoice Address City Of Corpus Christi, Texas 1201 Leopard St Corpus Christi TX OP-06964405 ICMRF_2757 Page 2 of 4 USA 78469 Rose Bond Holly Houghton holly@cctexas.com roseb2@cctexas.com IV. Additional Terms 1. Unless excluded by applicable law, Infor reserves the right to issue invoices electronically. 2. Use Restriction definitions if specified in the Use Restriction field can be found at https:Hlicensedefinitions.infor.com/. 3. If Customer fails to pay Infor any portion of the fee for the Committed Renewal Term within thirty (30) days of due date, then, in addition to other remedies Infor may exercise, Customer shall immediately be invoiced for, and shall be obligated to pay to Infor the total fee for the Committed Renewal Term, less any portion of the fee for the Committed Renewal Term previously paid (the "Damages"). If such amount is not paid within fifteen (15) days of invoice, Infor shall have no further obligation to provide Support or other Subscription Services for the Software, and Customer shall remain fully obligated to pay the Damages. 4. Customer agrees that it will take all necessary steps and make timely requests for the appropriation of funds to make all payments called for under the Agreement and use its best efforts and take all steps to cause such appropriations to be made. Customer represents that funding has been appropriated sufficient to pay amounts due under this Order Form for the current fiscal year. In the event that sufficient funds have not been appropriated for any fiscal year within the Subscription Term or for the Renewal Term,then Customer may terminate this Order Form at its option at the end of any then-current fiscal year which fiscal year ends on September 30 by giving notice to Infor as soon as reasonably practicable. For the avoidance of doubt, terminations under this section apply to any Customer fiscal year within the initial Subscription Term, subsequent Subscription Terms, and any Renewal Terms, and do not entitle Customer to any refund of prepaid fees paid in the then current-fiscal year of Customer. 5. Support Level Definitions: "CXT" = Infor Essential (24X5); "CXTP" = Infor Premium (24x7); "CXTE" = Infor Customer Success Plus program; "CCFS" = Infor CareFor Success program; Descriptions of these plans can be found at http://www.infor.com/cloud/subscription/ OP-06964405 ICMRF_2757 Page 3 of 4 OP-06964405 ICMRF_2757 Page 4 of 4 t: Order Form Agreement ID:ICMOF_105626 Opportunity ID:OP-04487846 Quote ID: SQB415870 1 Infor Entity("Infor"): Infor(US), LLC Customer("Customer" or"Licensee"): City Of Corpus Christi, Texas SaaS Agreement Name: Software as a Service Agreement SaaS Agreement Effective Date: April 23, 2021 This Order Form is subject to the terms of the SaaS Agreement between the parties. All terms of the SaaS Agreement are incorporated herein by reference. In the event of a conflict, the terms of this Order Form control over the terms of the SaaS Agreement. Capitalized terms not defined in this Order Form are defined in the SaaS Agreement. In the event the capitalized terms in this Order Form differ from the terminology used in the SaaS Agreement,the parties shall apply terms logically. Effective date of this Order Form(the"Order Form Date")shall be the last date that this Order Form is executed either by Customer or Infor, unless otherwise stated. THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. For: Infor(US), LLC For: City Of Corpus Christi, Texas (Infor) (Customer or Licensee) Signature Signature Typed or Printed Name Typed or Printed Name Title Title Signature Date Signature Date Order Form Agreement ID:ICMOF_105626 Opportunity ID:OP-04487846 Quote ID: SQB415870 1 Customer: City Of Corpus Christi, Texas GL ID: USOAB Customer Account ID: 100013196 Account Executive: Matthew Dey I. Software New or Additional Software Line Location Product Description Use Restriction Support Level 1 PPRD:Pre Infor Reporting for Expense Management-SaaS 5 Named Users CXTE Production 2 PPRD:Pre Infor Public Sector Suite-Asset Management Bundle 50 Named CXTE Production -SaaS MT Users 3 PPRD:Pre Infor Public Sector Suite -Water Meter Management 60 Named CXTE Production -SaaS MT Users 4 PPRD:Pre Infor Public Sector Suite-Call Center-SaaS MT 120 Named CXTE Production Users 5 PPRD:Pre Infor Public Sector Suite - CDR Enhanced Bundle - 143 Named CXTE Production SaaS MT Users 6 PPRD:Pre Infor Public Sector Suite-Customer Service Bundle- 120 Named CXTE Production SaaS MT Users 7 PPRD:Pre Infor Public Sector Suite - Customer Service - SaaS 120 Named CXTE Production MT Users 8 PPRD:Pre Infor Public Sector Suite-Utility Billing Bundle-SaaS 150000 CXTE Production MT Accounts 9 PPRD:Pre Infor Public Sector Suite-Microsoft Exchange-SaaS 120 Named CXTE Production MT Users 10 PPRD:Pre Infor Public Sector Suite-Open 311 API -SaaS MT 120 Named CXTE Production Users 11 PPRD:Pre Workforce Management MVS Bundle-SaaS MT 2000 Employee CXTE Production 12 PPRD:Pre Workforce Management Time &Attendance - SaaS 2000 Employee CXTE Production Bundle-SaaS MT 13 PPRD:Pre Infor Expense Management - SaaS for Expense 20000 CXT Production Reports I Documents Subscription Fee for July 30, 2024 through July 29, 2025: $79,760.00 Subscription Fee for July 30, 2025 through October 30, 2026: $100,082.41 Initial Subscription Term: July 30, 2024 through October 30, 2026 Fee for Initial Subscription Term: $179,842.41 Annual Subscription Fee: $79,760.00 II. Fees and Payment Terms Total Amount Due(before applicable taxes): $179,842.41 Currency: US (Dollar) Payment is due within 30 days of the date of the invoice. Customer shall pay the Annual Subscription Fee, in advance, as invoiced by Infor. The first Annual Subscription Fee, plus applicable taxes, will be invoiced on July 30, 2024. All other Annual Subscription Fees will be invoiced such that they are due prior to the commencement of the portion of the Subscription Term to which the Annual Subscription Fee applies. Primary-Use Address Invoice Address City Of Corpus Christi, Texas City Of Corpus Christi, Texas 1201 Leopard St PO Box 9277 Corpus Christi Corpus Christi TX TX USA USA 78401 78469 Holly Houghton Holly Houghton Holly@cctexas.com ITlnvoice@cctexas.com III. Additional Terms 1. User/License Definitions if specified in the User Restriction field can be found at https:Hlicensedefinitions.infor.com/ 2. Support Level Definitions: "CXT" = Infor Essential (24X5); "CXTP" = Infor Premium(24x7); "CXTE" = Infor Customer Success Plus program Descriptions of these plans can be found at http://www.infor.com/cloud/subscription/ 3. Unless excluded by applicable law, Infor reserves the right to issue invoices electronically. 4. Taxes. a. Customer is responsible for paying all sales, use, VAT or similar taxes relating this Agreement.Applicable tax amounts are not included in the Fees set forth on any Order Form and/or Work Order. Infor will invoice Customer for applicable tax amounts (if any), which shall be payable in accordance with this Agreement, the Order Form, and/or Work Order, as applicable. b.A Customer claiming exemption from Sales Tax must promptly provide Infor with documentation supporting such exemption (and update such documentation to the extent required by applicable Law), which documentation shall be satisfactory to establish an exemption at the sole determination of Infor.Any Customer that does not promptly provide documentation establishing an exemption from Sales Tax satisfactory to Infor shall not be entitled to any reimbursement, credit, or refund of any Sales Tax previously paid and remitted by Infor, except as Infor may otherwise determine in its sole discretion. In the event additional sales tax amounts are required, then Customer shall promptly remit payment for such additional sales taxes to Infor. 5. Google Third Party Products:1)Google, Inc. ("Google")retains all ownership and intellectual property rights in any Google Third Party Products, including but not limited to applicable "Google Content" licensed with or otherwise accessible via any Subscription Services, Software or On-Premise Software provided or licensed hereunder. "Google Content" means any content provided by Google through any Google Third Party Products or services (whether created by Google or its third party provider licensors), including map and terrain data, photographic imagery, and traffic data; 2) Customer is prohibited from publication of benchmark tests run on any Google Third Party Products; 3) Google is a third party beneficiary to this Order Form and any agreements between Customer and Infor,which govern this Order Form; 4) In connection with the Google Third Party Products, Customer shall at all times comply with the then current terms located at the following URLs: (i) the Google Maps / Google Earth Additional Terms of Service at: http://maps.google.com/help/terms_maps.html; (ii)the Google Maps/Google Earth Legal Notices at: http://maps.google.com/help/legalnotices_maps.html; and (iii)the Google Service's Acceptable Use Policy at: https://www.google.com/work/earthmaps/legal/universal_aup.html. 6. The Mobile Application Supplement is incorporated herein (the "Mobile Application Supplement") and sets forth additional terms and conditions applicable to Customer's access to and use of the Mobile Application Software licensed herein. The terms of the Agreement are hereby amended by the Mobile Application Supplement as it relates to the Mobile Application Software, in the event of a conflict between the terms and conditions of the Agreement and the provisions of the Mobile Application Supplement, the provisions of the Mobile Application Supplement shall govern and control. The Mobile Application Supplement can be found at: https://www.infor.com/mobile-application-supplement-on-saas. 7. Pre-Production (PPRD): Infor shall make available an environment for code testing purposes ("Pre-Production"). Not all components may be available in Pre-Production and availability in Pre-Production shall be at Infor's discretion. Infor targets, at its sole discretion, new releases to be available in the Pre-Production environment at a minimum of 14 days prior to promotion to a Production environment. Pre-Production includes only Infor multi- tenant products. Configuration and maintenance of integrations with non-Infor products for purposes of testing customer specific interfaces, is the responsibility of Customer. Critical incident support is not provided for Pre- Production. The Infor Pre-Production environment is scheduled to be accessible 24x7 during the Pre-Production Customer Preview Period (14 days per month). 8. Customer's purchase of the licenses specified herein is not contingent or dependent upon the provision of any consulting services Customer may choose to purchase from Infor contemporaneously with this Order Form or in the future. 9. Customer agrees that it will take all necessary steps and make timely requests for the appropriation of funds to make all payments called for under the Agreement and use its best efforts and take all steps to cause such appropriations to be made. Customer represents that funding has been appropriated sufficient to pay amounts due under this Order Form for the current fiscal year. "In the event that sufficient funds have not been appropriated for any fiscal year within the Subscription Term or for the Renewal Term, then Customer may terminate this Order Form at its option at the end of any then-current fiscal year which fiscal year ends on September 30 by giving notice to Infor as soon as reasonably practicable. For the avoidance of doubt, terminations under this section apply to any Customer fiscal year within the initial Subscription Term, subsequent Subscription Terms, and any Renewal Terms, and do not entitle Customer to any refund of prepaid fees paid in the then current-fiscal year of Customer 10. Please visit https://www.infor.com/customer-center/MTcloud for benefits related to the Infor Multi-tenant Cloud Customer Bill of Rights(only applicable to Software hosted in a multi-tenant environment). 11. The Service Level Agreement and the Information Security Plan set forth additional terms and conditions applicable to Customer's access to the Software and use of the Subscription Services. In the event of a conflict between the terms and conditions of the Agreement and the provisions of the Service Level Agreement or Information Security Plan, the provisions of the Service Level Agreement or Information Security Plan shall govern and control. The Service Level Agreement can be found at: Infor service level description I Infor The Information Security Plan can be found at: https://www.infor.com/security-plan The Data Protection Addendum ("DPA") for Infor SaaS Customers v.05.2023, as amended from time to time and located at Data Protection Addendum for Infor US SaaS Customers is hereby incorporated by reference with the same force and effect as though fully set forth herein. The Parties agree that signatures to the Order Form are deemed signatures to the DPA and the Standard Contractual Clauses (if applicable). The foregoing DPA will not apply to the extent Customer has separately executed a DPA with Infor. SC G� O� F U -OOPORN EO zs5 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 16, 2024 DATE: June 25, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services aeffreyea-cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2(a-)-cctexas.com (361) 826-1677 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)-cctexas.com (361) 826-3169 Construction Contract Award Elizabeth —Santa Fe to Staples Street Street B Corp (Fund 3250) CAPTION: Resolution authorizing a construction contract to Max Underground Construction of Corpus Christi, Texas in the amount of $2,417,262.99 for the reconstruction of Elizabeth Street, from Santa Fe to Staples,with new asphalt pavement, sidewalks, curbs and gutters, installation of ADA compliant curb ramps, signage, pavement markings, upgraded street illumination, and Utilities improvements, located in Council District 1 with FY 2024 funding available from the Type B Street, Storm Water, Water, Wastewater and Gas Capital Funds. SUMMARY: This resolution awards a construction contract with Max Underground Construction for the complete reconstruction of Elizabeth from Santa Fe to Staples. The existing roadway will be demolished and rebuilt with new asphalt pavement, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, in addition to surface improvements, the project includes storm water, water, wastewater, and gas infrastructure improvements. BACKGOUND AND FINDINGS: Elizabeth Street from Santa Fe Street to Staples Street is classified as a minor residential collector (Cl) roadway and is 0.26 miles in length with sixty foot right of way consisting of two travel lanes, one in each direction with sidewalks. The roadway is crucial to the city as it provides access to the Christus Spohn Hospital. The existing pavement contains various failures including alligator cracking, block cracking, longitudinal and traverse cracking, edge cracks, potholes, depressions, and raveling curb and gutter.The street is covered with patches of different colors from various repairs over time, leading to a significant decrease in the overall integrity of the pavement structure and a lower level of service. The proposed project will replace the existing asphalt pavement with new concrete pavement. It includes new driveways, ADA-compliant pedestrian enhancements, upgrading utilities, new signs, pavement markings and upgraded street illumination as needed. In addition, Elizabeth Street from Ocean Drive to Santa Fe Street is currently planned in the Rapid Pavement Program (RPP). Elizabeth RPP project is anticipated to be complete prior to the Elizabeth Type B project. The RPP project in conjunction with the Type B project will provide continuous pavement improvements from Staples Street to Ocean Drive. PROJECT TIMELINE: 2023—2024 2024 2024 - 2025 February— February March - July July - March Design Bid/Award Construction Project schedule reflects City Council award in July 2024 with anticipated completion by March 2025. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on April 15, 2024, for the proposed Elizabeth Street construction project. The solicitation includes one base bid for HMAC only. On May 22, 2024, the City received nine bids for the project. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID 4 Max Underground Construction $2,417,262.99 Jhabores Construction $3,006,100.76 Gerke Excavation $3,176,305.36 JE Construction Services, LLC $3,288,792.00 Mako Contracting $3,317,359.75 RS Parker Construction LLC $3,322,083.59 Leinneweber Concrete Construction $3,469,309.32 Reytec Construction $3,766,114.40 J Carroll Weaver $3,886,131.60 Engineer's Opinion of Probable Construction Cost $3,186,808.78 Max Underground Construction is the apparent Low Bidder. Max Underground Construction is from Corpus Christi, Texas. Max Underground Construction has successfully completed many construction projects in Texas Coastal Bend. Some of the recently completed street projects include 21044, 21055, 21107 Storm Water Infrastructure IDIQ, 18100A Citywide Storm Water Improvements IDIQ, 18042A Slough Road from Rodd Field to Dead End, Laguna Shores FM Replacement, and El3094 Staples from Alameda to Morgan. ALTERNATIVES: Council could choose not to award the contract to Max Underground Construction. This would delay the project and conflict with City Council's goal to expedite street projects. FISCAL IMPACT: The item proposes to award a construction contract to Max Underground Construction in the amount of$2,417,262.99 for the reconstruction of Elizabeth from Santa Fe to Staples. Project funds are available in Type B Street fund, Storm Water, Water, Wastewater and Gas Capital Funds. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2024. The project is ready to be implemented. Fund: Street B Corp (Fund 3250) Department: Streets (33) Organization: Grants & Capital Projects Funds (89) Project: Elizabeth St (Santa Fe to Staples) (Project No. 22208) Account: Construction Contract (550910) Activity: 22208-3250-EXP Amount: $941,076.93 Fund: Streets 2024 CO (Fund 3563) Department: Streets (33) Organization: Grants & Capital Projects Funds (89) Project: Elizabeth St (Santa Fe to Staples) (Project No. 22208) Account: Construction Contract (550910) Activity: 22208-3563-EXP Amount: $641,130.64 Fund: StrmWtr 2023 (Fund 4536) Department: Storm Water (47) Organization: Grants & Capital Projects Funds (89) Project: Elizabeth St (Santa Fe to Staples) (Project No. 22208) Account: Construction Contract (550910) Activity: 22208-4536-EXP Amount: $408,564.74 Fund: Water Cap Resv (Fund 4480) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Elizabeth St (Santa Fe to Staples) (Project No. 22208) Account: Construction Contract (550910) Activity: 22208-4480-EXP Amount: $121,233.02 Fund: WWWCP RR 032950 2023 (Fund 4260) Department: Wastewater (46) Organization: Grants & Capital Projects Funds (89) Project: Elizabeth St (Santa Fe to Staples) (Project No. 22208) Account: Construction Contract (550910) Activity: 22208-4260-EXP Amount: $299,194.03 Fund: Gas 2023 CIP (Fund 4562) Department: Gas (11) Organization: Grants & Capital Projects Funds (89) Project: Elizabeth St (Santa Fe to Staples) (Project No. 22208) Account: Construction Contract (550910) Activity: 22208-4562-EXP Amount: $6,063.63 Total: $2,417,262.99 RECOMMENDATION: Staff recommends awarding construction contract to Max Underground Construction, Corpus Christi, Texas for the reconstruction of Elizabeth from Santa Fe to Staples in the amount of $2,417,262.99 with construction duration planned for 9 months from City Council award in June 2024 with anticipated completion by March 2025. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation CIP Page Location Map Power Point Presentation Resolution authorizing a construction contract to Max Underground Construction of Corpus Christi, Texas in an amount of $2,417,262.99 for the reconstruction of Elizabeth Street, from Santa Fe to Staples,with new asphalt pavement, sidewalks, curbs and gutters, installation of ADA compliant curb ramps, signage, pavement markings, upgraded street illumination, and Utilities improvements, located in Council District 1 with FY 2024 funding available from the Type B Street, Storm Water, Water, Wastewater and Gas Capital Funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a construction contract with Max Underground Construction for reconstruction of Elizabeth Street from Santa Fe to Staples Street in the amount of $2,417,262.99. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary °,s,�,s, g ° ,>>, s„ ,°s�a°° is lot -To too lot 1:1 IT: lot 1=1 lot lot lot ATA ZEN to 1 P�. , , .= A= __ 1 s a. moo 111oo 111°o 1 1, 11X T, 1"M ............................. 'ikt-m'1W 1W 'W f,Z or m Capital Improvement Plan 2024 thru 2026 City of Corpus Christi, Texas Project# 22208 Project Name Elizabeth Street(Santa Fe to S. Staples) Type Improvement/Additions Department Public Works Useful Life 25 years Contact Director of Public Works a Category Street-Rehabilitation Priority Critical-Condition\longevity Council District 2 Status Active Description This project consists of reconstruction of existing 2 lane roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps, signage,pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility. This project is currently scheduled to begin construction in FY 2024. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 1,926,389 1,926,389 Design 147,578 147,578 Storm Water-St. 62,667 550,000 612,667 Wastewater-St 32,696 706,000 738,696 Water-St. 32,696 121,000 153,696 Gas-St. 8,174 5,000 13,174 Eng,Admin Reimbursements 30,000 330,000 360,000 Total 313,811 3,638,389 3,952,200 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 151,220 1,600,980 1,752,200 Certificates of Obligation(New) 1,000,000 1,000,000 Type A/B Sales Tax(Prior) 162,591 1,037,409 1,200,000 Total 313,811 3,638,389 3,952,200 Budget Impact/Other 71 There is no projected operational impact with this project,at this time.Once the project is completed it will be added to the Street Preventative Maintenance Program. 238 wr Location Flap t N ri 6 46 y 1;4 it -14 .. 1 �+ �"'�1 4 "► few I i t. .j Z- O PROJECT NO. 22208_ ELIZABETH STREET CITY COUNCIL EXHIBIT (SANTA FE TO STAPLES) DE EW<WMWERRwa Tam s E3 �y Corpus Chr sti Engineering Elizabeth (Santa Fe to Staples) Council Presentation July 16, 2024 x Vicinity Map Corp*ChIst, Engineering r�aet�N�eo,L � F �Eauew � Location Map SEVENTH _ , •�` ' ,_ Kiwi y � � Construction Project *hr Engineering This resolution awards a construction contract to Max Underground Construction for the complete reconstruction of Elizabeth from Santa Fe to Staples. The existing roadway will be demolished and rebuilt with new asphalt pavement, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, in addition to surface improvements, the project includes stormwater, water, wastewater, and gas infrastructure improvements. Project Schedule —� Corp*ChIst, Engineering 123—2024 20241 1 February —February March -July July- March Design Bid/Award Construction Projected Schedule reflects City Council award in July 2024 with anticipated completion in March 2025. se 0 0 PH P AGENDA MEMORANDUM NCORPO0.1¢ Action Item for the City Council Meeting of July 16, 2024 1852 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(u-)-cctexas.com (361) 886-2603 Authorizing an auto renewing Interlocal Agreement between the City and San Patricio County for the services of an Intoxilyzer Technical Supervisor CAPTION: Resolution authorizing an amendment to the Interlocal Agreement between the City of Corpus Christi and San Patricio County to increase the annual cost from $18,500.00 to $28,000.00 for inspection, calibration, technical support, and annual certifications for the Corpus Christi Police Department's intoxilyzer program, with FY 2024 funding in the amount of$28,000.00 from the Law Enforcement Trust Fund State. SUMMARY: This resolution authorizes an amendment to the Interlocal Agreement between the City of Corpus Christi and San Patricio County for calibration of the Corpus Christi Police Department's intoxilyzer machine. By State Law, the Corpus Christi Police Department's intoxilyzer machine must be inspected and serviced by a State certified Intoxilyzer Technical Supervisor to ensure that the findings are accurate and will be upheld in court. BACKGROUND AND FINDINGS: In July 2017, the City entered into an interlocal agreement with San Patricio County for the services of an Intoxylizer Technical Supervisor to be used by the Corpus Christi Police Department (CCPD) for its intoxilyzer program. Although CCPD does have its own certified intoxlizer operators, the Texas Department of Public Safety (TDPS) requires that intoxilyzer machines be inspected and calibrated at least monthly by a Texas Department of Public Safety certified Intoxilyzer Technical Supervisor. TDPS also requires that an Intoxilyzer Technical Supervisor provide technical support and an annual certification program for intoxilyzer operators. San Patricio County's certified Intoxilyzer Technical Supervisor is the only one in the region, which is why the City entered into the interlocal agreement with San Patricio County for Intoxilyzer Technical Supervisor services. Since the execution of the current interlocal agreement in 2017, San Patricio County's intoxilyzer program budget has increased from $95,408.00 to $137,096.00 for FY 2024. However, the cost of the Intoxilyzer Technical Advisor services through the interlocal agreement between the City and San Patricio County has remained at $18,500.00 per year. The increased budget is due to salary increases over the last six years, increased costs of equipment repair parts, and increased costs for general supplies (mouth pieces, paper, and toner intoxilyzer equipment). The increased budget also reflects the additional workload for San Patricio County's Intoxilyzer Technical Supervisor who currently provides 24/7 technical support and the management of annual certifications for 46 operators as compared to 23 operators when the agreement began in 2017. Furthermore, CCPD expects to have 55 certified intoxilyzer operators by the end of 2024, which will further increase the Intoxilyzer Technical Supervisor's workload. Due to increased costs and workload, the San Patricio County Judge and Commissioners' Court have therefore requested that the City provide an additional $10,000 per year for the Intoxilyzer Technical Advisor's services. The proposed amendment would make the annual cost of the interlocal agreement increase from $18,500 per year to $28,000 per year. PROCUREMENT DETAIL: N/A ALTERNATIVES: The alternative is not to approve the proposed amendment; however, this would result in the inspection and calibration services for the City's intolxilyzer machine not being completed by a State certified Intoxilzyer Technical Supervisor until another one is found and hired. It would also mean that CCPD's intoxilyzer operators would not be certified on an annual basis and would therefore not be allowed to administer intoxilyzers. This would result in CCPD having to cease their driving while intoxicated (DWI) operations. FISCAL IMPACT: The FY 2024 fiscal impact is in the amount of$28,000.00 from the Law Enforcement Trust Fund State. FUNDING DETAIL: Fund: 1074 Law Enforcement Trust Fund State Organ ization/Activity: 826000S Project # (CIP Only): N/A Account: 530000 Amount: $28,000.00 RECOMMENDATION: Staff recommends approving the amendment to the interlocal agreement with San Patricio County, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Letter from San Patricio County Interlocal Agreement Resolution authorizing the City Manager to execute an Interlocal Agreement between the City of Corpus Christi (City) and San Patricio County (County) whereby City agrees to pay County $28,000 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer (Breath Alcohol) Testing Equipment for 12-month period beginning January 1, 2024 through December 31, 2024 with auto renewal and right to terminate with 90 days' notice. Be it Resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council hereby authorizes the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi and San Patricio County whereby City agrees to pay County $28,000 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer (Breath Alcohol) Testing Equipment for 12- month period beginning January 1 , 2024 through December 31, 2024 with auto renewal and right to terminate with 90 days' notice. PASSED and APPROVED on the day of 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary INTERLOCAL AGREEMENT SAN PATRICIO COUNTY AND THE CITY OF CORPUS CHRISTI ("Agreement") WHEREAS SAN PATRICIO COUNTY, Texas employs Marie Ann Montoya as a Technical Supervisor in its Intoxilyzer Program for the benefit of the law enforcement and prosecution agencies of said County in their enforcement of the driving while intoxicated laws of the State of Texas; and, WHEREAS the CITY OF CORPUS CHRISTI, Texas desires the continued use of the professional services of the said Marie Ann Montoya for the benefit of the law enforcement and prosecution agencies of said CITY in like enforcement of said laws, the Parties hereto enter into the following Agreement: 1. PARTIES The following local governmental entities are Parties to this Interlocal Agreement and the signatures of their authorized representatives below indicate acceptance of its terms: A. SAN PATRICIO COUNTY, Texas, ("COUNTY") acting by and through its Commissioners' Court; and B. The CITY OF CORPUS CHRISTI, Texas, ("CITY") acting by and through its City Council. 2. INTENT It is the intent of the Parties to enter into an Agreement as provided in the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The subject of the Agreement, providing the services of an Intoxilyzer Technical Supervisor as an adjunct of the law enforcement responsibility of the Parties, is a function within the contemplation of the Act and one which each Party is authorized to perform independently, irrespective of this Agreement. 3. TERMS OF AGREEMENT This Agreement shall be in effect for the period beginning on January 1, 2024, and ending at midnight on December 31, 2024, unless terminated by one or both Parties. The term of the Agreement shall be automatically renewed for subsequent twelve (12) month periods, subject to the termination provisions contained herein. Either Party may terminate its participation in the Agreement by giving the other Party ninety (90) days' notice, in writing, of such termination. Anything in this Agreement to the contrary notwithstanding, CITY shall not be relieved of its obligation to pay COUNTY when due all amounts which accrued prior to such termination. The CITY shall pay COUNTY an amount of Twenty-Eight Thousand and no/100 Dollars ($28,000.00) per twelve-month period for the above-described services of the said Technical Supervisor. Subject to the termination provisions contained herein, and subject to 1 annual appropriations by the City Council,such payments will become due on December 31,2024, and shall be paid thereafter on the last day of December of each succeeding year. The CITY shall make annual payment by check in one lump sum of$28,000.00 and shall be received by COUNTY not later than January 15, 2025, and thereafter on the 15th day of January of each succeeding year. A late fee of$50.00 per day will be charged if the annual payment is not received by COUNTY by January 15th. Payment will be delivered to the following address by certified mail,postage pre- paid, and effective five days after mailing or upon personal delivery. The check shall be made payable to"San Patricio County"and delivered or mailed to 1301 E. Sinton Street, Suite C, Sinton, Texas 78387. 4. PERSONNEL Marie Ann Montoya, a trained toxicologist, is certified as a Technical Supervisor by the Texas Department of Public Safety. She is employed by COUNTY as administrator of that County's Intoxilyzer Program. The salary of Marie Ann Montoya is determined by the COUNTY'S Commissioners' Court and shall be included in the budget of said COUNTY. In the event that Marie Ann Montoya should become disabled, her employment be terminated, or she is otherwise rendered unable to perform the services contemplated by this Agreement, the Parties may terminate this Agreement or negotiate for further services to be performed by another qualified individual. Termination under this Section, or Section 3 above, shall not affect obligations incurred by the Parties before the Agreement was terminated. All funds due or collected pursuant to this Agreement shall be pro-rated to the day of termination of this Agreement and shall be paid or refunded as necessary to effect the purposes hereof. Each party acknowledges that all expenditures under this agreement shall be paid with current revenues of the paying party. 5. DUTIES OF THE PARTIES The Intoxilyzer instrument(s) in CITY shall be inspected and serviced at least once a month. The Technical Supervisor shall keep a record of such services as required by law and be available to testify as a witness with reference to said instrument(s)in the courts of Nueces County. The Technical Supervisor shall keep a record of all professional duties and services performed in her official capacity. The record shall include time spent performing each duty for the COUNTY and/or CITY of service, respectively. The Technical Supervisor shall prioritize competing demands for services in the order of official notification at the address and telephone number provided by the Technical Supervisor. The CITY POLICE DEPARTMENT shall provide all consumable items and extraordinary repairs required to operate their breath alcohol testing program. 6. NON-EXCLUSIVITY COUNTY has established a cost-sharing relationship with the CITY concerning the services of a Technical Supervisor. COUNTY reserves the right to enter into interlocal 2 agreements with other governmental entities similar to the Agreement hereby established and nothing herein shall be construed as a limitation thereof. 7. GOVERNING LAW AND VENUE This Agreement will be construed under and in accordance with the laws of the State of Texas and venue for any dispute or litigation between the Parties will be San Patricio County, Texas. 8. ACCEPTANCE AND APPROVAL This Agreement and all obligations hereunder shall not be binding on the Parties until approved by the respective Commissioners' Court and/or City Councils by majority vote on motions reflecting the entire term of this Agreement. Said approval shall be entered in the minutes and attested below by the clerks of the respective Courts. APPROVED by resolution of the City Council of Corpus Christi, Texas, on the day of , 20 CITY OF CORPUS CHRISTI, TEXAS Peter Zanoni, City Manager ATTEST: Rebecca L. Huerta, City Secretary Legal Form Approved , 20_; Assistant City Attorney for Miles Risley, City Attorney APPROVED by resolution of the Commissioners' Court of San Patricio County,Texas, on the day of , 20 SAN PATRICIO COUNTY, TEXAS David R. Krebs, County Judge ATTEST: Gracie Alaniz-Gonzales, County Clerk I � FQpTEXAS BREATH ALCOHOL TESTING PROGRAM w ` ' > Aransas, Nueces, and San Patricia Counties 506 Belleview Dr. —Corpus Christi, Texas 78412 E-mail: mariemontoya02OggmaiLcom MARIE MONTOYA Mobile: (956)342-8407 Technical Supervisor Area 20 January 9, 2024 Chief Mike Markle Corpus Christi Police Department 1201 Leopard Street Corpus Christi, Texas 78401 Dear Chief Markle: On July 20, 2017, the city of Corpus Christi entered into an interlocal agreement with San Patricio County for the services of a Technical Supervisor for the Corpus Christi Police Department's breath alcohol testing program. (Interlocal Agreement enclosed). The agreement has been executed annually since 2018 without a change in the fee of eighteen thousand five hundred dollars ($18,500.00)per year. In 2016 the State-mandated replacement of the Intoxilyzer 5000 with the Intoxilyzer 9000. As of May 2, 2016 the police department's Intoxilyzer 5000 was replaced with the Intoxilyzer 9000 in order to meet the states requirements in instrumentation. In 2021, the police departments intoxilyzer was damaged when a subject vomited into the intoxilyzer causing the intoxilyzer to be damaged beyond repair. A new instrument was provided by the state via a grant, saving the Corpus Christi Police Department from having to purchase a new instrument. An audit of the time and expenses related to my supervision of the Corpus Christi Police Department's program indicates that a more equitable fee be collected to pay for the increase in the workload associated with my management of the city's breath alcohol testing program. Currently, Corpus Christi PD is responsible for about forty percent of the testing activity in my area. Therefore, the San Patricio County Judge and Commissioners' Court, which oversee the budget for Area 20 of the Texas Breath Alcohol Testing Program, request that the City of Corpus Christi provide a twenty percent share of the budget for the program. The adopted fiscal year 2024 budget for the program is one hundred thirty-seven thousand and ninety-six dollars ($137,096.00), which makes the city's share of the budget approximately twenty-eight thousand dollars ($28,000.00). 1 Should this proposal be acceptable to the City of Corpus,please notify me as soon as possible so that a new interlocal agreement can be drafted and submitted to all parties for adoption. Respectfully submitted, Marie Montoya, Technical Supervisor Texas Breath Alcohol Testing Program, Area 020 cc: Pat Eldridge, Police Management Service Director 2 se o° a 0 A H U AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 16, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager HeatherH3(o)CCTexas.com (361) 826-3506 City of Corpus Christi Investment Policy and Investment Strategies CAPTION: Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for the Fiscal Year 2024-2025 SUMMARY: The Public Funds Investment Act requires an annual review by the governing body of its investment policy and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments for Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the "Public Funds Investment Act". In accordance with the Public Funds Investment Act, the governing body must approve the City's investment policy annually. Last year, City Council approved the City's Investment Policy and Investment Strategies on July 18, 2023. There are no amendments being made to the previous fiscal year's 2023-2024 Investment Policy and Investment Strategies document. The City's Investment Committee met on May 6, 2024, and voted to approve the Investment Policy as presented, with no changes. The Investment Committee is comprised of the City Manager, Chief Financial Officer, Director of Finance, Assistant Director of Finance and the Director of Management and Budget. Linda Patterson with Meeder Public Funds, the City's Investment Advisor, has also reviewed the Investment Policy and Investment Strategies. ALTERNATIVES: Make changes to the Investment Policy. FISCAL IMPACT: N/A Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: City staff recommends approval of the resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2024-2025 as presented. LIST OF SUPPORTING DOCUMENTS: City of Corpus Christi Investment Policy and Investment Strategies 2024-2025 City of Corpus Christi Investment Policy and Investment Strategies 2024-2025 (Red Line version) Resolution Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2024-2025. WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were first adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and investment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously reviewed and reaffirmed for fiscal year 2023-2024 pursuant to Resolution No. 033099 on July 18, 2023; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2024-2025 by the Investment Committee on May 6,2024, and recommended for approval with an updated reissuance date for reaffirmation by the City Council. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2024-2025. A copy of the Investment Policy, which contains the separate Investment Strategies for fiscal year 2024-2025, is incorporated by reference into this resolution as if set out here in its entirety. Section 2. With an updated issuance date that coincides with the date this resolution is passed, the City Council approves the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2024-2025, appoints the investment officers as named and authorized in the Investment Policy and Investment Strategies, and reaffirms the continuation of the policy and strategies in full force and effect. PASSED AND APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary -A City of Corpus Christi Investment Policy and Investment Strategies Adopted July 16, 2024 TABLE OF CONTENTS I. POLICY STATEMENT............................................................................. 1 II. SCOPE................................................................................................. 1 III. PRUDENCE......................................................................................... 2 IV. OBJECTIVES ....................................................................................... 2 V. LEGAL LIMITATIONS AND AUTHORITIES ............................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY .......................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS ..... 4 VIII. AUTHORIZED INVESTMENTS ........................................................... 5 IX. COLLATE RALIZATION ......................................................................... 7 X. SAFEKEEPING...................................................................................... 8 XI. INTERNAL CONTROLS ........................................................................ 8 XII. REPORTING....................................................................................... 9 XIII. DEPOSITORIES ............................................................................... 10 XIV. AUDITS AND COMPLIANCE WITH LAWS ........................................ 10 XV. INVESTMENT POLICY ADOPTION.................................................... 10 XVI. INVESTMENT STRATEGIES ............................................................. 11 APPENDIX A. RESOLUTION .................................................................................... 13 i CITY OF CORPUS CHRISTI INVESTMENT POLICY AND INVESTMENT STRATEGIES Adopted July 16, 2024 This Investment Policy ("Policy") sets forth the specific policies and guidelines and general strategy for the investment of funds of the City of Corpus Christi ("City") in order to achieve the City's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the City that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the City and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the City. II. SCOPE This Policy governs the investment of all funds of the City as reported in the Annual Comprehensive Financial Report, except for the following: A. Employee's Retirement Fund, and B. Fireman's Retirement System. With respect to the funds of non-profit corporations that are established by City Council resolution and act on behalf of the City in accordance with State law,this Policy shall prevail in the absence of a specific investment policy adopted by the non-profit corporation. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt and reserve funds) of the City or of a non-profit corporation established by the City and acting on behalf of the City in accordance with State law shall be governed and controlled by their creating ordinance, resolution or trust indenture, including the authorization of eligible investments, and by the provisions of the Internal Revenue Code of 1986, as amended, including all regulations and rulings promulgated thereunder applicable to the issuance of tax- exempt obligations. All funds in the investment portfolio ("Portfolio") of the City are managed as a pooled fund group, referenced in this Policy as the City's Pooled Fund, except the following, which are managed as separately invested assets: Page 1 of 13 A. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the City's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer,to assure that the City meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the City. D. Diversification The City will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. Page 2 of 13 V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. City Council The City Council has ultimate fiduciary responsibility for all funds. The City Council is responsible for reviewing and adopting the Policy on no less than an annual basis. The City Council shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall consist of the City Manager, Chief Financial Officer, Director of Finance & Procurement ('Finance"), Assistant Director of Finance, and Director of Management and Budget. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio. At least annually, the Investment Committee shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council. C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the Chief Financial Officer, Director of Finance, Assistant Director of Finance, City Treasurer and Investment Analyst. The Investment Officers are responsible for the daily operation of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions. Each Investment Officer shall attend at least 10 hours of training within 12 months after taking office or designation as an Investment Officer and eight hours of investment training in each succeeding two-year fiscal period. Training must be received from an independent source approved by the City's Investment Committee and must include education in Page 3 of 13 investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio and compliance with the Act. The Investment Officers will avoid any transaction that might impair public confidence in the City. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. In order to ensure quality and capability of investment management, the Investment Officers shall possess sufficient working knowledge of economics and securities markets, as well as the experience and judgment necessary to carry out the responsibilities outlined in this Policy. D. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the City's Code of Ethics which requires disclosure of financial interests each year. Investment Officers shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Investment Officers shall disclose to the City Council any material investment decisions and financial interests in institutions that conduct investment or banking transactions with the City. Investment Officers must file a disclosure statement with the Texas Ethics Commission and City Council if: 1. The Investment Officer has a personal business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i)(1-3)); or 2. The Investment Officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the City. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers approved by the Investment Committee. No investment transactions may be entered into with a brokerage subsidiary of the City's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the City as Page 4 of 13 required by the Act. Investments shall only be made with local government investment pools which have provided the City with a written certification executed by a qualified representative of the pool acknowledging that the pool has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII. AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described by the Act. If additional types of securities are approved for investment of public funds by State statute,they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. The City is not required to liquidate investments that were authorized investments at the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(a)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured or collateralized depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure Page 5 of 13 plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the City Council (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured or collateralized interest-bearing depository accounts of banks in Texas [2256.009(a)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(a)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the City's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. A101, or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the City to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the city depository; and 4. Repurchase agreements. Two or more bids or offers must be solicited for all other transactions involving individual securities with the exception of guaranteed investment contracts, which require at least three bids or offers. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Certificates of deposit may be solicited in any manner permitted by the Act. C. DVP Requirement All transactions, excluding local government investment pool and mutual fund transactions, shall be conducted on a DVP basis. Page 6 of 13 IX. COLLATERALIZATION The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of the Depository Services Agreement, this Policy, the Public Funds Collateral Act (Texas Government Code, Chapter 2257), and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A. Time and Demand Deposit Pledged Collateral Consistent with State law, the City requires all bank time and demand deposits to be federally insured and collateralized above federal insurance coverage with eligible securities. Depository collateral is pledged to and not owned by the City. All collateral shall be held by independent third-party custodian(s) approved by the City under an executed collateral agreement with the pledging bank. The custodian(s) shall provide a monthly report of the collateral. The value of pledged securities must be at least 102%of deposits including accrued interest. Eligible collateral securities shall only include: 1. Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage backed securities and collateralized mortgage obligations passing the Federal Reserve bank test, 2. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated not less than A by a nationally recognized rating agency, or 3. Irrevocable letters of credit issued to the City by a federal home loan bank. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Collateralization often requires substitution. The substituted collateral's market value will be calculated and, if its market value is equal to or greater than the required collateral value, the substitution is allowed. Substitutions should be limited to minimize the City's transactional recording requirements. Should the collateral's market value exceed the required amount, the pledging Institution may request approval from an Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the total collateral market value exceeds the required amount. B. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the City (2256.011). It will be held by an independent third-party safekeeping institution approved by the City under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required, and the third-party is responsible for the monitoring and maintaining of collateral and margins daily. Page 7 of 13 Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the U.S. Government, its agencies and instrumentalities including mortgage-backed securities and CIVIC) which pass the bank test; or 3. Debt obligations of any U.S. state or U.S. state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The City shall maintain safekeeping with its banking institution or other banks for the safekeeping of City-owned securities (including those owned under a repurchase agreement or guaranteed investment contract). All collateral must be held in the City's name and must be so reflected on the safekeeping receipts. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the City's depository bank in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the City. Executive management of the City will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the Page 8 of 13 period the investment does not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the City, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the City above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and City Council a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the City; C. Be signed by each Investment Officer of the City; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in City for which each individual investment was acquired; and H. State the compliance of the investment portfolio of the City as it relates to: 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to City Council by that auditor. In addition to quarterly reports, the Investment Officers will submit to the Director of Finance the following reports on a monthly basis: Page 9 of 13 A. Cash position by bank account; B. Collateral position; and C. Investment transaction. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The City Council shall review and adopt by resolution its Investment Policy and Investment Strategies not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategies. Page 10 of 13 XVI. INVESTMENT STRATEGIES The City's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs for each fund. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and- hold portfolio. Information on expected expenditures from the executive management of the City will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The investment strategy for funds established after the annual Policy adoption will be managed in accordance with the terms of this Policy and applicable agreements until a specific strategy is reviewed and adopted. A. Pooled Fund Strategy The City's Pooled Fund is an aggregation of City funds which include tax receipts, enterprise revenue, fine and fee revenues, as well as, bond proceeds, grants, gifts, and endowments. The City's Pooled Fund may include funds from various Corporations associated with the City which receive income distributions from their pro-rata share of the full fund group. The City's Pooled Fund is maintained to meet anticipated daily cash needs for City operations, capital projects, and debt service payments. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Limit market and credit risk through diversification; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The City's Pooled Fund shall have a maximum dollar-weighted average maturity (WAM) of one year (365 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15% of the City's Pooled Fund shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in City cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The fund should track the risk benchmark but will naturally Page 11 of 13 lag as market interest rates, which adjust daily, move. B. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow Fund Strategy This escrow fund was established pursuant to an escrow agreement dated as of August 29, 2017 with The Bank of New York Mellon Trust Company, N.A. Escrow will be maintained with The Bank of New York Mellon Trust Company, N.A. in investments authorized by the Act and this Policy. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by The Aviation Safety and Capacity Expansion Act of 1190 (Public Law 101-508, Title II, Subtitle B). The revenue is segregated as required by the Passenger Facility Charge Audit Guide for Public Agencies, issued by the Federal Aviation Administration. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. D. Law Enforcement Seized Assets Fund Strategy The Law Enforcement Seized Assets Fund is comprised of seized contraband money that, per the Code of Criminal Procedure, Chapter 59, Article 8, may be deposited in an interest- bearing bank account in the jurisdiction of the attorney representing the State until final judgment is rendered concerning the contraband. The objective of this fund is to ensure safety of principal by investing only in a fully FDIC-insured or collateralized interest-bearing depository account of banks in Texas. Since the revenue will only be deposited into this type of investment,there is no liquidity risk, market risk, diversification risk, nor credit risk. Page 12 of 13 City of Corpus Christi Investment Policy and Investment Strategies Adopted July 16, 202^ '�& TABLE OF CONTENTS I. POLICY STATEMENT............................................................................. 1 11. SCOPE................................................................................................. 1 III. PRUDENCE......................................................................................... 2 IV. OBJECTIVES ....................................................................................... 2 V. LEGAL LIMITATIONS AND AUTHORITIES ............................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY .......................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS ..... 4 VIII. AUTHORIZED INVESTMENTS ........................................................... 5 IX. COLLATE RALIZATION ......................................................................... 7 X. SAFEKEEPING...................................................................................... 8 XI. INTERNAL CONTROLS ........................................................................ 8 XII. REPORTING....................................................................................... 9 XIII. DEPOSITORIES ............................................................................... 10 XIV. AUDITS AND COMPLIANCE WITH LAWS ........................................ 10 XV. INVESTMENT POLICY ADOPTION.................................................... 10 XVI. INVESTMENT STRATEGIES ............................................................. 11 APPENDIX A. RESOLUTION .................................................................................... 13 i CITY OF CORPUS CHRISTI INVESTMENT POLICY AND INVESTMENT STRATEGIES Adopted July 16, 20241 Q,� This Investment Policy ("Policy") sets forth the specific policies and guidelines and general strategy for the investment of funds of the City of Corpus Christi ("City") in order to achieve the City's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the City that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the City and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the City. II. SCOPE This Policy governs the investment of all funds of the City as reported in the Annual Comprehensive Financial Report, except for the following: A. Employee's Retirement Fund, and B. Fireman's Retirement System. With respect to the funds of non-profit corporations that are established by City Council resolution and act on behalf of the City in accordance with State law, this Policy shall prevail in the absence of a specific investment policy adopted by the non-profit corporation. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt and reserve funds) of the City or of a non-profit corporation established by the City and acting on behalf of the City in accordance with State law shall be governed and controlled by their creating ordinance, resolution or trust indenture, including the authorization of eligible investments, and by the provisions of the Internal Revenue Code of 1986, as amended, including all regulations and rulings promulgated thereunder applicable to the issuance of tax- exempt obligations. All funds in the investment portfolio ("Portfolio") of the City are managed as a pooled fund group, referenced in this Policy as the City's Pooled Fund, except the following, which are managed as separately invested assets: Page 1 of 13 A. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the persons own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the City's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer, to assure that the City meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the City. D. Diversification The City will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. Page 2 of 13 V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. City Council The City Council has ultimate fiduciary responsibility for all funds. The City Council is responsible for reviewing and adopting the Policy on no less than an annual basis.The City Council shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results.The Investment Committee shall consist of the City Manager, Chief Financial Officer, Director of Finance & Procurement ('Finance"), Assistant Director of Finance, and Director of Management and Budget. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio.At least annually, the Investment Committee shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council. C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the Chief Financial Officer, Director of Finance, Assistant Director of Finance, City Treasurer and Investment Analyst. The Investment Officers are responsible for the daily operation of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions. Each Investment Officer shall attend at least 10 hours of training within 12 months after taking office or designation as an Investment Officer and eight hours of investment training in each succeeding two-year fiscal period. Training must be received from an independent source approved by the City's Investment Committee and must include education in Page 3 of 13 investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio and compliance with the Act. The Investment Officers will avoid any transaction that might impair public confidence in the City. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. In order to ensure quality and capability of investment management, the Investment Officers shall possess sufficient working knowledge of economics and securities markets, as well as the experience and judgment necessary to carry out the responsibilities outlined in this Policy. D. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control.A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the City's Code of Ethics which requires disclosure of financial interests each year. Investment Officers shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Investment Officers shall disclose to the City Council any material investment decisions and financial interests in institutions that conduct investment or banking transactions with the City. Investment Officers must file a disclosure statement with the Texas Ethics Commission and City Council if: 1. The Investment Officer has a personal business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i)(1-3)); or 2. The Investment Officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the City. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers approved by the Investment Committee. No investment transactions may be entered into with a brokerage subsidiary of the City's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the City as Page 4 of 13 required by the Act. Investments shall only be made with local government investment pools which have provided the City with a written certification executed by a qualified representative of the pool acknowledging that the pool has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII.AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described by the Act. If additional types of securities are approved for investment of public funds by State statute,they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. The City is not required to liquidate investments that were authorized investments at the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(a)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured or collateralized depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure Page 5 of 13 plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the City Council (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured or collateralized interest-bearing depository accounts of banks in Texas [2256.009(a)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(a)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the City's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. A101,or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the City to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the city depository; and 4. Repurchase agreements. Two or more bids or offers must be solicited for all other transactions involving individual securities with the exception of guaranteed investment contracts, which require at least three bids or offers. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Certificates of deposit may be solicited in any manner permitted by the Act. C. DVP Requirement All transactions, excluding local government investment pool and mutual fund transactions, shall be conducted on a DVP basis. Page 6 of 13 IX. COLLATERALIZATION The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of the Depository Services Agreement, this Policy, the Public Funds Collateral Act (Texas Government Code, Chapter 2257), and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A. Time and Demand Deposit Pledged Collateral Consistent with State law, the City requires all bank time and demand deposits to be federally insured and collateralized above federal insurance coverage with eligible securities. Depository collateral is pledged to and not owned by the City. All collateral shall be held by independent third-party custodian(s) approved by the City under an executed collateral agreement with the pledging bank. The custodian(s) shall provide a monthly report of the collateral.The value of pledged securities must be at least 102%of deposits including accrued interest. Eligible collateral securities shall only include: 1. Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage backed securities and collateralized mortgage obligations passing the Federal Reserve bank test, 2. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated not less than A by a nationally recognized rating agency, or 3. Irrevocable letters of credit issued to the City by a federal home loan bank. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Collate raIization often requires substitution. The substituted collateral's market value will be calculated and, if its market value is equal to or greater than the required collateral value, the substitution is allowed. Substitutions should be limited to minimize the City's transactional recording requirements. Should the collateral's market value exceed the required amount, the pledging Institution may request approval from an Investment Officerto reduce collateral.Collateral reductions may be permitted only if the City's records indicate that the total collateral market value exceeds the required amount. B. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the City(2256.011). It will be held by an independent third-party safekeeping institution approved by the City under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required, and the third-party is responsible for the monitoring and maintaining of collateral and margins daily. Page 7 of 13 Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the U.S. Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any U.S. state or U.S. state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The City shall maintain safekeeping with its banking institution or other banks for the safekeeping of City-owned securities (including those owned under a repurchase agreement or guaranteed investment contract). All collateral must be held in the City's name and must be so reflected on the safekeeping receipts. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the City's depository bank in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy.The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the City. Executive management of the City will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the Page 8 of 13 period the investment does not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the City, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the City above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and City Council a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the City; C. Be signed by each Investment Officer of the City; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in City for which each individual investment was acquired; and H. State the compliance of the investment portfolio of the City as it relates to: 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to City Council by that auditor. In addition to quarterly reports, the Investment Officers will submit to the Director of Finance the following reports on a monthly basis: Page 9 of 13 A. Cash position by bank account; B. Collateral position; and C. Investment transaction. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The City Council shall review and adopt by resolution its Investment Policy and Investment Strategies not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategies. Page 10 of 13 XVI. INVESTMENT STRATEGIES The City's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs for each fund. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and- hold portfolio. Information on expected expenditures from the executive management of the City will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The investment strategy for funds established after the annual Policy adoption will be managed in accordance with the terms of this Policy and applicable agreements until a specific strategy is reviewed and adopted. A. Pooled Fund Strategy The City's Pooled Fund is an aggregation of City funds which include tax receipts, enterprise revenue, fine and fee revenues, as well as, bond proceeds, grants, gifts, and endowments. The City's Pooled Fund may include funds from various Corporations associated with the City which receive income distributions from their pro-rata share of the full fund group. The City's Pooled Fund is maintained to meet anticipated daily cash needs for City operations, capital projects, and debt service payments. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Limit market and credit risk through diversification; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The City's Pooled Fund shall have a maximum dollar-weighted average maturity (WAM) of one year (365 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15% of the City's Pooled Fund shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in City cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The fund should track the risk benchmark but will naturally Page 11 of 13 lag as market interest rates, which adjust daily, move. B. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow Fund Strategy This escrow fund was established pursuant to an escrow agreement dated as of August 29, 2017 with The Bank of New York Mellon Trust Company, N.A. Escrow will be maintained with The Bank of New York Mellon Trust Company, N.A. in investments authorized by the Act and this Policy. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by The Aviation Safety and Capacity Expansion Act of 1190 (Public Law 101-508, Title II, Subtitle B). The revenue is segregated as required by the Passenger Facility Charge Audit Guide for Public Agencies, issued by the Federal Aviation Administration.The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. D. Law Enforcement Seized Assets Fund Strategy The Law Enforcement Seized Assets Fund is comprised of seized contraband money that, per the Code of Criminal Procedure, Chapter 59, Article 8, may be deposited in an interest- bearing bank account in the jurisdiction of the attorney representing the State until final judgment is rendered concerning the contraband. The objective of this fund is to ensure safety of principal by investing only in a fully FDIC-insured or collateralized interest-bearing depository account of banks in Texas. Since the revenue will only be deposited into this type of investment, there is no liquidity risk, market risk, diversification risk, nor credit risk. Page 12 of 13 SC GO � O� F V N'OflPOPAY EO xs52 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 16, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, P.E., Director of Public Works ernestod2(aD-cctexas.com (361) 826-1677 Amendment to Advance Funding Agreement with Texas Department of Transportation Highway Bridge Replacement and Rehabilitation Program (HBRRP) CAPTION: Ordinance authorizing an amendment to the Highway Bridge Replacement and Rehabilitation Program Advance Funding Agreement with the Texas Department of Transportation to add sidewalks and bicycle lanes to the Yorktown Mud Bridge Project with the City's contribution of$2,000,000.00 cash and$1,158.184.00 in in-kind project structural improvement work, appropriating $2,000,000.00 from the Storm Water Fund to the Storm Administration Fund and amending the FY 2023-2024 Operating Budget, located in Council District 5. SUMMARY: This ordinance will authorize an amendment to the Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation (TxDOT) for the Highway Bridge Replacement and Rehabilitation Program (HBRRP) to replace or rehabilitate the Yorktown Mud Bridge. Specifically, this amendment allows for the construction of two shared sidewalks and bicycle paths that are 8 foot wide on both sides of the bridge. BACKGROUND AND FINDINGS: The Highway Bridge Program is a federal-aid program that provides funding to enable states to improve the condition of highway bridges through replacement, rehabilitation, and systematic preventative maintenance. On November 15, 2022, City Council approved the ordinance authorizing the City of Corpus Christi to enter into an Advance Funding Agreement with TxDOT for the Highway Bridge Replacement and Rehabilitation Program. The Yorktown Boulevard Mud Bridge and Ocean Drive Bridge over the Oso Bay were selected by TxDOT for replacement under the Highway Bridge Program (HBP). The City's contribution will consist of $2,000,000.00 cash for the shared used paths and $1,158.184.00 in in-kind project structural improvement work. Project Number Project Total Project TxDOT City Name Cost Participation Participation CSJ 0916-35-251 Yorktown $20,300,000 $18,797,800 $1,502,200 ALTERNATIVES: Do not approve amendment and no shared used paths with exist on the new bridge. FISCAL IMPACT: The fiscal impact for FY 2024 is an amount of $2,000,000 with funding available from Storm Water's Fund Balance. The project will require a transfer from the Funds Balance to fund the local government participation amount for the project. FUNDING DETAIL: Fund: 4300 Storm Water Fund Department: 47 Storm Water Organization: 32000 Storm Water Administration Project: 23066 Account: 530000 Professional Services Activity: Amount: $2,000,000 Total: $2,000,000 RECOMMENDATION: Staff recommends approval to execute this motion authorizing an amendment for construction of two shared sidewalks and bicycle paths that are 8 foot wide on both sides of the bridge for an amount of$2,000,000 with funding available from Storm Water's Fund balance. LIST OF SUPPORTING DOCUMENTS: Ordinance Advance Funding Agreement Attachment B-1** Presentation Ordinance authorizing an amendment to the Highway Bridge Replacement and Rehabilitation Program Advance Funding Agreement with the Texas Department of Transportation to add sidewalks and bicycle lanes to the Yorktown Mud Bridge Project with the City's contribution of$2,000,000.00 cash and $1,158.184.00 in in- kind project structural improvement work, appropriating $2,000,000.00 from the Storm Water Fund to the Storm Administration Fund and amending the FY 2023- 2024 Operating Budget, located in Council District 5. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2023-2024 Operating Budget, adopted by Ordinance No. 033151, is amended to appropriate $2,000,000.00 from the Storm Water Fund balance to the Storm Water Administration Fund. SECTION 2. The FY 2023-2024 Operating Budget, adopted by Ordinance No. 033151, is amended to increase expenditures by $2,000,0000. SECTION 3. The City Manager or designee (Director of Engineering Services) is authorized to execute the Amendment to the Advanced Funding Agreement for the Bridge Replacement or Rehabilitation Project with the Texas Department of Transportation (TXDOT) and pay TXDOT the amount of$2,000,000.00 as the City's contribution for the addition of sidewalks and bicycle lanes to the Yorktown Mud Bridge Project. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of 12024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TxDOT: NBI structure# 16-178-0-13022-00-001 CCSJ# AFA ID Z00003502 Federal Highway Administration: AFA CSJs 0916-35-251 CFDA No. 20.205 District# 16-CRP Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT For Bridge Replacement or Rehabilitation Off the State System AMENDMENT#1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State", and City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, the State and the Local Government executed an arzment on February 17, 2023; and, WHEREAS, it has become necessary to amend that agreement; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items The changes described in Item A are necessary to define additional scope of work and ineligible expenses to "le paid by the local government. Item A —Article 5, Scope of Work, is deleted in its entirety and replaced with the following: The scope of work for this Agreement is the replacement or rehabilitation of the bridges identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications, and estimates developed in accordance with this Agreement and which are incorporated in this agreement by reference. In addition, the Local Government has requested, and the State has agreed to, the inclusion of extra width for a separate bikeway on the bridge and additional roadway approach work. Bridge Amend Page 1 of 3 Rev. 4/18/2023 Bridge Division TxDOT: NBI structure# 16-178-0-13022-00-001 CCSJ# AFA ID Z00003502 Federal Highway Administration: AFA CSJs 0916-35-251 CFDA No. 20.205 District# 16-CRP Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development Item B —Attachment B, List of District Engineer Approved Equivalent-Match Projects, is deleted in its entirety and replaced with Attachment B-1 of this amendment. Item C —Attachment C, Estimate of Direct Costs, is deleted in its entirety and replaced with Attachment C-1 of this amendment. Item D —Attachment D, Resolution or Ordinance of Local Government is modified with Attachment D-1 of this amendment. 2. All other provisions of the original contract are unchanged and remain in full force and effect. 3. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. Bridge Amend Page 2 of 3 Rev. 4/18/2023 Bridge Division TxDOT: NBI structure# 16-178-0-13022-00-001 CCSJ# AFA ID Z00003502 Federal Highway Administration: AFA CSJs 0916-35-251 CFDA No. 20.205 District# 16-CRP Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research &Development THE LOCAL GOVERNMENT Signature Jeff Edmonds, P.E. Typed or Printed Name Director of Engineering Services of City of Corpus Christi Title Date ~ Signature _ Janet Whitehead _ Typed or Printed Name Assistant ity i�t-ornzn t of City of Corpus t.'hristi Title Date THE STATE OF TEXAS Graham Bettis, P.E. Bridge Division Director Texas Department of Transportation Date Bridge Amend Page 3 of 3 Rev. 4/18/2023 Bridge Division TxDOT: NBI Structure# 16-178-0-6022-00-001 CCSJ# AFA ID Z00003502 Federal Highway Administration: AFA CSJs 0916-35-251 CFDA No. 20.205 District# 16-CRP TCode Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research&Development ATTACHMENT B-1 ** LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT-MATCH PROJECTS Location (and On Historic structure School Description of identification Bus Bridge? Structural or Safety Estimated number, if Route . (Yej/No %­nprovement Work Cost applicable) Yes/No Holly Rd. at Drainage Ditch NO NO La Volla Creek Drainage $2,524,560.00 NBI: 161780B00950001 Im rovcrnents at Holly Rd. 7 Total $ 2,524,560.00 EMP work credited o k"is PWP* $ 1,518,184.00 Balance of EMP work available to associated PWPs Associated PWPs CSJs Amount to be Credited to Associated PWPs *This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment C-1. **This attachment not applicable for non-PWPs. Bridge Amend Page 1 of 1 Attachment B-1 Bridge Division TOOT: NBI Structure## 16-178-0-8022-00-001 CCSJ## AFA ID Z00003502 Federal Highway Administration: AFA CSJs 0916-35-251 CFDA No. 20.205 District# 16-CRP Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research&Developrruerut ATTACHMENT C-1 ESTIMATE OF DIRECT COSTS Local Government Estimated Cost Participation Preliminary Engineering (PE) (1) $1,213,000 Ten Percent (10%) or EDC Adjusted Percent of PE for Local Government Participation t3) $89,762 Construction $19,100,000 Engineering and Contingency (E&C) $203,000 The Sum of Construction and E&C (2) $19,30",,000 Ten Percent (10%) or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation (4) $1,428,422 Amount of Advance Funds Paid by Local Government * (5) $0 Amount of Advance Funds to be Paid by Local Government * (6) $0 Balance of Local Government Participation which is to be Waived where the Project is a PWP (3+4-5-6) $1 ,518,184 Fixed amount of Advance Funds to be ''aid by the Local Government for Ineligible Costs (Extra Width for Separate Bikeway on Bridge and additional roadway approach work) $2,000,000 Total Project Direct Cost (1+2) $ 20,516,000 Total Costs of Advanced Funds to be Paid by Local Government for Ineligible Costs Prior to Letting $2,000,000 *Credited Against Local Government Participation Amount If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown on Attachment B. $ 1,518,184 Bridge Amend Page 1 of 1 Attachment C-1 Bridge Division TxDOT: NBI Structure# 1 16-178-0-13022-00-001 CCSj# AFA ID Z00003502 Federal Highway Administration: AFA CSJs 0916-35-251 CFDA No. 20.205 District# 16-CRP Code Chart 64# 09800 CFDA Title Highway Planning and Construction Project Name Yorktown Rd Nueces Cayo Del Oso BRG AFA Not Used For Research&Developrruerut I F ATTACHMENT D-1 RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT RESOLUTION TO BE INSERTED Bridge AFA Page 1 of 2 Attachment D-1 Bridge Division Capital Improvement Plan 2025 rhru 2027 City of Corpus Christi, Texas Project# 23066 Project � TxDOT-Yorktown Blvd Bridge Replacement Type Reconditioning-Asset Department Public Works-Storm Water Useful Life 40 years Contact Director of Public Works Category Storm Water Priority Priority Level 2 Council District 4/5 Status Active Description ®'! - a Yorktown Blvd.Bridge over the Oso Bay has been selected by TxDOT for replacement under the Highway Bridge Program. The Highway Bridge Program(HBP)is a federal-aid program that provides funding to enable states to improve the condition of highway bridges through replacement,rehabilitation and systematic preventive maintenance. Justification Yorktown Blvd.Bridge has met the criteria to be eligible by the Highway Bridge Replacement Program. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 2,000,000 2,000,000 Total 2,000,000 2,000,000 Funding Sources Prior Years 2025 2026 2027 Total Storm Water Fund 2,000,000 2,000,000 Tom 2,000,000 2,000,000 Budget Impact/Other 71 Funding rehab/construction of bridges will decrease operational costs by reducing"emergency"responses and more costly maintenance actions during lifecycle of bridges. SC G� 0 AGENDA MEMORANDUM �OgP00.P��'0 Public Hearing and First Reading Ordinance for City Council 07/16/24 � 1852 Second Reading Ordinance for City Council 07/23/24 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Wastewater Trunk Line Construction and Reimbursement Agreement with MPM Development for wastewater improvements for Haven Subdivision. CAPTION: Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $1,978,937.16 with MPM Development to construct a wastewater trunk line for the proposed residential development located off the northwest side of Haven Dr. and Warrior Rd. intersection, also known as Haven Subdivision, requiring construction completion within 24 months; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to$1,978,937.16 to reimbursement the developer in accordance with the agreement. (District 1) SUMMARY: MPM Development is developing 154.426 acres for various homes and is requesting funds to construct the wastewater trunk line improvements associated with the development. The estimated one-time cost of the improvements is $1,978,937.16. BACKGROUND AND FINDINGS: The Developer, MPM Development has requested reimbursement through a reimbursement agreement for the 154.426-acre subdivision named Haven Subdivision, located northwest side of the Haven Dr. and Warrior Rd intersection. The wastewater trunk line improvements consist of 3,745 linear feet of 15" PVC pipe. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Trunk Line Construction Standards and is on the master plan. The current trust fund balance is negative and will continue to be negative for the foreseeable future. Therefore, funding for this agreement is slated to come from future revenue sources. The project is eligible for reimbursement from the Sanitary Sewer Trunk System Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will facilitate development of the Haven Subdivision. An alternative to utilizing trust funds to construct the wastewater trunk 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 Line System improvements is $1,978,937.16. The agreement requires appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Sanitary Sewer Trunk Line Trust Fund to reimburse the developer per the agreement. FUNDING DETAIL: Fund: 40300 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust 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) Summary of Trust Fund Balance Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $1,978,937.16 with MPM Development to construct a wastewater trunk line for the proposed residential development located off the northwest side of Haven Dr. and Warrior Rd. intersection, also known as Haven Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,978,937.16 to reimburse the developer in accordance with the agreement. (District 1) WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on January 24, 2024, to develop a tract of land, approximately 157 acres known as Haven Road Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the Wastewater 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 in the best interest of the City to have the Wastewater Improvements constructed to its ultimate capacity under the City's applicable Master Plan; 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; WHEREAS, reimbursement shall only be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund; WHEREAS, the Agreement approved herein will be ninth-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, THAT: 1 SECTION 1. The City Manager or designee is authorized to execute a Wastewater Trunk Line System Construction and Reimbursement Agreement ("Agreement"), with MPM Development, LP ("Developer"), for the wastewater trunk system improvements, including all related appurtenances, for the development of Haven Road 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 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund to the No.4220-21800-777 Wastewater Trunk System Trust Fund in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $1,978,937.16 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate $1,978,937.16 from the No.4220-21800-777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the wastewater trunk system construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 WASTEWATER TRUNK LINE SYSTEM CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on January 24, 2024 to develop a tract of land, to wit approximately 154.426 acres known as Haven Subdivision located northwest of the Haven Dr. and Warrior Rd intersection 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 1 of 12 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 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: Item DESCRIPTION UNIT I QUANTITY UNIT PRICE TOTAL BID FORM Al Mobilization LS 1 $ 50,000.00 $ 50,000.00 A2 Bonds and Insurance LS 1 $ 60,000.00 $ 60,000.00 A3 SWPPP plan LS 1 $ 15,000.00 $ 15,000.00 A4 SWPPP BMPs LS 1 $ 6,000.00 $ 6,000.00 A5 Silt Fence LF 3739 $ 8.00 $ 29,912.00 A6 Replace Stop Sign EA 1 $ 850.00 $ 850.00 A7 Traffic Control Plan LS 1 $ 15,000.00 $ 15,000.00 A8 Temporary Traffic Control LS 1 $ 10,000.00 $ 10,000.00 Installation and Maintenance A9 Full Depth HMAC Pavement SY 40 $ 150.00 $ 6,000.00 Repair Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 2 of 12 A10 15" SDR-26 PVC Wastewater LF 3745 $ 195.00 $ 730,275.00 Main, Embedment, Trench, and Backfill A11 4' Diameter Manhole (Up to 10' EA 9 $ 20,000.00 $ 180,000.00 Depth) Al2 4' Diameter Manhole (Additional VF 20 $ 7,500.00 $ 150,000.00 Depth) A13 Tie-in Existing Manhole EA 1 $ 10,000.00 $ 10,000.00 A14 Control of WW Flow LS 1 $ 15,000.00 $ 15,000.00 A15 Dewatering LF 3745 $ 70.00 $ 262,150.00 A16 OSHA Trench Safety for EA 10 $ 3,500.00 $ 35,000.00 Structures A17 OSHA Trench Safety for Trench EA 3745 $ 9.00 $ 33,705.00 TOTAL $ 1,608,892.00 Contingency 10%: $ 160,889.20 Engineer 13%: $ 209,155.96 GRAND TOTAL $ 1,978,937.16 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 is $1,978,937.16. 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 $1,978,937.16 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 3 of 12 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. 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 4 of 12 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. 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: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 5 of 12 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. 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 6 of 12 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. 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 7 of 12 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 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 8 of 12 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 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 9 of 12 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: (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 forml295.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:Hwww.ethics.state.tx.us/legal/ch46.htm1. 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 1313 4.2.21 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 12 of 12 EXHIBIT 1 —_-- _ _-- _ _Na9-19�05' »,—o. _-- _ _-- u�ownr m�K� Soo a3 51 E 311.zz i r�v N za.oo HAVEN ESTATES, BLOCK 7 LOT 7 /cL�w e1oR IN rro.,,.,o�,.., ...............„„ "" oo a3 51 E 1311.51 E89-15SS"W 308.6V ➢— �vm—� am..vc. �r.nwereew.z..nrwpnrnsn reurvon m'nn�o. +ss.�@ a xwra ear�s rt¢�v�xs vn.w.c z.zo.xc. ran ..rnwoa v z r..i.v CL WARRIDRv�o.o. RoA S89'11'30"W 269 41 n� �CL HAVEN DN <DR1G CL HAVEN DR) CL—IN oa/ e iN ® 1 suLE�0�1110 e' 100 >eoo BASS&WELSH ENGNEERINGso PRELIMINARY PLAT HAVEN ESTATES. BLOCK I. LOT 1- EXHIBIT 2 UDC Agreement Application Date of Application: 12 13-2023 Type of Agreement Requested: Deferment [ ] Reimbursement N] Participation [ ] Approved Plat Name: Haven 0� Public Improvement Type: Sanitary Sewer Main Line Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applica 's ignature & Title Submit Application Electronically to: contractsandaareements(�i,)cctexas.com Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 CALL BEFORE YOU DIG! PROJECT LOCATION —IT LADEN DRIVE ,von c CORPUS CHRISTI,TO 784 i 0 nl.Al eiasT-nov AID Edw 811 _-tea San Patrlclo County THE LONE STAR NOTIFICATION COMPANY AT 1-800-669-8344 SHEETIN— 2 '� "A" NUECES BAY N CORPUS CHRISTI BAY p:L. � o „ror+��enrsA Pa una aA�rNr o�+.,r.o.A�orru., Vl l r 2 U U SIT S v NU CES { �� Q� col INTO DEVELOPER FUNDED _ PUBLIC IMPROVEMENT j VICINITY MAP PLANS FOR A HAVEN DRIVE PUBLIC >_ WASTEWATER MAIN - DEVELOPER INFORMATION: w — IAPNI DEVELOPNIENT P.O.BOX.1308 W _� W z� co RPUSCHRISTI,Tx PREPARED BY PAPF-DAWSON s EEr 1 01 13 s Pf ENGINEERS o�DRAW �, LxxLL 21018-00 I.GENERAL i ANN 'TOM"ED TO 'HE TRAFFIC A DEPARTMENT FOR REVIEW AND PLAN CARD'DEC F'A"'N'ANN NEIALI 11 111 1 ALL PERFORM PPELIMINARI ENPLARAIOPI ENCAVATION AS NEEDED ACCEPTANCE PER'HEIR INELINES AND PEOUREME CINI ACT1, 'ECAH"OEN DS'TINFRO FAUNE CR1TE1G IN1OON1NL E1D 1F,1 ABO1BE N R,TI CEFAA ETAMTN IOEDN,IM I NEHE O/OKPTN RA GE ANTEU FOR APPROVAL AND REVISIONS SHOULD ACCOMMODATE INIS G TV AND FROM SURROUNDING SCHOOLS IMMEDIATELI CONFLICTS APISINC DUE TO LACK OF VERIFICATION SHALL DE THE SOLE NEETC 'AMA/CAB THE NEW AL RUDE, } AND ANDMANHOLE,DNAADUUTMENT- TO ISME I COSTS IF THE WORK OF BETTER'HALL BE LOCATED 11 UNLESS A CHANGE IS AGREED TEGCEEDSO IN WRITING VIA A CHANGE ORDER.THE LOVCAGLE NUMBER OF STRUCTION DAYS "ALL AIRED OR REPLACED Al TIE CONTRACTOR TO MATCH OR 11,ALL %ISTNG/NEW PER CONDITIONS AT NO ADDITIONAL COST TO THE SURVEY \U 4. SHALL BE FULLY RESPONSIBLE FBI MAINTAINING A SAFE PROJECT SITE 24LI LES SHALL BE '- rip. H.UPS DA, 11 1 IN AT'p SHA LL CIA A A NAT'SIT PC..RT'"NEP PRIOR I'A"ESN'PRIVATE AND I AUGH A AC,AND COMPLETENESS.1 SUCH NF.RMAT.N I NOT OAR AN I" ,I RE I' N, DN I EASEMENTS ALL PEIMETE1 FENCE REMOVED TO SAN 1 5 THE CONTRACTOR 5 50LE AND COMPLETE PE5PGNABILITL TO INVESTIGATE AND EACH PESEENT AND ACCESS TO THE SITE SHALL BE REPLACED WITH NEW FENCE OF THE SAME MATERIAL LOCATE ALL UNDERGROUND ILL TEO AND STRUCTURES ITT CENTLI N ADVANIE IF BUSINESS LOCATED ON THE STREETS AS DIRECTED By THE OAR DUN NA THE WW'K I CON ACT11 E N FOR AT FOE-INSTRUCTION CONDITION RESTORATION EFFORTS NCLUNG BIT ARE NOT F MITED DNELA FIEPGIIN A ITILLTI UE-INI AND EL ECTO PLC' DO IFOFYIN IN THE ALL FAIR,El OTALL BE lEPANSETD`AT NO EDEREN swuL BE suesIDIARv TO PAv ITEMS AND XII. COORDINATION ' OVERHEADWL NOT BE PAID FOR SEPAMATELI, FITIOWNI WITH THE APPROPRIATE TILT'DEPARTMENT ELECTRIC LINES CONTRACTOR SHALL ANDI A'NATIONAL ND/OR ANR`UPMENTS THEOWNERTHEMOST ELCTR'BE SUBMITTED TOE THE ROAF ZCOFOF A. -TEE LINES ER AT LEAST 48 HOLDS PRIOR TO THE ANTICIPATED UTILITv AND IINSTMJC I SATER METERS SHALL BE ACCESSIBLE DUPING CONSTRUCTION I' PATEJTLITI SERVICE SHUTDOWN.CITI TO RECEIVE A COAL OF ALL _ AFFECTED PROPERTI OWNERS IN WRITING AT LEAST 24 HOURS A BOB e. ERVAAP C� SERVICE SHALL BE ADJUSTED TO FINISH GRADE AND 0 _- NoiREVIEWa"G 3 PARTMENT INSPEGTGF PRIOR TO ALL y e= THE CONTRACTAGO TV MAKE PER GNAILE ADJUSTMENTS AT NO GQST TO THE _ THE5EWERSITMOMSEPARATION OF 2 TOD 3 9 ED ST NG PAONG, BUILDINGS, AND OTHER ITEMS SHOWN AN PLANS BUT NOT SWORD CA THE WATERLINE SHALL BE ENCASED WITH A 5TANDAID 21 W RELATED TO THE WORK OF THE CONTRACTOR ARE HALL NOT BE PAID DIRECTLI BUT SHALL BE W PURPOSES IN L,AND MIT BE SHOWN I.A LESE, UFACv GR TO A LESSER Z DETACHED A MINIMUM GF,Q FEQDIRE ADDITIONAL 4ti TO eE,1LGNEEs D GITI TRAFFIC ENEENEEANG FROM THE CONNECTION,GROUT FILLED,AND CAPPED FUGTUFE AT THEIR DISCRETION. °oNErepGEoREETHANTHE NG W MEMBER IFoTHEAEITEI 4W AT LEAST 4e HOURS N ADVANCE OF AN'ENCAVATION. VII. GAS LINES SANITARY SEWER NOTES AND MEET II.STREETS IMENSIQrvs SHOWN ON PLANS AFE To BACK OF cuFB.uNLEss NOTED ' GAS DEPARTMENT WILL BE FE5PON51BLE TOO ADIIITMENT OF EllT NBE' F BEEF REMENTSJOINT CENTERED AT WATER MAN. THE �Wi -- OTHE LAN I AD LOST MINT AS QDTR RIDEUP THE TRAFFIC CONTROL,COO,D BATH SMPK PROCEEDS AS THE CONTIRACTAP PROCEEDS TH ME I TEEN SEWED PIPE'AND SATER MAIN IS LESS NONE TEPAVEMENT N THE AREA AON SEWED MAN SHALL BE INSTALLED WITH 1. PSI (MINI I WHERE PROPOSED CSTI AN EPANSON NRNT SITONCRETE TIESLONG SMOOTHPIT LEDAND G SEADITSUMENT TO THE GAS PIPING PRIOR TO THE CONTRACTOR CONSTRUCTING PROPOSED CONSTRUCTON CRITERIA FOR CONSTRUCTION OF SEWER MAINS N THE V,nNITvAND FITTINGS IN ACCORDANCE WITH THE CITY OF CORPUS OF HA LL THE AREA THE 'AS LNE CONTRACTOR SHALL PLAN FBI AND 4 WHICH AN D HOT ADVISGRv HAS BEEN ISSUED A GENT FOR REPAIRS ON DAYS FOR WITH THE GAO DEPARTMENT TO ALLOW TIME FOR THE ADJUSTMENT,TO BE VG(5DR EH),UNLESS OTHERWISE NOTED. z VE" CA V.UTILITIES G STANDARD REQUIREMENTS OF THE BACKFILL BOOK LOF TRENCHES FROM GAS IMPPOV­ISED FORMUST WATEMEETR MANS."CE D THE CITY 5 ALERT ENTIACT ONGWEEF IMMEDIATELv OF AN'DIFFERENCE FROM IX.MISCELLANEOUS I THE CONTRACTOR SHALL TAKE PIECAUTONS TO PROTECT ERSTNI ILL'I EDL ppMANHOLEAPE11 AS PEP TIES CHAPTER 211 11 W CONTRACTORAND OIL LES DAMAGED By THE SHALL BE REPAIRED TO THE CTv s ALL AREAS DISTURBED PH THE CONSTRUCT ON SHALL BE RESTORED TO ORIGINAL OR a AS AT THE END OF ALL SEWER LATERALS, F u) .NLI IF THE REPAIR OCCURS OUTSIDE E BEENOEW`GNR­'NVETHTAN LAANDHEAPING.SHALL BE EPLACED BI THEOVCEDNTA TO LIMITS OF'PROPOSED STREET ENCAVATION RESTORATION E, FLA C A A 9 ALL U.OUSE LATERAL GET A TRENCH ALIN' N SEWER LATERALS WILL BE SET AT A MIN I �¢ NTs. W X FORA AS W U PLACEMENT OF BASE WITH LOW P.I. MATERIAL THAT IS CONDUCTIVE FOR T ABOVE FINISHED GROUND H F W 5. T KED CONDITIONS ALONG THE PROPOSED ROUTE ELEVATIONS N UNPAVED AFEAS WITH WATEF TIGHT LIDS. (!7 F }. NOTIFICATIONS T T Tv ¢� O CHINAETC UP LINES SHALL BE SUBSIDIARv WORK UNLESS PAID FOR UNDER A SPECIFIC BID 4 P OF TO PPEPARNG�oreo NnrlETscHEiouEc�Puauc Na IFICA IOrvs.ETC wI H cI U z OFF I C4, PIEE LACE THROAT AND TOPs oN'PROPOSED'. PFOP•. ON YRO" Is U� s _ NLET'IF ALLOWED SHALL FA E CAST__'ZED 'T"M WATER THDAL ON �ENoiCaEouIaETIOp T x J U Q ROPOSED PROP OR PRO AS AN m W SERA I C.NIDEIED SIBSDAll THE VARIOUS BID ITEMS PIPE COLLA" 6 E PROVIDED WITH TOPSOIL THAT ED z SHALL NOT BE A UIRED AT TONGUE AND GROOVE CONNECTIONS WHERE ENDS ARE IN d W AVOID CGNDIT.N Q 6 ENCAVATION SHALL BE ENCLOSED WITH ORANGE SAFETv FENCE AND TIANOFL A I W BE PUMPED OUT AND UNDERLYING W U 'LLE"SHOWN OTHERWISE N THE PLANS 01 IPEIFIATI IRS DEWATEING IF TILT' A AAC NMELN I SHA LBLE D DMNEF I B AM 0 FEE AND C`MPABAAEN A NTs PRIOR To U CIE To THE ITEMS IT MAv BE ASSOCIATED WITH.L BE AND STORM WATER L L NOT BE PAD R DIFECTLv BUT mNCDEFEo Sti BSDIARrSHA oRM s AND sT wF Lv RA THE 2x s ANDooRPOPA sA NDACD s Ecs AND DETAILS THAT CALL FaR 2 SACKSIC'FARE REVISED To vs w ADWAUPSTHAT ARE"AHMEDVAPP, /v, > DOOR TO COMPLETION OF THE STREET IMPROVEMENTS THE CONTRACTOR SHALL APPLI ING SURFACE z3 REPROPOSED P TEMPORAUV 5[1NG ID ITEM TRAFFRC/CONTROL. NS I SING OF ALL LINES UNDER PAVEM UT MUST BE COMPLETED BEFORE GPN'STAN`DTo0NHE'lF AESOPONAE 11 ALL JTIP% PLACED S 5 BACKBE SUBSIDIAPI TO OTHER BID ITEMS SITFILL TEE"ST T T NE5s SERVICE AI HALL BE N PLACE re y, PROPOSED PAVEMENTPA MENT AND/QF AGGEPiNND°QF UTILITIESS PFIQF Q PLA EMEN DF BEFORE CON LET CTION COMMENCEMENT w ��2�or13 PRELIMINARY TESTING SCHEDULE DESCRIPTION RATE EST.QUANTITY ...LIFT of"cASPx"si siRF a LF/ENE1— l: DE(DONORETE STREET) PER IDDLE/aNE/uFr ' DI ADD(OR Anl OE aloEw Lrvs) - oENslnes-EERI D,i No cORe AND cER oo z LF R BR I o) PER - O W 2 SOURCE D ( PHALT STREET) IEILANIJE DEN, E �E sE AS(COICIETE ET—) P D 1/LANE/LIFT 0. DENSITIES OF COMaA ED EASE(C&D) zDD CAD - LT(NMAp m ANA_jS PER III TONS 11 IA' rLIRc OD) PER I PON,OR DAY T IN �EC(oRE�ow z PER IN PLACE(CORE) - x TrvEOREFICAL oENCITY-IN P-1(CORE) PER 1.0 L STREET - w (NN-FINED COMPRESSION,,.14,�zS DAY) ¢Tn C,RB ER/cuRe a.O/CURS - W x w D cuRe RAMPSPER 1— U)~ ❑ ¢F w POST "ATEx TS(OAST-iN-PucE) _ U ES(CAST-Irv-PLADE) - J U z RASE/FDo ID EARN 0 a w RIG I �N,(,n ze w.r7 - j UIII ~ _U FDo SI(aEAM)S�RENOTN(1 m ze DAv) - Q AIR T p = —11P PEI 2111 Sr OR DA - Z vy W RE-rzsF FOR FAILURES ARE NDi IUDLuoEo. _ s3 SR—RED.11 YE RAIN OR DRY PERIOD PRELIMINARY ....... ------------------------ -------------------------- 7�7771 SEWER LEGEND I-N IRIII �7011�T"ll" UVIL ----------------------- ---------------------------- ------------------------- -------------------- << 3: LU x U C5 ui w > ---------L.---------------- TRENCH EXCAVATION SAFETY PROTECTION T--------------- "�I/OCI�P=Zl%ZPIL�LM"T��"X I.' 4 13 PRELIMINARY za M4 Y"2' SEWER LEGEND 'All"W"gal", sit 80 80 ;P! 71 75 Np ----------- - --- --------------- ------------ --- --------------- -------- -------- -------- ------------------- ----------------------t oa ------------- ------------------- -------- --------- LL 70 r= 71) 1 F 0 < 65 65 LU X ---------- -------- -------- - ------------------------------- -------- -------- -1 U) < ssx 60 --------- ----------------------- ------- ------- - ------------------------------------------ - ---- ------------ 60 OVERHEAD UTILITIES111 0 < M X 55 ---------- 55 CAUTION..11 LU'o 50 ---------- -------- 50 .........7 -------------- ------ Z za 45 45----------------------- ---- ---------- -—- -------- ------- ---------- TRENCH EXCAVATION SAFETY MOTELTION 40 40 7-MA 1.00 1.50 2,00 2,50 00 3,50 4,00 4,50 5,00 5,50 6,00 6,50 7,00 7,50 8,00 8,50 9,00 9,50 10,00 10,50 11,00 A,1112111oll,n,,,=o, wP,,,,,,,,��,,,,,o. .....5 PRELIMINARY SEWER LEGEND ................. If 80 80 It ku 75 t t t t -------- -- -------------------------------- 70 711 LU 10 ------------ -- -------- ----- -- < LU X 65 < U) 60 t 60 < -------- ---------------------- ---------------------------------------- ----------------------------------- ------------------------ xw 55 55 ---- -- -------------------------------- ---------------------- ---------------------- CAUTIONII uj w M""I 50 50-------- ............................ -------------------------------------------------------------------------------------------------------------------------------------------------------- 45F arz TRENCH EXCAVATION 8AI- 45 4 40 0 11,00 11,50 12,00 12,50 13,00 13,50 14,00 14,50 15,00 15,50 16,00 16,50 17,00 17,50 18,00 18,50 19,00 19,50 20,00 20,50 21,00 6 PRELIMINARY I �� ,�°�°�9°�;sxe9oirew��, ,re��oxrexxaxa�ao°w, SEWER LEGEND re =,.rere xre.rere ww,xw.,wanwreerewx °`� ,� ,r°rere, I wa,xw, 7-7— ' I O = Ibore ��axaxx.rew«re. reaxrex,a�a�,. a�mre ,re, mre�.a xrererew,wre If.�,W, 60 .,:rere S0 .qm _ 7s d „dare�,�x awxa d xre a,re xre„ � �.�.rexrea rere 70 ____ --- -- --- — _ --- �x res 70 w 10 fw <� ss ---- ---- ---- ------- ----- ---- ----------- — ---- " — ---- ---- ---- ---- ---- ---- --- — --------------- ---- ss a T xa 60 6� jEw 0 --_ ____ — --_ —_— —_. �,x J U 07U WU Ss 55 CANT ONII 0_0-a w w _ U)xm w eo. U y U 50 5� CC Q ___ 4 w z e� m ea g _ TRENCH EXCAVATION SAFETY PROTECTION. _ 40 40 om» ma m» ma ma ma ma smr r ma m� m� m� m n e� n� Nn� n» n» nx 21+00 21+50 22+00 22+50 23+00 23+50 24+00 »24+50 25+00 25+50 26+00 26+50 27+00 27+50 28+00 28+50 29+00 N29+50 30+00 30+50 31.00 k„�„�s or wre���orea<:wore�.a w a.o arew.o,re�.x�aura„ox x�xo wre owo-wti1 a ° PRELIMINARY SFWFR LEGEND -IN 80 80 75 t t t 75 70 71D LU 10-------------------------- ------- .1---------------- < 3:< 65 LU X -------- ----------------- ------------------------------ --------------------------- -------------------------- --------------------- "1111INT11 U) <RT,__HF 60 60 < ------------------------------------------ ---------- ------- ----------------------------------------- --------------- 55 i 55------- ----- ------------------- ---------- ------- ----------------- CAIJTIO.11 LLJ 0 50 -------- --------F5 -------- ----------------------------------------------------------------------------------------------------------------------------------------------------- "LL QU W 45 45 >-------- ------- --------------------------------------------------------- ------- ---------------------------------------------------------- -- -------- TRENCH EXCAVATION SAFETY PROTECTION 40 40 31,00 31,50 32,00 32,50 33 00 35,50 36,00 36,50 37,00 37,50 38,00 38,50 39,00 39 PRELIMINARY vaowoc anvEn THIOAT oFErvixc s R MAN PIPE A.HOLE REQUIREMENNG.NTS srea Ess)EwEinw iunieimE REOu�R(PAS ER DIAMETER HIREttFORBxEm�I REBAR RBrvroRGE.,NT�-Aa RORsj of a.Ooo Psi coxORETE A.0 Rixc �,B• a' Awus,uEu ,B•<To I—E corvc ,ro TOP or co.BE xAmn EXIBBNC N Tc 3 E�AA?Eau(G.�ooroi?Bu zn APPROVED COATINGS TEBLLE s RUBBER GASKET\ ExisTirvo HIGsT sx sm PRocTOR con. Tne�c",°o� \ Air coxcRErE suRPAccs irvcwowc BErvcn w w UR. Bry. BBE a REGA Brv<R EB BrvrvB r°ry SECT ouE AATx E a,a,B —Al�mxBB BALL BA.—P—,a°B°PS) SLOPE BB sRE zB SLE FILL WITH °°P%�®zB o > B PIPE TrvE v x BB °R ALL ix°M M z «rB °.EB R BRo°rvBwATRllUIRR`s'PEESErvr O W —.2-x°RnuEE AFT.Bssa�' CONCRETE MANHOLE NOT m SwE °°I OR w,E BT uRB Rxx oR SLOPED 1 R""1 "` / x OF ` E PIKErvArvnBLE EEE c o�orva S.R BE pi,s § EN z PPE BEEF OF PPE �­,POIIUBMIrv. WAT / ms(TYR.) uorEs. ° s P BI n RAOE1 N57ALL DEAL IN w w s r`AS x c^ caxcRETE P."I �< mw W x vux °iE TMuBBER A,Ej unA OE mPEcorvx of NETEnE RIrwz Rocuua H w WASTEWATER MANHOLE(BOTTOM) PIPE SEAL DETAIL xµHOLE B' ¢— < w NOT To scuE NOT TO rn � MANHOLE PROTECTION IN UNPAVED AREAS U T w GENERAL WASTEWATER CONSTRUCTION NOTES: (CULTIVATED/SPECIAL) w NOT ro w¢ IRTITORATIDI°ry R,rv, TEAT NISMA,BE ErvI El°°°",BEER NI RBR�x°THElal °°BESB ALL OE E BCGHT °°x°. o a• Rrv°B >° F z z. 'IQ REcuuTiorvs PER Bo TAG cnAP-ER z,T < Z FIIF—DID UP FIXIEL.—GLASSE OBiou SHALL ec oEsicuEo TO wnnsTMi�uoo TME ROUND lc Flrvisn GROUND W s. s,wu eB coE UNDER ALLPOH�omo Ss.oeo wEiH PAEaRovBBo sEnsEcnsKBT (PRwiuEn_ S rvo EA - EQUAL uA x E PE— TO -Ra s, muuO coxcR—C— "°� eEPas)RBveM(r�aixixuul — rvBER(PEocEouaEouusr BE sueuoc,oPoorvoHE owc�HEEawGPSEmicson c ' �9a�°;ry "B MANHOLE PROTECTION IN UNPAVED AREAS BERG a. REBrvRErvEry B. BERBa B BB Ox WA x"T Aso BE'A°TBRY xBT EB (RESIDENTIAL) w �9�or13 PRELIMINARY TELL(CI o oEE(AN-OOURG aI.N NE—REINro_MENU R BARS) LEASE SAPPILAGES AND SIGNS TO z DrvERT TRAFFIC AND PEDESTRIANS PER THE APPROVED TRAP111 "'Is,a R°°°HENLUIN E EN,RE E AND N"G` SEE` To THE 70P OF CORBEL AT 5. THE GGNTPAGFDR GHALL NSE D°M:TE rs, OX sHR NN CONCRETE GRDDT TD SEA"AND REG"APE THE DD,TDM SHE, RRDRD=ED BE DSED TO TME ENGINEER FDR.RRR°�. PRD DE E TNG TO EXPOSED CONCRETE SURFACES wTN APPROVED=•,ITEM TO PRE,�NT EDRRD=ON s ' ' GNNEss FLALL PRGw°EAR A.GHTD OUT s SEAL ANNLaR OPArE'AROUND EXIST LEE=°w�e1:E"RDPE All 1HEMEALR°ROMFTD EENL. . OF EXISTING MANHOLECEM 8�_ G SACKE.1 Cam/ (ESAGT LOG.nDNs To RE FIELDRAG,DR, ? RgaOLTRIGE MI MNDs R o OA Ew 1RE RE ISE FILL WITH FLUSAMBLE FILL HILLCONNEC,ON�"(MAX°DO OD-) o E—ONPRENCH wAEI Z �! P /'ENCD ————\ SEE PIPE SEAL DETAL La'DEPAM". — ER Fr 1s„NG PPE MARES WATER srOP T�SEMDL. RRo PIPE (MATCH c oD�PER METE! GONGRE,E M.NHaLE ER OE"°" O REM N R PEACE O o M.HOLE EO E .ON BUT aW w m °(kp o,D p W (,Oa Ps Mi.,UAR e PS�I) AS D REOTED o A RCED L H O TH A NE SS El 4 C9 R �oSM T311 OP PRORosEDo ON( 1 11O� I THE R QZ �W Epsrixc GDNGRE,E ON-1 R.. aowADLE MLL FRP INSERT REHABILITATION OF EXISTING MANHOLE FRP INSERT PIPE SEAL DETAIL PS SCALE NOT TO SCALE ,1/-LETTERING (n Dw LSNT HOLE 2 (z),,fir DLOSED PicxHO-SE AGNINE EDGE of RING L Ro 1HE MANHOLE RING AN.COMER HHo WALL.s H(R:.'".HEWN LSD�s <a � F"TUR1w"R�M`�",ROH REDIM7 of.N_E 7 INFLOW HRH L SIR w J Fa P E O ED pa.EMENooF..CONCRETE.F E M o� �ERs .CLEAR R m ¢ w.SON DBE Anuo�Mu s ec�sNsacciao�cRio�To«sna*ax°iMc �F~i� w(To BE M.Hwcoj — a R w U= ¢ ASSEMBLER SHALL MEET DR EXCEED AL'EPAMEMENIU'll""S w AID COVER PLAN VIEW FROM I-LED MATERALs TIE ONTRADTOR SHALL 11011DE DERTIFDATON. ?j w NOT To SwLE L¢ ED CE CLEAR OPENING IM11FAXTIREIR(1) MODEL UMBER' INFLOW INHIBITTER < PROlIGE,-CIA. DPEN�NG PER P ——v7 -I �[ z D/ 26 L.s.FDDNDRr _Heaz Z ED ISCOMED ON ALL 0 o W RON "ES noNs 6; mn-_gnz�io°ae = E-a—I- FOINDW - PER IANUFASTIRER (s) D wu".THE(MADEEFARN THE osAq D SHALL RE z,DiAA,ErER AND NOT—NEED FOR MAKIi.El— SECTION OF RING&COVER RING&COVER APPROVED LIST TO GOALS �10 or 13 PRELIMINARY NFRAN, I.NO-,SHAL,F"., LESS THAI THE 111- 01 E GD11 PAIE'Ell ...... .... C,7,S,_ 'A."-TE REFARL I NO LASE GRA-1 REPAIR BE S THAN THIP M....R.1 POSTING G.NLIFFTF 'A-M TOPSOIL SEE TABLE I-11E.B(LN--r AN-) A�IZZ.N-, ......... ....... 1 2' I IN E'IA I1 O ANT EOI%E-Fp 1._11'T T HEE M HGF IAA,EE-EU EOR A F - OE Iry - BUZETI P"E. .T O IAAGE I'l=DR-T IR ._'T Q,FLLS=EOEM'US TYPICAL SANITARY 'NOTE SEWERMATER CROSSING DETAIL ,E OA RABL 2—TUM A FG .-I-DITPIRTI.-WOU S-LIN-FHoE \-A-L BEDDING AID NDOL SAIRIL-1- 1UTIGH AGAIALTSTIG­All FALRAID. 'HALL .....T OF AATT-SEE TAFF T­G RTTG�IMAIT1111,1.1E11_1"I,D, AN N'-.ZA1."P1'a TH TA_ HE NA U 0111 1=1 1,A%111.DT1I TH TGN G_"BO F._N=NEIAN, 7 PIPE Da. I G,GN A S..N I TABTRENCH BACKFILL FOR WASTEWATER LINES If AND PAVEMENT REPAIR FOR UTILITIES NOT TO S— GENERAL NOTES FOR BACKFILL TABLE I TABLE 2 BEDDING AND INITIAL BACKFILL FINAL BACKFILL (BELOW PIPE TO 12"ABOVE PIPE) (GREATER THAN 12"ABOVE PIPE) UNPAVEDAREAS PAVED AREAS I 111"G 11 1"11-11 S- OF A.En W Al-P,P1 IG A,...II'.-PIPE I.U'.1.. Lu I ,EgETO DESIGN ONE.RESUREM'W"G LLo G OF T'RM-'"' BUTTOI IF PLAN NASI 1-11 IIALL 11 CONESTIS OF ETHER NATURAL D OR GY GRAVEL,OR SNALL.BE AFF. 1EL"T 5""T N`TERHL F%M EETUVTOSEOILL 1. PRODUCED Br CRUSHING OF rvAT� URAL STOr OR GRAVEI AFTBRIAL PRO.THE .IAT- 1111E'1AILIA-I ER < _7- An AL-MEET THE FOL-W1. < It TO BE THEE OF R-F, 'L:ER x GO OR Aly I_ US ''7 - ID"-1.AG.... .." ..P A" I-UGI NATTERIAL THAN 2-1..- . PI �L2U�Op,,I.Gl� I .E. THE FO--O.ING-R.. I.OF PLACED < ,o Max. M.1-11-1 TO <p I MEETING REQUIREMENTS OF AYM D2487 FOR N.DBER 1.PRD-I w ED 'R 3:m . PRocroa ss 1S.N.OR Sm OF- F I S AATENI.FTOM E.-IO. .-E. MOISTIRE TO ST AIUSILL TO "REON-ENTS.THEN USE CEMENT w ,�X OF OPT"MD MEET "ON G 1)2-El- T.IR.11 TO HE P-ED UTATEIG'%I 1O.GG. 11 IPN AFA�D. H ='N'DE­�(K)..IFNICHUG M.. 'EGUAL.ED THAN LATIN 1.F-N 1111 ILITTIM OF ROAD BASE TO LL,BE > EXISTING TOPSOIL DEPTH D-M OF-0-E o BE , < I DEEP EIIAIAITONI(>21)OR IELO**ATER TI E USE I,RUIREG 'M.- STORE OR CRUEREG GFPEL EET. R_,.H OF ENTTT'=' 111F1 11ILL IF 1EMENT STAIFIIIP HG(1 5 S�X_) <I ..LRBETT-.E AG.FUGAL;IUUT HEM 421;GRALE I,�, BE uDOIU-' ANL IHALL EFT THE.1-N. OR D-METHIO-OP GOIL R-HEIINT1 GO 2 SALVAGED TO BE PLACED ON G Top) ILL] B.CRUSHED-MESTTNE PER-OT TEM 421 GRADE 2.3,OR 4 # 55-100 > 141 P, COI-T TO 151 OF-1OOTURE TO BE TO TO OF O"MUIL PRELIMINARY SWPPP LEGEND ivE .......... If IL to 0 LU z < > L�X < DD Lu w > TRENCH EXCAVATION SAFETY PROTECTION ............. 12 ors 13 PRELIMINARY DD `(.o�71 ZT,­,,ol'�I`I E 'p-N-1-F 11111�1111.1111 AIV I P�. _pL — I S P­D"­�, o' P, 1­—El III J, DEI':METEl"I'l"F'�ol�l�To�l.'I'D"�I'l�'= lc� .............IID 171 Ere3 ­PEC ­1 KI" 1,FE M-11 11 —1 1101 F FIl­­111 1EM C­­T P­ Pl­M­�F D T, TEM p CRARY FILTER FABRIC CURB INLET-PLAN MANHOLE-PLAN —INLET PROTECTION DETAIL EMBED 101 1eMIN, .1 ---11F--- TEMPORARY SEDIMENT CONTROL FENCE DETAIL IlEl-IEFII 11 IHINNEL ILIN I 110FIL11 .1 F—A INT T M, `T'111T III N�l 11N.11 1­01NII DE 111D Y'"T' 0'­GP-SIDIOINI C L­Cl�N ­OMMIN­ ,.N".L"ooN_o�D'_'L N F F_ L.NIIED ­E ME5H lElE­ll.ElTI.N5.­­ �E M.DIFIED E'END 2 ON100M­0ND NL W`N T 0. I MIN,11E­1 LA "E FZ14D11'4__ (4­M D-NI 11.1 ­11NI 11N.1 ROCK FILTER DAM AT 1­ EARTHEN BOTTOM CHANNEL ,A 7qj]jA 4 1-­NIED ­E ME5H E'END 2` ON I—NI NL PIN NI T NI 3 o" _� _p ac LPL""", * `L'(4 ­Ll EEE IEN LU ­.5'D­LE­ED, E—NCE �4 NL ­ N. <EENo > 'LE- .111D) T7ON­ oPEry DED F reoD E-ON N­­N N N_ __NT IEE rvDTE I PLAN CURB INLET PROTECTION DETAIL SECTION A-A STABILIZED CONSTRUCTION ENTRANCE 0L, w< LLI.0 1. FILTE1 D11 IN­11.2�L� ­1 lH­�l J­11 1 �Nj'14 5 1 `IDIMI� ,I"511E­ .1 I.NCIE'l 511�y D� 'EIII D� H�LND 6EE­,E DDINUE 3-1 111N 111DII 1011 F rvNH�E I'E'El lNlD,By_ ._1 D_ LIIN D_H 1111111­-Hs slDmINI Al IF�ELIEI�1,1AIN NO'LEII­N 11 5H­�E—HEI T THE 111TE1 s N_'D 1,11111N"N. )N tLD 11DIMIM 10MIOL 4 E FAEN",. OF L, 0 IF FL-­E FLTEI D10 DIMENSINS 5HILL IE 15 1 IN THE PLINS, NG—NECI S­­­ w FT�HNED NZID'THE 11­1 lH­�E P­ N I­� L N.1 LEII­N FILL­Tl OF­P.INTI F 1­151—Ell 2 o N­lElI`VlEl`lNollLy �E 2 F_TE, 5 5 NE NT "L A, =5 Z`I��ILNI`l CILEE�2'1`ED, `� 0 > o1201'L 'I'L"IE 0 U 0 ­�� L 5,1%INNEI PN�l A%N �Nl� �PON_�TNDD I�DA,�'N�D� EN D 0 5HLL E ON M10 IF III FIE'IN lHl­I III IF Dlo L M 'o I, �o .N uar.cE ,uEcu,TER,upsMDuooIINL'NOT DE�111LD 'FL111 D' M 11=IINl Mll�ILO%�MIN1­1D IN�IONDITI.N­1 LL P­­ ON"I NLII Lll 01 F`L"E'_5 5 H.ILD�E'E N MM F 4_M. 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I—­ Nl 110—INL11 Pl.—I.N I D111-1 T` 'o'po. ..... ito' �FED E,-,E"I�L-MMNE��DHI�E,�"..oFNF,..T�"N�G,o"llll�INDNG L_"' 5H'D` ET 5 `NL`­T7lT.5N L 11DIMINT 1 1­­ 11 11 111 Z=N''I ILI"IDIIOEN'I('ENGL'Y"�DN 'I'MOD'a)ID Dl'"I_­1 PRELIMINARY EXHIBIT 4 Project Name: Haven Drive Public Wastewater Main Project#: 21018-00 Owner: Public Improvements for City of Corpus Christi funded by MPM Development Designer: Stephen Skrobarczyk Item DESCRIPTION UNIT QUANTITY I UNIT PRICE TOTAL BID FORM Al Mobilization LS 1 $ 50,000.00 $ 50,000.00 A2 Bonds and Insurance LS 1 $ 60,000.00 $ 60,000.00 A3 SWPPP plan LS 1 $ 15,000.00 $ 15,000.00 A4 SWPPP BMPs LS 1 $ 6,000.00 $ 6,000.00 AS Silt Fence LF 3739 $ 8.00 $ 29,912.00 A6 Replace Stop Sign EA 1 $ 850.00 $ 850.00 A7 Traffic Control Plan LS 1 $ 15,000.00 $ 15,000.00 A8 Temporary Traffic Control Installation and Maintenance LS 1 $ 10,000.00 $ 10,000.00 A9 Full Depth HMAC Pavement Repair SY 40 $ 150.00 $ 6,000.00 A10 15"SDR-26 PVC Wastewater Main,Embedment,Trench,and Backfill LF 3745 $ 195.00 $ 730,275.00 All 4'Diameter Manhole(Up to 10'Depth) EA 9 $ 20,000.00 $ 180,000.00 Al2 4'Diameter Manhole(Additional Depth) VF 20 $ 7,500.00 $ 150,000.00 A13 Tie-in Existing Manhole EA 1 $ 10,000.00 $ 10,000.00 A14 Control of W W Flow LS 1 $ 15,000.00 $ 15,000.00 A15 Dewatering LF 3745 $ 70.00 $ 262,150.00 A16 OSHA Trench Safety for Structures EA 10 $ 3,500.00 $ 35,000.00 A17 OSHA Trench Safety for Trench EA 3745 $ 9.00 $ 33,705.00 TOTAL $ 1,608,892.00 Contingency 10%: $ 160,889.20 Engineer 13%: $ 209,155.96 GRAND TOTAL $ 1,978,937.16 EXHIBIT 5 City of Corpus Christi,Texas - ity Department of Development Services P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 L e and Street �+Christi (C'omor of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi 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 with"NA". NAME: MPM DEVELOPMENT, LP STREET: P.O. BOX 331308 CITY: CORPUS CHRISTI ZIP: 78463 FIRM is: 0 Corporation A Partnership ❑Sole Owner []Association Fal Other 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) NIA NIA 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 NIA NIA 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 Mossa MostaghaSi Capital Improvement Advisory 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 N/A NIA 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: M OSSA M OSTAG HAS I Title: GENERAL PARNTER (Print) Signature of Certifying Person: date: 12-18-2023 K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTI 1NANCE ADMINIMAT]WAPPIKATION FORMS1FORMS AS PER 1,EGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "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. d. "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. e. '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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. KADEVELOPMENTSVCSISHAREMLAND DEVELOPMENrOMNANCE ADMINISTRATIOMAPPLICATION FORMSTORMS AS PER LEGAL2OI21DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC I Approximate Limits of Haven Drive Improvement Proposed 15" Sanitary Sewer Line Existing Water Infrastructure of IL HAVENf OR IL ,l r 0 250 500 Feet I n t l Location Map Haven Drive Subject Property Proposed Waste water Improvement U6 NTS The City of Corpus Christi makes no warranty,express or implied,including warranties of merchantability and Project Number: 15403 fitness for a particular purpose for the enclosed data Use of the information is the sole responsibifuty of the user The material comes from a variety of sources.We do not control or guarantee the accuracy,relevance, Date: 1/30/2024 timeliness or completeness of any information- While we endeavor to provide timely and accurate information, we make no guarantees. Department of Development Services By use of this data user understands and agrees to information above. Wastewater Trunk Line Construction Reimbursement Agreement Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $1 ,978,937.16 with MPM Development to construct a wastewater trunk line for the proposed residential development located off the northwest side of Haven Dr. and Warrior Rd. intersection, also known as Haven Subdivision, requiring construction completion within 24 months; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1 ,978,937.16 to reimbursement the developer in accordance with the agreement. (District 1 ) City Council July 16, 2024 Location Map _. Mprw4mhumHs of Herm om.imp�w�m�,n P�%gNY tP iMe>ry seL11. E 1.1iriy Wa y, ll i 0 25n 500 Fen Location Map " Haven Drive Proyesea CITY s��'' LIP�1IT5 evcloFmcM�xMwc Total Reimbursement Estimate Item DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL BID FORM Al Mobilization lS 1 $50,000.00 $50,000.00 A2 Bonds and Insurance LS 1 $60,000.00 $60,000.00 A3 SWPPP plan lS 1 $15,000.00 $15,000.00 A4 SWPPP BMPs ITS 1 $6,000.00 $6,000.00 AS Sift Fence LF 3739 $8.00 $29,912.00 A6 Replace Stop Sign EA 1 $850.00 $850.00 A7 Traffic Control Plan ITS 1 $15,000.00 $15,000.00 AS Temporary Traffic Control Installation and Maintenance ITS 1 $10,000.00 $10,000.00 A9 Full Depth HMAC Pavement Repair BY 40 $150.00 $6,000.00 A10 15"SDR-26 PVC Wastewater Main,Embedment,Trench,and LF 3745 $195.00 $730,275.00 Backfill All 4'Diameter Manhole(Up to 10'Depth) EA 9 $20,000.00 $180,000.00 Al2 4'Diameter Manhole(Additional Depth) VF 20 $7,500.00 $150,000.00 A13 Tie-in Existing Manhole EA 1 $10,000.00 $10,000.00 A14 Control of W W Flow ITS 1 $15,000.00 $15,000.00 A15 Dewatering LF 3745 $70.00 $262,150.00 A16 OSHA Trench Safety for Structures EA 10 $3,500.00 $35,000.00 A17 OSHA Trench Safety for Trench EA 3745 $9.00 $33,705.00 TOTAL $1,608,892.00 Contingency 10%: $160,889.20 Engineer 13%: $209,155.96 GRAND TOTAL $1,978,937.16 3 Trust Fund Balance as of June 30, 2024 Available Combined Trust balance as of 06/30/2024 as reported by Finance is: -$2,408,565.63 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 -$116635980.82 $145186.75 -$150801974.30 $3229202.74 Upon approval the Trust Funds will be: -$4,387,502.79 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading the City Council Meeting of July 16, 2024 ss52 Second Reading for the City Council meeting of July 23, 2024 DATE: July 15, 2024 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E., Corpus Christi Water Director of Water Systems NickW(o-)-cctexas.com 361-826-1796 Drew Molly P.E, Corpus Christi Water Chief Operating Officer drewm(u-)cctexas.com (361) 826-1853 Amendment to the City's Water Master Plan for the new Saratoga Ridge Subdivision Development CAPTION: Ordinance amending the City's Water Master Plan with the addition of a twelve-inch water line located along Saratoga Boulevard southeast of Old Brownsville Road and northwest of County Road 35 to serve proposed and future development along Saratoga Boulevard. SUMMARY: As requested by Braselton Development through their engineer, Urban Engineering, this Ordinance amends the City's Water Master Plan. The City's Water Master Plan is a public utility element of the City's Comprehensive Plan. The proposed amendment to the City's Water Plan was reviewed and approved by the Corpus Christi Water (CCW) Department and the Development Services Department. This amendment was approved by the Corpus Christi Planning Commission on May 1, 2024. BACKGROUND AND FINDINGS: Braselton Development and Urban Engineering have requested an amendment to the City's Water Master Plan. Their request is to add a twelve-inch water line on Saratoga Boulevard along the frontage of the Saratoga Ridge Development. The addition of this water line will provide adequate supply and pressure to both the proposed new development as well as future development in this area. The Saratoga Ridge development includes approximately 257 acres of single-family residential homes. Approximately 965 lots which will be constructed in several phases. Once fully complete, the new development's estimated water demand is calculated to be 833,760 gallons per day (GPD). In order to accommodate the calculated GPD, the applicant, Braselton Development, reviewed the City' Water Master Plan to determine the alignment of the planned water lines for the new development. After review, it was determined by Braselton Development, and subsequently the City, that the new development will require twelve-inch water lines for proper water service and fire flow. However, the City's existing Water Master Plan does not include water lines along the portion of Saratoga Boulevard southeast of Old Brownsville Road and northwest of County Road 35 The proposed master plan water line will be installed in the existing utility easement and consist of approximately 1,460 linear feet of twelve (12) inch diameter water line along with valves and appurtenances. This new water infrastructure will tie into the existing blowoff valve on the 42" transmission line located along County Road 35. The water line will cross under Saratoga Blvd. by boring and will be enclosed in casing. Fire Hydrants will be installed on the proposed waterline at the specified intervals as required. The water line design will follow the criteria established by City's current Infrastructure Design Manual, which became effective date of December 12, 2022. This item is only an amendment to the City's Water Master Plan. If approved, the amendment to the City's Water Master Plan for the water line improvements (installation of a twelve-inch water line) will allow for the developer to apply for a trust fund reimbursement through the Development Services Department. General Development Requirements: When private land is developed, the utilities needed for the development must be constructed in accordance with the City's Utility Master Plans. City infrastructure is either constructed one segment at a time by private developers as development occurs, or it is constructed ahead of private development by the City itself through its Bond Program or Capital Improvement Program. If the private developer constructs and completes a development project that includes utilities, the infrastructure installed by the private developer is then turned over to the City and made part of the public utility system. Corpus Christi Water Engineering Analysis: The City's current Water Master Plan does not include water lines along this portion of Saratoga Boulevard. The twelve-inch waterline is required to provide adequate service and to meet fire flow requirements. CCW has reviewed and is in agreement with the design of this line as it was proposed by the engineer of record, Urban Engineering. CCW also has reviewed and agrees with the analysis and findings in the Design Memorandum that was prepared by Urban Engineering in November 2023. Both the design of the line as proposed by the engineer of record and the Design Memorandum are consistent with the City's current Infrastructure Design Manual. Furthermore, although the new development's estimated water demand is calculated to be 833,760 gallons per day once fully completed, the installation of a twelve-inch water line will allow for sufficient capacity for the complete development of that area in the future. All public improvement plans will be reviewed for approval by CCW and Development Services to ensure that they meet the requirements set forth in the City's Infrastructure Design Manual. ALTERNATIVES: The alternative is not to approve the proposed amendment to the City's Water Master Plan; however, disapproval of the item could diminish the likelihood of future development in this area. Additionally, a different water line installation might not support the future growth and development of the area. FISCAL IMPACT: Not applicable. Funding Detail: Not applicable. RECOMMENDATION: Staff recommends approval of the proposed amendment to the City's Water Master Plan, as presented. LIST OF SUPPORTING DOCUMENTS: • Design Memorandum as prepared by Urban Engineering • PowerPoint Presentation • Location Map Ordinance amending the Water Master Plan, a public utility element of the Comprehensive Plan of the City of Corpus Christi, by amending water lines located along Saratoga Blvd. southeast of Old Brownsville Rd. and northwest of County Road 35 at the new development that will be named Saratoga Ridge. WHEREAS a developer is proposing an amendment to the Water Master Plan, a public utility element of the Comprehensive Plan of the City of Corpus Christi, for the Saratoga Ridge development with 12-inch water lines located along Saratoga Blvd. southeast of Old Brownsville Rd. and northwest of County Road 35; WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendment to the Water Master Plan, a public utility element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held by the Planning Commission, and the City Council, during which all interested persons were allowed to be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and 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 Water Master Plan, a public utility element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended to modify the water lines located along Saratoga Blvd. southeast of Old Brownsville Rd. and northwest of County Road 35 at the new development that will be named Saratoga Ridge with the inclusion of a 12-inch water line in accordance with the map, which is attached hereto as Exhibit A. SECTION 2. That to the extent that the amendment made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this Ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That this ordinance expressly repeals any ordinance or part of any ordinance in conflict with this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 6. This ordinance is effective upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary /Q c 0 P �C Corpus Christi c (V International V Airport PROJECT Les LOCATION 0 i os °Creek- 357 s•' - a0„ � sn 00 s.. 19 $" $.. $.. ___12" S�IRATOG.4 BLIND 12'� s"�2"s.. PROPOSED 12" PVC O WATER LINE '� O GREENWOOD WASTEWATER W 6" TREATMENT PLANBO T W 1� V - 0o M ' U Corpus Christi Water CLW- PROPOSED SARATOGA WATER LINE Serving the Coastal Bend EXHIBIT B v 4 N i o 1 o 1 H GRAPHIC SCALE . m \\ ❑ LEGEND PRaP DWASTEWATERUNE I � ANALYSIS EXSTING WASTEWA TER LINE POINT — PROPOSEDFORCEIMIN EXISTINGFORCEMAIN DO m EXISTING WAS7EWA TER LINES I OUTSIDEOFAREAS E2 ,4` - AR&1 BOUNDARY \\//" O� / UFTSTA770NINTERNAL SOUNDAR SUBAREABOUNOARY GREENWOOD ADMCENTAREA BOUNDARY .. ��. � WW1P EXISRNOA/RPORTPROPER7YLAVE 1 �050 CREEK _ TRIRIITARY 10 Er'�SUBAREA GllLOUT 1tl ■ PROP0.SEDLIFTSTAT/OV ■ EXISTING LIFTSTATIOII / o n ■ EXISRNGLIFTSTArIONN Sarato Rid Sanitary Pro-Rate Anal Area Aa. OUlSI��AREAS 9a 9% Y Y%�% SP • PROPO.SEDMANHOLE Tract 1 257.69 X $' • EXISTING MANHOLE Tract 2 141.45 - • EXISMGM HOLE Total 399.14 OUTSIDE OFAREA5 �--,� ENGINEERING Overall Contributing Area 1138.90 - i Per ent Contribotio 35.05% / /' SANITARY SEWER GRA VI TY MAIN AND WA TERLINE TO SERVE SARA TOGA RIDGE SUBDIVISION DESIGN MEMORANDUM November 2023 PRELIMINARY NOT FOR CONSTRUCTION FOR INFORMATION PURPOSES ONLY D.SCOTTJONES,P.E.81986 November zi 2023 PREPARED BY: URBAN • nnv=r=•• ENGINEERING magow"U" 2725 Swantner St. • Corpus Christi, Texas 78404 Phone: (361) 854-3101 • FAX (361) 854-6001 Job No. 43549.C2.00 Table of Contents EXECUTIVE SUMMARY SECTION I Introduction A. Purpose SECTION II Proposed Improvements A. Gravity Sanitary Sewer B. Water SECTION III Gravity Sanitary Sewer Alignment A. Locations and Alignment for Proposed Sewer Lines B. Crossings SECTION IV Waterline Alignment A. Locations and Alignment for Proposed Water Lines B. Crossings SECTION V Design Flow for Sanitary Sewer and Water A. Design Flow for Sanitary Sewer B. Design Flow for Water Line SECTION VI Work Plan A. Survey for Plan Preparation SECTION VII Construction Requirements A. Disposal of Excess Site Excavation Material B. Restoration C. Storm Water Pollution Prevention Plan D. Erosion Control E. Traffic Control Plan EXHIBITS: A. Site Location B. Proposed Development Boundary (See Tract 1) Master Plan Map C. City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5) D. 1997 B&V Master Water Plan E. Overall Water & Sanitary Sewer Layout Exhibit Urban Engineering I DCCM Design Memorandum Page 11 Executive Summary The following is the Executive Summary for the plan submission for the Saratoga Ridge Subdivision Sanitary Sewer and Water Improvements. This project involves the installation of gravity sanitary sewer and manholes and water line. There is a proposed single family residential development located approximately 3200 feet southeast of Old Brownsville Rd (See Site Location). Currently there is no gravity sanitary sewer in this area. There is a 6-inch diameter sanitary sewer force main adjacent to the proposed development. The 6-inch force main runs along Saratoga Boulevard and eventually discharges into the Greenwood Wastewater Treatment Plan. There is an existing wastewater manhole on the south side of Saratoga Boulevard at the intersection at Calle Cuernavaca and Saratoga Boulevard. The existing line is sized per the current wastewater master plan. Our intention is to continue the line per the master plan west down Saratoga Blvd to the proposed development. The proposed development includes approximately 257 acres of single-family residential homes with approximately 965 lots to be built in phases. The estimated wastewater demand is calculated to be 1,158,000 GPD. The estimated water demand is calculated to be 833,760 GPD. See SECTION V for the design flow calculations. The design of the gravity line will follow criteria established by TCEQ in TAC 30 Chapter 217. Material for the gravity main line will be PVC (Green, C-900, DR 26). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. Future development in this area will dictate when the lift station needs to be upgraded to be able to handle the future flow. Please see Exhibit B for the overall proposed services areas (Tract 1 is the proposed development-Saratoga Ridge Subdivision) and Exhibit C for the adopted City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5) The proposed gravity sanitary sewer will start at an upstream point approximately 3,200 feet southeast of Old Brownsville Road and will extend from that point east where it will tie into an existing manhole. The proposed line will be installed along the front of the property. The proposed project will include approximately 2,970 linear feet of 18-inch diameter at 0.12% slope and 4,492 linear feet of 24-inch diameter at 0.08% slope gravity sanitary sewer and 5 feet diameter manholes at required depths to be built at master plan depths (Adopted City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5). The proposed gravity sanitary sewer will start with an upstream point fronting the property and will extend from that point east where it will tie into an existing manhole. Along with the sanitary sewer line, a water line needs to be installed to serve the proposed development. The proposed project would include approximately 4,150 linear feet of 12-inch waterline. It shall tie into the existing 12-inch water line with a tap and saddle along County Road 37 and tie into an existing blowoff valve on the existing 42" CSCP waterline along County Road 35. It will cross under the existing pavement by boring enclosed in a 24-inch steel casing and tie into the existing blowoff valve on the 42-inch CSCP waterline located in County Road 35. The water line design will follow criteria established by City of Corpus Christi standards. Material for the water line will be PVC (Class 150 and DR 18) and the pipe shall meet the requirements of AWWA-C900. Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. See Exhibit E for overall Water& Sanitary Sewer Layout. Urban Engineering I DCCM Design Memorandum Page 12 SECTION I - Introduction A. Purpose The purpose of this project is to construct sanitary sewer and water infrastructure improvements to serve a proposed development. The proposed sanitary sewer infrastructure includes gravity sanitary sewer line. There is a proposed development for a tract of land, project name Saratoga Ridge Subdivision along Saratoga Boulevard. Saratoga Boulevard adjacent to the proposed development is a TXDOT right of way 120 feet wide. Currently there are no gravity sanitary sewer lines in this area. There is an existing 6-inch sanitary sewer force mains and 54 inch water line lines on the north side of Saratoga Boulevard Island and an existing gas line to the south. There currently is an adopted Sanitary Sewer collection plan for this area (City of Corpus Christi Sanitary Sewer Collection Master Plan, Greenwood WWTP Service Area, Area 5). As part of the master plan there is a proposed gravity line. As part of the proposed improvements, a segment of the permanent gravity sanitary sewer will be constructed. The upstream end manholes will be approximately 3,200 feet southeast from Old Brownsville Road. The downstream end of the proposed segment will tie into an existing manhole which will eventually flow to the existing Greenwood Sanitary Sewer treatment plant. See exhibit E for overall water& sanitary sewer layout. The proposed improvements as part of this project will provide sanitary sewer service to not only the proposed Saratoga Ridge Subdivision development but also the future developments to the south of Saratoga Boulevard (see attached Exhibit B for service area boundary map). There currently is a Water Master Plan for this area (1997 B&V Master Water Plan). Please see exhibit D for the Water Master Plan). This plan shows the 54-inch water line (transmission mains) which exists but does not show a distribution water main. To serve the proposed development we have proposed 12-inch water line which shall tie into the existing 12-inch water line with a tap and saddle along County Road 37 and tie into an existing blowoff valve on the existing 42" CSCP waterline along County Road 35. It will cross under the existing pavement by boring enclosed in a 24-inch steel casing and tie into the existing blowoff valve on the 42-inch CSCP waterline located in County Road 35. Fire Hydrants will be installed on the proposed 12-inch waterline every 300 feet. See attached Exhibit E for the proposed Overall Water & Sanitary Sewer Layout Exhibit for details. Urban Engineering I DCCM Design Memorandum Page 13 SECTION II — Proposed Improvements A. Gravity Sanitary Sewer 1. 18-inch and 24-inch diameter PVC pipes to be installed at master plan depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500 feet apart per TCEQ Chapter 217 requirements. All the manholes 15 feet and deeper and pipe sizes greater than 18-inch to and from the manhole will be 5 feet in diameter. Manholes will be fiberglass with wall thickness and construction to conform to City of Corpus Wastewater Standard Details and Specifications. B. Water 1. 12-inch diameter PVC All proposed PVC water lines will be installed according to City of Corpus Christi Water Standard depths. 2. Fittings Fittings shall be either cast iron or ductile iron and shall conform to A.N.S.I. A21.10 and A.W.W.A. C-110 and C-153, Latest Edition. Urban Engineering I DCCM Design Memorandum Page 14 SECTION III - Gravity Sanitary Sewer and Waterline Alignment A topographic survey will be conducted to identify existing conditions, utilities, and other possible obstructions. Gravity Sanitary Sewer A. Locations and Alignment for Proposed Sewer Lines The proposed gravity sanitary sewer will start at an upstream point approximately 3,200 feet southeast of Old Brownsville Road and will extend from that point east where it will tie into an existing manhole. This line will be installed inside the right of way on the north side of Saratoga Boulevard and will be 5 feet offset from it. The proposed gravity sewer line will be located approximately 8 feet from the existing 6-inch sanitary sewer force main and approximately 17 feet from the existing 54-inch water mains. The alignment for the proposed gravity line will turn 90 degrees at the intersection of Calle Cuernavaca and Saratoga Boulevard where a new 5 feet diameter manhole will be installed. It will cross under the existing pavement by boring and tie into an existing manhole. See exhibit E for overall water & sanitary sewer layout. B. Crossings The future sanitary sewer gravity main will cross the following: 1. Utilities a. Gas Utility: A preliminary investigation indicates that there will be a crossing of an existing City gas line. We do not anticipate the following crossings: a. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed gravity main. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Water: A preliminary investigation indicates that there will not be any crossing of existing water lines. e. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will not be any crossing of existing sewer lines. f. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there will not be any crossing of existing petroleum or petrochemical lines. Urban Engineering I DCCM Design Memorandum Page 15 SECTION IV — Water Line Alignment A. Locations and Alignment for Proposed Water Lines The proposed 12-inch water line shall tie into the existing 12-inch water line with a tap and saddle along County Road 37 and tie into an existing blowoff valve on the existing 42" CSCP waterline along County Road 35. It will cross under the existing pavement by boring enclosed in a 24-inch steel casing and tie into the existing blowoff valve on the 42-inch CSCP waterline located in County Road 35. Fire Hydrants will be installed on the proposed 12-inch waterline every 300 feet. The water line extension between the two taps shall be installed in the 25 feet Utility Easement and be 23 feet offset from the existing 120 feet Right of Way. See exhibit E for overall water & sanitary sewer layout. B. Crossings We do not anticipate the following crossings: 1. Utilities a. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed water main. b. Gas Utility: It does not appear that there will be a crossing of an existing City gas line. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Water: A preliminary investigation indicates that there will not be any crossing of existing water lines. e. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will not be any crossing of existing sewer lines. f. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there will not be any crossing of existing petroleum or petrochemical lines. Urban Engineering I DCCM Design Memorandum Page 16 SECTION V — Design Flow for Sanitary Sewer and Water A. Design Flow for Sanitary Sewer 1. Service Area The proposed sanitary sewer system is designed to serve approximately 257 acres of land that includes low density single family residential homes. There will be approximately 965 lots for the entire proposed development. See Exhibit A (Tract 1) for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The flow for this area has already been calculated in the Greenwood Wastewater Treatment Plant Master Plan. The proposed development is in accordance with the Future Land Use Plan that the Master Plan used to calculate flows. Therefore, we propose to build the extension of the collection line per the master plan size and depth required. B. Design Flow for Water Line 1. Service Area The proposed waterline is designed to serve approximately 257 acres of land that includes low density single family residential homes. There will be approximately 965 lots for the entire proposed development. See Exhibit A (Tract 1) for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The updated design flow from the proposed development was calculated by the formula below. 0.6 GPM or 864 GPD of water demand per lot was assumed. The expected water demand is calculated as: Total No of lots x 864 GPD = 965 lots x 864 GPD= 833,760 GPD Therefore, the expected water demand for the proposed development is calculated to be 833,760 GPD Urban Engineering I DCCM Design Memorandum Page 17 SECTION VI — Work Plan A. Surveys and Plan Preparation 1. Datum: All work on this project (surveys, plans) will be on the Texas State Plane Coordinate System, NAD 83, South Zone (City Standard Datum). 2. Ground Surveys: Ground elevations and validation of general land features shall be made to determine trench depths, utility locations and other obstructions. Specific areas of concern such as major channels and street crossings will require more than the normal surveys to identify topographic variations and other sub-surface structures. 3. Drawings Drawings will be completed in accordance with the City of Corpus Christi's Standards, properly coordinated with the project specifications and other details and arranged in such a fashion as to allow the Contractor to accurately estimate the cost of the project and construct it. All drawings will be produced electronically using a computer aided drafting design (CADD) package. Horizontal and Vertical Scale: The scale recommended and utilized on this project shall be 1"= 40' horizontal, 1" = 4' vertical. All pipeline plans and profile sheets will be arranged as to read from left to right with the project beginning at the proposed lift station. Where possible, plan views will be oriented with the north to either the top or left of the sheet. Urban Engineering I DCCM Design Memorandum Page 18 SECTION VII — Construction Requirements A. Disposal Of Excess Site Excavation Material All excess excavation material shall be disposed of by the Contractor. Provisions shall be provided in the Contract Documents to direct the Contractor in proper disposal of contaminated soil. B. Restoration Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements shall be repaired. C. Storm Water Pollution Prevention Plan A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to minimize pollution entering the storm sewers along the project (including open drainage ditches). Specific emphasis shall be made near street intersections and large drainage facilities where access to and from the work area shall be critical. D. Erosion Control There are no specific areas where the gravity main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended beyond the City Standard Stormwater Pollution Prevention Plan. E. Traffic Control Plan A Traffic Control Plan will be provided in accordance with standard City specifications and latest edition of the Texas Uniform Manual on Traffic Control Devices. Urban Engineering I DCCM Design Memorandum Page 19 Amendment to the Water Master Plan Saratoga Ridge Subdivision Council Meeting July 16, 2024 Corpus Christi Waters- Serving the Coastal Bend Background • Braselton and Development and Urban Engineering have requested an amendment to the current water master plan. • Site total: 257 acres. • 965 single family residential lots • Estimated water demand is 833,760 gallons per day at full build • Amendment adds 1 ,460 linear feet of master plan water lines along Saratoga Blvd. • Amendment has been reviewed and approved by Corpus Christi Water COW Location Map �: 'EXHIBIT B f L o ❑ N I` l' 1` . tee ❑1 ' — snrnwivlrwa gars _ � xv u�.mG.uev�3r�awrri \\� ■ casmcvrsr�rcw �/ ■ ws:r 5orctepe Rltlpa Senllery Rv-Bute Rnelyela Nw(ft.) Troe1] ui.0 1 �� � ensrerw�s Total 399.1� �— NRBAM uwan wm.me<we arro tla¢so 1 ENOINEERIhIQ ���� n CCW� Proposed Amendment ti CC ORHR STI �� Corpus Christi ;� C ii R S T I Installation of 1,460 Linear Feet of 12 Diameter Water Line -intern&Do , ;! Airport Q PROJECT LOCATION 0 so Crenk 337 11 - r PROPOSED 12" PVC WATER LINE • GREENWOOD WASTEWATER ~ TREATMENT PLANT yCY ti' , ccw- Recommendation • Staff recommends approval. • Design Engineer and owner worked with CCW to develop a plan that would accommodate the water requirements for this location. • Reasonable amendment that facilitates development. CON- Thank you ! COCOrp u*�rSti s Water'. ng the Coastal Bend so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 07/16/24 N�ORP00.p�g� 1852 Second Reading Ordinance for 07/23/24 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with Saratoga 400 Partners, LLC for water improvements for Saratoga Ridge CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $899,000 with Saratoga 400 Partners, LLC to construct a water arterial transmission grid main related to Saratoga Ridge subdivision off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $899,000.00 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: Saratoga 400 Partners, LLC is developing 257.69 acres of single-family residential homes with approximately 956 lots to be built in phases and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $899,000.00. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 257.69 acres subdivision named Saratoga Ridge, located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd. The preliminary plat was approved by the Planning Commission on September 7, 2022. The water improvements consist of 1 ,460 linear feet of 12" PVC pipe. The allowable reimbursement amount is $899,000.00. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission & Grid Main Line Construction Standards. The current trust fund balance is negative and will continue to be negative for the foreseeable future. Therefor, funding for this agreement is slated to come from future revenue sources. The project is eligible for reimbursement from the Water Arterial Transmission & Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Saratoga Ridge development. An alternative to utilizing trust funds to construct the water arterial transmission and grid main 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 water improvements is $899,000.00. Agreement requires appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust 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) Summary of Trust Fund Balance Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $899,000.00 with Saratoga 400 Partners, LLC to construct a water arterial transmission grid main related to Saratoga Ridge subdivision off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $899,000.00 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a preliminary plat, approved by the Planning Commission on November 1, 2023, to develop a tract of land, to wit: approximately 257.69 acres known as Saratoga Ridge, located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 12-inch Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water 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 Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction; WHEREAS, reimbursement shall only be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main 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 tenth-in-line in the order for reimbursement from the Water Arterial Transmission & Grid Main 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 Water Arterial Transmission & Grid Main 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, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement") with Saratoga 400 Partners, LLC ("Developer") for the installation of Water Improvement, including all related appurtenances, for the development of Saratoga Ridge, 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 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $899,000.00 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $899,000.00 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Saratoga 400 Partners, LLC, ("Developer/Owner"), a Domestic 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 (September 7) to develop a tract of land, to wit: approximately 257.69 acres known as Saratoga Ridge located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd 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 Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. 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 Water 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 extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 13 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 Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 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 Water Arterial Transmission and Grid Main 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 Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main 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 Water 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: PROJECT: SARATOGA RIDGE SUBDIVISION DATE: March 27,2024 Engineer:D.SCOTT JONES,P.E. JOB NO: 13275 ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE TOTAL AMOUNT QUANTITY A.WATER IMPROVEMENTS: Al 12"PVC C-900 Waterline LF 1,460 $130 $189,800 A2 8"Gate Valve EA 2 $4,000 $8,000 A3 12"Gate Valve EA 6 $5,200 $31,200 A4 12"xl2"Tee EA 4 $5,000 $20,000 A5 12"x12"90 Degree bend EA 3 $2,500 $7,500 A6 12"to 8"Reducer EA 2 $2,000 $4,000 A7 Fire Hydrant Assembly EA 6 $7,000 $42,000 A8 8"Water Cap EA 2 $700 $1,400 A9 12"Water Cap EA 5 $1,000 $5,000 A10 Tie To Existing 12"Waterline Using Cut In 12"Tee LS 1 $7,000 $7,000 All Tie To Existing Blowoff Valve on 48" Waterline LS 1 $3,500 $3,500 Al2 Entry Bore Pit LS 2 $20,000 $40,000 A13 Exit Bore Pit LS 2 $5,000 $10,000 A14 21"Bore,Steel Pipe(Includes 12"Carrier Pipe) LF 210 $750 $157,500 A15 Utility Adjustment Allowance LS 1 $20,000 $20,000 A16 Traffic Control LS 1 $85,000 $85,000 A17 Temporary Construction Easement Acquisition For Bores LS 2 $10,000 $20,000 A18 Mobilization(5%) LS 1 $33,000 $33,000 A19 Insurance Bonding(2%) LS 1 $13,000 $13,000 SUBTOTAL PART A:WATER IMPROVEMENTS $697,900 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 13 OPCC Summary SUBTOTAL PART A:WATER IMPROVEMENTS $697,900 SUBTOTAL PART B:CONTINGENCY @15% $104,685 SUBTOTAL PART C:TOTAL CONSTRUCTION COST $802,585 SUBTOTAL PART D:SOFT COST @12% (ENGINEERING,TESTING&SURVEYING) $96,310 TOTAL COST FOR WATER IMPROVEMENTE $899,000 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards 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 Water Improvements is $899,000.00 Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $899,000.00 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 Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, 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, 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. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 13 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 at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse 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 there is an uncured default by the Developer/Owner. 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 Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., 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 Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 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: Saratoga 400 Partners, LLC 5337 Yorktown Blvd, Suite 10 Corpus Christi, Texas 78413 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 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 13 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 may 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 Water 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 Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and 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. 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 or 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: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 5 of 13 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 Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or 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 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. 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 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 13 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that 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 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; epidemic; 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 Water Improvements contracts for testing services, and with the contractor for the construction of the Water 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 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: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 13 (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 WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water 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 water 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 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 13 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 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 INTERESTS Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 13 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 Interests form attached hereto 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: (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.htm1. 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 shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 13 Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 11 of 13 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 Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 13 DEVELOPER/OWNER: Saratoga 400 Partners, LLC, a Texas Limited Liability Company 5337 Yorktown Blvd, Suite 10 Corpus Christi, Texas 78413 By: Braselton Development Company, Ltd, a Texas Limited Partnership, its managing member, Braselton Management Company, LLC, a Texas Limited Liability Company, its general partner. Fred Braselton, President, Braselton Management Company, LLC BY: MVR Construction Company, a Texas Corporation, its managing member Vahid Rezaei-Nazari, Director STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Fred Braselton, President of Saratoga 400 Partners, LLC, a Domestic Limited Liability Company on behalf of said company. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 13 of 13 EXHIBIT 1 -�� Exhibit 1 HMO Reimbursement Agreement •�� Application INTENT l J �� CODE COUNCIL LAMENT 5�� MEMBER 2406 Leopard St. Corpus Christi, TX 78408 1 Phone: 361.826.3240 1 Fax: 361.826.4375 1 contractsandagreements@cctexas.com Date of Application: 8/15/2023 Approved Plat Name: Saratoga Ridge Subdivision (Master Preliminary Plat) Public Improvements ©efe4:red-, to be Reimbursed. Water and wastewater Approved Public Improvement Plans: Y r N Submitting Design Memo Cost Estimate for Defefred Public Improvements: Attached Ownership and authorized signatories to enter into the agreement: Owner:Saratoga 400 Partners,LLC Fred Braselton,President of Braselton Management Company,LLC,general partner of Braselton Development Company,Ltd.,member of Saratoga 400 Partners, LLC Vahid Rezaei-Nazari(Vic)-Director of MVR Construction Company,member of Saratoga 400 Partners,LLC Contact Information Name: Fred Braselton / Vahid Rezaei - Nazari (Vic) E-mail address: Fred@brasdev.com /mvr.corp@yahoo.com Phone Number: (361) 991-4710 (Fred) (361)877-8243 (Vic) Preferred Method of Contact: Email F Phone I Other F If other, provide detail: Company Name entering into the agreement: Saratoga 400 Partners, LLC Company Address: 5337 Yorktown Boulevard, Suite 10D Corpus Christi, Texas 78413 &/A ,�, Fred Braselton,Presfdenl of Braselton Management Company,LLC,general partner of Braselton Development Company,Ltd.,member of Saratoga 400 Partners,LLC Applicant's Signature &Title / Vahid Rezaei-Nazari(Vic)-Director of MVR Construction Company,membe I If Saratoga 400 Partners,LLC Applicant's Signature &Title Submit Application Electronically to:contractsandagreements@cctexas.com Mail to: Development Services Attn: Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 City of Corpus Christi I Form No:DSD-3016 Rev. 12/20221 Page 1 of 2 EXHIBIT 2 r Exhibit 2 PROPOSED DRAINAGE R 0 V, way REMAINING FR ZN Floodzone_AE 77,77 ONING Floo ne X 9 Shade / OL / sDR-z Fl UNIT 1 re 9DR-ere tsA Rat Unshaded) e �--�eoLtEc�ea— r tea, NIT 11 SP zoNE 32± ACREsP reeDR-erets�IT�a, � G �/ D NSITY= 26 LOTS/AC PROPOS D RE�SP.,P�PoO I II Floodzone AE - UNI 11— ere E 21«"" -EA 1- / LEGENDDen NacL ELow El �� ">Pvc o-reoo c�oo — EXISITNGEWATER LINE H PROPOSED WATER LINE Q e SDR— ITA ) R-26(SANITARv) —2 (SPNnPRv W PROPOSED WASTEWATER LINE J UNIT 9 PaaX Arp UNIo 4 j - MANH. d re -100 UNIT 3C,A auT oT w eu=Ezs a Po D EIRE RroRANT z -A NIT PR PO E RS 4, �retsA Tea, a1 Q i r z e - FLJ lood one X w C0.s e,T osoo 1 ± CR @ o eP .-Poo se o-PoO a J _ r (Sho ed) UNIT Ire-ze PANI'A'I- 3 OT e zre AINITorzv) .sore-Ta aN+�,re., SIfE UNIT 2 w re so a,N�T,N.1 ss�� 4� oo�sD sDre N UN I T 6 �II Q - o�3ze Fo T - E REMAINING FR ZONING LINE REMAINI G FRI z L OMM/OE�£LOPER �3 LOCATION MAP W Brasellon DevelopmentLu $v� [E TD Bart Brasel,on xlslNc waTER wAre�re z a' J-,ENgloe..mg SARATOGA EVARD (A-3 COL I CTOR) (7 2121 wswan,ner z coypu CM1rlstl,Te.os 28404� vc Aer Na.�la. / , vc ,.eio Ta eK Aer m%emo W 381.854.3101 isT / SARATOGA RIDGE SUBDIVISION aooT�ated hristi,Texas .a. ...� �.. .� D' Bel 9 acres oT land _ A U ou, !La,s 1-6,Ra bert... SAEET a, rew 0 T map n Volume 3,a Pog 40 Map Records of OF Nueces County Teas JOB NO. EXHIBIT 3 Exhibit 3 SANITARY SEWER GRAVITY MAIN AND WATERLINE TO SERVE SARA TOGA RIDGE SUBDIVISION DESIGN MEMORANDUM November 2023 PRELIMINARY NOT FOR CONSTRUCTION FOR INFORMATION PURPOSES ONLY D.SCOTTJONES,P.E.81986 November zi 2023 PREPARED BY: URBAN • nnv=r=•• ENGINEERING m..r" U" 2725 Swantner St. • Corpus Christi, Texas 78404 Phone: (361) 854-3101 • FAX (361) 854-6001 Job No. 43549.C2.00 Table of Contents EXECUTIVE SUMMARY SECTION I Introduction A. Purpose SECTION II Proposed Improvements A. Gravity Sanitary Sewer B. Water SECTION III Gravity Sanitary Sewer Alignment A. Locations and Alignment for Proposed Sewer Lines B. Crossings SECTION IV Waterline Alignment A. Locations and Alignment for Proposed Water Lines B. Crossings SECTION V Design Flow for Sanitary Sewer and Water A. Design Flow for Sanitary Sewer B. Design Flow for Water Line SECTION VI Work Plan A. Survey for Plan Preparation SECTION VII Construction Requirements A. Disposal of Excess Site Excavation Material B. Restoration C. Storm Water Pollution Prevention Plan D. Erosion Control E. Traffic Control Plan EXHIBITS: A. Site Location B. Proposed Development Boundary (See Tract 1) Master Plan Map C. City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5) D. 1997 B&V Master Water Plan E. Overall Water & Sanitary Sewer Layout Exhibit Urban Engineering I DCCM Design Memorandum Page 11 Executive Summary The following is the Executive Summary for the plan submission for the Saratoga Ridge Subdivision Sanitary Sewer and Water Improvements. This project involves the installation of gravity sanitary sewer and manholes and water line. There is a proposed single family residential development located approximately 3200 feet southeast of Old Brownsville Rd (See Site Location). Currently there is no gravity sanitary sewer in this area. There is a 6-inch diameter sanitary sewer force main adjacent to the proposed development. The 6-inch force main runs along Saratoga Boulevard and eventually discharges into the Greenwood Wastewater Treatment Plan. There is an existing wastewater manhole on the south side of Saratoga Boulevard at the intersection at Calle Cuernavaca and Saratoga Boulevard. The existing line is sized per the current wastewater master plan. Our intention is to continue the line per the master plan west down Saratoga Blvd to the proposed development. The proposed development includes approximately 257 acres of single-family residential homes with approximately 965 lots to be built in phases. The estimated wastewater demand is calculated to be 1,158,000 GPD. The estimated water demand is calculated to be 833,760 GPD. See SECTION V for the design flow calculations. The design of the gravity line will follow criteria established by TCEQ in TAC 30 Chapter 217. Material for the gravity main line will be PVC (Green, C-900, DR 26). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. Future development in this area will dictate when the lift station needs to be upgraded to be able to handle the future flow. Please see Exhibit B for the overall proposed services areas (Tract 1 is the proposed development-Saratoga Ridge Subdivision) and Exhibit C for the adopted City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5) The proposed gravity sanitary sewer will start at an upstream point approximately 3,200 feet southeast of Old Brownsville Road and will extend from that point east where it will tie into an existing manhole. The proposed line will be installed along the front of the property. The proposed project will include approximately 2,970 linear feet of 18-inch diameter at 0.12% slope and 4,492 linear feet of 24-inch diameter at 0.08% slope gravity sanitary sewer and 5 feet diameter manholes at required depths to be built at master plan depths (Adopted City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5). The proposed gravity sanitary sewer will start with an upstream point fronting the property and will extend from that point east where it will tie into an existing manhole. Along with the sanitary sewer line, a water line needs to be installed to serve the proposed development. The proposed project would include approximately 4,150 linear feet of 12-inch waterline. It shall tie into the existing 12-inch water line with a tap and saddle along County Road 37 and tie into an existing blowoff valve on the existing 42" CSCP waterline along County Road 35. It will cross under the existing pavement by boring enclosed in a 24-inch steel casing and tie into the existing blowoff valve on the 42-inch CSCP waterline located in County Road 35. The water line design will follow criteria established by City of Corpus Christi standards. Material for the water line will be PVC (Class 150 and DR 18) and the pipe shall meet the requirements of AWWA-C900. Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. See Exhibit E for overall Water& Sanitary Sewer Layout. Urban Engineering I DCCM Design Memorandum Page 12 SECTION I - Introduction A. Purpose The purpose of this project is to construct sanitary sewer and water infrastructure improvements to serve a proposed development. The proposed sanitary sewer infrastructure includes gravity sanitary sewer line. There is a proposed development for a tract of land, project name Saratoga Ridge Subdivision along Saratoga Boulevard. Saratoga Boulevard adjacent to the proposed development is a TXDOT right of way 120 feet wide. Currently there are no gravity sanitary sewer lines in this area. There is an existing 6-inch sanitary sewer force mains and 54 inch water line lines on the north side of Saratoga Boulevard Island and an existing gas line to the south. There currently is an adopted Sanitary Sewer collection plan for this area (City of Corpus Christi Sanitary Sewer Collection Master Plan, Greenwood WWTP Service Area, Area 5). As part of the master plan there is a proposed gravity line. As part of the proposed improvements, a segment of the permanent gravity sanitary sewer will be constructed. The upstream end manholes will be approximately 3,200 feet southeast from Old Brownsville Road. The downstream end of the proposed segment will tie into an existing manhole which will eventually flow to the existing Greenwood Sanitary Sewer treatment plant. See exhibit E for overall water& sanitary sewer layout. The proposed improvements as part of this project will provide sanitary sewer service to not only the proposed Saratoga Ridge Subdivision development but also the future developments to the south of Saratoga Boulevard (see attached Exhibit B for service area boundary map). There currently is a Water Master Plan for this area (1997 B&V Master Water Plan). Please see exhibit D for the Water Master Plan). This plan shows the 54-inch water line (transmission mains) which exists but does not show a distribution water main. To serve the proposed development we have proposed 12-inch water line which shall tie into the existing 12-inch water line with a tap and saddle along County Road 37 and tie into an existing blowoff valve on the existing 42" CSCP waterline along County Road 35. It will cross under the existing pavement by boring enclosed in a 24-inch steel casing and tie into the existing blowoff valve on the 42-inch CSCP waterline located in County Road 35. Fire Hydrants will be installed on the proposed 12-inch waterline every 300 feet. See attached Exhibit E for the proposed Overall Water & Sanitary Sewer Layout Exhibit for details. Urban Engineering I DCCM Design Memorandum Page 13 SECTION II — Proposed Improvements A. Gravity Sanitary Sewer 1. 18-inch and 24-inch diameter PVC pipes to be installed at master plan depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500 feet apart per TCEQ Chapter 217 requirements. All the manholes 15 feet and deeper and pipe sizes greater than 18-inch to and from the manhole will be 5 feet in diameter. Manholes will be fiberglass with wall thickness and construction to conform to City of Corpus Wastewater Standard Details and Specifications. B. Water 1. 12-inch diameter PVC All proposed PVC water lines will be installed according to City of Corpus Christi Water Standard depths. 2. Fittings Fittings shall be either cast iron or ductile iron and shall conform to A.N.S.I. A21.10 and A.W.W.A. C-110 and C-153, Latest Edition. Urban Engineering I DCCM Design Memorandum Page 14 SECTION III - Gravity Sanitary Sewer and Waterline Alignment A topographic survey will be conducted to identify existing conditions, utilities, and other possible obstructions. Gravity Sanitary Sewer A. Locations and Alignment for Proposed Sewer Lines The proposed gravity sanitary sewer will start at an upstream point approximately 3,200 feet southeast of Old Brownsville Road and will extend from that point east where it will tie into an existing manhole. This line will be installed inside the right of way on the north side of Saratoga Boulevard and will be 5 feet offset from it. The proposed gravity sewer line will be located approximately 8 feet from the existing 6-inch sanitary sewer force main and approximately 17 feet from the existing 54-inch water mains. The alignment for the proposed gravity line will turn 90 degrees at the intersection of Calle Cuernavaca and Saratoga Boulevard where a new 5 feet diameter manhole will be installed. It will cross under the existing pavement by boring and tie into an existing manhole. See exhibit E for overall water & sanitary sewer layout. B. Crossings The future sanitary sewer gravity main will cross the following: 1. Utilities a. Gas Utility: A preliminary investigation indicates that there will be a crossing of an existing City gas line. We do not anticipate the following crossings: a. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed gravity main. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Water: A preliminary investigation indicates that there will not be any crossing of existing water lines. e. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will not be any crossing of existing sewer lines. f. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there will not be any crossing of existing petroleum or petrochemical lines. Urban Engineering I DCCM Design Memorandum Page 15 SECTION IV — Water Line Alignment A. Locations and Alignment for Proposed Water Lines The proposed 12-inch water line shall tie into the existing 12-inch water line with a tap and saddle along County Road 37 and tie into an existing blowoff valve on the existing 42" CSCP waterline along County Road 35. It will cross under the existing pavement by boring enclosed in a 24-inch steel casing and tie into the existing blowoff valve on the 42-inch CSCP waterline located in County Road 35. Fire Hydrants will be installed on the proposed 12-inch waterline every 300 feet. The water line extension between the two taps shall be installed in the 25 feet Utility Easement and be 23 feet offset from the existing 120 feet Right of Way. See exhibit E for overall water & sanitary sewer layout. B. Crossings We do not anticipate the following crossings: 1. Utilities a. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed water main. b. Gas Utility: It does not appear that there will be a crossing of an existing City gas line. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Water: A preliminary investigation indicates that there will not be any crossing of existing water lines. e. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will not be any crossing of existing sewer lines. f. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there will not be any crossing of existing petroleum or petrochemical lines. Urban Engineering I DCCM Design Memorandum Page 16 SECTION V — Design Flow for Sanitary Sewer and Water A. Design Flow for Sanitary Sewer 1. Service Area The proposed sanitary sewer system is designed to serve approximately 257 acres of land that includes low density single family residential homes. There will be approximately 965 lots for the entire proposed development. See Exhibit A (Tract 1) for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The flow for this area has already been calculated in the Greenwood Wastewater Treatment Plant Master Plan. The proposed development is in accordance with the Future Land Use Plan that the Master Plan used to calculate flows. Therefore, we propose to build the extension of the collection line per the master plan size and depth required. B. Design Flow for Water Line 1. Service Area The proposed waterline is designed to serve approximately 257 acres of land that includes low density single family residential homes. There will be approximately 965 lots for the entire proposed development. See Exhibit A (Tract 1) for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The updated design flow from the proposed development was calculated by the formula below. 0.6 GPM or 864 GPD of water demand per lot was assumed. The expected water demand is calculated as: Total No of lots x 864 GPD = 965 lots x 864 GPD= 833,760 GPD Therefore, the expected water demand for the proposed development is calculated to be 833,760 GPD Urban Engineering I DCCM Design Memorandum Page 17 SECTION VI — Work Plan A. Surveys and Plan Preparation 1. Datum: All work on this project (surveys, plans) will be on the Texas State Plane Coordinate System, NAD 83, South Zone (City Standard Datum). 2. Ground Surveys: Ground elevations and validation of general land features shall be made to determine trench depths, utility locations and other obstructions. Specific areas of concern such as major channels and street crossings will require more than the normal surveys to identify topographic variations and other sub-surface structures. 3. Drawings Drawings will be completed in accordance with the City of Corpus Christi's Standards, properly coordinated with the project specifications and other details and arranged in such a fashion as to allow the Contractor to accurately estimate the cost of the project and construct it. All drawings will be produced electronically using a computer aided drafting design (CADD) package. Horizontal and Vertical Scale: The scale recommended and utilized on this project shall be 1"= 40' horizontal, 1" = 4' vertical. All pipeline plans and profile sheets will be arranged as to read from left to right with the project beginning at the proposed lift station. Where possible, plan views will be oriented with the north to either the top or left of the sheet. Urban Engineering I DCCM Design Memorandum Page 18 SECTION VII — Construction Requirements A. Disposal Of Excess Site Excavation Material All excess excavation material shall be disposed of by the Contractor. Provisions shall be provided in the Contract Documents to direct the Contractor in proper disposal of contaminated soil. B. Restoration Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements shall be repaired. C. Storm Water Pollution Prevention Plan A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to minimize pollution entering the storm sewers along the project (including open drainage ditches). Specific emphasis shall be made near street intersections and large drainage facilities where access to and from the work area shall be critical. D. Erosion Control There are no specific areas where the gravity main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended beyond the City Standard Stormwater Pollution Prevention Plan. E. Traffic Control Plan A Traffic Control Plan will be provided in accordance with standard City specifications and latest edition of the Texas Uniform Manual on Traffic Control Devices. Urban Engineering I DCCM Design Memorandum Page 19 EXHIBIT B v 4 N i o 1 o 1 H GRAPHIC SCALE . m \\ ❑ LEGEND PRaP DWASTEWATERUNE I � ANALYSIS EXSTING WASTEWA TER LINE POINT — PROPOSEDFORCEIMIN EXISTINGFORCEMAIN DO m EXISTING WAS7EWA TER LINES I OUTSIDEOFAREAS E2 ,4` - AR&1 BOUNDARY \\//" O� / UFTSTA770NINTERNAL SOUNDAR SUBAREABOUNOARY GREENWOOD ADMCENTAREA BOUNDARY .. ��. � WW1P EXISRNOA/RPORTPROPER7YLAVE 1 �050 CREEK _ TRIRIITARY 10 Er'�SUBAREA GllLOUT 1tl ■ PROP0.SEDLIFTSTAT/OV ■ EXISTING LIFTSTATIOII / o n ■ EXISRNGLIFTSTArIONN Sarato Rid Sanitary Pro-Rate Anal Area Aa. OUlSI��AREAS 9a 9% Y Y%�% SP • PROPO.SEDMANHOLE Tract 1 257.69 X $' • EXISTING MANHOLE Tract 2 141.45 - • EXISMGM HOLE Total 399.14 OUTSIDE OFAREA5 �--,� ENGINEERING Overall Contributing Area 1138.90 - i Per ent Contribotio 35.05% / /' AOS�x� i.MD USE CHAPACTERISTMS WEREDETERNWED FROM THE i EXHIBITC r'�' J b NSfURDsERCE WM)NCNRO"A wENrwFLOWs 1 vo SEE EXHIBIT 6 FOR — - -- W ASSUMED TOW 100DAl/C4P/DAYASPER MEOW MC3174 - ---_r --------1- _ AREA 6 (a).DA T OMNRYAM, \ AL \ MASTER PLAN N S WTACESIZESANOSLOPES MEET rCEO RULESASESTABLASHEOIN i 30TAC311,EFFECTNEJANUARY6.ZCtl.S. \ 4 TH£PE-MSFACTORWASGLCULA)£DUSINCTHEHARQLDE \ � — ��STFN�SWHICHHAS BEENWIOELYUSED IN PREVIOUS \ 5 SDMEAUNfKKESARENOrSAV-FORD.R 6 THE SERNCEARE9 WAS ASSUMED TO BE FULLY oMLOPED >ALL OF THE&MnON CON"S WEREDER—FROM THE \ \ F USGS 75MIWU SERIES TOPDGRAPHIC MAPS PLED MR \\ I + \ ¢t ISLANOSWaUA0.PANGL,I WANOCRANEISIANDNW,ISBB Wff NTPOZVLE THE UPSTREAM END OF&L IATERALSWLLHAIEAMINIMUMDEPTHOF4=.. m - S TNECORPI/SCHRISTIWMRN4MLNALAIRPo rMA RPLAN WASADDPTEDiHRDUGH ORDINA W. \`------------- 02s7aMDIDENTIFIEOTHEPROGERTYINCLUDEON'THEFUNRE J. A—TIXPANSIDN 1 I EXISTING — — / / 0 AIRPORT I I 1 a 0 \\ PROPERTY: I / \ o o �� o ,❑ 0 I 01 pQ, �� rl � s \ ❑ ❑ Full 1 i era v \ ea 1 \ 3 a \ F / o f lj I S2R't;,,Q LEGEND �` PRDPoSEDWASTEWATERLINE IX/STINGWA6n WATERLINE d PROPOSED FDRCEMNN / ❑ �� `... IXISibYG FORCEMAIN UISWWM�AEGREE O' DUTSIDEDFAR£ASIERLINES iR inHVK tO AREA BWNWRY G\ \\IBB — — UI STAr ViN RNALBOUNDARY SUBAR6IBOUND9RY ADIACENTAR&BOUNDARY j \ ,/\ - - t;� /�� IXISiINGAIRPORTPROPERTYUNE � \� �� ■ rRorosEDLvrsrAr%N IXISTINGUFTSTAn \ ■ IXIsnNG L#7$rAnM OUTSIDEOFAREAS j \\ 1 / • PRWGs MANHOLE I • UISTINDMANHIXE �I NAL �DED p1 � 1 o�LNV ENGINEERINGIo — engineers&consultants mi iv.clo"s�1°aml�l ear CITY OFF CORPUS CHRISTY WASTEWATER COLLECTION TEXAS SYSTEM MASTER PLAN G o WASTEWATER;jj DEPARTMENT �j GREENWOOD WWTP SERVICE AREA Department of Engineering Services AREA 5 EXHIBIT 5A OCTOBER 26, 2006 EXHIBIT 4 PROJECT: SARATOGA RIDGE SUBDIVISION DATE: March 27,2024 Engineer:D.SCOTT JONES,P.E. JOB NO: 13275 ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE TOTAL AMOUNT QUANTITY A.WATER IMPROVEMENTS: Al 12"PVC C-900 Waterline LF 1,460 $130 $189,800 A2 8"Gate Valve EA 2 $4,0001 $8,000 A3 12"Gate Valve EA 6 $5,200 $31,200 A4 12"xl2"Tee EA 4 $5,000 $20,000 A5 12"xl2"90 Degree bend EA 3 $2,500 $7,500 A6 12"to 8"Reducer EA 2 $2,000 $4,000 A7 Fire Hydrant Assembly EA 6 $7,000 $42,000 A8 8"Water Cap EA 2 $700 $1,400 A9 12"Water Cap EA 5 $1,000 $5,000 A10 Tie To Existing 12"Waterline Using Cut In 12"Tee LS 1 $7,000 $7,000 All Tie To Existing Blowoff Valve on 48" Waterline LS 1 $3,500 $3,500 Al2 Entry Bore Pit LS 2 $20,000 $40,000 A13 Exit Bore Pit LS 2 $5,000 $10,000 A14 21"Bore,Steel Pie Includes 12"Carrier Pie LF 210 $750 $157,500 A15 Utility Adjustment Allowance LS 1 $20,000 $20,000 Al Traffic Control LS 1 $85,000 $85,000 A17 Temporary Construction Easement Acquisition For Bores LS 2 $10,000 $20,000 A18 Mobilization(5%) LS 1 $33,000 $33,000 A19 Insurance Bonding 2% LS 1 $13,000 $13,000 SUBTOTAL PART A:WATER IMPROVEMENTS $697,900 OPCC Summary SUBTOTAL PART A:WATER IMPROVEMENTS $697,900 SUBTOTAL PART B:CONTINGENCY @15% $104,685 SUBTOTAL PART C:TOTAL CONSTRUCTION COST $802,585 SUBTOTAL PART D:SOFT COST @12% (ENGINEERING,TESTING&SURVEYING) $96,310 TOTAL COST FOR WATER IMPROVEMENTS $899,000 PRELIMINARY NOT FOR CONSTRUCTION FOR INFORMATION PURPOSES ONLY D.SCOTT JONES,P.E.81986 March 27 2024 PG1of1 EXHIBIT 5 Exhibit 5 ' DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi 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 with "NA". NAME: Saratoga 400 Partners, LLC STREET: 5337 Yorktown Boulevard, Suite 10D CITY: Corpus Christi, Texas ZIP: 78413 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑■ Other limited liability company 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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. President of Braselton Management Company.LLC, Fred Braselton general partner of Braselton Development Company,Ltd., Certifying Person. Title. member of Saratoga 400 Partners,LLC (Print) Signature of Certifying Person: &IADate: l s Z-3 11 Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi 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 with "NA". NAME: Braselton Development Company, Ltd. STREET: 5337 Yorktown Boulevard, Suite 10D CITY: Corpus Christi, Texas ZIP: 78413 FIRM is: ❑ Corporation ❑■ Partnership ❑ Sole Owner ❑ Association ❑ Other 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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. Fred Braselton President of Braselton Management Company,LLC. Certifying Person: Title:general partner of Braselton Development Company,Ltd. (Print) Signature of Certifying Person: Date: Z Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 ' DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@ccfexas.com City of Corpus Christi 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 with "NA". NAME: Braselton Management Company, LLC STREET: 5337 Yorktown Boulevard, Suite 10D CITY: Corpus Christi, Texas ZIP: 78413 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑ Association ■❑ Other general partner 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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: Fred Braselton Title: President (Print) Signature of Certifying Person: Date: 2, Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 kb ' DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.corn City of Corpus Christi 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 with "NA". NAME: MVR Construction Company STREET: 6534 Marblewing CITY: Corpus Christi, Texas ZIP: 78414 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑■ Other limited liability company 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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: Vahid Rezaei - Nazari Title: Director (Print) Signature of Certifying Person: Date: Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi 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 with "NA". NAME: Saratoga 400 Partners, LLC STREET: 5337 Yorktown Boulevard, Suite 10D CITY: Corpus Christi, Texas Zip: 78414 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑ Association 0 Other limited liability company 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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. Vahid Rezaei - Nazari Director of MVR Construction Company, Certifying Person: Title: member of Saratoga 400 Partners, LLC (Print) Signature of Certifying Person: Date: Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 Water Arterial Transmission and Grid Main Construction & Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $899,000 with Saratoga 400 Partners, LLC to construct a water arterial transmission grid main related to Saratoga Ridge subdivision off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $899,000.00 to reimburse the developer in accordance with the agreement. (District 3). City Council July 16, 2024 Location Map N m rci U LUU 1W dp v PCGI Location Map Saratoga Ridge Subdivision aigea�«axn 2 Total Reimbursement Estimate �A.WATER IMPROVEMENTS: Al 12"PVC C-900 Waterline LF 1,460 $130 $189,800 A2 8"Gate Valve EA 2 $4,000 $8,000 A3 12"Gate Valve EA 6 $5,200 $31,200 A4 12"x12"Tee EA 4 $5,000 $20,000 AS 12"x12"90 Degree bend EA 3 $2,500 $7,500 A6 12"to 8"Reducer EA 2 $2,000 $4,000 A7 Fire Hydrant Assembly EA 6 $7,000 $42,000 A8 8"Water Cap EA 2 $700 $1,400 A9 12"Water Cap EA 5 $1,000 $5,000 A10 Tie To Existing 12"Waterline Using Cut In 12"Tee LS 1 $7,000 $7,000 All Tie To Existing Blowoff Valve on 48" Waterline LS 1 $3,500 $3,500 Al2 Entry Bore Pit LS 2 $20,000 $40,000 A13 Exit Bore Pit LS 2 $5,000 $10,000 A14 21"Bore,Steel Pipe(Includes 12"Carrier Pipe) LF 210 $750 $157,500 A15 Utility Adjustment Allowance LS 1 $20,000 $20,000 A16 Traffic Control LS 1 $85,000 $85,000 A17 Temporary Construction Easement Acquisition For Bores LS 2 $10,000 $20,000 A18 Mobilization(5%) LS 1 $33,000 $33,000 A19 Insurance Bonding(2%) LS 1 $13,000 $13,000 SUBTOTAL PART A:WATER IMPROVEMENTS $697,900 OPCC Summary SUBTOTAL PART A:WATER IMPROVEMENTS 697,900 SUBTOTAL PART B:CONTINGENCY @15% 104,685 SUBTOTAL PART C:TOTAL CONSTRUCTION COST 802,585 SUBTOTAL PART D:SOFT COST @12% (ENGINEERING,TESTING&SURVEYING) $96,310 TOTAL COST FOR WATER IMPROVEMENTS $899,000 Trust Fund Balance as of June 30, 2024 Available Combined Trust balance as of 06/30/2024 as reported by Finance is: -$2,408,565.63 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 -$1,6635980.82 $145186.75 -$15080,974.30 $3225202.74 Upon approval the Trust Funds will be: -$5,286,502.79 (Which includes an anticipated approval on a reimbursement agreement for Haven Subdivision) Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. SARATOGA 0 M LegWater end 200 * 11 :11 00111E���Feet Location r Saratoga Ridge Subdivision Proposed Water Improvements Project Location i so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 07/16/24 N�ORP00.p�g� 1852 Second Reading Ordinance for 07/23/24 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Wastewater Trunk System Construction and Reimbursement Agreement with Saratoga 400 Partners, LLC for wastewater improvements for Saratoga Ridge CAPTION: Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement agreement up to $4,131 ,000.00 with Saratoga 400 Partners, LLC to construct a wastewater trunk line related to the Saratoga Ridge subdivision located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $4,131 ,000.00 to reimburse the developer in accordance with the agreement. (District 3) SUMMARY: Saratoga 400 Partners, LLC is developing 257.69 acres of single-family residential homes with approximately 956 lots to be built in phases and is requesting funds to construct the wastewater trunk line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $4,131 ,000.00. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 257.69 acres subdivision named Saratoga Ridge, located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd. The preliminary plat was approved by the Planning Commission on September 7, 2022. The wastewater improvements consist of 2,400 linear feet of 18" PVC pipe and 2,130 linear feet of 24" PVC pipe. The allowable wastewater improvement reimbursement amount is $4,131,000.00. The term of the agreement is 24 months. The project is consistent with the City's Sanitary Sewer Trunk System Construction Standards. The current trust fund balance is negative and will continue to be negative for the foreseeable future. Therefore, funding for this agreement is slated to come from future revenue sources. The project is eligible for reimbursement from the Sanitary Sewer Trunk System Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Saratoga Ridge development. 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 sanitary sewer trunk improvements is $4,131 ,000.00. Agreement requires appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Sanitary Sewer Trunk Trust Fund to reimburse the developer per the agreement. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust 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) Summary of Trust Fund Balance Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement agreement up to $4,131,000.00 with Saratoga 400 Partners, LLC to construct a wastewater trunk line related to the Saratoga Ridge subdivision located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $4,131,000.00 to reimburse the developer in accordance with the agreement. (District 3) WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a preliminary plat, approved by the Planning Commission on November 1, 2023, to develop a tract of land, to wit: approximately 257.69 acres known as Saratoga Ridge, located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the Wastewater 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 in the best interests of the City to have the Wastewater Improvements constructed to its ultimate capacity under the City's applicable Master Plan; 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. WHEREAS, reimbursement shall only 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 eleventh-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, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a Wastewater Trunk Line System Construction and Reimbursement Agreement ("Agreement"), with Saratoga 400 Partners, LLC ("Developer"), for the wastewater trunk system improvements, including all related appurtenances, for the development of Saratoga Ridge, 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 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund to the No.4220-21800-777 Wastewater Trunk System Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $4,131,000.00 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate $4,131,000.00 from the No.4220-21800-777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the wastewater trunk system construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER TRUNK LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and (Saratoga 400 Partners, LLC), ("Developer/Owner"), a Domestic 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 September 7, 2002 to develop a tract of land, to wit approximately 257.69 acres known as Saratoga Ridge located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd 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 1313 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: A.SANITARY SEWER IMPROVEMENTS: Al Clearing LS 1 $25,000 $25,000 A2 18"PVC SDR-26(14'-18'Cut) LF 2,400 $365 $876,000 A3 24"PVC SDR-26(14'-20'Cut) LF 2,130 $420 $894,600 A4 36"Bore,Steel Pipe(Casing Only) LF 130 $1,200 $156,000 A5 5'Diameter Manhole EA 10 $30,000 300,000 A6 Tie to Ex.Manhole EA 1 $15,000 $15,000 A7 18"Cap EA 1 $2,000 $2,000 A8 OSHA Trench Protection LF 4,660 $5 $23,300 A9 Embedment LF 4,660 $6 $27,960 A10 Entry Bore Pit LS 1 $20,000 $20,000 All Exit Bore Pit LS 1 $5,000 $5,000 Al2 Utility Adjustment Allowance LS 1 $50,000 $50,000 A13 Temporary Construction Easement Acquisition For Bores LS 1 $10,000 $10,000 A14 Traffic Control LS 1 $150,000 $150,000 A15 Well Pointing LF 4,660 $95 $442,700 A16 Mobilization(5%) LS 1 $150,000 $150,000 A17 Insurance Bonding(2%) LS 1 $60,000 $60,000 SUBTOTAL PARTA:SANITARY SEWER IMPROVEMENTS $3,207,560 OPCC Summary SUBTOTAL PART A:SANITARY SEWER IMPROVEMENTS $3,207,560 SUBTOTAL PART B:CONTINGENCY @15% $481,134 SUBTOTAL PART C:TOTAL CONSTRUCTION COST $3,688,694 SUBTOTAL PART D:SOFT COST @12%(ENGINEERING,TESTING&SURVEYING) $442,643 TOTAL COST FOR SANITARY SEWER $4,131,000 IMPROVEMENTS Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 2 of 12 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 total cost for the Wastewater Improvements is $4,131,000.00. 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 up to an amount not to exceed $4,131,000.00 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. 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 3 of 12 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. 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: Saratoga 400 Partners, LLC 5337 Yorktown Blvd, Suite 10 Corpus Christi, Texas 78413 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 4 of 12 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. 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 5 of 12 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. 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 6 of 12 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 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 7 of 12 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 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 8 of 12 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: (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.htm1. 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 9 of 12 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) Deputy City Attorney For City Attorney Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 11 of 12 DEVELOPER/OWNER: Saratoga 400 Partners, LLC, a Texas Limited Liability Company 5337 Yorktown Blvd, Suite 10 Corpus Christi, Texas 78413 By: Braselton Development Company, Ltd, a Texas Limited Partnership, its managing member, Braselton Management Company, LLC, a Texas Limited Liability Company, its general partner. Fred Braselton, President, Braselton Management Company, LLC BY: MVR Construction Company, a Texas Corporation, its managing member Vahid Rezaei-Nazari, Director STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Fred Braselton, President of Saratoga 400 Partners, LLC, a Domestic Limited Liability Company on behalf of said company. Notary Public's Signature Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 12 of 12 EXHIBIT 1 -�� Exhibit 1 HMO Reimbursement Agreement •�� Application INTENT l J �� CODE COUNCIL LAMENT 5�� MEMBER 2406 Leopard St. Corpus Christi, TX 78408 1 Phone: 361.826.3240 1 Fax: 361.826.4375 1 contractsandagreements@cctexas.com Date of Application: 8/15/2023 Approved Plat Name: Saratoga Ridge Subdivision (Master Preliminary Plat) Public Improvements ©efe4:red-, to be Reimbursed. Water and wastewater Approved Public Improvement Plans: Y r N Submitting Design Memo Cost Estimate for Defefred Public Improvements: Attached Ownership and authorized signatories to enter into the agreement: Owner:Saratoga 400 Partners,LLC Fred Braselton,President of Braselton Management Company,LLC,general partner of Braselton Development Company,Ltd.,member of Saratoga 400 Partners, LLC Vahid Rezaei-Nazari(Vic)-Director of MVR Construction Company,member of Saratoga 400 Partners,LLC Contact Information Name: Fred Braselton / Vahid Rezaei - Nazari (Vic) E-mail address: Fred@brasdev.com /mvr.corp@yahoo.com Phone Number: (361) 991-4710 (Fred) (361)877-8243 (Vic) Preferred Method of Contact: Email F Phone I Other F If other, provide detail: Company Name entering into the agreement: Saratoga 400 Partners, LLC Company Address: 5337 Yorktown Boulevard, Suite 10D Corpus Christi, Texas 78413 &/A ,�, Fred Braselton,Presfdenl of Braselton Management Company,LLC,general partner of Braselton Development Company,Ltd.,member of Saratoga 400 Partners,LLC Applicant's Signature &Title / Vahid Rezaei-Nazari(Vic)-Director of MVR Construction Company,membe I If Saratoga 400 Partners,LLC Applicant's Signature &Title Submit Application Electronically to:contractsandagreements@cctexas.com Mail to: Development Services Attn: Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 City of Corpus Christi I Form No:DSD-3016 Rev. 12/20221 Page 1 of 2 EXHIBIT 2 r Exhibit 2 PROPOSED DRAINAGE R 0 V, way REMAINING FR ZN Floodzone_AE 77,77 ONING Floo ne X 9 Shade / OL / sDR-z Fl UNIT 1 re 9DR-ere tsA Rat Unshaded) e �--�eoLtEc�ea— r tea, NIT 11 SP zoNE 32± ACREsP reeDR-erets�IT�a, � G �/ D NSITY= 26 LOTS/AC PROPOS D RE�SP.,P�PoO I II Floodzone AE - UNI 11— ere E 21«"" -EA 1- / LEGENDDen NacL ELow El �� ">Pvc o-reoo c�oo — EXISITNGEWATER LINE H PROPOSED WATER LINE Q e SDR— ITA ) R-26(SANITARv) —2 (SPNnPRv W PROPOSED WASTEWATER LINE J UNIT 9 PaaX Arp UNIo 4 j - MANH. d re -100 UNIT 3C,A auT oT w eu=Ezs a Po D EIRE RroRANT z -A NIT PR PO E RS 4, �retsA Tea, a1 Q i r z e - FLJ lood one X w C0.s e,T osoo 1 ± CR @ o eP .-Poo se o-PoO a J _ r (Sho ed) UNIT Ire-ze PANI'A'I- 3 OT e zre AINITorzv) .sore-Ta aN+�,re., SIfE UNIT 2 w re so a,N�T,N.1 ss�� 4� oo�sD sDre N UN I T 6 �II Q - o�3ze Fo T - E REMAINING FR ZONING LINE REMAINI G FRI z L OMM/OE�£LOPER �3 LOCATION MAP W Brasellon DevelopmentLu $v� [E TD Bart Brasel,on xlslNc waTER wAre�re z a' J-,ENgloe..mg SARATOGA EVARD (A-3 COL I CTOR) (7 2121 wswan,ner z coypu CM1rlstl,Te.os 28404� vc Aer Na.�la. / , vc ,.eio Ta eK Aer m%emo W 381.854.3101 isT / SARATOGA RIDGE SUBDIVISION aooT�ated hristi,Texas .a. ...� �.. .� D' Bel 9 acres oT land _ A U ou, !La,s 1-6,Ra bert... SAEET a, rew 0 T map n Volume 3,a Pog 40 Map Records of OF Nueces County Teas JOB NO. EXHIBIT 3 Exhibit 3 SANITARY SEWER GRAVITY MAIN AND WATERLINE TO SERVE SARA TOGA RIDGE SUBDIVISION DESIGN MEMORANDUM November 2023 PRELIMINARY NOT FOR CONSTRUCTION FOR INFORMATION PURPOSES ONLY D.SCOTTJONES,P.E.81986 November zi 2023 PREPARED BY: URBAN • nnv=r=•• ENGINEERING m..r" U" 2725 Swantner St. • Corpus Christi, Texas 78404 Phone: (361) 854-3101 • FAX (361) 854-6001 Job No. 43549.C2.00 Table of Contents EXECUTIVE SUMMARY SECTION I Introduction A. Purpose SECTION II Proposed Improvements A. Gravity Sanitary Sewer B. Water SECTION III Gravity Sanitary Sewer Alignment A. Locations and Alignment for Proposed Sewer Lines B. Crossings SECTION IV Waterline Alignment A. Locations and Alignment for Proposed Water Lines B. Crossings SECTION V Design Flow for Sanitary Sewer and Water A. Design Flow for Sanitary Sewer B. Design Flow for Water Line SECTION VI Work Plan A. Survey for Plan Preparation SECTION VII Construction Requirements A. Disposal of Excess Site Excavation Material B. Restoration C. Storm Water Pollution Prevention Plan D. Erosion Control E. Traffic Control Plan EXHIBITS: A. Site Location B. Proposed Development Boundary (See Tract 1) Master Plan Map C. City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5) D. 1997 B&V Master Water Plan E. Overall Water & Sanitary Sewer Layout Exhibit Urban Engineering I DCCM Design Memorandum Page 11 Executive Summary The following is the Executive Summary for the plan submission for the Saratoga Ridge Subdivision Sanitary Sewer and Water Improvements. This project involves the installation of gravity sanitary sewer and manholes and water line. There is a proposed single family residential development located approximately 3200 feet southeast of Old Brownsville Rd (See Site Location). Currently there is no gravity sanitary sewer in this area. There is a 6-inch diameter sanitary sewer force main adjacent to the proposed development. The 6-inch force main runs along Saratoga Boulevard and eventually discharges into the Greenwood Wastewater Treatment Plan. There is an existing wastewater manhole on the south side of Saratoga Boulevard at the intersection at Calle Cuernavaca and Saratoga Boulevard. The existing line is sized per the current wastewater master plan. Our intention is to continue the line per the master plan west down Saratoga Blvd to the proposed development. The proposed development includes approximately 257 acres of single-family residential homes with approximately 965 lots to be built in phases. The estimated wastewater demand is calculated to be 1,158,000 GPD. The estimated water demand is calculated to be 833,760 GPD. See SECTION V for the design flow calculations. The design of the gravity line will follow criteria established by TCEQ in TAC 30 Chapter 217. Material for the gravity main line will be PVC (Green, C-900, DR 26). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. Future development in this area will dictate when the lift station needs to be upgraded to be able to handle the future flow. Please see Exhibit B for the overall proposed services areas (Tract 1 is the proposed development-Saratoga Ridge Subdivision) and Exhibit C for the adopted City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5) The proposed gravity sanitary sewer will start at an upstream point approximately 3,200 feet southeast of Old Brownsville Road and will extend from that point east where it will tie into an existing manhole. The proposed line will be installed along the front of the property. The proposed project will include approximately 2,970 linear feet of 18-inch diameter at 0.12% slope and 4,492 linear feet of 24-inch diameter at 0.08% slope gravity sanitary sewer and 5 feet diameter manholes at required depths to be built at master plan depths (Adopted City of Corpus Christi Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5). The proposed gravity sanitary sewer will start with an upstream point fronting the property and will extend from that point east where it will tie into an existing manhole. Along with the sanitary sewer line, a water line needs to be installed to serve the proposed development. The proposed project would include approximately 4,150 linear feet of 12-inch waterline. It shall tie into the existing 12-inch water line with a tap and saddle along County Road 37 and tie into an existing blowoff valve on the existing 42" CSCP waterline along County Road 35. It will cross under the existing pavement by boring enclosed in a 24-inch steel casing and tie into the existing blowoff valve on the 42-inch CSCP waterline located in County Road 35. The water line design will follow criteria established by City of Corpus Christi standards. Material for the water line will be PVC (Class 150 and DR 18) and the pipe shall meet the requirements of AWWA-C900. Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. See Exhibit E for overall Water& Sanitary Sewer Layout. Urban Engineering I DCCM Design Memorandum Page 12 SECTION I - Introduction A. Purpose The purpose of this project is to construct sanitary sewer and water infrastructure improvements to serve a proposed development. The proposed sanitary sewer infrastructure includes gravity sanitary sewer line. There is a proposed development for a tract of land, project name Saratoga Ridge Subdivision along Saratoga Boulevard. Saratoga Boulevard adjacent to the proposed development is a TXDOT right of way 120 feet wide. Currently there are no gravity sanitary sewer lines in this area. There is an existing 6-inch sanitary sewer force mains and 54 inch water line lines on the north side of Saratoga Boulevard Island and an existing gas line to the south. There currently is an adopted Sanitary Sewer collection plan for this area (City of Corpus Christi Sanitary Sewer Collection Master Plan, Greenwood WWTP Service Area, Area 5). As part of the master plan there is a proposed gravity line. As part of the proposed improvements, a segment of the permanent gravity sanitary sewer will be constructed. The upstream end manholes will be approximately 3,200 feet southeast from Old Brownsville Road. The downstream end of the proposed segment will tie into an existing manhole which will eventually flow to the existing Greenwood Sanitary Sewer treatment plant. See exhibit E for overall water& sanitary sewer layout. The proposed improvements as part of this project will provide sanitary sewer service to not only the proposed Saratoga Ridge Subdivision development but also the future developments to the south of Saratoga Boulevard (see attached Exhibit B for service area boundary map). There currently is a Water Master Plan for this area (1997 B&V Master Water Plan). Please see exhibit D for the Water Master Plan). This plan shows the 54-inch water line (transmission mains) which exists but does not show a distribution water main. To serve the proposed development we have proposed 12-inch water line which shall tie into the existing 12-inch water line with a tap and saddle along County Road 37 and tie into an existing blowoff valve on the existing 42" CSCP waterline along County Road 35. It will cross under the existing pavement by boring enclosed in a 24-inch steel casing and tie into the existing blowoff valve on the 42-inch CSCP waterline located in County Road 35. Fire Hydrants will be installed on the proposed 12-inch waterline every 300 feet. See attached Exhibit E for the proposed Overall Water & Sanitary Sewer Layout Exhibit for details. Urban Engineering I DCCM Design Memorandum Page 13 SECTION II — Proposed Improvements A. Gravity Sanitary Sewer 1. 18-inch and 24-inch diameter PVC pipes to be installed at master plan depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500 feet apart per TCEQ Chapter 217 requirements. All the manholes 15 feet and deeper and pipe sizes greater than 18-inch to and from the manhole will be 5 feet in diameter. Manholes will be fiberglass with wall thickness and construction to conform to City of Corpus Wastewater Standard Details and Specifications. B. Water 1. 12-inch diameter PVC All proposed PVC water lines will be installed according to City of Corpus Christi Water Standard depths. 2. Fittings Fittings shall be either cast iron or ductile iron and shall conform to A.N.S.I. A21.10 and A.W.W.A. C-110 and C-153, Latest Edition. Urban Engineering I DCCM Design Memorandum Page 14 SECTION III - Gravity Sanitary Sewer and Waterline Alignment A topographic survey will be conducted to identify existing conditions, utilities, and other possible obstructions. Gravity Sanitary Sewer A. Locations and Alignment for Proposed Sewer Lines The proposed gravity sanitary sewer will start at an upstream point approximately 3,200 feet southeast of Old Brownsville Road and will extend from that point east where it will tie into an existing manhole. This line will be installed inside the right of way on the north side of Saratoga Boulevard and will be 5 feet offset from it. The proposed gravity sewer line will be located approximately 8 feet from the existing 6-inch sanitary sewer force main and approximately 17 feet from the existing 54-inch water mains. The alignment for the proposed gravity line will turn 90 degrees at the intersection of Calle Cuernavaca and Saratoga Boulevard where a new 5 feet diameter manhole will be installed. It will cross under the existing pavement by boring and tie into an existing manhole. See exhibit E for overall water & sanitary sewer layout. B. Crossings The future sanitary sewer gravity main will cross the following: 1. Utilities a. Gas Utility: A preliminary investigation indicates that there will be a crossing of an existing City gas line. We do not anticipate the following crossings: a. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed gravity main. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Water: A preliminary investigation indicates that there will not be any crossing of existing water lines. e. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will not be any crossing of existing sewer lines. f. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there will not be any crossing of existing petroleum or petrochemical lines. Urban Engineering I DCCM Design Memorandum Page 15 SECTION IV — Water Line Alignment A. Locations and Alignment for Proposed Water Lines The proposed 12-inch water line shall tie into the existing 12-inch water line with a tap and saddle along County Road 37 and tie into an existing blowoff valve on the existing 42" CSCP waterline along County Road 35. It will cross under the existing pavement by boring enclosed in a 24-inch steel casing and tie into the existing blowoff valve on the 42-inch CSCP waterline located in County Road 35. Fire Hydrants will be installed on the proposed 12-inch waterline every 300 feet. The water line extension between the two taps shall be installed in the 25 feet Utility Easement and be 23 feet offset from the existing 120 feet Right of Way. See exhibit E for overall water & sanitary sewer layout. B. Crossings We do not anticipate the following crossings: 1. Utilities a. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed water main. b. Gas Utility: It does not appear that there will be a crossing of an existing City gas line. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Water: A preliminary investigation indicates that there will not be any crossing of existing water lines. e. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will not be any crossing of existing sewer lines. f. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there will not be any crossing of existing petroleum or petrochemical lines. Urban Engineering I DCCM Design Memorandum Page 16 SECTION V — Design Flow for Sanitary Sewer and Water A. Design Flow for Sanitary Sewer 1. Service Area The proposed sanitary sewer system is designed to serve approximately 257 acres of land that includes low density single family residential homes. There will be approximately 965 lots for the entire proposed development. See Exhibit A (Tract 1) for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The flow for this area has already been calculated in the Greenwood Wastewater Treatment Plant Master Plan. The proposed development is in accordance with the Future Land Use Plan that the Master Plan used to calculate flows. Therefore, we propose to build the extension of the collection line per the master plan size and depth required. B. Design Flow for Water Line 1. Service Area The proposed waterline is designed to serve approximately 257 acres of land that includes low density single family residential homes. There will be approximately 965 lots for the entire proposed development. See Exhibit A (Tract 1) for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The updated design flow from the proposed development was calculated by the formula below. 0.6 GPM or 864 GPD of water demand per lot was assumed. The expected water demand is calculated as: Total No of lots x 864 GPD = 965 lots x 864 GPD= 833,760 GPD Therefore, the expected water demand for the proposed development is calculated to be 833,760 GPD Urban Engineering I DCCM Design Memorandum Page 17 SECTION VI — Work Plan A. Surveys and Plan Preparation 1. Datum: All work on this project (surveys, plans) will be on the Texas State Plane Coordinate System, NAD 83, South Zone (City Standard Datum). 2. Ground Surveys: Ground elevations and validation of general land features shall be made to determine trench depths, utility locations and other obstructions. Specific areas of concern such as major channels and street crossings will require more than the normal surveys to identify topographic variations and other sub-surface structures. 3. Drawings Drawings will be completed in accordance with the City of Corpus Christi's Standards, properly coordinated with the project specifications and other details and arranged in such a fashion as to allow the Contractor to accurately estimate the cost of the project and construct it. All drawings will be produced electronically using a computer aided drafting design (CADD) package. Horizontal and Vertical Scale: The scale recommended and utilized on this project shall be 1"= 40' horizontal, 1" = 4' vertical. All pipeline plans and profile sheets will be arranged as to read from left to right with the project beginning at the proposed lift station. Where possible, plan views will be oriented with the north to either the top or left of the sheet. Urban Engineering I DCCM Design Memorandum Page 18 SECTION VII — Construction Requirements A. Disposal Of Excess Site Excavation Material All excess excavation material shall be disposed of by the Contractor. Provisions shall be provided in the Contract Documents to direct the Contractor in proper disposal of contaminated soil. B. Restoration Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements shall be repaired. C. Storm Water Pollution Prevention Plan A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to minimize pollution entering the storm sewers along the project (including open drainage ditches). Specific emphasis shall be made near street intersections and large drainage facilities where access to and from the work area shall be critical. D. Erosion Control There are no specific areas where the gravity main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended beyond the City Standard Stormwater Pollution Prevention Plan. E. Traffic Control Plan A Traffic Control Plan will be provided in accordance with standard City specifications and latest edition of the Texas Uniform Manual on Traffic Control Devices. Urban Engineering I DCCM Design Memorandum Page 19 EXHIBIT B v 4 N i o 1 o 1 H GRAPHIC SCALE . m \\ ❑ LEGEND PRaP DWASTEWATERUNE I � ANALYSIS EXSTING WASTEWA TER LINE POINT — PROPOSEDFORCEIMIN EXISTINGFORCEMAIN DO m EXISTING WAS7EWA TER LINES I OUTSIDEOFAREAS E2 ,4` - AR&1 BOUNDARY \\//" O� / UFTSTA770NINTERNAL SOUNDAR SUBAREABOUNOARY GREENWOOD ADMCENTAREA BOUNDARY .. ��. � WW1P EXISRNOA/RPORTPROPER7YLAVE 1 �050 CREEK _ TRIRIITARY 10 Er'�SUBAREA GllLOUT 1tl ■ PROP0.SEDLIFTSTAT/OV ■ EXISTING LIFTSTATIOII / o n ■ EXISRNGLIFTSTArIONN Sarato Rid Sanitary Pro-Rate Anal Area Aa. OUlSI��AREAS 9a 9% Y Y%�% SP • PROPO.SEDMANHOLE Tract 1 257.69 X $' • EXISTING MANHOLE Tract 2 141.45 - • EXISMGM HOLE Total 399.14 OUTSIDE OFAREA5 �--,� ENGINEERING Overall Contributing Area 1138.90 - i Per ent Contribotio 35.05% / /' AOS�x� i.MD USE CHAPACTERISTMS WEREDETERNWED FROM THE i EXHIBITC r'�' J b NSfURDsERCE WM)NCNRO"A wENrwFLOWs 1 vo SEE EXHIBIT 6 FOR — - -- W ASSUMED TOW 100DAl/C4P/DAYASPER MEOW MC3174 - ---_r --------1- _ AREA 6 (a).DA T OMNRYAM, \ AL \ MASTER PLAN N S WTACESIZESANOSLOPES MEET rCEO RULESASESTABLASHEOIN i 30TAC311,EFFECTNEJANUARY6.ZCtl.S. \ 4 TH£PE-MSFACTORWASGLCULA)£DUSINCTHEHARQLDE \ � — ��STFN�SWHICHHAS BEENWIOELYUSED IN PREVIOUS \ 5 SDMEAUNfKKESARENOrSAV-FORD.R 6 THE SERNCEARE9 WAS ASSUMED TO BE FULLY oMLOPED >ALL OF THE&MnON CON"S WEREDER—FROM THE \ \ F USGS 75MIWU SERIES TOPDGRAPHIC MAPS PLED MR \\ I + \ ¢t ISLANOSWaUA0.PANGL,I WANOCRANEISIANDNW,ISBB Wff NTPOZVLE THE UPSTREAM END OF&L IATERALSWLLHAIEAMINIMUMDEPTHOF4=.. m - S TNECORPI/SCHRISTIWMRN4MLNALAIRPo rMA RPLAN WASADDPTEDiHRDUGH ORDINA W. \`------------- 02s7aMDIDENTIFIEOTHEPROGERTYINCLUDEON'THEFUNRE J. A—TIXPANSIDN 1 I EXISTING — — / / 0 AIRPORT I I 1 a 0 \\ PROPERTY: I / \ o o �� o ,❑ 0 I 01 pQ, �� rl � s \ ❑ ❑ Full 1 i era v \ ea 1 \ 3 a \ F / o f lj I S2R't;,,Q LEGEND �` PRDPoSEDWASTEWATERLINE IX/STINGWA6n WATERLINE d PROPOSED FDRCEMNN / ❑ �� `... IXISibYG FORCEMAIN UISWWM�AEGREE O' DUTSIDEDFAR£ASIERLINES iR inHVK tO AREA BWNWRY G\ \\IBB — — UI STAr ViN RNALBOUNDARY SUBAR6IBOUND9RY ADIACENTAR&BOUNDARY j \ ,/\ - - t;� /�� IXISiINGAIRPORTPROPERTYUNE � \� �� ■ rRorosEDLvrsrAr%N IXISTINGUFTSTAn \ ■ IXIsnNG L#7$rAnM OUTSIDEOFAREAS j \\ 1 / • PRWGs MANHOLE I • UISTINDMANHIXE �I NAL �DED p1 � 1 o�LNV ENGINEERINGIo — engineers&consultants mi iv.clo"s�1°aml�l ear CITY OFF CORPUS CHRISTY WASTEWATER COLLECTION TEXAS SYSTEM MASTER PLAN G o WASTEWATER;jj DEPARTMENT �j GREENWOOD WWTP SERVICE AREA Department of Engineering Services AREA 5 EXHIBIT 5A OCTOBER 26, 2006 EXHIBIT 4 PROJECT: SARATOGA RIDGE SUBDIVISION DATE: March 27,2024 Engineer: D.SCOTT JONES,P.E. JOB NO: 13275 ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE TOTAL AMOUNT QUANTITY A.SANITARY SEWER IMPROVEMENTS: Al Clearing LS 1 $25,000 $25,000 A2 18"PVC SDR-26(14'-18'Cut) LF 2,400 $365 $876,000 A3 24"PVC SDR-26(14'-20'Cut) LF 2,130 $420 $894,600 A4 36"Bore,Steel Pipe(Casing Only) LF 130 $1,200 $156,000 A5 5'Diameter Manhole EA 1 10 $30,000 $300,000 A6 Tie to Ex. Manhole EA 1 $15,000 $15,000 A7 18"Cap EA 1 $2,000 $2,000 A8 OSHA Trench Protection LF 4,660 $5 $23,300 A9 Embedment LF 4,660 $6 $27,960 A10 Entry Bore Pit LS 1 $20,000 $20,000 All Exit Bore Pit LS 1 $5,000 $5,000 Al2 Utility Adjustment Allowance LS 1 $50,000 $50,000 A13 Temporary Construction Easement Acquisition For Bores LS 1 $10,000 $10,000 A14 Traffic Control LS 1 $150,000 $150,000 A15 Well Pointing LF 4,660 $95 $442,700 A16 Mobilization(5%) LS 1 $150,000 $150,000 A17 Insurance Bonding(2%) LS 1 $60,000 $60,000 SUBTOTAL PART A:SANITARY SEWER IMPROVEMENTS $3,207,560 OPCC Summary SUBTOTAL PART A:SANITARY SEWER IMPROVEMENTS $3,207,560 SUBTOTAL PART B:CONTINGENCY @15% $481,134 SUBTOTAL PART C:TOTAL CONSTRUCTION COST $3,688,694 SUBTOTAL PART D:SOFT COST @12% (ENGINEERING,TESTING&SURVEYING) $442,643 TOTAL COST FOR SANITARY SEWER IMPROVEMENTS $4,131,000 PRELIMINARY NOT FOR CONSTRUCTION FOR INFORMATION PURPOSES ONLY D.SCOTT JONES,P.E.81986 March 27 2024 PG1of1 EXHIBIT 5 Exhibit 5 ' DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi 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 with "NA". NAME: Saratoga 400 Partners, LLC STREET: 5337 Yorktown Boulevard, Suite 10D CITY: Corpus Christi, Texas ZIP: 78413 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑■ Other limited liability company 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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. President of Braselton Management Company.LLC, Fred Braselton general partner of Braselton Development Company,Ltd., Certifying Person. Title. member of Saratoga 400 Partners,LLC (Print) Signature of Certifying Person: &IADate: l s Z-3 11 Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi 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 with "NA". NAME: Braselton Development Company, Ltd. STREET: 5337 Yorktown Boulevard, Suite 10D CITY: Corpus Christi, Texas ZIP: 78413 FIRM is: ❑ Corporation ❑■ Partnership ❑ Sole Owner ❑ Association ❑ Other 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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. Fred Braselton President of Braselton Management Company,LLC. Certifying Person: Title:general partner of Braselton Development Company,Ltd. (Print) Signature of Certifying Person: Date: Z Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 ' DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@ccfexas.com City of Corpus Christi 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 with "NA". NAME: Braselton Management Company, LLC STREET: 5337 Yorktown Boulevard, Suite 10D CITY: Corpus Christi, Texas ZIP: 78413 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑ Association ■❑ Other general partner 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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: Fred Braselton Title: President (Print) Signature of Certifying Person: Date: 2, Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 kb ' DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.corn City of Corpus Christi 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 with "NA". NAME: MVR Construction Company STREET: 6534 Marblewing CITY: Corpus Christi, Texas ZIP: 78414 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑■ Other limited liability company 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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: Vahid Rezaei - Nazari Title: Director (Print) Signature of Certifying Person: Date: Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi 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 with "NA". NAME: Saratoga 400 Partners, LLC STREET: 5337 Yorktown Boulevard, Suite 10D CITY: Corpus Christi, Texas Zip: 78414 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑ Association 0 Other limited liability company 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) N/A 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 N/A 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 N/A 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 N/A CERTIFICATE (To Be Notarized) 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. Vahid Rezaei - Nazari Director of MVR Construction Company, Certifying Person: Title: member of Saratoga 400 Partners, LLC (Print) Signature of Certifying Person: Date: Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 Wastewater Collection Line Extension Construction Reimbursement Agreement Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement agreement up to $4,131 ,000.00 with Saratoga 400 Partners, LLC to construct a wastewater trunk line related to the Saratoga Ridge subdivision located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $4,131 ,000.00 to reimburse the developer in accordance with the agreement. (District 3) City Council July 16, 2024 Location Map N aTmr £i �r Location Map �l Saratoga Ridge Subdivision � P.p--d wa�e,�e.Imp-'. wa awE«aem �W N' r, Total Reimbursement Estimate A.SANITARY SEWER IMPROVEMENTS: Al Clearing LS 1 $25 000 25,000 A2 18"PVC SDR 26 14' 18'Cut LF 2,400 365 $$ 76,000 A3 24"PVC SDR 26�14' 20'Cutl LF 2,130 420 5894,600 A4 36"Bore,Steel Pipe(Casing Only) LF 130 J200 156'000 A5 5'Diameter Manhole EA 10 ,000 3300,000 A6 Tie to Ex.Manhole EA 1 515,000 515,000 A7 18"Cap EA 1 2,000 2,000 A8 OSHA Trench Protection LF 4,660 $5 $23,300 A9 Embedment LF 4,660 $6 $27,960 A10 Entry Bore Pit LS 1 $20,000 $20,000 All Exit Bore Pit LS 1 $5,000 $5 000 Al2 Utility Adjustment Allowance LS 1 $50,000 $56,000 A13 Temporary Construction Easement Acquisition For Bores LS 1 10,000 $10,000 A14 Traffic Control LS 1 $150,000 $$150,000 A15 Well Pointing LF 4,660 $95 5442,700 A16 Mobilization(5%) LS 1 $150,000 55150,000 A17 Insurance Bonding(2%) LS 1 $60,000 $60,000 SUBTOTAL PART A:SANITARY SEWER IMPROVEMENTS $3,207,560 OPCC Summary SUBTOTAL PART A:SANITARY SEWER IMPROVEMENTS $3 207,560 SUBTOTAL PART B:CONTINGENCY @15% �481,134 SUBTOTAL PART C:TOTAL CONSTRUCTION COST $3,688,694 SUBTOTAL PART D:SOFT COST @12%(ENGINEERING,TESTING&SURVEYING) $442,643 TOTAL COST FOR SANITARY SEWER $4,131,000 IMPROVEMENTS Trust Fund Balance as of June 30, 2024 Available Combined Trust balance as of 06/30/2024 as reported by Finance is: -$2,408,565.63 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 -$1,6635980.82 $145186.75 -$15080,974.30 $3225202.74 Upon approval the Trust Funds will be: -$9,417,502.79 (Which includes an anticipated approval on reimbursement agreements for Haven Subdivision and Saratoga Ridge(Water) Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. I cnLLE SAN CnrtLos � Future ••. Ridcie Subdivision G4LLE SAN LU�AS C,4LLE SAN MIGUEL CALI.E SAN MARCDS a Le � Z M W c'�• --- CR 26A ,,� i i r 500 1,000 2,000 Feel 1 Location Map Saratoga Proposed Wastewater 1ANFRAFEAFAFAMP � m i� Project L• • 1 SC �o o� � AGENDA MEMORANDUM N-ORPOftAY E Public Hearing and First Reading for the City Council Meeting of July 16,2024 is 52 Second Reading for the City Council Meeting of July 23,2024 DATE: June 21 , 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 2130 Rand Morgan Road LLC CAPTION: Zoning Case No. ZN8208, 2130 Rand Morgan Road LLC (District 1). Ordinance rezoning a property at or near 2130 Rand Morgan Road from the "RS-6" Single-Family District to the "R-MH" Manufactured Home District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This item is to rezone the subject property in order to allow the expansion of the existing non-compliant Tuloso Mobile Home Community manufactured home park. BACKGROUND AND FINDINGS: The subject property is a 7.76-acre-tract with a non-compliant manufactured home park use, which also includes (2) detached single-family structures, that do not conform to the Unified Development Code development standards. The Tuloso Mobile Home Community, within the Northwest area, north of the Corpus Christi International Airport, along Rand Morgan Road, an "A2" class arterial road, west of North Clarkwood Road, and south of Leopard Street, has been in existence since 1972. The parcel was zoned "RS-6" Single-Family District by annexation. The immediate properties to the north of the subject parcel are zoned "RS-6" Single- Family District and "CG-2" General Commercial District (of a modest size), with a vacant parcel, and with low-density residential uses, respectively. The properties to the south, out of the Royal Oak Unit 3 subdivision, are zoned "RS-4.5/PUD" Single-Family with a Planned Unit Development overlay, with low-density residential uses. The property to the east is zoned "RS-6" Single-Family District and is vacant. To the west of Rand Morgan Road and the site, is the Royal Oak Unit 1 subdivision zoned "RS-4.5" Single- Family developed with low-density residential uses. The neighborhood is primarily of single-family and agricultural uses that have persisted since the 1960s; and the vicinity of the site is particularly characterized largely by a haphazard mixture of non-compliant and incompatible uses, along the east side of Rand Morgan Road, and along its west side, medium-density residential subdivisions that were part of several land use amendments from the "RS-6" Single-Family District of origin to the "RS-4.5" Single-Family District. The applicant is requesting a change in zoning to expand the existing non-compliant manufactured home park use, that may have existed prior to the 1962 annexation of the area, from 60 structures to a total of 78 homes. The (2) existing single-family structures on the parcel will serve as spaces for the management of the property and amenities for the residents. The "R-MH" Manufactured Home District preserves appropriate land for the development for single-family residences utilizing manufactured home parks and subdivisions; restricted to the "R-MH" district. The proposed rezoning is consistent with many elements and goals of Plan CC and the FLUM designation of Medium-Density Residential. Public Input Process Forty-three (43) notices were mailed within the 200-foot notification area, and 5 outside the notification area. As of July 12, 2024. In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family District to the "R-MH" Manufactured Home District on May 15, 2024. Vote Results For: 7 Against: 0 Absent: 2 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8208, 2130 Rand Morgan Road LLC (District 1). Ordinance rezoning a property at or near 2130 Rand Morgan Road from the "RS-6" Single-Family District to the "R-MH" Manufactured Home District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). 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, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being Tract 10 of Hutchins Tracts, as shown in Exhibit "A", from: the "RS-6" Single-Family District to the "R-MH" Manufactured Home District. The subject property is located at or near 2130 Rand Morgan 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 conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 Exhibit A — -- IL CG-2 RS-6 CG-2 PANI AK DR Cc-2 Rj6 S;U,BJEClr� T YAL AK DR PROPERTiY 0 z E7m MR JAKR 0 z RS-4. 5 RS-6 R S•--4-5 CN- 1 SUBJECT PROPERTY$W�H8ZONING ' L Subject Property A-1 Aparhnenl House D—t i.l L--i�d�smar Dl— A-tA AparNrent Horse Distrct F2 Light In�striaf Drsmct A-2 Appnmem H—Ds— ti3 HeaMY Pn—W DI.Y AB Prvfies—.1 Ofice D. P D U."oevebpmenl - q AT Apamnenl.Tounst Dstr¢t R-IA Qm Farrnty Drelmng 0rsmct a R-1 NeaBhba —R.—,Dabc1 R-IR die F=I,D-elPng 07": B-IA NeighborP Drrsmess Di— R-IC One F-4 D.-W D.. B-2 B yhunl Bu s Di— R-2 Muhgie Dwel egg Drsdic! -- B-2A Banier I9anE B sines Disfitl M Dne Fatuity Drel4rg DiAnc[ Rs R D.::,, RR R.e9ah lw F�,re Dismn SUBJECT BA re i 6 Dvmir3 R-TH T twrs D—kr,0— PROPERTY S-2 Pnmary Rus,Deal SF Speci,il Permit B a Primary Business C—D'.r t T-1 A Tn T.,k,Park Di— BD Corpus Chrisv Beams Deign D- T-1B ManufxYueed Hame P.A[hstricl City of - F-R F. R.uralDA— T-u M>u,ur—dH.—Subdiwsi- Cc�rpuc �;;.- Esri,HERELOCATION MAP HC HSbnneFCUEAr L,—h District ClTltitl — Preservation Page 3 of 3 ZONING REPORT Case # ZN8208 Applicant & Subject Property District: 1 Owner: 2130 Rand Morgan Road LLC Applicant: 2130 Rand Morgan Road LLC Address: 2130 Rand Morgan Road, located along the east side of Rand Morgan Road, south of Leopard Street, east of McKinzie Road, and west of North Clarkwood Road. Legal Description: Tract 10 of Hutchins Tracts Acreage of Subject Property: 7.76 acres Pre-Submission Meeting: August 23, 2024 Zoning Request From: "RS-6" Single-Family District To: "R-MH" Manufactured Home District Purpose of Request: To allow the expansion of the existing non-compliant Tuloso Mobile Home Community manufactured home park. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family Manufactured Home Medium-Density Residential North "RS-6" Single-Family, Low-Density Residential, Medium-Density Residential "CG-2" General Commercial Vacant "RS-4.5/PUD" Single-Family South 4.5 with a Planned Unit Low-Density Residential, Medium-Density Residential Development Overlay Vacant East "RS-6" Single-Family Vacant Medium-Density Residential Transportation (Rand West "RS-4.5" Single-Family Morgan Road), Medium-Density Residential Low-Density Residential, Vacant Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County, Texas) Volume 34, Page 113. A rezoning must precede a building permit. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Rand Morgan Street Road "A2" Secondary 4 Lanes, 2 Lanes, Arterial, Divided 100 feet Varies, (Including a median) 100 Feet (at site) Transit: The Corpus Christi RTA provides service to the subject property via 27 Leopard, eastbound and northbound, at Leopard Street and Rand Morgan Road. Bicycle Mobility Plan: The subject property is approximately a mile away from a proposed off-road multi-use trail and bike boulevard northwest of Leopard Street and Rand Morgan Road. Utilities Gas: A 2-inch PE gas line exists along the northern boundary of the subject property. Stormwater: A storm ditch exists along the property's frontage. Wastewater: An 3-inch PVC force main exists at Rand Morgan Road. Water: A 6-inch PVC line exists along the east side of Rand Morgan Road, and a 16-inch along the west side of Rand Morgan Road. Corpus Christi Comprehensive Plan (Plan CC) 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 Northwest Area Development Plan (Adopted on January 9, 2001). Water Master Plan: No improvements has been proposed. Stormwater Master Plan: No improvements has been proposed. Roadway Master Plan: No improvements has been proposed. Public Notification Number of Notices Mailed 43 within a 200-foot notification area 5 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0 % in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: May 15, 2024 City Council 1st Reading/Public Hearing Date: July 23, 2024 City Council 2►,d Reading Date: July 30, 2024 Background: The subject property is a 7.76-acre-tract with a non-compliant manufactured home park use, which also includes (2) detached single-family structures, that do not conform to the Unified Development Code development standards. The Tuloso Mobile Home Community, within the Northwest area, north of the Corpus Christi International Airport, along Rand Morgan Road, an "A2" class arterial road, west of North Clarkwood Road, and south of Leopard Street, has been in existence since 1972. The parcel was zoned "RS-6" Single-Family District by annexation. The immediate properties to the north of the subject parcel are zoned "RS-6" Single-Family District and "CG-2" General Commercial District (of a modest size), with a vacant parcel, and with low-density residential uses, respectively. The properties to the south, out of the Royal Oak Unit 3 subdivision, are zoned "RS-4.5/PUD" Single-Family with a Planned Unit Development overlay, with low-density residential uses. The property to the east is zoned "RS- 6" Single-Family District and is vacant. To the west of Rand Morgan Road and the site, is the Royal Oak Unit 1 subdivision zoned "RS-4.5" Single-Family developed with low-density residential uses. The neighborhood is primarily of single-family and agricultural uses that have persisted since the 1960s; and the vicinity of the site is particularly characterized largely by a haphazard mixture of non-compliant and incompatible uses, along the east side of Rand Morgan Road, and along its west side, medium-density residential subdivisions that were part of several land use amendments from the "RS-6" Single-Family District of origin to the "RS-4.5" Single-Family District. The applicant is requesting a change in zoning to expand the existing non-compliant manufactured home park use, that may have existed prior to the 1962 annexation of the area, from 60 structures to a total of 78 homes. The (2) existing single-family structures on the parcel will serve as spaces for the management of the property and amenities for the residents. The "R-MH" Manufactured Home District preserves appropriate land for the development for single-family residences utilizing manufactured home parks and subdivisions; restricted to the "R-MH" district. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o Quality Housing meets the diverse needs of households at all income levels and all stages of the life cycle. • Future Land Use, Zoning, and Urban Design: o Corpus Christi Development patterns support efficient and cost effective use of resources and quality of life. o Encourage the protection and enhancement of residential neighborhoods. o Encourage orderly growth of residential, commercial, and industrial areas. o Promote a balanced mix of land uses based on compatibility, locational needs, and characteristics of each use. o Corpus Christi has well designed neighborhoods and built environments. o Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Northwest ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the future land use designation of Medium-Density Residential, and broadly with policy initiatives of the Northwest ADP. 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: • The proposed rezoning is consistent with many elements and goals of Plan CC and the FLUM designation of Medium-Density Residential. • The expansion of the long-standing Tuloso Mobile Home Community manufactured home park requires conformance with the Unified Development Code. Although the site meets the development standards under the "vacant site" scenario, a discretionary assessment of the current conditions on-site was conducted; which revealed several non-conformities and sub-standard infrastructure for water, wastewater, stormwater, and roadway. o The existing development does not meet the minimum 300-foot site width requirement along Rand Morgan Road; shifting the building line 185 feet from the property line along Rand Morgan Road, where the site measures approximately 610 feet in width. The assessment also found non-conforming structures due to encroachment unto site required yards (street, side, and rear), building separation requirements (narrow side to narrow side), structures placed unto utility easements and lines, non-conforming, and substandard internal access drives, and sub-standard service capacity for water, fire hydrant spacing, and stormwater to be upgraded as required. • In determining an appropriate recommendation, staff determined that requiring the applicant to adhere to the standards of the Unified Development Code would aggrieve the owners and residents of the park and create unnecessary hardship, and in allowing the use to carry and expand, the park would continue to supply housing that can meet the diverse needs of the community at all income levels and all stages of the cycle of life. Neither a special permit nor planned unit development overlay, as defined by the UDC, was found to be appropriate; however future expansion is to conform to the development standards established for the "R-MH" Manufactured Home District, as well as building code and the City's infrastructure design standards. o The "R-MH" District, for manufactured home park, requires a minimum 5-acre site area, 300-foot site width, no minimum lot area, or lot width, a 20-foot front yard setback, 15-foot street corner yard setback, 20-foot total side yards with one at least 10 feet wide, 15-foot rear yard, 20-foot building separation from broad side to broad side, 10-foot separation distance from narrow side to narrow side, 5-foot separation from building to access drive, 280 square-foot open space, a maximum density of 12 units per acre, and a maximum building height of 35 feet. • As for compatibility with the surrounding uses and general character of the area, the subject parcel abuts a development of similar density, and negative impact upon the surrounding neighborhood is not anticipated since the use has been in existence since 1972. Planning Commission and Staff Recommendation (May 15, 2024): 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, Planning Commission and Staff recommend approval of the change of zoning from the "RS-6" Single-Family District to the R-MH" Manufactured Home District. Attachment(s): (A) Existing Zoning and Notice Area Map. (A) Existing Zoning and Notice Area map. r /L CG- 2 RS- 6 CG-2 6 PANI H- .. K DR S 7 .. CG- 2 17 8 1 � RS 6 11 10 SUBJECT YAL AK DR PRQPER,T�Y 19 R_5-`4-5 3 1 13 1 9 1 � 14 0 elf 4 z EN LI H AK_DR —�� 40 0 32 31 30 29 28 12625 z 41 2 ,._5 RS- 6 42 43 33 34135 36 37 38.39 R S--4-5 CN- 1 CASE: ZN8208 W k Zoning and notice Area �A$h 5 RM-1 Multifamily 1 IL Light Industrial 4grc RM-2 Multifamily 2 IH Heavy Industrial RM-3 Mu fit 3 PUD Planned Unit De,Overlay ON Professional Oftice RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CNA Neighborhood Conn—i-I R54.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Resid-11.1 Estate CG-1 General Commercial a RS-TH Townhouse a CG-2 General Commercial SP Spec e a - Cl Intensive Commercial ial Permit e CBD Downtown Commercial RV Recreational Vehicle Park Ji '-rfa,.w RMH Manufactured Home •. . CR-3 Resort Commercial - FIR Farm Rural " H Historic0—hy -SUBJECT BP Business Park PROPERTY 0 Subject Progeny O or,-n rs with 200'bff.r in favor `�-^tea' 4 ownerswdhi 200'1,s1edm yl owner; Cityof Esri,HERE attached or,.—hfg fable noPp.aj- Corpus LOCATION MAP Christi Zoning Case ZN8208 r - I 2130 Rand Morgan Road LLC District 1 $; r Rezoning for a property at or near r 2130 Rand Morgan Road °R From the "RS-6" Single-Family District ♦}Y To the "R-MH" Manufactured Home f rs SUBJECT • r PROPERTY- we R}A_.�AK.DR. -- EN L H A DR rag � CJ •Sf/BJECT � •� W PROPERTY CorYp�s [s`I'MERE LOCATION MAP Christi 1 City Council July 16, 2024 Zoning and Land Use IL cc S Proposed Use: RS-s To expand an existing non-compliant manufactured home cc 05-10-1993 park use. ADP (Area Development Plan): Cc 2 Northwest, (Adopted on January 9,2001) 06-19-2017 FLUM(Future Land Use Map): /j Medium-Density Residential R -4. SUBJECT � ax°a PROPERTY Existing Zoning District: "RS-6" Single-Family District 02-19-2001 Adjacent Land Uses: E "-AKOR North: Low-Density Residential,Vacant; Zoned RS-6 & CG-2 � S•4.5 RS-6 South: Low-Density Residential,Vacant; 10-10-2022 N Zoned: RS-4.5/PUD R --4--5 cN-1 t East: Vacant; Zoned: RS-6 West: Transportation, Low-Density Residential, Vacant; Zoned: RS-4.5 Public Notification 43 Notices mailed inside the 200' buffer ,L CG 2 5 Notices mailed outside the 200' buffer RS-6 CG-2 6 7 Notification Area 6 CG-2 17 g 1 10 SUBJECT Opposed: 0 (0.00%) ROR PROPERTY Separate Opposed Owners: (0) jI 4-5 ' 3 Z 13 X 9 14 4 DR In Favor: 0 (0.00%) 41 32 31 30 29 28 27 26 2 41 RS-6 42 43 33 34 35 36 3 N R S-4-5 *Notified property owner's land in SQF/Total SQF of all properties in C"-' the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • The proposed rezoning is consistent with many elements and goals of Plan CC and the FLUM designation of Medium-Density Residential. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The amendment, as proposed, will not have any negative impact upon the surrounding properties and neighborhood. It is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • Staff granted an administrative adjustment to existing non-conformities, as addressing them would create unnecessary hardship. This development will preserve the housing supply and augment it. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "R-MH" MANUFACTURED HOME DISTRICT Lu r _ CASE:ZN8208 2 L SC �o o� � AGENDA MEMORANDUM N-ORPOftAY E Public Hearing and First Reading for the City Council Meeting of July 16, 2024 is 52 Second Reading for the City Council Meeting of July 23,2024 DATE: June 21 , 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 7317 South Padre Island Drive (State Highway 358) CAPTION: Zoning Case No. ZN8261, Margo Lyn Moore (District 4). Ordinance rezoning a property at or near 7317 South Padre Island Drive (State Highway 358) from the "RS-6" Single- Family District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This item is to rezone the property to allow a commercial development; which is to include indoor recreation, retail sales and services, and restaurant uses. BACKGROUND AND FINDINGS: The subject 25.93-acre, vacant and undeveloped, "RS-6" Single-Family zoned tract is located in the Southside area with frontages along the south side of South Padre Island Drive (SH-358 Freeway) access road, and along the east side Rodd Field Road, an "A3" class arterial road, with a drainage ditch along its southern boundary. The parcel abuts another property similar in size that has also remained undeveloped since the 1962 annexation of the area between the Oso Bay, Nueces River, Saratoga Boulevard, and South Padre Island Drive. The properties to the north are zoned "CG-2" General Commercial District, with transportation (South Padre Island Drive and Rodd Field Road), commercial, and professional office uses, and a vacant parcel. To the south are properties zoned "RS-6" Single-Family District, with a drainage corridor, and commercial, and low-density residential uses. To the east, properties are zoned "RS-6" Single-Family with agricultural uses, and to the west, properties are zoned "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit, and "CN-1" Neighborhood Commercial District, with transportation (Rodd Field Road), professional office and public/semi-public uses, with a vacant parcel. The applicant is requesting to amend the current zoning district to allow for an infill commercial development with mixed uses; specifically with indoor recreation, retail sales and services, and restaurant uses. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales, and services, vehicle sales and services, and water- oriented uses. The proposed rezoning is consistent with many elements, goals, and strategies for decision makers of the City's Comprehensive Plan, and the future land use designation of commercial. Public Input Process Thirty-two (32) notices were mailed within the 200-foot notification area, and 0 outside the notification area. As of July 12, 2024: In Favor In Opposition 1 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family District to the "CG-2" General Commercial District on May 15, 2024. Vote Results For: 7 Against: 0 Absent: 2 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8261, Margo Lyn Moore (District 4). Ordinance rezoning a property at or near 7317 South Padre Island Drive (State Highway 358) from the "RS-6" Single-Family District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). 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, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being 25.93 Acres out of Lots 15 & 16, Section 28, Flour Bluff & Encinal Farm Garden Tract, as described and shown in Exhibit A and Exhibit B, from: the "RS-6" Single-Family District to the "CG-2" General Commercial District. The subject property is located at or near 7317 South Padre Island Drive (State Highway 358). Exhibit A, a metes and bounds description with exhibit , and Exhibit B, a map, are 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 conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Exhibit A MT-T.EAr BA.ss,7x..P.F..R.P.L,S. 3054 S.A AhmDA zip 78404 NrxoN M.Wsysx,P.Fo,RTIL.S. 361-882-5521 Fax361-882-1265 wwwhass-welshxom e-mail:murraArgaoLcom e-mail:nixmwl(i gntailxom BASS R 4'4'ELSH ENGINEERI`G TX Registration No.F-52 Survey Registration No.100027.00 P.O.Box 6397 Corpus Christi.TX 73466-6397 March 27,2024 Field Note Description Proposed Re-zoning Being a tract situated in Corpus Christi,Nueces Coumty,Te-xas.over and across portions of Lots 1 and 16,Section 28 of the Flour Bluff and Encinal Farm and Garden Tracts as sho4I-n on the neap thereof,recorded in Volume A,Pages 41-43 in the Map Records of Nueces County,Texas,and being a portion of that tract described in the deers to Margo Lyn Moore,recorded on the clerk's file number 2009042344 Official Public Records of Nueces County,Texas; BEGINNVYG at a Sib inch iron rod found in the South right-of 4i-av line of South Padre Island Drive(State Highway 359)at the intersection with the East boundary of Lot 15,Flour Bluff and. Encinal Farm and Garden Tracts for the Eastmost corner of this tract; THENCE 528°36'35"W along the East boundary of said Lot 15,a distance of 1,148.74 feet to a 518 inch iron rod set for the Southmost corner of this tract,said point lviug in the North boundary of a 75 foot wide City of Carpus Christi drainage right-of-way described in the document recorded in Volnnle 1061,Page 109 of the Deed Records of Nueces County.Texas; THENCE N61°11'59"LTA'along the North boimdary of said drainage right-of-way,a distance of 1,181.74 feet to a Sf8 inch iron rod fouuud disturbed for the most Westerly corner of this tract,said paint lying in the East right-of way line of Rodd Field Road(State Highway 357); Page 1 of 3 THE NC F along the East right-of-way line of Rodd Field Road NO2°10'23"E a distance of 173.39 feet to a 5+ 8 inch iron rod found for an intermediate corner of this tract; THENCE continiting along the East right-of-way line of Rodd Field Road N28°40'27"E a distance of 5 15.15 feet to a 5/8 inch iron rod found for an intermediate corner of this tract,said point being at the Point of curvature of a cure to the right; THENCE along said curve to the right in a Northeasterly,directionwhose radius is 513.00 feet, a di:taace of 1'.40 feet to a?:'8 inch iron rod found for the pourt of tangency of said curve; THENCE Continuing along the East right-of-way line of Rodd Fielcl Road N31a08'28"E a distance of 25.27 feet to a 518 inch iron roll fowid for a Westerly;Northwest corner of this tract, said point also being the Southwest corner of Lot _'. Block 1, Roy Smith Plaza as shown on the map thereof recorded in Volume 60.Page 22 in the Map Records of Nueces Counh,,Texas, THENCE S63°58'38"E along the South boundary of Lot 2,Block 1,Roy Smith Plaza. a distance of 275.00 feet to a 518 inch iron rod found for an intermediate corner of this tract.said Point being the Southeast corner of Lot?.Block 1, Roy Smith Plaza and the Southwest corner of Lot 3,Block 1, Roy-Smith.Plaza as shown on the map thereof,recorded in Volume 69,Page 593 of the Map Records of Nueces County,Texas; THENCE S63057'38"E along the South bounciary of Lot 3,Block 1, Roy°Smith Plaza, a distance of 254.16 feet to a 5 8 inch iron rod found for an interior corner of this tract,said point being the Southeast corner of Lot 3,Block 1, Roy Smith Plaza; THENCE N26*02'22"E along the East boundary of Lot 3.Block 1. Roy Smith Plaza,a distance of 364.13 feet to a 5/8 inch iron rod found for the Northeast corner of Lot 3.Block 1, Ray Smith Plaza, said point 1{ring in the South right-of-way line of South Padre Island I3rive(State Highwav 358); Page 2 of 3 THENCE S67'5647E along South riot-of-way line of South Padre Island Drii-e, a distance of 225.99 feet to a 5;S inch iron rod found for an intermediate corner of this tract: THENCE continuing along the South right-of-way Line.of South Padre Island Drive S63'3 6'45"E a distance of 520.28 feet to the POINT OF BEGINNVNG, forming a tract embracing 27.58 acres(1,201,2 24 square feet). WFLRAY BASS,JR. .. .......... 2120 a 'a• Mi rav Bas Jr.,K.F.L.S. I Note: Basis of Bearing State of Texas,Lambert Grid,South Zone,NAD 1983. 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OFsaid Ci7ristl Presery— ZONING REPORT Case # ZN8261 Applicant & Subject Property District: 4 Owner: Margo Lyn Moore Applicant: The Clower Company Address: 7317 South Padre Island Drive, located along the east side of Rodd Field Road and the south side of South Padre Island Drive (State Highway 358), north of Holly Road, and west of Lexington Road. Legal Description: 25.93 Acres out of Lots 15 & 16, Section 28, Flour Bluff & Encinal Farm Garden Tract Acreage of Subject Property: 25.93 acre(s). See attachment (A) Metes and Bounds Description and Exhibit. Pre-Submission Meeting: March 25, 2024 Zoning Request From: "RS-6" Single-Family District To: "CG-2" General Commercial District Purpose of Request: To allow a commercial development; which is to include indoor recreation, retail sales and services, and restaurant uses. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family Vacant Commercial Transportation (SPID & Rodd Field Rd), Transportation North "CG-2" General Commercial Vacant, (SPID & Rodd Field Rd), Commercial, Commercial Professional Office "RS-6" Single-Family, Drainage Corridor, South "CN-1" Neighborhood Commercial, Drainage Corridor, Commercial Low-Density Residential Medium-Density Residential East "RS-6" Single-Family, Vacant, Commercial "CG-2" General Commercial Commercial "CG-2" General Commercial, Transportation Transportation (Rodd Field Road), (Rodd Field Road), West Professional Office, "CG-2" General Commercial Institutional, with a Special Permit, Public/Semi-Public, Commercial, "CN-1" Neighborhood Vacant Medim-Density Residential Commercial Plat Status: The subject property is not platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation South Padre Designation Section Proposed Section Existing Island Drive "F1„ 4-10 Lanes, 8 Lanes, (Access Rd) Freeway/Expressway Median Lane Width Varies, 400-Foot ROW 265-Foot ROW Designation Section Proposed Section Existing Rodd Field "AY 6 Lanes, 4 Lanes, Road Primary Arterial Median Lane, 2 Turning & 1 Center Lane, Undivided 130-Foot ROW 115-Foot ROW Transit: The Corpus Christi RTA provides service to the subject property via Route 29 Staples with stops at SPID and Rodd Field Road, and Rodd Field Road and Williams Drive. Bicycle Mobility Plan: The subject property is immediately adjacent to a proposed one-way cycle track on each side of William Drive, along the drainage ditch west of the subject parcel. Utilities Gas: None exists. Stormwater: An active 48-inch RCP (public) line exists along the east side of Rodd Field Road mid-block. Wastewater: An active 8-inch PVC (public main) line exists along the east side of Rodd Field Road, and an 18-inch (public distribution) line exists along South Padre Island Drive. Water: An active 20-inch DIP ( public transmission) line exists along the east side of Rodd Field Road and a 12-inch PVC (public distribution) line along the south side of South Padre Island Drive. Corpus Christi Comprehensive Plan (Plan CC) 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: No improvement have been proposed. Wastewater Master Plan: No improvement have been proposed. Stormwater Master Plan: No improvement have been proposed. Roadway Master Plan: A "CY class collector (Williams Drive) is proposed between Rodd Field Road and Paul Jones Drive. Public Notification Number of Notices Mailed 32 within a 200-foot notification area 0 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0%v in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: May 15, 2024 City Council 1st Reading/Public Hearing Date: July 16, 2024 City Council 2►,d Reading Date: July 23, 2024 Background: The subject 25.93-acre, vacant and undeveloped, "RS-6" Single-Family zoned tract is located in the Southside area with frontages along the south side of South Padre Island Drive (SH-358 Freeway) access road, and along the east side Rodd Field Road, an "A3" class arterial road, with a drainage ditch along its southern boundary. The parcel abuts another property similar in size that has also remained undeveloped since the 1962 annexation of the area between the Oso Bay, Nueces River, Saratoga Boulevard, and South Padre Island Drive. The properties to the north are zoned "CG-2" General Commercial District, with transportation (South Padre Island Drive and Rodd Field Road), commercial, and professional office uses, and a vacant parcel. To the south are properties zoned "RS-6" Single-Family District, with a drainage corridor, and commercial, and low-density residential uses. To the east, properties are zoned "RS-6" Single-Family with agricultural uses, and to the west, properties are zoned "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit, and "CN-1" Neighborhood Commercial District, with transportation (Rodd Field Road), professional office and public/semi-public uses, with a vacant parcel. The applicant is requesting to amend the current zoning district to allow for an infill commercial development with mixed uses; specifically with indoor recreation, retail sales and services, and restaurant uses. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales, and services, vehicle sales and services, and water-oriented uses. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: • Future Land Use, Zoning, and Urban Design o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land use based on compatibility, location needs, and characteristics of each use. o Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. ■ Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. Southside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Southside ADP and future land use designation of commercial use, and particularly the following policy initiatives of the ADP. • Ensure streets, sidewalks, and bike paths connect through and between neighborhoods and to destinations with improved sidewalk and pedestrian signage. • Encourage mixed-use development, where appropriate, to increase walkability and create community gathering places. 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: • The proposed rezoning is consistent with many elements, goals, and strategies for decision makers of the City's Comprehensive Plan, and the future land use designation of commercial. • The City's guiding documents, specifically the Southside Area Development Plan, would consider the applicant's proposal a mixed-use infill development, and that in proximity to several neighborhoods and planned mobility infrastructure, may contribute to the ideal of interconnected developments that may provide community gathering spaces and increase walkability. • The proposed is in agreement with the orderly growth goal of Plan CC and compatibility with surrounding uses and general character of the area. General commercial districts provide for all types of commercial and service activities, particularly along arterial streets. Retail development and other commercial uses, along the "CG-2" district, dominate the South Padre Island Drive frontage. While general commercial districts are typically designed to be assessed primarily by automobiles, the comprehensive plan also encourages interior circulation that encourages pedestrian access. The typical pattern along SPID shows general commercial districts with residential uses beyond. The residential uses to the south of the subject parcel are buffered by the drainage corridor. • The site is suitable for uses permitted by the zoning district to be applied upon approval of proposed amendment; however, an assessment and recommendation for infrastructure capacity will be made during the platting stage. Planning Commission and Staff Recommendation (May 15, 2024): 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, Planning Commission and staff recommend approval of the change of zoning from the "RS-6" Single-Family District to the "CG-2" General Commercial District. Attachment(s): (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit MURRAY Bass,7R.,P.E.,R.P.L,S. 3054 S.AI AMEIIA,Lip 78404 NixoNM.WErsn,P.B.,R.P.L.S. 361-882-5521--Fnx361-882-1265 w .hass-welsh_mm a-mail:murrayir(a^.aol.mm e-mail:nixmN%,1@gmaiLcom BASS&WELSH ENGINEERING TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 March 27,2024 Field Note Description Proposed Re-zoning Being a tract situated in Corpus Christi,Nueces County,Texas,over and across portions of Lots 15 and 16,Section 28 of the Flour Bluff and Encinal Farm and Garden Tracts as shown on the map thereof,recorded in Volume A,Pages 41-43 in the Map Records of Nueces County,Texas,and being a portion of that tract described in the deed to Margo Lyn Moore,recorded on the clerk's file number 2009042344 Official Public Records of Nueces County,Texas; BEGINNING at a 5/8 inch iron rod found in the South right-of-way line of South Padre Island Drive(State Highway 358)at the intersection with the East boundary of Lot 15,Flour Bluff and Encinal Farm and Carden Tracts for the Eastmost corner of this tract; THENCE S28°3635"W along the East boundary of said Lot 15,a distance of 1,148.54 feet to a 518 inch iron rod set for the Southmost corner of this tract,said point lying in the North boundary of a 75 foot wide City of Corpus Christi drainage right-of-way described in the document recorded in Volume 1061,Page 109 of the Deed Records of Nueces County,Texas; THENCE N61°11'59"W along the North boundary of said drainage right-of-way,a distance of 1,181.74 feet to a 518 inch iron rod found disturbed for the most Westerly corner of this tract,said point lying in the East right-of-way line of Rodd Field Road(State Highway 357); Page 1 of 3 THENCE along the East right-of-way line of Rodd Field Road NO2°10'23"E a distance of 173.39 feet to a 5/8 inch iron rod found for an intermediate corner of this tract; THENCE continuing along the East right-of-way fine of Rodd Field Road N28°40'27"E a distance of 515.15 feet to a 5/8 inch iron rod found for an intermediate corner of this tract,said point being at the point of curvature of a curve to the right; THENCE along said curve to the right in a Northeasterly direction whose radius is 513.00 feet,a distance of 12.40 feet to a 518 inch iron rod found for the point of tangency of said curve; THENCE Continuing along the East right-of-way line of Rodd Field Road N31°08'28"E a distance of 25.27 feet to a 5/8 inch iron rod found for a Westerly Northwest corner of this tract,said point also being the Southwest corner of Lot 2,Block 1,Roy Smith Plaza as shown on the map thereof recorded in Volume 60,Page 22 in the Map Records of Nucces County,Texas; THENCE S63°58'38"E along the South boundary of Lot 2,Block 1,Roy Smith Plaza,a distance of 275.00 feet to a 518 inch iron rod found for an intermediate corner of this tract,said point being the Southeast corner of Lot 2,Block 1,Roy Smith Plaza and the Southwest corner of Lot 3,Block 1, Roy Smith Plaza as shown on the map thereof,recorded in Volume 69,Page 593 of the Map Records of Nueces County,Texas;. THENCE S63°5738"E along the South boundary of Lot 3,Block 1,Roy Smith Plaza,a distance of 254.16 feet to a 519 inch iron rod found for an interior corner of this tract,said point being the Southeast corner of Lot 3,Block 1,Roy Smith Plaza; THENCE N26'02'22"E along the East boundary of Lot 3,Block 1,Roy Smith Plaza,a distance of 364.13 feet to a 518 inch iron rod found for the Northeast corner of Lot 3,Block 1,Roy Smith Plaza, said point lying in the South right-of-way line of South Padre Island Drive(State Highway 359); Page 2 of 3 THENCE S67056'47"E along South right-of-way line of South Padre Island Drive,a distance of 225.99 feet to a 518 inch iron rod found for an intermediate corner of this tract; THENCE continuing along the South right-of-way line of South Padre Island Drive S63°5645"E a distance of 520.28 feet to the POINT OF BEGINNING,forming a tract embracing 27.58 acres(1,201,224 square feet). ,.RE. MARAY 6i4 ,R. ..* 128 ' 0•'$ $� M ray Bass",Jr.,R.P.L.S. Note:Basis of Bearing State of Texas,Lambert Grid,South Zone,NAD 1983. MBJ:emg 20015-MargoMooreFieldDesc.doe Page 3 of 3 a.z a a •i L c i a x a s n d m o a BL 9 4L a}off'gy•}oug xf}9ei1 uep,wp+p waei leulav3 4 1MI9 -av•w mam a9-tmoo4.�xouwusiozm rxm wiuwla m L iaLw iwm nxu oxiaa3nmm+ Ij L I3 d V O 1 1 3 1 V -/+8S'LS V mo o uo io ue o oe� a�a .%� xa d0.:^ LOCP-MNL ka4:xpa'o•d �.e Noma WKL I99W91G]YN'tt NLnOp WA9 94p0E FOIL 9Of ONUMMNIONa HSIMM 9 SSV8 9NINOZ38 a3sodoad exx aw avow I �y III 1 r I o I II I`III YJ fiNg 1 � - i # O �4I II li�drylj i � •� I V II II! V I I • I I I I I I 3 I I IIE, 9� I I I�— I I III I I IL I II IId d�I I t 1 I V Ilk � VV s ,�„ 9:sax•azw ,4...e. Ij I 14 ig � �4 V j 1 93 I K NI hi Ia -�°— �I aLU $y i . z 4 g 9:N w ` flV 9osrwa94— w4 I fir ! I .m,ll a o �I j Wa�ne�l !$ yo9�.s 1 � I f asa :dwx I,4 masLma c4aoz :ex 9oA rx wa4.z-L9-ro:u (B) Existing Zoning and Notice Area Map RM- 1 G-2 y P,g0RFIS�4 CG-2 RS-6 C G­2 G--G�2 CG-2 5 �,��� wy�� °�FlF`QF CG- CG-2 6 � CG-2Z CG-2R.MH�r3s8. 29 30 ��`, RqM G- 2 S p�O r G 2 4 RFIS��O� 3 z SUBJECT PROPER;t N- 1 7 31 RCS- 6 CN- 1 10 11 Spy, 12 8 131415 2 1617 SFQ D 1819 20 21 O 1 22 R �1 23 24 25 26 7 J2 oa CASE: ZN8261 a a wr Zoning and notice Area - 5 RMA Multifamily 1 IL Light Industrial s�\ RM-2 Multifamily 2 IH Heavy Industnal y RM-3 mu Warmly 3 PUG Planned Unit Do,Overlay ON Professional Office RS-1'0 Single-Famiy 10 *x RM15T Multifamily AT RSA single-Famiy 8 -sa CNA Neighborhood Commercial RS, SingleFamiy 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family rw�v CR-t Resort Commercial RS-15 Single-Family 15 - CR-2 Resort Commercial RE Residerdial Estate CG-1 Gene[a4 Commercial RS-TH Townhouse CG-2 General Cammarcial Sp Speeiel Permit ei Cl Intensive Commercial RV Recreational Vehicle Park ± CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Cammarcial FIR Farm Ruml / \ H Historic overlay SUBJECT BP Business Park — PROPERTY svapce P[�any O z=owr�srs rrah Mi 1,ott r r 4 aw—wn n 2W'exen n X owner City of 3F Esri,HERE LOCATION MAP a�acha�ew�shy fay mop na Chris C11ri�ti Zoning Case ZN8261 �. Margo Lynn Moore w• i` District 4 Rezoning for a property at or near 7317 South Padre Island Drive �Ss ,p From the "RS-6" Single-Family District To the "CG-2" General Commercial District fi R ate' USJE T " r, PR•PERTY w{ r Spq kkFS q�R\ y PROPERTY o � a n✓ h%°yop �. N �paf F­HFRF LOCATION IYIAP City Council July 16, 2024 Zoning and Land Use Proposed Use: G-2 y A commercial development; which is to include indoor PAORFrs cG-2 08-04-1964 c recreation, retail sales and services, and restaurant uses. CG-2 -G,a 04-15-2002 GG ADP (Area Development Plan): qF Q 02-27-1995 w 3Ss�y °Fk.M GG =2 Southside, Adopted on March 17, 2020 Q - 35e. C G-2 ��\ Rqe, - 05-11-2020 sP37 06-26-2006 FLUM (Future Land Use Map): G. 08-23-1999 q `S�Noa Commercial SUBJECT Existing Zoning District: PROPERTY "RS-6" Single-Family District Adjacent Land Uses: N-! e North: Transportation, Vacant, Commercial, Professional Office; Zoned: CG-2 South: Drainage, Commercial, Low-Density Residential; SFgo ,. N Zoned: RS-6, CN-1 ,=j o East: Vacant; Commercial; Zoned: RS-6, CG-2 RS West: Transportation, Professional Office, Public/Semi- Public, Vacant; Zoned: CG-2, CG-2/SP, CN-1 Public Notification 32 Notices mailed inside the 200' buffer E 0 Notices mailed outside the 200' buffer SPAR CG-2 G-2 RS-s NG ANQpR C 12 CG-T G G- 8 F 9Ss CG-2 6 ie CG-2 Notification Area 30 �,, G- 4 G IS�NP 3 Opposed: 0 (0.00%) 2 susrgcr PF20FEi2TY Separate Opposed Owners: (0) X " 7 31 O In Favor: 1 (20.97%) " ' "12 8 SP 14, 9�� 1B 171 �D 19 U o Zl 22 23 N 24 25 *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • The proposed rezoning is consistent with the City's Comprehensive Plan, and the future land use designation of commercial. • The property to be rezoned is suitable for uses permitted by the zoning requested. • The amendment, as proposed, will not have any negative impact upon the surrounding properties and neighborhood. It is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o A mixed-use infill development in proximity to several neighborhoods, may contribute to the ideal of interconnected developments that may provide community gathering spaces and increase walkability. o The typical pattern along SPID shows general commercial districts with residential uses beyond; which are buffered by the drainage corridor in this case. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "CG-2" GENERAL COMMERCIAL DISTRICT I ao CASE.ZN8261 n®� SC �o o� � AGENDA MEMORANDUM N-ORPOftAY E Public Hearing and First Reading for the City Council Meeting of July 16, 2024 is 52 Second Reading for the City Council Meeting of July 23 ,2024 DATE: June 16, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 1501 South Nineteenth Street CAPTION: Zoning Case No. ZN8270 Ferco Homes (District 2). Ordinance rezoning property at or near 1501 South Nineteenth Street from the RS-6 Single-Family District to the RM-1 Multifamily District; providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff recommend approval). SUMMARY: This item is to rezone the property to allow for multifamily uses. BACKGROUND AND FINDINGS: The subject 0.21-acre, undeveloped and vacant, parcel is out of the southeast area, along the west side of South Nineteenth Street, and the east side of Lynch Street; both "Local" Residential rights-of-way. The neighborhood is generally characterized by an elaborate general commercial district on the perimeter, along Ayers Street, South Staples Street, and Morgan Avenue, and moderate patches of less intense commercial districts along Baldwin Boulevard, and Crosstown Expressway (SH 286); the arrangement and distribution of parcels indicate an original district for single-family uses in the interior. Annexations before the 1960s granted initial zoning districts of "RS-6." Collector streets are generally lined with office and public/semi-public uses in the area. While the area was annexed in 1938, subdivisions appear to date to an earlier time. In some areas, modest and elaborate "RS-TF" Districts buffer commercial zoning districts, while multiple scenarios exist where patches or blocks of two-family districts are planted amid single-family uses. The single- and two-family districts, at times, are home to apartment structures. Multi-family districts are not found in the interior. To the north properties are zoned "RS-TF" Two-Family District and "RS-6" Single- Family District, with vacant, and low-density residential uses. The properties to the south, west, and east are zoned "RS-6" Single-Family, with low-density residential uses. The applicant is requesting an amendment to the current zoning district to accommodate a multi-family development; specifically, apartments. The "RM-1" Multi- Family District permits apartments, single-family and two-family houses, townhomes, cottage housing developments, group homes, educational facilities, parks and open areas, and places of worship. 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 Thirty-seven (37) notices were mailed within the 200-foot notification area, and 7 outside the notification area. As of June 17, 2024: In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: Denial of the change of zoning from the "RS-6" Single-Family District to the "RM-1" Multifamily Zoning District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family District to the "RM-1" Multifamily District on May 29, 2024. Vote Results For: 7 Against: 0 Absent: 2 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8270 Ferco Homes (District 2). Ordinance rezoning property at or near 1501 South 19th Street from the RS-Single- Family District to the RM-1 Multifamily District; providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff recommend approval). 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, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being Lots 1-4, Block 1702, Bay Terrace No.2, and Closed Portions of ROW, as shown in Exhibit "A", from: the "RS-6" Single-Family District to the "RM-1" Multifamily District. The subject property is located at or near 1501 South 19th 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 conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 Exhibit A CP� e RS- TF .r R T F ti s� SUBJECT e� PROPERTY R S 16 v� Y v� RS_ T CASE: ZN8270 SUBJECT PROPERTY WITH ZONING colplm , w' L C hnsh Subject T' Property _ 1-1 Apartment Hose Distrc. I-I Limited Irb-1 D. t A-tA Apanmere House Di— -2 Lght Indust+.'D.— A-2 Apanmeni House Disrrict 1-3 He-y Indusmal Dissi _ AB Pm(es—al Office Dis— PUD Planned Unis Deve4opmem + AT Apanmem-Taunst Disa+ra R-TA One Family D�eellmp D-dot B-t Ne pM1homood Business Dmm t R-se One Family Dw 11,g Dist- B-tA Neghbomood B.--D-1 R-".c one Famiry Drellinp D.stna 8-2 Bayhm[Business Dishier R-2 Multiple Dvellmg Dismet ` B-2A Base.Is[and Bus--'Dshwt RA one Family Dwell rg D st ice 0-3 BusinesaD— RE ResdenualEstateDoi— SUBJECT 04 C-1 Busmen Dlemet R-TH r M1 se Dwell;np Dismal � � _ PROPERTY B-5 Primary Bus'lrarss Di—, SP Special Permit B-5 P=y Bus'—Coe Dvsvict T-1 A Trove!Trailer Park Drama BD Corpus Chrtsh 8-eh Deslpn D.L T-1B Manufactu-1 Home Park Dismct 0ty Ot Esn.HERE F� Farm .,.I D sr. T-r C k+anurau u Hume sun.s— Corpus LOCATION MAP He Hnbprical{u1Nral Lar I—k D-0 Christi Preservation Page 3 of 3 ZONING REPORT Case No. ZN8270 Applicant & Subject Property District: 2 Owner: Ferco Homes LLC Applicant: Joe Ortiz Address: 1501 South 19th Street, located along the west side of South 19th Street, north of Terrace Street, and south of Lynch Street. Legal Description: Lots 1-4, Block 1702, Bay Terrace No.2, and Closed Portions of ROW Acreage of Subject Property: 0.2061 acre(s) Pre-Submission Meeting: April 5, 2024 Zoning Request From: "RS-6" Single-Family District To: "RM-1" Multi-Family District Purpose of Request: To allow for multifamily uses. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Vacant, Medium-Density Site "RS-6" Single-Family Transportation Residential, Transportation "RS-TF" Two-Family Vacant, Medium-Density North "RS-6" Single-Family Transportation (Lynch, S. 19th) Residential, Low-Density Residential Transportation Low-Density Residential Medium-Density South "RS-6" Single-Family Residential, Transportation Transportation Medium-Density East "RS-6" Single-Family (S. Nineteenth Street), Residential, Low-Density Residential Transportation Low-Density Residential, Medium-Density West "RS-6" Single-Family Transportation (Lynch St) Residential Plat Status: The subject property consists of multiple platted lots per MRNCT (Map Records of Nueces County, Texas) Volume A Page 26. Development will require a replat. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD district. Code Violations: None. Transportation and Circulation South Designation Section Proposed Section Existing Nineteenth 1 Lane, 1 Lane, Street "Local' Residential & On-Street Parking, & On-Street Parking, 50-Foot ROW 50-Foot ROW Designation Section Proposed Section Existing Lynch Street 1 Lane, 1 Lane, "Local" Residential & On-Street Parking, & On-Street Parking, 50-Foot ROW I 50-Foot ROW Transit: The Corpus Christi RTA provides service to the subject property via Route(s) 12 Hillcrest/Baldwin near Baldwin Boulevard and Terrace Street, and Bus Route 15 Ayers/Molina, near Ayers Street and South 18t" Street. Bicycle Mobility Plan: The nearest bike mobility infrastructure is a buffered bike lane along South Nineteenth Street that connects to proposed bike boulevards on McKenzie Street and Elizabeth Street. Utilities Gas: A 6-inch WS active line exists along the north side of South Nineteenth Street, and a 2- inch WS line along Lynch Street. Stormwater: A 54-inch RCP exists along South Nineteenth Street, and 18-inch along Lynch Street. Wastewater: An 8-inch active HDPE (public main) exists along South Nineteenth Street and Lynch Street. Water: An 8-inch ACP (public distribution) along the west side of South Nineteenth Street and the north side of Lynch Street. Plan CC (City of Corpus City 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Southeast Area Development Plan (Adopted on July 11, 1995). Water Master Plan: Existing infrastructure*. No improvements have been proposed. Wastewater Master Plan: Existing infrastructure*. No improvements have been proposed. Stormwater Master Plan: Existing infrastructure*. No improvements have been proposed. Roadway Master Plan: Existing infrastructure*. No improvements have been proposed. *Improvements may be required to meet the capacity needs of the proposed development. Public Notification Number of Notices Mailed 37 within a 200-foot notification area 7 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0 in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: May 29, 2024 City Council 1st Reading/Public Hearing Date: July 16, 2024 City Council 2►,d Reading Date: July 23, 2024 Background: The subject 0.21-acre, undeveloped and vacant, parcel is out of the southeast area, along the west side of South Nineteenth Street, and the east side of Lynch Street; both "Local" Residential rights-of-way. The neighborhood is generally characterized by an elaborate general commercial district on the perimeter, along Ayers Street, South Staples Street, and Morgan Avenue, and moderate patches of less intense commercial districts along Baldwin Boulevard, and Crosstown Expressway (SH 286); the arrangement and distribution of parcels indicate an original district for single-family uses in the interior. Annexations before the 1960s granted initial zoning districts of "RS-6." Collector streets are generally lined with office and public/semi-public uses in the area. While the area was annexed in 1938, subdivisions appear to date to an earlier time. In some areas, modest and elaborate "RS-TF" Districts buffer commercial zoning districts, while multiple scenarios exist where patches or blocks of two-family districts are planted amid single- family uses. The single- and two-family districts, at times, are home to apartment structures. Multi-family districts are not found in the interior. To the north properties are zoned "RS-TF" Two-Family District and "RS-6" Single-Family District, with vacant, and low-density residential uses. The properties to the south, west, and east are zoned "RS-6" Single-Family , with low-density residential uses. The applicant is requesting an amendment to the current zoning district to accommodate a multi-family development; specifically, apartments. The "RM-1" Multi-Family District permits apartments, single-family and two-family houses, townhomes, cottage housing developments, group homes, educational facilities, parks and open areas, and places of worship. Plan CC Consistency: The proposed rezoning is generally consistent with the following Elements, Goals and Strategies for Decision Makers: • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and ahigh quality of life. . ■ Encourage the protection and enhancement of residential neighborhoods. o Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Southeast ADP and FLUM Consistency: The proposed rezoning is consistent with the ADP; however inconsistent of the future land use designation of medium-density residential; particularly the following: • The specific goal of the southeast area development is to protect the predominantly stable residential neighborhoods and to promote the efficient development of under- utilized and remaining vacant land in the area. 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: • The proposed rezoning is consistent with many elements and goals of Plan CC; however, is inconsistent with the future land use designation of medium-density residential and transportation, which will warrant an amendment to the FLUM. • The proposed infill development is in agreement with the Southeast ADP specific goal, although adopted almost 29 years ago, of protecting the predominantly stable residential neighborhood, and promoting the efficient development of under-utilized and remaining vacant land in the area, especially a limited buildable footprint. • As the new southeast area-specific plan is being drafted, surveys revealed that new housing is in demand, which is in short supply, over the older and deteriorating housing stock, which were built prior to 1960. • Plan CC encourages the proper location of land uses based on compatibility, locational needs, and characteristics of each use; however strongly discourages the abrupt transition to less dense land uses. While a multi-family district is classified as a high- density development; an 8,900-square foot corner-parcel that immediately adjacent to single-family districts reduces the development footprint of the parcel. The required provision for parking may also further reduce the building footprint to accommodate vehicular circulation for tenants and refuse collectors. The Unified Development Code also controls compatibility in this scenario through height restrictions, buffer yards, open space requirements, and other means. • The property to be rezoned is suitable for the household living uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommendation (May 29, 2024): 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, Planning Commission and Staff recommend approval of the change of zoning from the "RS-6" Single-Family District to the "RM-1 Multi-Family District. • In determining the compatibility of the proposed amendment with surrounding uses and properties, staff considered the development standards to be subjected to a modest- sized parcel for a multi-family uses and found it to be compatible with the present zoning and conforming uses of nearby properties; therefore, adverse impacts upon the surrounding uses and properties should be limited. Guiding documents also find two- story multi-family development compatible with single-family uses. • Much of the area is characterized by its original zoning district of "RS-6"; however, with a mixture of non-conforming multi-family residential uses is typical. A development such as this, while marginal, may re-new interest and investment in this old area, and will augment housing supply. • The subject parcel is also within an area of the Southeast of the City characterized by one of the lowest brackets of median household income. This is an opportunity to supply housing in a predominantly single-family area. Attachment(s): (A) Existing Zoning and Notice Area Map. (A) Existing Zoning and Notice Area Map I -51 9 � 3 RS- Too 10 RS-'TF 4 1y 32 2 11 5 4 �F 12 6 31 sUBJECT,, 30 PROPERTY 1 R S- 6 29 13 28 14 � 25 15 27 " 18 16 19 17 20 Z4 2 23 Zi 22 v� R-S- T CASE: ZN8270 q>•rO Ba d Uf 14157 a N Zoning and notice Area r rnrRsr 5 RM-1 Multil—IlyI IL Light Industrial RM-2 Mukifamlly 2 IH Heavy Industrial RM3 MultHamiy 3 POG Planned Wit D.,overlay1. oN Profeggignal offige RS-10 Single-Family 10 RMAT MuNgemily AT RSS Si. . = CN-1 Neighborhood Commercial RS4.5 Single-Family 45 CN-2 Nsigh hgrhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Sngle-Family 15 CR-2 Resort Commercial RE Rasidentiak Eetate CG-1 General Commecial WTH Townhouse CG1 General C.,-6al SP Special P'"it CI Intensive Commercial RV Recreation.!Vehicle Park CBU oovmeown Commercial RMH Manufactured Home CR3 Resort Commercial FR Farm Roral - H Hislork ovar6ay SUBJECT BP Business Park _ _ PROPERTY 5a5/act Pm-I, Glaners w.h 200'buMer irr/awr 4onn Jfhmz00bsi anached gwnershp tabbw A„r oap we gr, CitN'UI ESri,HERE C �u, LooN M,aP Christi Zoning Case ZN8270 Ferco Homes LLC ' District 2 Js,. - Rezoning for a property at or near `^ ® 1501 South Nineteenth Street ... T s. From the "RS-6" Single-Family District a To the "RM-1" Multifamily District P�ERTY' r u,isii "� i6� SUBJECT t, PROPERTY Bn.HERE City Council July 16, 2024 Zoning and Land Use Proposed Use: To allow for multifamily uses. ADP (Area Development Plan): RS-TF Southeast Area Development Plan (Adopted on 03-03-2024 �� R -TF July 11, 1995) s FLUM (Future Land Use Map): Y 4ECT �c Medium-Density Residential P OPERT Y Existing Zoning District: 6 "RS-6" Single-Family District Adjacent Land Uses: y s North: Vacant, Transportation, Low-Density Residential; N Zoned: RS-TF, RS-6 South: Low-Density Residential; Zoned: RS-6 � RS-T F East: Transportation, Low-Density Residential; Zoned RS-6 West: Low-Density Residential; Zoned: RS-6 Public Notification 37 Notices mailed inside the 200' buffer 7 Notices mailed outside the 200' buffer f es 8 �sT 3 9 �\ Rs- F 10 RS-7F Notification Area 32 2 12 6 31 �\ Opposed: 0 (0.00%) 3o PUPERTY Separate Opposed Owners: (0) XRS �9 13 28 14 y. ZS 15 In Favor: 0 (0.00%) Z7 1$ 16 19 0 24 N 23 cy 22 *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. s-r Staff Analysis and Recommendation • The proposed rezoning is consistent with many elements and goals of Plan CC; however, is inconsistent with the future land use designation of medium-density residential and transportation. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The amendment, as proposed, will not have any negative impact upon the surrounding properties and neighborhood. It is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o Plan CC encourages the proper location of land uses based on compatibility, Iocational needs, and characteristics of each use; however strongly discourages abrupt transitions to less dense land uses. While a multi-family district is classified as a high-density development; an 8,900-square foot corner-parcel that immediately adjacent to single-family districts reduces the development footprint of the parcel. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RM-1 " MULTI-FAMILY DISTRICT y/ � . � .�vs c� �o o� � v N6OFPOR 11 1852 AGENDA MEMORANDUM Public Hearing/1st Reading Ordinance for the City Council Meeting of July 16, 2024 2nd Reading Ordinance for City Council Meeting July 23, 2024 DATE: 7/8/2024 TO: Peter Zanoni, City Manager THRU: Heather Hurlbert, Assistant City Manager heatherh3(a)cctexas.com (361) 826-3506 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 2025 Annual Action Plan and Amended Citizen Participation Plan CAPTION: Ordinance adopting the City Fiscal Year 2025 and U.S. Department of Housing and Urban Development (HUD) Program Year 2024 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of $3,135,388, the Emergency Solutions Grant (ESG) budget in the amount of $234,083, and the HOME Investment Partnerships Program (HOME) budget in the amount of$1,369,386 for a total of$4,738,857 annual HUD funding; amending the Citizen Participation Plan (CPP); authorizing the execution of all necessary documents to submit the AAP and CPP; authorizing a staff complement of 18 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments, environmental review records, and other documents necessary to implement the FY 2025 PY 2024 AAP. SUMMARY: Public Hearing and Ordinance to adopt the Fiscal Year FY 2025 PY 2024 AAP, the amended 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 a Five-year Consolidated Plan (ConPlan), AAP, and CPP to HUD. The ConPlan was adopted at the second reading on August 8, 2023. The ConPlan covers the program period of October 1, 2023, through September 30, 2028. The ConPlan components included stakeholder consultation, housing and homeless needs assessment, housing market analysis, local priorities, and the first year AAP covering October 1, 2023, through September 30, 2024. The priority needs for identified through the community outreach for the ConPlan 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 FY 2025 AAP is the required annual update to the ConPlan that describes how the City will expend the annual allocations from HUD to meet the priority needs identified in the ConPlan. The FY 2025 AAP covering October 1, 2024, through September 30, 2025, is the second AAP in the five-year period. For FY 2025, the CDBG allocation is $2,659,704. Additional funding in the amount of $175,684 is being reprogrammed from previously funded CDBG projects that have not expended the full amount. Also, program income of$300,000 is available to augment funding levels for the CDBG program allocations for a total funding level of$3,135,388 for affordable housing and community development activities. The ESG program has $234,083 for FY 2025. 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 $1,119,386 from entitlement funds, with an additional $250,000 generated from program income for a total funding amount of $1,369,386 for affordable housing activities for the FY 2025 budget year. During the development of the FY 2025 AAP, public input opportunities included five public input sessions, one in each Council district, 23 consultations with public and private organizations, departments, and civic groups, a public comment period from June 9, 2024, through July 9, 2024, and a public hearing to be held during the July 16, 2024 regularly scheduled City Council meeting. The five public input sessions were broadcast live on the City's Facebook page and the City's YouTube channel. The recommended projects are: CDBG PROJECT Total Minor Home Repair $ 1,143,530 HEB Tennis Complex and Pool Park Parking Lot and Improvements and Other $ 500,000 Amenities The Salvation Army Facility Improvement $ 150,700 Code Enforcement Staffing $ 390,642 Neighborhood Cleanups for seniors in low-to-moderate areas $ 65,000 Administration $ 356,785 Program Delivery $ 528,731 TOTAL $ 3,135,388 HOME PROJECT Total Single Family Rehabilitation $ 344,916 TG 110 - Palms at Morris $ 587,531 come dream. come build. - Homebuyer Assistance $ 300,000 Alternate Project - TG 110 - Palms at Williams $ - Administration $ 136,939 TOTAL $ 1,369,386 ESG PROJECT Total Corpus Christi Hope House Homeless Services $ 116,527 The Salvation Army Homeless Services $ 100,000 Administration $ 17,556 TOTAL $ 234,083 Pursuant to the citizen participation requirements of 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. The City had the CPP reviewed by a HUD supplied technical assistance provider which recommended minor amendments. The changes include additional criteria for when a substantial amendment is required such as when there is a change to the Annual Goals, Objectives, and/or Target Geographies/Areas identified in the AAP, when new entitlement grants are awarded to the City, when a project previously identified in the AAP is cancelled, and when a new project that was not previously identified in the AAP is created. Substantial amendments to the AAP have been completed when these incidences have occurred, but the CPP amendment codifies the practice. ALTERNATIVES: Alternatives include not adopting the AAP or the amended CPP or changing the recommendations made in the FY 2025 Award Matrix. FISCAL IMPACT: The City is expected to receive $4,738,857 in federal funding for affordable housing, community development and homelessness. Funding Detail: CDBG and ESG Fund: 1059 Organization/Activity: Various Department: 24 Project # (CIP Only): N/A Account: Various HOME Fund: 9045 Organization/Activity: Various Department: 24 Project # (CIP Only): N/A Account: Various RECOMMENDATION: Staff is recommending the approval of the AAP and amended CPP. LIST OF SUPPORTING DOCUMENTS: Ordinance FY 2025 Award Matrix FY 2025 Annual Action Plan Citizen Participation Plan Amended Presentation Ordinance adopting the City Fiscal Year 2025 and U.S. Department of Housing and Urban Development (HUD) Program Year 2024 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of $3,135,388, the Emergency Solutions Grant (ESG) budget in the amount of $234,083, and the HOME Investment Partnerships Program (HOME) budget in the amount of $1,369,386 for a total of $4,738,857 annual HUD funding; amending the Citizen Participation Plan (CPP); authorizing the execution of all necessary documents to submit the AAP and CPP; authorizing a staff complement of 18 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments, environmental review records, and other documents necessary to implement the FY 2025 PY 2024 AAP. Whereas, the City has exceeded HUD regulations by conducting five public meetings during the development of the AAP, the public meetings were held on February 28, 2024, February 29, 2024, March 4, 2024, March 6, 2024, and March 7, 2024. A public hearing was held on July 16, 2024. 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 AAP in stakeholder consultations with local groups; Whereas, the City Council has determined that enacting this Ordinance, which adopts the AAP and amends the 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 FY2025 AAP which was presented to City Council along with this Ordinance is hereby adopted. Section 2. That the CPP which was presented to City Council along with this Ordinance is hereby amended. Section 3. That a staff complement of 18 positions is authorized to carry out the activities in the AAP and CPP. Section 4. That the City Manager or his designee is authorized: • to submit the City's FY 2025 AAP to HUD, and • to submit the City's CPP to HUD. Section 5. That the City Manager or his designee is authorized: • to execute all documents, including related to environmental review records, necessary to accept and appropriate upon receipt the funding from HUD into the Grant Fund No. 1059 and Grant Fund No. 9045 for the FY2025 PY2024 AAP. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CITY OF CORPUS CHRISTI FY2025 ANNUAL ACTION PLAN Community Development Block Grant(CDBG) FY2025/PY2024 FY24/PY23 FY25/PY24 FY25/PY24 FY25/PY24 CDBG Entitlement $2,663,378 $2,659,704 $2,659,704 $2,,659,704 $ 7Reprogrammed Funds $1,313,162 $175,684 $175,684 84 5650Pro ram Income $392,364 $300,000 $300,000 30 TOTAL FUNDS AVAILABLE $4,368,904 $3,135,388 $3,135,388 $313 00 Proposed PROJECTProposed Previous Requested Prior to After DESCRIPTION To-DateAllocation 06.09.2024 07.08.2024 Minor Home Repair Grant Program The Minor Home Repair Grant Program assists 45 homeowners with a grant to provide repairs involving the roof,plumbing,electrical,heating, minor structural repairs,and accessible ramps.The applicant must be at $1,102,204 $1,272,259 $1,272,259 $1,143,530 least 62 years old or disabled. The applicant must meet the very low- income limits(50%AMI). 1 HEB Tennis Complex and Pool Park Parking Lot and Improvements and Other Amenities HEB Park is a full-service municipal park designated as a community/ regional park. The park offers tennis,swimming pool,handball,park and playground that offers residents a variety of programs.The tennis courts increase their skill level and knowledge of the sport. HEB Park is located in an underserved area that would greatly benefit from park amenities that $449,986 $476,913 $826,913 $500,000 improve the health and well-being of its residents.The Park offers a large public tennis facility attracting city-wide participation. Funding will be used to make parking lot improvements and improvements to other park amenities.The park is located within two low-mod-income block groups. 2 The Salvation Army-Facility Improvements The proposed project involves the installation of 1,150 feet of perimeter fencing around the shelter and administrative offices to address safety and $0 $150,700 $150,700 $150,700 3 security concerns for homeless residents. Code Enforcement Staffing Funding for five Code Enforcement Officers to complete inspections in low- moderate income block groups where the enforcement together with $306,500 $400,000 $0 $390,642 public or private improvements,rehabilitation,or services may be 4 expected to arrest the decline of the area. Neighborhood Cleanups Funding for five to 10 neighborhood cleanup campaigns for seniors in low- $0 $0 $0 $65,000 5 moderate income block groups. Program Administration This request funds 6 FTEs. 1 Management Analyst at about 50%; 1 Contract Administrator at about 50%; 1 Contract Administrator at about 65%; 1 Grant Monitoring Program Coordinator at about 50%;Community Development Program 1 Assistant Director at about 45%.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 $356,785 $356,785 $356,785 $356,785 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. 6 Proposed PROJECTProposed Previous Requested Prior to After To-DateAllocation 06.09.2024 07.08.2024 Program Delivery This request funds 6 FTEs. 1 Program Manager at about 55%;2 Rehabilitation Specialists at about 95%; 1 Housing Program Coordinator at about 90%;2 Program Specialist at about 95%.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. $528,731 $528,731 $528,731 $528,731 Services include collection of 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. 7 Corpus Christi Hope House-Facility Improvements Replace obsolete HVAC units and appliances with energy efficient items. Rehabiliation facilities at 630 Robinson St.,658 Robinson St,and 3226 Reid Drive.All facilities will be used to carry out program activities to serve $0 $167,400 $0 $0 homeless and at-risk of homelessness clients. 8 WeeCare dba Upwards Provides technical assistance and business support to childcare providers who run home daycares.The program goal is to expand economic opportunities for daycare providers in Corpus Christi by training them to us $0 $264,000 $0 $0 essential tools to make their operations for efficient and expand childcare. 9 10 Rising Tide Ministries-Safe at Home $50,000 $0 $0 $0 11 Rising Tide Ministries-Wave Academy Program $50,000 $0 $0 $0 12 Dr.HC Dilworth Pavilion $394,238 $0 $0 $0 13 Littles-Martin House $843,485 $0 $0 $0 14 Corpus Christi Police Athletic League CC-PAL $151,955 $0 $0 $0 15 Central Kitchen Generator $77,388 $0 $0 $0 16 1 Ben Garza Locker Rooms $57,632 $0 $0 $0 TOTAL $4 368 904 1 $3 616 788 1 $3 135 388 1 $3 135 388 CITY OF CORPUS CHRISTI FY2025 ANNUAL ACTION PLAN Emergency Solutions Grant(ESG) FY2025/PY2024 FY24/PY23 FY25/PY24 FY25/PY24 $235,549 $234,083 $234,083 PROJECTPrevious Year Requested Proposed No • Date 07.08.2024 Corpus Christi Hope House Hope House provides emergency shelter, homeless prevention assistance, rapid rehousing assistance, and other supportive services to the homeless and at- $117,883 $136,220 $116,527 risk of homelessness individuals in our community. 1 The Salvation Army To provide case management, food, shelter, homeless prevention, rapid rehousing and supportive $100,000 $100,000 $100,000 services to those who are homeless or at-risk of 2 homelessness. Mission 911 To provide utility and rental assistance, case management, clothing closet and community $0 $100,000 $0 outreach. 3 4 jProgram Administration 1 $17,666 1 $17,556 1 $17,556 Total 1 $235,549 1 $353,776 1 $234,083 CITY OF CORPUS CHRISTI FY2025 ANNUAL ACTION PLAN HOME Investment Partnerships Program(HOME) FY2025/PY2024 FY24/PY23 FY25/PY24 FY25/PY24 HOME Entitlement $1,352,610 $1,119,386 $1,119,386 Reprogram $1,182,626 $ - $ - Program Income $308,520 $250,000 $250,000 TOTAL FUNDS AVAILABLE $2,843,756 $1,369,386 $1,369,386 Previous Year Requested Proposed No PROJECT&DESCRIPTION Date 07.08.2024 Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The program will provide two zero percent deferred forgivable loans to homeowners interested in rehabilitating their homes. Funds requested will be used to $2,246,143 $344,916 $344,916 provide demolition and relocation grants and reconstruction loans to eligible homeowners whose homes are 51%deteriorated. 1 TG 110,Inc-Palms at Morris (CHDO) Construct 72 units of affordable senior housing at 2212 Morris $0 $476,913 $587,531 2 Street. Project dependent on 9%LIHTC funding. come dream.come build.-Homebuyer Assistance Assist low-income first time homebuyers with downpayment and closing cost assistance.Serving a minimum of 12 families with up $0 $300,000 $300,000 3 to$25,000. Program Administration 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 $166,113 $136,939 $136,939 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. 4 1602 South Staples Housing Inc.,Rehabiliation Rehab HUD 811 apartment complex converting manager's unit to 2-bedroom market unit for extremely low-income tenants with $0 $111,132 $0 disabilities and property upgrades. 5 TG 110,Inc-Palms at Williams(CHDO) Construct 64 units of affordable senior housing at 7031 Williams Dr. Project dependent on 9%LIHTC funding. Project will be $0 $1,200,000 $0 recommended for funding if it receives the 9% LIHTC over Palms 6 at Morris. 7 Habitat for Humanity $431,500 $0 $0 Totals $2,843,756 $2,569,900 $1,369,386 i L ACTION n l j �� ;l u j■ tile` f �, Y= — ctA o 7 lot EQUAL HOUSING g.gAp DEV� ) i -- OPPORTUNITY e i Table of Contents Table of Contents page will be finalized after City Council Approval. EXECUTIVE SUMMARY........................................................................................................................................................1 AP-05 EXECUTIVE SUMMARY-24 CRF 91.200(C),91.220(B).........................................................................................................1 PR-05 LEAD&RESPONSIBLE AGENCIES-92.200(B).........................................................................................................................5 AP-10 CONSULTATION-91.100,91.200(B),91.215(L)..................................................................................................................6 AP-12 PARTICIPATION-91.105,91.200(C) ................................................................................................................................18 EXPECTED RESOURCES......................................................................................................................................................22 AP-15 EXPECTED RESOURCES...........................................................................................................................................................................................22 AP-20 ANNUAL GOALS AND OBJECTIVES.........................................................................................................................................................................26 PROJECTS..........................................................................................................................................................................30 AP-35 PROJECTS-91.220(D)....................................................................................................................................................30 AP-38 PROJECT SUMMARY...............................................................................................................................................................................................41 AP-50 GEOGRAPHIC DISTRIBUTION-91.220(F) ............................................................................................................................40 AFFORDABLE HOUSING.....................................................................................................................................................41 AP-55 AFFORDABLE HOUSING-91.220(G)...................................................................................................................................41 AP-60 PUBLIC HOUSING-91.200(H)...........................................................................................................................................43 AP-65 HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES-91.200(I)................................................................................................44 AP-75 BARRIERS TO AFFORDABLE HOUSING-91.220(J)..................................................................................................................47 AP-85 OTHER ACTIONS...................................................................................................................................................................................................49 PROGRAM SPECIFIC REQUIREMENTS................................................................................................................................52 AP-90 PROGRAM SPECIFIC REQUIREMENTS-91.220(L)(1,2,4) .......................................................................................................52 APPENDICES......................................................................................................................................................................58 APPENDIX 1:CITIZEN PARTICIPATION PACKET......................................................................................................................................................58 APPENDIx2:AFFIRMATIVELY FURTHER FAIR HOUSING ......................................................................................................................................1 APPENDIX3: MAPS............................................................................................................................................................................................................1 APPENDIx4:AP-85 ATTACHMENT A:CONTINUATION OF AP-85.....................................................................................................................1 APPENDIX 5:AP-90 ATTACHMENT B:CONTINUATION OF AP-90...............................................................................................................................1 APPENDIX6:AP-90ATTACHMENTC:HOME RECAPTURE PROVISIONS....................................................................................................................1 APPENDIX7:AP-90ATTACHMENTD:ESG WRITTEN STANDARDS................................................................................................................................1 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Corpus Christi (City) is a federal entitlement community under the U.S. Department of Housing and Urban Development (HUD). The City receives this designation through the application; administration, execution, and compliance of HUD funded programs by the City's Planning and Community Development Department (PCDD). As a HUD entitlement community, the City is required to prepare an Annual Action Plan (AAP) to implement federal programs that fund housing, community development and economic development. FY2025/PY2024 AAP represents the second year of the City's Five-Year Consolidated Plan for HUD Fiscal Years 2023-2028 as ratified by the City Council and accepted by HUD. The FY2025/PY2024 AAP is the City of Corpus Christi's application to HUD for entitlement grants and identifies the proposed programs and projects to be funded during the City's Fiscal Year (FY) 2025. The following three HUD entitlement grants are covered in the AAP: Introduction Continuation • Community Development Block Grant(CDBG):The primary objective of the CDBG program is the development of viable urban communities through the provision of improved living environments, expansion of economic opportunity, and suitable housing. Funds are intended to serve low and moderate-income residents and areas. • HOME Investment Partnerships Program (HOME): The HOME program is dedicated to increasing the availability, quality, and access to affordable and decent housing for low-income households. • Emergency Solutions Grant(ESG): The purpose of the ESG program is to assist individuals and families regain both temporary and permanent housing after experiencing a housing crisis or homelessness. The FY2025/PY2024 annual allocations will receive the following for the three grant programs: $2,659,704 in CDBG funds; $1,355,913 in HOME funds; and $234,083 in ESG funds. An additional $300,000 from CDBG Program Income and $175,684 in CDBG reprogrammed funds. Also, $250,000 in HOME Program Income is included. The total resources for the 2nd year of the Consolidated Plan are $4,975,384. Annual Action Plan 1 2024 OMB Control No:2506-0117(exp.09/30/2021) 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. 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 $234,000 in ESG funds 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 Activities funded this year 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 • Blight Removal • Provide public services and programs related to healthy outcomes for low-and moderate- income persons and households • Address Homelessness 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Annual Action Plan 2 2024 OMB Control No:2506-0117(exp.09/30/2021) Evaluation of past performance continuation Additionally, partnerships with organizations like Rising Tide Ministries enabled targeted interventions, such as the Safe at Home program, aiming to enhance aging-in-place outcomes for low-income older adults by addressing home environment needs.These endeavors contribute to preserving existing affordable housing stock and ensuring the well-being of vulnerable populations. The City's commitment to tenant-based rental assistance programming and strategic utilization of HOME funds, alongside leveraging city-owned property for Low-Income Housing Tax Credit projects, underscores its dedication to fostering the creation of new affordable housing units. Furthermore, with the approval of the City's HOME ARP plan by HUD in PY22, efforts are underway to implement programs effectively. Notably, adaptations stemming from the CARES Act related to COVID- 19 have been seamlessly integrated, demonstrating the City's resilience and responsiveness in addressing emergent challenges. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. A series of Public Meetings and Technical Assistance (TA) workshops for the City's FY2025/PY2024 AAP which include CDBG, ESG, and HOME Programs were conducted on February 28, 2024, February 29, 2024, March 3, 2024, March 6, 2024, and March 7, 2024. TA meetings occurred on April 4, 2024. The purpose of the Public Meetings and TA workshops 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 FY2025/PY2024 will be held on July 16, 2024 during the scheduled City Council meeting to receive public comment. Also, the City took part in several measures in an effort to broaden public participation. In addition to the public hearings/meetings,the City conducted several consultations virtually, one-on-one meetings, and calls with local stakeholders including affordable housing agencies, homeless service providers, social service providers, health care and mental health providers, and the Texas Balance of State Continuum of Care. The purpose of these public meetings was to assess needs and to obtain the views and comments of individuals concerning the City's housing and community development needs for the year and align with the 5-Year Con Plan priorities. For those who were unable to attend the meetings in person, the meetings were on Facebook and the City's YouTube Channel. Annual Action Plan 3 2024 OMB Control No:2506-0117(exp.09/30/2021) In efforts to broaden citizen participation efforts, the public meeting and TA schedule was published in the Corpus Christi Caller Times, in both English and Spanish and posted on the City's webpage. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. 6. Summary of comments or views not accepted and the reasons for not accepting them 7. Summary In summary, the AAP has been developed with extensive community input as noted above and reflects the needs of the City. Annual Action Plan 4 2024 OMB Control No:2506-0117(exp.09/30/2021) PR-05 Lead &Responsible Agencies—91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity 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 Planning&Community Development Development Dept HOME Administrator CORPUS CHRISTI Planning&Community Development Development Dept ESG Administrator CORPUS CHRISTI Planning&Community Development Development Dept Table 1—Responsible Agencies Narrative(optional) Consolidated Plan Public Contact Information Annual Action Plan 5 2024 OMB Control No:2506-0117(exp.09/30/2021) AP-10 Consultation — 91.100, 91.200(b), 91.215(I) 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(I)) The preparation of the Annual Plan involved outreach to an extensive number of local and regional organizations involved in providing housing, community development, 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 homeless coalition in the Continuum of Care. Staff is on the board and 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 Continuum of Care. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Staff from the City is on the board of the Texas Balance of State Continuum of Care (TX BoS CoC) which is administered by the Texas Homeless Network(THN), and work 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 HIP. Funding is based on agency needs to address homelessness and available resources. The City released technical assistance workshops in April. The City also coordinates with the Texas Homeless Networks (THN) Balance of State staff on annual ESG allocations. As a member of the TX BoS CoC,the City abides by THN policies for the administration of HMIS. Annual Action Plan 6 2024 OMB Control No:2506-0117(exp.09/30/2021) The City worked closely with THIN and HIP to implement a Coordinated Entry System (CES). The Salvation Army is the coordinated entry point established in the City and has taken the lead in the effort to provide a central point to determine the housing and social service needs of homeless persons. The City has ESG performance standards and evaluation procedures set in place. City staff established and used an internal database system to collect ESG data and request quarterly reports and HMIS data from funded agencies to reconcile accounts. The City's INFOR financial system is also used to reconcile accounts, to set up activities, set up budgets, process payments and to close out activities. The data is also used in the preparation of the CAPER. During PY23,the City updated the ESG Performance Standards and ESG Policy Manual. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities Annual Action Plan 7 2024 OMB Control No:2506-0117(exp.09/30/2021) Table 2—Agencies,groups,organizations who participated 1 Agency/Group/Organization Texas Balance of State Continuum of Care Agency/Group/Organization Type Continuum of Care What section of the Plan was addressed by Homelessness Strategy Consultation? Briefly describe how the Agency/Group/Organization Consultation was through virtual meeting.The anticipated outcome is to gather was consulted.What are the anticipated outcomes of data and information on the prioritization standards for CoC programs and the consultation or areas for improved coordination? referred to Point In Time(PIT)resources and local providers. 2 Agency/Group/Organization CORPUS CHRISTI HOUSING AUTHORITY Agency/Group/Organization Type PHA What section of the Plan was addressed by Public Housing Needs Consultation? Briefly describe how the Agency/Group/Organization Consultation was done via phone.The consultation provided input on CCHA was consulted.What are the anticipated outcomes of housing and the ongoing partnership with the city to provide affordable the consultation or areas for improved coordination? housing.The PHA shared that the preferences for vouchers are being amended to make sure that those with the greatest need are being served. 3 Agency/Group/Organization United Corpus Christi Chamber Agency/Group/Organization Type Regional organization What section of the Plan was addressed by Housing Need Assessment Consultation? Economic Development Briefly describe how the Agency/Group/Organization Consultation was done online via email.The anticipated outcome include better was consulted.What are the anticipated outcomes of coordination between the City and Civic group for better understanding of the consultation or areas for improved coordination? community needs including affordable housing,job training,employment skills, homebuyer programs,and emergency shelter support. Annual Action Plan 8 2024 OMB Control No:2506-0117(exp.09/30/2021) 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 Strategy Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization Consultation was done via email.The anticipated outcomes include better was consulted.What are the anticipated outcomes of coordination between the city and the CCHH.This will be a continued area for the consultation or areas for improved coordination? improved coordination. 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 Strategy Briefly describe how the Agency/Group/Organization Consultation was done through virtual meeting.The anticipated outcomes was consulted.What are the anticipated outcomes of include better coordination between the city and the Salvation Army. The city the consultation or areas for improved coordination? worked closely with Salvation Army establish a Coordinated Entry System(CES) to determine the housing and social service needs of homeless persons.This will be a continued area for improved coordination. Annual Action Plan 9 2024 OMB Control No:2506-0117(exp.09/30/2021) 6 Agency/Group/Organization Family Endeavors Agency/Group/Organization Type Services-Persons with Disabilities Services-homeless Services-Health Services-Education Services-Employment Service-Fair Housing What section of the Plan was addressed by Homeless Needs-Chronically homeless Consultation? Homelessness Needs-Veterans Homelessness Strategy Briefly describe how the Agency/Group/Organization Consultation was done through virtual meeting.The anticipated outcome was consulted.What are the anticipated outcomes of includes better coordination with Family Endeavors to serve additional Veterans the consultation or areas for improved coordination? 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 and mental health. 7 Agency/Group/Organization Corpus Christi Metropolitan Planning Organization Agency/Group/Organization Type Transportation What section of the Plan was addressed by Homelessness Strategy Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization Consultation was done via email.The anticipated outcome is to gain a better was consulted.What are the anticipated outcomes of understanding of transportation needs of the low/mod community and the the consultation or areas for improved coordination? transportation issues affecting the homeless population and other vulnerable communities in Corpus Christi. 8 Agency/Group/Organization Corpus Christi Independent School District Agency/Group/Organization Type Services-Education Annual Action Plan 10 2024 OMB Control No:2506-0117(exp.09/30/2021) What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs-Families with children Homelessness Needs-Unaccompanied youth Briefly describe how the Agency/Group/Organization Consultation was done through virtual meeting.The anticipated outcome is to was consulted.What are the anticipated outcomes of gain a better understanding of housing issues,homeless,unaccompanied youth, the consultation or areas for improved coordination? and other needs of students in the Corpus Christi Independent School Districts. 9 Agency/Group/Organization Coastal Bend Wellness Foundation(CBWF) Agency/Group/Organization Type Services-Elderly Persons Services-Victims of Domestic Violence Services-homeless Services-Health Services-Education What section of the Plan was addressed by Homelessness Needs-Unaccompanied youth Consultation? Homelessness Strategy Briefly describe how the Agency/Group/Organization Consultation was done through virtual meeting.The anticipated outcome is to was consulted.What are the anticipated outcomes of gather input on the healthcare,mental health,foster care,victims of Domestic the consultation or areas for improved coordination? and sex trafficking needs of the low-income and homeless populations that are served by Coastal bend Wellness Foundation. 10 Agency/Group/Organization cdcb I come dream.come build Agency/Group/Organization Type Housing Non-Profit What section of the Plan was addressed by Housing Need Assessment Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization Consultation was done through multiple in person meetings.The anticipated was consulted.What are the anticipated outcomes of outcome is to help identify the affordable housing needs in the City and input the consultation or areas for improved coordination? on how to address the need over the next year. Annual Action Plan 11 2024 OMB Control No:2506-0117(exp.09/30/2021) 11 Agency/Group/Organization TG 110,Inc.,Palms at Morris Agency/Group/Organization Type Affordable Housing Developer What section of the Plan was addressed by Housing Need Assessment Consultation? Briefly describe how the Agency/Group/Organization Consultation was done through multiple meetings and phone calls.The was consulted.What are the anticipated outcomes of anticipated outcome is to help to identify affordable rental housing needs and the consultation or areas for improved coordination? how to help address the needs over the next year. 12 Agency/Group/Organization TG 110,Inc.,Palms at Williams Agency/Group/Organization Type Affordable Housing Developer What section of the Plan was addressed by Housing Need Assessment Consultation? Briefly describe how the Agency/Group/Organization Consultation was done through multiple meetings and phone calls.The was consulted.What are the anticipated outcomes of anticipated outcome is to help to identify affordable rental housing needs and the consultation or areas for improved coordination? how to help address the needs over the next year. 13 Agency/Group/Organization Corpus Christi Parks&Recreation Department Agency/Group/Organization Type Other government-Local What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Briefly describe how the Agency/Group/Organization Consultation was done by in person meetings.The anticipated outcome is to was consulted.What are the anticipated outcomes of help to identify the non-housing community development needs in the City and the consultation or areas for improved coordination? how to potentially address them over the next year. 14 Agency/Group/Organization Spectrum Agency/Group/Organization Type Services-Broadband Internet Service Providers Annual Action Plan 12 2024 OMB Control No:2506-0117(exp.09/30/2021) What section of the Plan was addressed by Housing Need Assessment Consultation? Briefly describe how the Agency/Group/Organization Consultation was done by phone call.The anticipated outcome is to help to was consulted.What are the anticipated outcomes of identify the broadband needs of housing occupied by low-and moderate- the consultation or areas for improved coordination? income households and how to potentially address them over the next year. 15 Agency/Group/Organization The Purple Door Agency/Group/Organization Type Services-Victims of Domestic Violence Services-Victims Non-Profit What section of the Plan was addressed by Homeless Needs-Families with children Consultation? Homelessness Strategy Briefly describe how the Agency/Group/Organization Consultation was done by email. The anticipated outcome is to identify the was consulted.What are the anticipated outcomes of needs of affordable housing,youth center for violence prevention,rapid the consultation or areas for improved coordination? rehousing,emergency shelter operational support,and efforts to develop a comprehensive approach to supporting homeless initiatives. 16 Agency/Group/Organization Corpus Christi Fair Housing(CCFH) Agency/Group/Organization Type Other government-Local What section of the Plan was addressed by Housing Need Assessment Consultation? Barriers to Affordable Housing Briefly describe how the Agency/Group/Organization In person consultation.The anticipated outcome is to help to identify fair was consulted.What are the anticipated outcomes of housing needs and how to help address the needs over the next year. the consultation or areas for improved coordination? 17 Agency/Group/Organization Nueces Center for Mental Health and Intellectual Disabilities Agency/Group/Organization Type Services-Health Non-Profit Annual Action Plan 13 2024 OMB Control No:2506-0117(exp.09/30/2021) What section of the Plan was addressed by Homelessness Strategy Consultation? Special Needs Facilities and Services Briefly describe how the Agency/Group/Organization Consultation was a phone call.The anticipated outcome is to address the needs was consulted.What are the anticipated outcomes of including affordable housing,supportive services,rapid rehousing,tenant based the consultation or areas for improved coordination? rental assistance and follow up care.MHID has joined City staff and other partners for weekly street outreach for persons who are homeless.The City has awarded MHID its state allocation of homeless funds to provide services. 18 Agency/Group/Organization City of Corpus Christi Police Department Agency/Group/Organization Type Other government-Local Public Agency Law Enforcement What section of the Plan was addressed by Homelessness Strategy Consultation? Briefly describe how the Agency/Group/Organization Consultation was done through a scheduled meeting with the department.The was consulted.What are the anticipated outcomes of anticipated outcome is to understand the needs and supportive services within the consultation or areas for improved coordination? the community. 19 Agency/Group/Organization Coastal Bend Aging and Disability Resource Center Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities What section of the Plan was addressed by Homelessness Strategy Consultation? Briefly describe how the Agency/Group/Organization Consultation was done through a Virtual meeting.The anticipated outcome is to was consulted.What are the anticipated outcomes of understand how to better serve seniors and those with disabilities. the consultation or areas for improved coordination? 20 Agency/Group/Organization Christus Spohn Hospital Corpus Christi-Shoreline Agency/Group/Organization Type Services-Health Annual Action Plan 14 2024 OMB Control No:2506-0117(exp.09/30/2021) What section of the Plan was addressed by Homelessness Strategy Consultation? Homeless Needs Assessment Briefly describe how the Agency/Group/Organization Consultation was done through a teams meeting.The anticipated outcome is to was consulted.What are the anticipated outcomes of provide affordable housing,supportive services,street outreach,transitional the consultation or areas for improved coordination? housing or hospice,respite care or hospital step-down. 21 Agency/Group/Organization HUD Climate Communities Technical Assistance through IEM Consultant Agency/Group/Organization Type Other government-Federal What section of the Plan was addressed by Housing Need Assessment Consultation? Hazard Mitigation Briefly describe how the Agency/Group/Organization Consultation was done through a monthly virtual meeting.The City participates was consulted.What are the anticipated outcomes of in monthly meetings as the Larger Coastal Peer Cohort for technical assistance. the consultation or areas for improved coordination? The anticipated outcome is that Corpus Christi participation will be used to identify hazard issues associated with climate change,management of flood prone areas,drought and other significant weather events impacting the community. 22 Agency/Group/Organization Foster Angels Agency/Group/Organization Type Services-Health Non-Profit What section of the Plan was addressed by Homelessness Needs-Unaccompanied youth Consultation? Homelessness Strategy Briefly describe how the Agency/Group/Organization Consultation was done through a phone call.The anticipated outcome is to was consulted.What are the anticipated outcomes of coordination between the City and the agency to establish a partnership for the consultation or areas for improved coordination? homeless strategy to assist foster youth aging out of the foster care system and potential funding in the future. Annual Action Plan 15 2024 OMB Control No:2506-0117(exp.09/30/2021) 23 Agency/Group/Organization Emergency Operations Center Agency/Group/Organization Type Other government-County Other government-Local Other government-Multi-Jurisdiction What section of the Plan was addressed by Housing Need Assessment Consultation? Hazard Mitigation Briefly describe how the Agency/Group/Organization EOC is responsible for developing Multi-Jurisdictional Hazard Mitigation Action was consulted.What are the anticipated outcomes of Plan.The Multi-jurisdictional efforts include participation from regional and the consultation or areas for improved coordination? state agencies including Nueces County EOC,and City's EOC,Public Works, Engineering Corpus Christi Fire Department,Corpus Christi Police Department, National Weather Services and NOAA.The anticipated outcome is to identify hazard issues associated with climate change,significant weather events including areas with increased flood risk. The City is engaged with multiple stakeholders and state and federal agencies about increasing the available water resources to Corpus Christi on a monthly basis and performs full scale exercises. 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. Annual Action Plan 16 2024 OMB Control No:2506-0117("p.09/30/2021) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Texas Homeless Network Funding proposals in the Strategic Plan provide assistance to preserving housing units and preventing homelessness. CC Parks,Recreation,&Open Strategic Plan goals for improving community infrastructure provide assistance Spaces Master Plan City of Corpus Christi to parks&recreational spaces that benefit low to moderate income residence of Corpus Christi. Corpus Christi's Citizen The Citizen Participation Plan was used to help navigate citizen participation Participation Plan City of Corpus Christi 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 support the City's Comprehensive Plan overall long- 2016 term community development vision. Nueces County Multi- Corpus Christi Office of Strategic Plan goals were influenced by the issues identified in the Hazard Jurisdictional Hazard Mitigati Emergency Management Mitigation Plan. Table 3—Other local/regional/federal planning efforts Narrative(optional) Internet Service providers participated in a consultation conducted for the AAP. In addition,the City consulted with the local library regarding the utilization of the library mobile hotspots available for checkout.A Federal Communications Commission(FCC)map was used to assess the broadband needs of housing occupied by low-and moderate-income households.The FCC National Broadband Map was used to provide data on the broadband internet service providers in Corpus Christi and provide data on the number of households with both fixed and mobile broadband internet. Annual Action Plan 17 2024 OMB Control No:2506-0117("p.09/30/2021) AP-12 Participation—91.105,91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting A series of Public Meetings and Technical Assistance(TA)workshops were conducted on for the City's FY2025/PY2024 AAP which include CDBG, ESG,and HOME Programs on:February 28,2024,February 29,2024,March 3,2024,March 6,2024,and March 7,2024. TA meetings occurred on April 4,2024. The purpose of the Public Meetings was to help to identify housing and community development needs and establish priorities for HUD funding over the FY2025/PY2024 Annual Action Plan.The TA workshops 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 FY2025/PY2024 will be held on July 16,2024,during the scheduled City Council meetings to receive public comment. The City also undertook several measures in an effort to broaden public participation.In addition to the public hearings/meeting,the City conducted several virtual and one-on-one meetings,and calls with local stakeholders including affordable housing agencies,homeless service providers,social service providers,health care and mental health providers,and Texas Homeless Network-the Texas Balance of State Continuum of Care. The purpose of these public meetings was to assess needs assessment to obtain the views and comments of individuals concerning the City's housing and community development needs for the year and align with the 5-Year Con Plan priorities.For those who were unable to attend the meetings in person the meetings were live on Facebook and the City's YouTube Channel. In efforts to broaden citizen participation efforts,the public meeting and TA schedule was published in the Corpus Christi Caller Times,in both English and Spanish. Annual Action Plan 18 2024 OMB Control No:2506-0117(exp.09/30/2021) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments URL(If response/attendance comments received not accepted applicable) and reasons February 28 District 3 (6 attendees), Non- February 29 District 1 targeted/broad (8 attendees),March Citizens provided Comments will be community 3 District 2(5 1 Public Meeting input on included after public attendees),March 6 community needs. comment period. City Council District 4(7 Districts attendees),and March 7 District S(8 attendees) Annual Action Plan 19 2024 OMB Control No:2506-0117(exp.09/30/2021) 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 Participants All comments were providers,housing provided input on accepted.See Citizen 2 Consultations Stakeholders developers, community needs Participation section community and priorities. for extensive notes. 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 Annual Action Plan 20 2024 OMB Control No:2506-0117("p.09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments URL(If response/attendance comments received not accepted applicable) and reasons Citizen Participation Appendix X. One comment was Public Hearing/First Non- received.See 3 Public Hearing targeted/broad Reading of attached citizen All comments were Ordinance: accepted. community participation 7/16/2024 comments. Non- Second Reading of No comments were All comments were 4 Council Agenda targeted/broad Ordinance: received. accepted. community 7/23/2024 Table 4—Citizen Participation Outreach Annual Action Plan 21 2024 OMB Control No:2506-0117(exp.09/30/2021) Expected Resources AP-15 Expected Resources—91.220(c)(1,2) Introduction Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description of Funds Annual Program Prior Year Total: Amount Allocation: Income: Resources: $ Available $ $ $ Remainder of Con Plan CDBG public- Acquisition The estimated expected amount federal Admin and available for the remainder of the Planning Con Plan is three times the 2024 Economic annual allocation. Development Housing Public Improvements Public Services 2,659,704 300,000 175,684 3,135,388 7,979,112 Annual Action Plan 22 2024 OMB Control No:2506-0117(exp.09/30/2021) Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description of Funds Annual Program Prior Year Total: Amount Allocation: Income: Resources: $ Available $ $ $ Remainder of Con Plan HOME public- Acquisition The estimated expected amount federal Homebuyer available for the remainder of the assistance Con Plan is three times the 2024 Homeowner rehab annual allocation.Dan Curtis payoff Multifamily rental $45k for prior year resources new construction consideration. Multifamily rental rehab New construction for ownership TBRA 1,119,386 250,000 0 1,369,386 3,358,158 ESG public- Conversion and The estimated expected amount federal rehab for available for the remainder of the transitional Con Plan is three times the 2024 housing annual allocation. Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 234,083 0 0 234,083 702,249 Table 5-Expected Resources—Priority Table Annual Action Plan 23 2024 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 The City plans to optimize HOME funds to supplement the Texas Department of Housing and Community Affairs'Low-Income Housing Tax Credit (LIHTC)projects,a trend expected to continue into FY2025/PY2024.The City will set aside 15 percent of HOME funds for specific activities to be undertaken by a special type of nonprofit called a Community Housing Development Organization(CHDO). ESG funding will be fully matched(minus administrative costs)by each subgrantee.Additionally,the City augments CDBG funds allocated for park or facility enhancements by allocating general funds towards project expenses or addressing improvements for parks not meeting CDBG criteria.For instance,the Nutrition Education Center,facilitating Meals on Wheels programs and serving as a disaster meal kitchen,receives support. The Homeless Services and Workforce Housing(HSWH)Division under PCDD focuses on homeless service initiatives.Funded by the City's General Fund,HSWH actively pursues grants like the Homeless Housing and Services Program(HHSP)and private donations.This strategic approach allows HSWH staff to focus efforts on homeless needs and foster local collaborations with social service agencies,developers,builder associations,private industry,educational institutions,hospitals,and City departments to devise policies aimed at removing barriers. Annual Action Plan 24 2024 OMB Control No:2506-0117("p.09/30/2021) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Discussion The City is working with four non-profit and one for-profit housing developers to provide low market and affordable infill housing products for a mix of income ranges on the former Mirabeau B. Lamar Elementary School site and additional city-owned parcels in the surrounding neighborhood. While a 72- unit Low-income housing tax credit project for senior residents is proposed on the former elementary school site and the lots just to the north, an additional 40 single-family housing units are proposed to be constructed on vacant lots throughout the adjacent neighborhood.The infill housing development is intended to aid the city with meeting local housing affordability needs, stabilizing an established neighborhood, and benefitting the residents of this deeply-rooted community, which are majority Hispanic or Latino and low-income households, by creating opportunities to build generational wealth. Annual Action Plan 25 2024 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 Indicator Order Year Year Area 1 Housing Repair 2023 2027 Affordable Citywide Increase and CDBG: Homeowner Housing Housing Maintain $1,143,530 Rehabilitated:45 Household Affordable Housing Unit Housing 2 Housing Rehabilitation 2023 2027 Affordable Citywide Increase and HOME: Homeowner Housing Housing Maintain $344,916 Rehabilitated:2 Household Affordable Housing Unit Housing 3 Increase and Maintain 2023 2027 Affordable Citywide Increase and HOME: Rental units constructed:72 Affordable Housing-New Housing Maintain $587,531 Household Housing Unit Con Affordable Housing 4 Homebuyer and Builder 2023 2027 Affordable Citywide Increase and HOME: Homeowner Housing Added:12 Program Housing Maintain $300,000 Household Housing Unit Affordable Housing Annual Action Plan 26 2024 OMB Control No:2506-0117("p.09/30/2021) Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 5 Public 2023 2027 Public Facilities CDBG Public Facility CDBG: Public Facility or Infrastructure Facilities/Infrastructure Low/Mod Improvements $650,700 Activities other than Improvement Tracts Low/Moderate Income Housing Benefit:8710 Persons Assisted 6 Homeless Emergency 2023 2027 Homeless Citywide Address ESG: Public service activities other Shelter and Operational Homelessness $216,527 than Low/Moderate Income Support Housing Benefit:840 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit:356 Households Assisted 7 Code Enforcement 2023 2027 Non-Housing CDBG Increase and CDBG: Housing Code Community Low/Mod Maintain $390,642 Enforcement/Foreclosed Development Tracts Affordable Property Care:1500 Household Housing Housing Unit 8 Senior Services 2023 2027 Non-Homeless CDBG Public Services CDBG: Public service activities other Special Needs Low/Mod $65,000 than Low/Moderate Income Tracts Housing Benefit:50 Persons Assisted 9 Planning and 2023 2027 Administration Citywide Administration CDBG: Other:1 Other Administration and Planning $885,516 HOME: $136,939 ESG: $17,556 Table 6—Goals Summary Annual Action Plan 27 2024 OMB Control No:2506-0117("p.09/30/2021) Goal Descriptions 1 Goal Name Housing Repair Goal The Minor Home Repair Grant Program assists 45 homeowners with a grant to provide repairs involving the roof, Description 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). 2 Goal Name Housing Rehabilitation Goal The Single-Family Rehabilitation Loan Program benefits only low and very low-income homeowners.The program Description 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.2 homes 3 Goal Name Increase and Maintain Affordable Housing-New Con Goal Construct 72 units of affordable senior housing at 2212 Morris Street.Project dependent on 9%LIHTC funding. Description 4 Goal Name Homebuyer and Builder Program Goal come dream.come build.Will assist low-income first-time homebuyers with downpayment and closing cost assistance. Description Serving a minimum of 12 families with up to$25,000. Annual Action Plan 28 2024 OMB Control No:2506-0117(exp.09/30/2021) 5 Goal Name Public Facilities/Infrastructure Improvement Goal HEB Tennis Complex and Pool-HEB Park is a full-service municipal park designated as a community/regional park.The Description park offers tennis,swimming pool,handball,park and playground that offers residents a variety of programs.The tennis courts increase their skill level and knowledge of the sport.HEB Park is located in an underserved area that would greatly benefit from park amenities that improve the health and well-being of its residents.The Park offers a large public tennis facility attracting city-wide participation.Funding will be used to make parking lot and park amenities improvements.HEB Park at 1501 Shely Street,CCTX 78404 located within two low-mod-income block groups.The parking lot and pool area south of Shely Street is in Block Group 3,Census Tract 15,Nueces County,Texas,with an 82%low-mod population share. The north area with tennis courts is in Block Group 2,Census Tract 15,Nueces County,Texas with a 64%low-mod-share. The Salvation Army-Facility Improvements:The proposed project involves the installation of 1,150 feet of perimeter fencing around the shelter and administrative offices to address safety and security concerns for homeless residents. 6 Goal Name Homeless Emergency Shelter and Operational Support Goal Corpus Christi Hope House(CCHH):$116,527—CCHH will provide emergency shelter(ES),homeless prevention assistance Description (HP),rapid rehousing assistance(RRH),and other supportive services to the homeless and at-risk of homelessness individuals in our community.Specifically,CCHH is allocating$69,900 for ES,35,020 for HP and 11,607 for RRH. Salvation Army$100,000:TSA will provide case management,food,shelter,homeless prevention,rapid rehousing and supportive services to those who are homeless or at-risk of homelessness.Specifically,TSA is allocating$60,000 for ES,$20,000 for HP and$20,000 for RRH. Annual Action Plan 29 2024 OMB Control No:2506-0117("p.09/30/2021) 7 Goal Name Code Enforcement Goal Housing Code Enforcement/Foreclosed Property Care: 1500 Household Housing Units Description This request is to fund full salaries for five Code Enforcement Officers to complete inspections in low-moderate income block groups where the enforcement together with public or private improvements, rehabilitation, or services may be expected to arrest the decline of the area. 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 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. 8 Goal Name Senior Services Goal One-time or short-term efforts to remove trash and debris from neighborhoods.Examples include neighborhood cleanup Description campaigns and graffiti removal.50 Households assisted. 9 Goal Name Planning and Administration Goal Planning,Administration,and Program Delivery for the CDBG,HOME,and ESG programs. Description Annual Action Plan 30 2024 OMB Control No:2506-0117(exp.09/30/2021) Projects AP-35 Projects — 91.220(d) Introduction The City of Corpus Christi receives funding from three federal grant programs, CDBG Program, the HOME, and the ESG Program. The FY2025/PY2024 annual allocations will receive the following for the three grant programs: $2,659,704 in CDBG funds; $1,119,386 in HOME funds; and $234,083 in ESG funds. An additional $300,000 from CDBG Program Income and $175,684 in CDBG reprogrammed funds. Also, $250,000 in HOME Program Income is included. The total resources for the 2nd year of the Consolidated Plan are $4,738,857. Projects # Project Name 1 Grant Monitoring- Minor Home Repair Grant Program 2 HEB Tennis Complex and Pool 3 The Salvation Army-Facility Improvements 4 Grant Monitoring- CDBG Program Administration 5 Grant Monitoring- Program Delivery 6 Grant Monitoring- Emergency Solutions Grant (ESG) Program Administration/Projects 7 Grant Monitoring- Single Family Rehabilitation 8 TG110, Inc. Palms at Morris 9 come dream.come build. Homebuyer Assistance Program 10 HOME Grant Monitoring- Program Administration 11 Code Enforcement Program Staffing 12 Neighborhood Cleanups Table 7-Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The projects outlined above were chosen from a pool of project proposals aligned with the priorities set in the 2023-2028 Five-Year Con Plan. They address the needs identified in the Needs Assessment section and were prioritized based on available funding. Additionally, we took into account organizational competencies, favoring those organizations with a proven track record of successful project management when making selections. Annual Action Plan 31 2024 OMB Control No:2506-0117(exp.09/30/2021) AP-38 Project Summary Project Summary Information Annual Action Plan 32 2024 OMB Control No:2506-0117(exp.09/30/2021) 1 Project Name Grant Monitoring- Minor Home Repair Grant Program Target Area Citywide Goals Supported Housing Rehabilitation Needs Addressed Increase and Maintain Affordable Housing Funding CDBG: $1,143,530 Description The Minor Home Repair Grant Program assists 50 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 9/30/2025 Estimate the number 45 very low-income 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. 2 Project Name HEB Tennis Complex and Pool Target Area Citywide Goals Supported Public Facilities/Infrastructure Improvement Needs Addressed Public Facility Improvements Public Infrastructure Improvements Funding CDBG: $650,700 Description HEB Park is located in an underserved area that would greatly benefit from park amenities that improve the health and well-being of its residents. The Park offers a large public tennis facility attracting city- wide participation. Funding will be used to make parking lot and park amenities improvements. HEB Park at 1501 Shely Street, CCTX 78404 located within two low- mod-income block groups. The parking lot and pool area south of Shely Street is in Block Group 3, Census Tract 15, Nueces County,Texas, with an 82% low- mod population share. The north area with tennis courts is in Block Group 2, Census Tract 15, Nueces County,Texas with a 64% low- mod-share. Annual Action Plan 33 2024 OMB Control No:2506-0117(exp.09/30/2021) Target Date 9/30/2026 Estimate the number 6,645 low-mod persons and type of families that will benefit from the proposed activities Location Description 1501 Shely Street and 1502 Shely Stree, Corpus Christi, Texas 78404 Planned Activities HEB Park is located in an underserved area that would greatly benefit from park amenities that improve the health and well-being of its residents. The Park offers a large public tennis facility attracting city- wide participation. Funding will be used to make parking lot and park amenities improvements. HEB Park at 1501 Shely Street, CCTX 78404 located within two low- mod-income block groups. The parking lot and pool area south of Shely Street is in Block Group 3, Census Tract 15, Nueces County,Texas, with an 82% low- mod population share. The north area with tennis courts is in Block Group 2, Census Tract 15, Nueces County,Texas with a 64% low- mod-share. 3 Project Name The Salvation Army-Facility Improvements Target Area Citywide Goals Supported Public Facilities/Infrastructure Improvement Needs Addressed Public Facility Improvements Address Homelessness Funding CDBG: $150,700 Description The proposed project involves the installation of 1,150 feet of perimeter fencing around the shelter and administrative offices to address safety and security concerns for homeless residents. Target Date 9/30/2025 Estimate the number 2065 persons and type of families that will benefit from the proposed activities Location Description 1804 Buford Street, Corpus Christi,Texas 78404 Planned Activities The proposed project involves the installation of 1,150 feet of perimeter fencing around the shelter and administrative offices to address safety and security concerns for homeless residents. Annual Action Plan 34 2024 OMB Control No:2506-0117(exp.09/30/2021) 4 Project Name Grant Monitoring- CDBG Program Administration Target Area Citywide Goals Supported Planning and Adminstration Needs Addressed Administration and Planning Funding CDBG: $356,785 Description This request funds 6 FTEs. 1 Management Analyst at about 50%; 1 Contract Administrator at about 50%; 1 Contract Administrator at about 65%; 1 Grant Monitoring Program Coordinator at about 50%; Community Development Program 1 Assistant Director at about 45%. 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 9/30/2025 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 Planned Activities 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. 5 Project Name Grant Monitoring- Program Delivery Target Area Citywide Goals Supported Planning and Administration Annual Action Plan 35 2024 OMB Control No:2506-0117(exp.09/30/2021) Needs Addressed Administration and Planning Funding CDBG: $528,731 Description This request funds 6 FTEs. 1 Program Manager at about 55%; 2 Rehabilitation Specialists at about 95%; 1 Housing Program Coordinator at about 90%; 2 Program Specialist at about 95%.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 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. Target Date 9/30/2025 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 Annual Action Plan 36 2024 OMB Control No:2506-0117(exp.09/30/2021) Planned Activities 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 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. 6 Project Name Grant Monitoring- Emergency Solutions Grant(ESG) Program Administration/Projects Target Area Citywide Goals Supported Homeless Emergency Shelter and Operational Support Needs Addressed Address Homelessness Funding ESG: $234,083 Description Corpus Christi Hope House (CCHH): $116,527- CCHH will provide emergency shelter (ES), homeless prevention assistance (HP), rapid rehousing assistance (RRH), and other supportive services to the homeless and at-risk of homelessness individuals in our community. Specifically, CCHH is allocating$69,900 for ES, $35,020 for HP and $11,607 for RRH. Salvation Army$100,000:TSA will provide case management, food, shelter, homeless prevention, rapid rehousing and supportive services to those who are homeless or at-risk of homelessness. Specifically,TSA is allocating$60,000 for ES, $20,000 for HP and $20,000 for RRH. ESG Grant Monitoring Admin: $17,556 Target Date 9/30/2025 Estimate the number Salvation Army-408 very low- income persons and type of families Corpus Christi Hope House-432 very low- income Persons that will benefit from the proposed activities Location Description Citywide Annual Action Plan 37 2024 OMB Control No:2506-0117(exp.09/30/2021) Planned Activities Corpus Christi Hope House (CCHH): $116,527—CCHH will provide emergency shelter (ES), homeless prevention assistance (HP), rapid rehousing assistance (RRH), and other supportive services to the homeless and at-risk of homelessness individuals in our community. Specifically, CCHH is allocating$69,900 for ES, $35,020 for HP and $11,607 for RRH. Salvation Army$100,000: TSA will provide case management,food, shelter, homeless prevention, rapid rehousing and supportive services to those who are homeless or at-risk of homelessness. Specifically, TSA is allocating$60,000 for ES, $20,000 for HP and $20,000 for RRH. ESG Grant Monitoring Admin: $17,556 7 Project Name Grant Monitoring-Single Family Rehabilitation Target Area Citywide Goals Supported Housing Rehabilitation Needs Addressed Increase and Maintain Affordable Housing Funding HOME: $344,916 Description The Single- Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The program will provide two zero percent deferred forgivable 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. Second Amendment to the FY23/PY22 Annual Action Plan awarding Grant Monitoring- Single Family Rehabilitation project an additional $1,182,626 HOME funds from previously funded HOME projects that were unspent and made available for this activity. Target Date 9/30/2025 Estimate the number 2 Low Income Households and type of families that will benefit from the proposed activities Location Description Citywide Annual Action Plan 38 2024 OMB Control No:2506-0117(exp.09/30/2021) Planned Activities The Single- Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The program will provide two zero percent deferred forgivable 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. 8 Project Name TG110, Inc. Palms at Morris Target Area Citywide Goals Supported Senior Services Needs Addressed Increase and Maintain Affordable Housing Funding HOME: $587,531 Description Construct 72 units of affordable senior housing at 2212 Morris Street. Project dependent on 9% LIHTC funding. Target Date 9/30/2024 Estimate the number 72 families and type of families that will benefit from the proposed activities Location Description 2212 Morris Street, Corpus Christi,Texas 78405 Planned Activities Construct 72 units of affordable senior housing at 2212 Morris Street. Project dependent on 9% LIHTC funding. 9 Project Name come dream.come build. Homebuyer Assistance Program Target Area Citywide Goals Supported Increase and Maintain Affordable Housing- New Con Needs Addressed Increase and Maintain Affordable Housing Funding HOME: $300,000 Description Assist low-income first-time homebuyers with downpayment and closing cost assistance. Serving a minimum of 12 families with up to $25,000. Target Date 9/30/2025 Annual Action Plan 39 2024 OMB Control No:2506-0117(exp.09/30/2021) Estimate the number N/A and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Assist low-income first time homebuyers with downpayment and closing cost assistance. Serving a minimum of 12 families with up to $25,000. 10 Project Name HOME Grant Monitoring- Program Administration Target Area Citywide Goals Supported Planning and Administration Needs Addressed Administration and Planning Funding HOME: $136,939 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, record keeping/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 9/30/2025 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description Citywide Annual Action Plan 40 2024 OMB Control No:2506-0117(exp.09/30/2021) Planned Activities Administrative funds for staff planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, record kee pi ng/repo rti ng 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. 11 project Name Code Enforcement Program Staffing Target Area Citywide Goals Supported Code Enforcement Needs Addressed Increase and Maintain Affordable Housing Funding CDBG: $390,642 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 area. 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 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. Target Date 9/30/2025 Estimate the number 1500 households and type of families that will benefit from the proposed activities Location Description Citywide Annual Action Plan 41 2024 OMB Control No:2506-0117(exp.09/30/2021) Planned Activities Fund full salaries for five full-time Code Enforcement Officer in the Code Enforcement Division of Development Services. 12 Project Name Neighborhood Cleanups Target Area Citywide Goals Supported Senior Services Needs Addressed Public Services Funding CDBG: $65,000 Description One-time or short-term efforts to remove trash and debris from neighborhoods. Examples include neighborhood cleanup campaigns and graffiti removal. Target Date 9/30/2025 Estimate the number 50 households and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities One-time or short-term efforts to remove trash and debris from neighborhoods. Examples include neighborhood cleanup campaigns and graffiti removal. Annual Action Plan 42 2024 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 8-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, senior services, 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 administration. 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 benefit LMI eligible persons and families for all proposed projects other than administration costs which is 10%. Annual Action Plan 43 2024 OMB Control No:2506-0117(exp.09/30/2021) Affordable Housing AP-55 Affordable Housing — 91.220(g) Introduction The City will use its ESG, CDBG, and HOME funds to support rental assistance programs, minor home repairs, construction of new affordable housing, and down payment assistance. The one-year goals for affordable housing in the City for FY2025-PY2024 are as follows: One Year Goals for the Number of Households to be Supported Homeless 38 Non-Homeless 163 Special-Needs 6 Total 207 Table 9-One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 76 The Production of New Units 72 Rehab of Existing Units 47 Acquisition of Existing Units 12 Tota 1 207 Table 10-One Year Goals for Affordable Housing by Support Type Discussion The table describes the one-year goals specifically for the ESG, CDBG, and HOME Program funds as required by 91.220(g): ESG Rapid Rehousing Program: Provide housing relocation, stabilization services and short-and/or medium-term rental assistance as necessary to prevent the individual or family from moving to an emergency shelter, a place not meant for human habitation for households that are Literally Homeless. at-risk of homelessness. (38 households) ESG Homeless Prevention Program: Provide housing relocation, stabilization services and short-and/or medium-term rental assistance as necessary to prevent the individual or family from moving to an emergency shelter, a place not meant for human habitation for households At-Risk of Homelessness. (38 households) HOME Rental Housing Program - Palms at Morris: New construction of 72-rental unit multifamily apartment community which will be at or below 60%AMI. Of the 72 units, 6-units will be section Annual Action Plan 44 2024 OMB Control No:2506-0117(exp.09/30/2021) 504/special needs. (72 households) The HOME Single Family Rehabilitation Program: Will assist homeowners with Demolition and Reconstruction for homes the cost of which equals or exceeds 50 percent of the market value of the structure. This program offers a deferred forgivable loan to eligible homeowners interested in rehabilitating their homes with income limits at or below 80%AMI. SFR program estimated beneficiaries for FY25-PY24 (2 households) The program provides a grant to rehabilitate/repair homes which are less than 50%deteriorated. HOME Program: Will assist first time homebuyers with down payment assistance in the form of grants to low- and moderate-income first-time homebuyers. Down payment assistance can also take the form of a forgivable loan as a second mortgage—a loan in addition to the mortgage secured by the homebuyer. Homebuyer program estimated beneficiaries for FY25-PY24 (12 households) CDBG Minor Home Repair Program: Will assist 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 be at or below 50%AMI. MHR program estimated beneficiaries for FY25-PY24 (45 households) The City of Corpus Christi will leverage city owned property by working with four non-profit and one for- profit housing developers to provide affordable infill housing products for a mix of income ranges on the former Mirabeau B. Lamar Elementary School site and additional city-owned parcels in the surrounding neighborhood. While a 72-unit Low-income housing tax credit project for senior residents is proposed on the former elementary school site and the lots just to the north, an additional 40 single-family housing units are proposed to be constructed on vacant lots throughout the adjacent neighborhood. The infill housing development is intended to aid the city with meeting local housing affordability needs, stabilizing an established neighborhood, and benefitting the residents of this deeply-rooted community, which are majority Hispanic or Latino and low-income households, by creating opportunities to build generational wealth. The HOME ARP Tenant Based Rental Assistance program will help the four qualifying populations with up to two years of rental assistance. (12 households) 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. Annual Action Plan 45 2024 OMB Control No:2506-0117(exp.09/30/2021) AP-60 Public Housing — 91.220(h) Introduction Corpus Christi Housing Authority converted its units through RAID. Actions planned during the next year to address the needs to public housing In the next year, the Corpus Christi Housing Authority is amending applicant preferences to ensure those with the greates need are prioritized. Actions to encourage public housing residents to become more involved in management and participate in homeownership Corpus Christi Housing Authority through its affiliate Thanksgiving Homes, is buidling homes below market value located in low-income areas. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance N/A Discussion N/A Annual Action Plan 46 2024 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) as an ex-officio board member. The City continues to work with HIP to identifying eligible activities for the FY2024-2025 Annual Action Plan. The City also sits on the board of Texas Balance of State Continuum of Care partnering with the Texas Homeless Network and other agencies across the state to address homelessness. 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 Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Eleven service providers participate in weekly coordinated street and encampment outreach. Service providers include substance use disorder treatment, medical services, day services,transitional housing, shelter, mental health services, etc. The participating service providers are holding quarterly resource fairs for unsheltered persons at rotating locations throughout the City. Persons are assessed and signed up for services and programs in the field and appointments are made for follow up services.The City Homeless Outreach Coordinator visits the Mother Teresa Day Shelter multiple times a week to engage with the over 100 daily unsheltered persons served. Engagement includes inquiring about the goals of the unsheltered persons and making connections to services like ID recovery, mental health program appointments, VA appointments, etc.The City created a Homeless Resource Officer in the Corpus Christi Police Department in 2024 who is also in the field making contacts and referrals. The police officer often focuses on the medical care of the unsheltered persons. Each January,the Homeless Issues Partnership 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 Annual Action Plan 47 2024 OMB Control No:2506-0117(exp.09/30/2021) set of entry points; a universal assessment for all person requesting assistance; and effective and appropriate connections to housing and services for all populations. Addressing the emergency shelter and transitional housing needs of homeless persons The funding requested for FY 2025/PY 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. 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. Also, the City works with privately funded Good Samaritan Rescue Mission with individual referrals for unsheltered persons needing 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 includes activities targeting improvements in the areas of rapid rehousing, discharge planning, and homeless prevention. 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. Corpus Christi is a recipient of state Homeless Housing and Services Program funding to serve those literally homeless or at-risk of homelessness.The City, through competitive application process, has awarded these funds to the Nueces Center for Mental Health and Intellectual Disabilities (MHID). MHID uses these funds to provide a Permanent Supporting Housing model in which homeless and at risk of homeless youth and adults are provided with their own unit, which includes a lease. MHID provides supportive service for these clients in an Assertive Community Treatment (ACT) model. This model provides client the ability to engage in a wide variety of supportive services such as mental Annual Action Plan 48 2024 OMB Control No:2506-0117(exp.09/30/2021) health, case management, substance use disorder treatment, peer support, etc. 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. 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.The City also contributes to homeless prevention through the funding of Corpus Christi Hope House and The Salvation Army. Hope House seeks to provide stable housing for individuals at risk of homelessness and transition individuals and families out of homelessness into permanent housing through the rapid rehousing program.The Salvation Army provides emergency shelter support and rapid rehousing as well for homeless individuals and those at risk of homelessness. The City collaborates with external agencies to make funding available and establishes partnerships with both public and private local organizations in various sectors, including social services, health, mental health,foster care, youth facilities, and corrections programs to help low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families.The Homeless Outreach Coordinator closely collaborates with the Corpus Christi Police Department Crisis Intervention Team and multiple agency partners in coordinated outreach endeavors to assist the most vulnerable population daily. Moreover,the Coordinator assists in inclement weather planning by collaborating with CCPD, Animal Care Services, local shelters, hospitals, and mental health institutions to guarantee transportation and shelter availability. Discussion N/A Annual Action Plan 49 2024 OMB Control No:2506-0117(exp.09/30/2021) AP-75 Barriers to affordable housing — 91.220(j) Introduction: The City updated its Analysis of Impediments to Fair Housing (AI) in 2018. The City will continue to address the impediments included in the current Al. The primary barriers to 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. 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 Over the course of the past couple of years, the City's Planning and Community Development Department(PCDD) continued to reduce barriers to affordable housing, by implementing the following strategies: • Coordinated efforts with Development Services Department to streamline permitting, allow provisions for eligible building code variances and emergency post disaster emergency construction of Minor Home Repair and Single-Family Rehabilitation programs funded by HUD. • Revision of internal housing program policies and procedures to align with local revised building codes regarding accessory uses and structures and accessory dwelling units. • The City's Development Services Department, by City Ordinance, provides a savings of up to pre- development permit costs to non-profits developing affordable housing. • The City met with local non-profit service providers, regional housing developers, and other stakeholders, to develop a public-private partnership for a property development project to increase the availability of affordable housing in Corpus Christi at a Former Lamar Elementary Site & Nearby Neighborhood Parcels. • During Fair Housing Month,the city provides a fair housing informational flyer insert into all utility bills. This flyer will provide information related to tenants' rights as they relate to fair housing laws. • PCDD will update the City's current Analysis of Impediments during the next five years. This will include an update to the current Fair Housing Action Plan to include updated strategies to address impediments to fair housing in the City. It should be noted, non-governmental barriers, primarily market factors such as elevated land costs and construction costs, and high prevailing market prices for housing, have been the primary challenges facing jurisdictions in the region, including Corpus Christi, in recent years, not public policies. These Annual Action Plan 50 2024 OMB Control No:2506-0117(exp.09/30/2021) barriers are addressed, within the City's limited ability to address them,through the housing activities listed in the City's Annual Action Plan and through the goals and policies listed for affordable housing. Discussion: N/A Annual Action Plan 51 2024 OMB Control No:2506-0117(exp.09/30/2021) AP-85 Other Actions — 91.220(k) Introduction: This section of the AAP describes the City's planned actions to carry out the following strategies outlined in the Strategic Plan: • Foster and maintain affordable housing, • Rehabilitate housing for existing homeowners • Homebuyer program • New construction of multifamily residential rental units for senior citizens and • Public Facility Improvements Actions planned to address obstacles to meeting underserved needs The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state, and other local sources, the high cost of housing that is not affordable to low- income people and the lack of availability of home repair financing in the private lending industry.To address these obstacles, the City is investing CDBG funds through the FY2025/PY2024 Annual Action Plan in projects that provide grants to low-and moderate-income homeowners for home improvements and public facility improvements; and HOME funds for projects that provides zero percent deferred forgivable loans for housing rehabilitation programs and homebuyer programs to low- and moderate-income people. The City is working with four non-profit and one for-profit housing developers to provide affordable infill housing products for a mix of income ranges on the former Mirabeau B. Lamar Elementary School site and additional city-owned parcels in the surrounding neighborhood. While a 72-unit Low-income housing tax credit project for senior residents is proposed on the former elementary school site and the lots just to the north, an additional 40 single-family housing units are proposed to be constructed on vacant lots throughout the adjacent neighborhood. The infill housing development is intended to aid the city with meeting local housing affordability needs, stabilizing an established neighborhood, and benefitting the residents of this deeply-rooted community, which are majority Hispanic or Latino and low-income households, by creating opportunities to build generational wealth. The City leverages ESG funding by providing staff from the Homeless Services and Workforce Housing Division (HSWH)to provide community outreach for improving homeless persons access to mainstream benefits and services. The HSWH team also provides technical assistance to the Homeless Issues Partnerships group. The City meets regularly with the entities to discuss and establish strategies to facilitate homeless initiatives including research and establishing partnerships with local agencies for potential projects. In addition to having a staff member sit on the HIP board, the HSWH sits on the TX BoS CoC. Filling this Annual Action Plan 52 2024 OMB Control No:2506-0117(exp.09/30/2021) seat showcases the City of Corpus Christi as a subject matter expert in ESG related funding to the TX BoS CoC. This seat allows the City to strategically position itself in understanding upcoming funding trends, in preparation of future additional funding that could be brought into the City to be used for providing services to special needs populations. The HSWH team is also responsible for the administration and implementation of fair housing programs. CCFHU aims to significantly reduce incidents of housing discrimination through effective outreach and education concerning housing rights to landlords and tenants; and to provide investigation, conciliation, and remediation services. The HSWH Division is funded strictly by the City's general fund. Additionally, the HSWH received grant funding to address homeless issues within the community. These grants include: Cheniere Foundation $200,000-Subgranted to CBCIL: Coastal Bend Center for Independent Living (CBCIL) provided case management and rental assistance services for homeless persons with mental, behavioral, and other disabilities in Corpus Christi, Texas during FY 2021-2022 and FY 2022-2023. During the term of this Agreement, CBCIL provided case management, supportive services, and secure housing for persons with disabilities who are homeless in Corpus Christi, Texas. *See Attachment A Actions planned to foster and maintain affordable housing In the implementation of the FY2025/PY2024 AAP, the City will invest CDBG funds to preserve and maintain affordable housing through the Minor Home Repair Program that will provide grants to low- and moderate-income owners of single-family housing. 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 FY2025/PY2024 AAP. Actions planned to reduce the number of poverty-level families The implementation of CDBG activities meeting the goals established in the Five Year 2023-2028 Con Plan and this year's FY2025/PY2024 Annual Action Plan will help to reduce the number of poverty-level families by: • Supporting activities that expand the supply of housing that is affordable to low-and moderate- income households • Supporting activities that preserve the supply of decent housing that is affordable to low-and moderate-income households. • Supporting housing preservation programs that assure low-income households have a safe, Annual Action Plan 53 2024 OMB Control No:2506-0117(exp.09/30/2021) decent, and appropriate place to live; and • Supporting public facility improvements for low-and moderate-income residents • Supporting new construction of multifamily residential units for senior citizens Actions planned to develop institutional structure The institutional delivery system in Corpus Christi is high-functioning and collaborative—particularly the relationship between local government and the nonprofit sector comprised of a network of capable non-profit organizations that are delivering a full range of services to residents. Strong City departments anchor the administration of HUD grant programs and the housing and community activities that are implemented, support and enhance this existing institutional structure;the City will collaborate with nonprofit agencies receiving CDBG and HOME funds through the FY2025/PY2024 AAP to ensure that the needs of low-and moderate-income residents are met as envisioned within the Five Year 2023-2028 Con Plan. Actions planned to enhance coordination between public and private housing and social service agencies The City has a long track record of successful partnerships among public and private sector entities. The delivery system for the HUD grant programs is no exception. Communication and cooperation between the City's Planning and Community Development Department and the partner agencies and organizations that administer activities is strong. City staff continues to work closely with the other organizations to improve regulatory compliance, monitoring, cooperation and partnerships among agencies and technical capacity of organizations involved in project delivery. To enhance coordination between public and private housing and social service agencies, the City will continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate-income residents in Corpus Christi, particularly the CDBG Target Areas. Discussion: In the implementation of the FY2025/PY2024 AAP, the City will invest CDBG resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead- based paint hazards, reduce the number of poverty-level families, develop institutional structure, and enhance coordination between public and private housing and social service agencies. Annual Action Plan 54 2024 OMB Control No:2506-0117(exp.09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(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 the start of the next program year and that has not yet been reprogrammed 300,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 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 planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 300,000 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. 0.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(I)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is Annual Action Plan 55 2024 OMB Control No:2506-0117(exp.09/30/2021) as follows: The City is not using 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 ten (10)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 ten (10)year affordability period, after the Beginning Date as defined in Section 12 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 AGAINST THE 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 ten (10) years 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 1/120th of the original amount over the ten (10)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 Section 12 of this Agreement, and will continue throughout the period of affordability as long as the home remains the principal residence of the Homebuyer. For Example: For a $5,000 Loan, if the Notice provided to Homebuyer states that the IDIS activity Annual Action Plan 56 2024 OMB Control No:2506-0117(exp.09/30/2021) completion date and therefore the corresponding and equal Beginning Date of the Period of Affordability is January 5, 2020, then on February 5, 2020, March 5, 2020,April 5, 2020 and so on, until the completion of the ten (10)year period of affordability, the Loan will be forgiven by 1/120th of the original amount, or$41.67 a month,for 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 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. *See Attachment B and C 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. Homebuyer agrees to comply with all applicable federal, state and local laws, regulations, rules, and requirements related to the HOME Investment Partnerships Program. Homebuyer also agrees to comply with 24 CFR §92.254, and more specifically 24 CFR §92.254(a) entitled "Qualification as Affordable Housing: Homeownership", as amended, of the Code of Federal Regulations. Homebuyer agrees that the housing being purchased must be a single-family residential unit ("housing unit"). The housing unit may be a single-family house, condo, townhome, or manufactured home. Funds will not be provided to purchase properties with multi-units (i.e. duplex, tri-plex, quad-plex, etc.). In accordance with CFR §92.254(a)(2)(iii), the housing must be modest housing meaning the maximum sales price cannot exceed 95%of the median purchase price for the Annual Action Plan 57 2024 OMB Control No:2506-0117(exp.09/30/2021) 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: Currently,the City has no projects in this category. 5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(I)(2)(vii)). N/A 6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(I)(2)(vii)). N/A 7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(I)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a). N/A Emergency Solutions Grant (ESG) Reference 91.220(1)(4) 1. Include written standards for providing ESG assistance (may include as attachment) See Attachment D. 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. In the Texas Balance of State Continuum of Care (TX BoS CoC), Coordinated Entry(CE) is managed by multiple parties from the CoC level to the regional level.The CoC level parties include the TX BoS CoC Board,Texas Homeless Network, and the Coordinated Entry Steering Committee. At the regional level, the CE process is supervised by each region's Coordinated Entry Planning Entity. Annual Action Plan 58 2024 OMB Control No:2506-0117(exp.09/30/2021) Given its large geographical size,the TX BoS CoC has taken a regional approach to administer Coordinated Entry. By designating regions, local communities are able to play an important role in assessing and communicating their specific needs. This allows the TX BoS CoC to better understand how to best assist every community. Across all 18 designated CE regions,the CE process operates similarly and involves Entry Points, Assessors, and Receiving Agencies. In Corpus Christi,The Salvation Army is the lead Coordinated Entry point. 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). The City makes the ESG allocation available to private nonprofit organizations through a competitive Notice of Funding Availability(NOFA). The NOFA is announced on the website and through a public notice in the local newspaper. The City holds a technical workshop to answer questions about the application and process. The application period is open for at least 30 days. Submitted applications are reviewed for risk, impact, and eligibility. 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. 5. Describe performance standards for evaluating ESG. The City evaluates the performance of ESG through the comparison of proposed beneficiaries compared to actual beneficiaries and the compliance with federal, state, and local rules and regulations related to ESG. Sub-grantee evaluation includes monitoring that begins with the attached Agency Monitoring Standards. Based on the questionnaire answers, payment request supporting documentation, and HMIS reporting, the City evaluates the performance and compliance for ESG. Annual Action Plan 59 2024 OMB Control No:2506-0117(exp.09/30/2021) Caller Times PART OF THE USA TODAY NETWORK Certificate of Publication CITY OF CORPUS CHRIS TI -ACCOUNTS P PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 STATE OF WISCONSIN) COUNTY OF BROWN) I, being first duly sworn,upon oath depose and say that am a legal clerk and employee of the publisher,namely,the Corpus Christi Caller-Times,a daily newspaper published at Corpus Christi in said City and State,generally circulated in Aransas,Bee, Brooks,Duval,Jim Hogg,Jim Wells, Kleberg, Live Oak,Nueces,Refugio,and San Patricio, Counties,and that the publication of which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times in the following issue(s)dated: 0112112024 On this January 21,2024, 1 certify that the attached document is a true and exact copy made by the publisher: Aot,Ltt� Legal Notice Clerk Notary Public, State of isconsi ounty of Brown 9/11 1 z( — Notary Expires VICKY FELTY Notary Public Publication Cost:$1,818.90 State of Wisconsin Ad No:0005874893 Customer No: 1490433 PO#: FY25/PY24 Public Notice Needs #of Affidavits 1 This is not an invoice NOTICE TO THE PUBLIC PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT FY25/PY24 ANNUAL ACTION PLAN PUBLIC MEETING ANNOUNCEMENT Notice is hereby given that the City of Corpus Christi, Texas is currently in the process of preparing its FY24/PY24 Annual Action Plan. The Annual Action Plan (AAP) is a requiremeni for the City's annual funding allocation of Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grant (ESG) funds through the U.S_ Deportment of Housing and Urban Development (HUD). The AAP will serve as a blueprint for the expenditure of these federal funds in the City of Corpus Christi from October 1,2024, to September 30, 2025. Funding amounts for FY251PY24 have not been released by HUD at this time but based on FY24/FY23 funding anticipated HUD funds for FY251PY24 are estimated to be approximately: CDBG: $U63,378 HOME: $1,352,610 ESG: *235,549 Outreach to local housing and community development stakeholders, social service organizations and citizens Is a key element to the Pion development process. These meetings help to Identify housing and community development needs and establish Priorities for HUD funding over the next five Years and amend the City's citizen participation plan. In accordance with the City of Corpus Christi's Citizen Participation Plan. the City will hold community development and housing needs assessment public meetings at the time and locations noted below, The Pubtic meetings are being held to Provide ati City residents with ample opportunity to attend and comment. District 3: 2128124 Corpus Christi Water Utilities, Choke Canyon Room 2726 Holly Rd. (6:00 P.m•7:00 P.m.) District 1: 2/AN Owen R. Hopkins Public Library- 3202 McKlnzie Rd. (6:00 p.m-7:00 P.m.) District 2: 3/4124 Ben F. McDonald Public Library- 4044 Greenwood Dr. (6:00 P.m•7:00 p.m.) District 4: 316124 Janet F. Harte Public Library- 2629 Waldron Rd. (6:00 p.m-7:00 p.m.) District S. 3/7/24 Dr, Clotllde P.Garcia Public Library- 5930 Brockhampton(6:OD p.m-7:00 p.m.) 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 (361) 026.3010, 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 purpose of the public meetings is to: 1. Obtain the views and comments of individuals and organizations concerning the City's housing and community development needs. The information gathered will be used In the preparalion of the PY29PY24 AAP. 2. Review the City's Community Development Block Grant, HOME investment Partnerships and Emergency Solutions Grants Programs and provide an opportunity for the public to comment an program performance. 3. Summarize the AAP process and obtain the views of citizens, Public agencies and others interested in the housing and community development needs of the City. For more information, you may contact Leticia Kenmore, Grant Monitoring Manager,at 361.92&W16. After the required planning and needs assessment activities ore complete, proiects will be solicited based on those needs. The City of Corpus Christi will then Present the FY251PY24 Annual Action Plan. Public notices will be Printed in local newspapers and pasted an the City's websfte at https:Rwww,cctexas.com/gmd AVISO AL PUBLICO DEPARTAMENTO DE PLANIFICACION Y DESARROLLO COMUNITARIO FY251PY24 PLAN DE ACC16N ANUAL ANUNCiO DE LA REUN16N PUBLICA Por to Presente se notiflca que to Ciudad de Corpus Christi, Texas, se encuentra octuglmente en el Procew de PreParor su Proxima Plan de Accton Anual (AAP). El AAP es un requisito Para la aslongcidn onual de fondos de la Ciudad de to Subvencibn en Bloque Para el DesarroHo Comunitarlo (CDBG), el Prosramo de Asociaciones de Inversion HOME (HOME) y to Subvencf6n Para Soluclones de Emeraencia IF Cr.I a frnvi-a Aar nPnnrfnmanM rip Vlivipnrin v Desarrollo 6r6a"no de las Estadas Unldas (HUD). it AAP servir6 Como un plan Para el gusto de estas fondos federales en to Ciudad de Corpus Christi desde el 1 de octubre de 2024 hasty el 30 de septlembre de 2025. Los montos de finonclomienfo Para el a6o FY251PY24 no han sfdo Publlcodos par HUD en este momento, Pero segfin In ffnanclaci6n del ono fiscal PY24PY23, se estima que los tondos anticlpodos de HUD Para el ono fiscol FY25IPY24 serdn oproximadamente: CDBG- $2,663,378 HOME: $1,352,610 ESG: $235,549 El alconce a las pastes Interesadas locales en vivienda y desarrollo comunitarlo, los organizaclones de servlcios sociales y los cludadanos es un elemento clove Para el proceso de desorrollo del plan. Estas reuniones ayudan a Idenitficar Ins necesidades de vivienda y desarrollo comunitarlo y a establecer prioridades Para el flnanclamiento de HUD durance los pr6ximos cinco aitosy enmendar el plan de participacl6n ciudadano de is Ciudad. De ocuerdo con el Plan de Participael6n Ciudodana de In Ciudad de Corpus Christi, In Ciudad Ilevar6 a Cabo luntas p6blicas de desarrollo comunitario y evaluaci6n de necesidades de vivienda en el mornento y lugores quo se Indican a contlnuaci6n. Las luntas p6bilcas se Ileven a cabo porn proporcionar a todos los residenles de la Ciudad una ampiia oportunidad de asistir y comentar. Distrito 3: 2/28/24 5erviclos de aqua de Corpus Christi, Choke Canyon Room-2726 Holly Rd.(6:00 p.m-7:00 p.m.) Distrito is 2/29124 Biblioteca Publica Olden R. Hopkins- 3202 McKinzie Rd. (6:00 p.m-7:00 p.m.) Distrito 2: 3/4/24 Biblioteca Publica Ben F. McDonald- 4044 Greenwood Dr. (6:00 P•m-7:00 P.m.) Distrito C 316/24 Bibliateco Publica Janet F. Harfe- 2629 Waldron Rd. (6:00 p.m-7:00 p.m.) Distrito 5: 3/7124 Biblioteca Publica Dr. Clatilde P. Garcia- 9930 Brockhompton (6:00 p.m-7:00 p.m.) Si rlecosito adaptacianes Pam l0 movilidad fiscca, to discapacidlad sensorial a Ins necesidades lingOisticas porn porticipar en in revni6n, comuniquese Con el Departamento de Plonificacidn y Desarrallo Comunitaria al (361) 826-3010_ La notificoci6n 46 Icarus antes de In reuni6n permifir6 al Depariamento de Planificaci6n y Desarrallo Comunitorio hater arreglos razanables Para garantizar Ea nccesibilidod a la reunidn. El prop6sito de los ivntos publicas es: 1. Obtener lag opiniWes y Camentarias de individuos y oroonizaciones con respecto a ]as necesidades de vivienda y desarrollo comunitarlo de to Ciudad. Lo informaci6n que nerd colectoda se utilizor6 en to Preporocidn del Plan de Accian Anual FY2S/PY24. 2. Para revisor los Progmmas de Subventions en Bloque Para el Desarrollo Comunitario, Asoclaciones de lnver3l4n HOME y Subvenclones Para Solutions de Emergenclo de In Ciudad y Para dorle In oportunidod of a6blico de comentor sabre el desempeno del Programo. 3. De resumir el Proceso del Pion Consolidodo y obtener Ins opinlones de los cludadanos, agenclas p6bllcos y atras Personas Interesadas en las necesidades de vivienda y desarrollo comunitario de la Ciudad. Para obtener mds Informoci6n, Puede comunicorse con Leticia Kanmore, Gerente de Monitoreo de Subvenclones, al 361.826,3816. Despu-6s de completar las actividodes requerldas de planificaci6n y evaluacidn de necesidades, los Provectos serdn solicitados en funcldn de esas necesidades. La Ciudad de Corpus Christl presentard el Plan de Accl6n A.nual FY25/PY24. Los avisos pdbllcos se Imprlmlydn en los periddlcos locales y se publicardn en el sltio web de la Ciudad en https.//Yiww.cctexas.conVgtytd https://www.cctexas.com/detail/fy25py24-annual-action-plan-public-meeting-announcement-anuncio-de-la-reunion-pubIica-del ition—E... M CPD Grants Portal L. v Google D CPD Maps ® Dictionary.com Me... ® SpanishDict Englis... ® Thesaurus com Syn... � rY2b/FY24 AININUAL AC, I IUIV FLAN FUbLl�, MEETING ANNOUNCEMENT / ANUNCIO DE RETURN LA REUNION P U B L I CA DEL PLAN DE « Return to Housing Grants ACCION ANUAL FY25/PY24 NOTICE TO THE PUBLIC PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT FY25/PY24 ANNUAL ACTION PLAN PUBLIC MEETING ANNOUNCEMENT ENGLISH NOTICE Notice is hereby given that the City of Corpus Christi, Texas is currently in the process of preparing its FY25/PY24 Annual Action Plan. The Annual Action Plan (AAP) is a requirement for the City's annual funding allocation of Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grant (ESG) funds through the U.S. Department of Housing and Urban Development (HUD). The AAP will serve as a blueprint for the expenditure of these federal funds in the City of Corpus Christi from October 1, 2024, to September 30, 2025. Outreach to local housing and community development stakeholders, social service organizations and citizens is a key element to the plan development process. These meetings help to identify housing and community development needs and establish priorities for HUD funding over the next five years and amend the City's citizen participation plan. In accordance with the City of Corpus Christi's Citizen Participation Plan, the City will hold community development and housing needs assessment public meetings at the time and locations noted below. The public meetings are being held to provide all City residents with ample opportunity to attend and comment. • District 3: 2/28/24 Corpus Christi Water Utilities, Choke Canyon Room irk 01,11,12, .ITATIQ II1IIIII„ ' slei ii I IOPPORTUNITY HUD GRANT E►XF'ENDITURES �a District 3 Wednesday Feb CCW Choke Canyon Room za 2726 Holly Road District 1 a...day Feb Owen R. Hopkins Library 29 3202 McKinzie Road �a District 2 Mar Ben F. McDonald Public Library oa 4044 Greenwood Drive a� District 4 N� 6 I _ Wednesday Mar Janet F. Harte Public Library 06 2629 Waldron Road District 5 Thursday Mar Dr. Clotilde P. Garcia Library �� l► 07 5930 Brockhampton Street A sessronsrorim p.m. Y 1 p Q Search Facebook Q +Qr ,•• © �� ID City of Corpus Christi-Government ••• � u",w.� .goy•�h l" Intro 31, Like eeply a- --The official Facebook account for The City of Corpus Christi,Texas - Write a comment... (o] Q O vou•re commenting as Bryan Qui[ania. 6 Page Government organization Q 1201 Leopard Street Corpus Christi,TX,United States,Texas ®City of Corpus Christi-Government was live. ••• 9h 0 ` (361)826-2489 The City of Corpus Christi held its second of five public Input sessions to discuss haw funds can be used from the Community Development Block Grant Program,the HOME Investment OO cityofcc Partnerships program,and the Emergency Solutions Grant. Learn mare at https://c,tx.info/42LQd5M. ® cctexas.com #CorpusChristi*HUD#grants#communityinput Promote Website QOpen now.. Photos See all photos administrative and planning �1 qjj Boast this post to reach up to 2253 more people if you spend$42. ...®.. �1 - i Eb Like Q Comment (D Share I op"ONE-1 FITNESS LANE•CL, --a *lTE a.Ke.�..am.....nw. Wd e a comment... Gil Q Q 9 O 0 littps.//studio.youtube.mm/video/8WV, i :5/comments Employee Connect a Kroncs Time Clock ®Storyblocks C Canva 3 Mail t. YouTube Studio p SmugMug ® Council Meeting Ag... City of Corpus Cl ®Storyblocks tM Inbm-ccpubllcm... l Studio Search across your channel Channel content Video comments 0 l z ANNUAL t Published Held for review ACTION PLAN — Filter Your video City of Corpus Christi Con--ity I... @irninc-783•23 minutes ago 0° Details CDBG funds could be used to develop affordable housing units that are energy-efficient and hurricane-resistant,as we discussed earlier.The HOME funds could be used to provide down payment assistance to homebuyers who are interested in purchasing energy-efficient homes.And the ESG funds could be used to support job training programs that teach green skills. (nl) Customization REPLY 0 r=plies - P r�l. Anal © Editor Q Comments Subtitles O Copyright Clips Caller Times PART OF THE USA TODAY NETWORK Certificate of Publication CITY OF CORPUS CHRISTI ACCOUNTS PO BOX 9277 CORPUS CHRISTI, TX 78469-9277 STATE OF WISCONSIN) COUNTY OF BROWN) 1, being first duly,sworn, upon oath depose and say that I am a legal clerk and employee of the publisher,namely,the Corpus Christi Caller-Times,a daily newspaper published atCorpus Christi in said City and State,generally circulated in Aransas, Bee, Brooks, Duval,Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties,and that the publication ofwhich the annexed is a true copy,was inserted in the Corpus Christi Caller-Times on the following dates: 2/18/2024 On this February 21,2024,1 certify thatthe attached document is a true and exact copy made by the publisher: Legal otice Clerk tt tl . t. - � 3 I Notary Public, tate of Wisconsin, County of Brown Notary Expires KATH�EEN ALLEN Publlc Notary cans'in State of \NIs 3 Publication Cost: $1,382.40 Ad No: 0005880543 Customer No: 1490433 PO#: NOTICE TO THE PUBLIC CITY OF CORPUS CHRISTI PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RELEASE OF NOTICE OF FUNDING AVAILABILITY (NOFA) ANNOUNCEMENT OF TECHNICAL ASSISTANCE (TA) WORKSHOP MEETINGS RELATED TO THE CITY'S FY25/PY24 HUD PROGRAMS FOR CDBG/ESG/HOME The City's Planning and Community Development Department (PCDD) is in the process of preparing it's FY25/PY24 Annual Action Plan (AAP) for the City's Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) and HOME Investment Partnerships (HOME) Programs for submission to the U.S. Department of Housing and Urban Development (HUD) before August 15, 2024. As such all interested parties shall submit a Notice of Funding Availability (NOFA) for the CDBG, ESG and HOME Programs. This will allow staff to review and screen all proposals for eligibility and other requirements. One-on-one interviews will be scheduled for all applicants who have not previously received CDBG, ESG, and HOME Program funding for a proiect within the last year or as deemed necessary. These interviews will be scheduled with each organization. Staff will hold a Technical Assistance (TA) workshop meetings for the City of Corpus Christi's FY25/PY24 AAP that includes the CDBG, ESG and HOME Programs. The purpose of the TA workshops are to provide program information, receive comments concerning housing and community needs and answer questions regarding NOFAs and the process. All interested persons are invited to attend any of the following meetings. DATE: April 4, 2024 PLACE AND LOCATION: City Hall, 1201 Leopard Street, 6th Floor Conference Room. MEETING TYPE: TA Workshop TIME: CDBG-9:00 a.m.; ESG-10:00 a.m.; HOME-11:00 a.m. Nonprofit organizations providing services to low- and moderate-income individuals are invited to attend any of the above meetings. 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 (361) 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. Staff will release the FY25-PY24 NOFAs on April 1, 2024. NOFA Applications will be available at the above scheduled TA Workshops and the following website https://www.cctexas.com/gmd and at PCDD, City Hall, 2nd Floor, 1201 Leopard St., Corpus Christi, TX. NOFA Applications shall be emailed to leticiak@cctexas.com due no later than 5:00 p.m. on Wednesday, May 1,2024. NOFAs received after above due dates and times will not be considered. For further information, you may contact Leticia Kanmore, Grant Monitoring Manager, at 361.826.3816. AVISO AL PUBLICO CIUDAD DE CORPUS CHRISTI DEPARTAMENTO DE PLANIFICACI6N Y DESARROLLO COMUNITARIO LANZAMIENTO DE AVISO DE DISPONIBILIDAD DE FONDOS (NOFA) ANUNCIO DE LA JUNTA DE ASISTENCIA TI='CNICA (TA) RELACIONADAS CON LOS PROGRAMAS HUD DE LA CIUDAD PARA EL A O FISCAL 2025/PY2024 PARA CDBG/ESG/HOME El Departamento de Planificacion y Desarrollo Comunitario de la Ciudad (PCDD), esta en el proceso de preparar su Plan de Accion Anual (AAP) Para los Programas de Subvencion en Bloque Para el Desarrollo Comunitario (CDBG), Subvencion Para Soluciones de Emergencia (ESG) y Asociaciones de Inversion HOME (HOME) de la Ciudad Para su presentacion al Departamento de Vivienda y Desarrollo Urbana de los Estados Unidos (HUD) antes del 15 de agosto de 2024. Como tal, Codas las Partes interesadas deberan presentar un Aviso de Disponibilidad de Financiamiento (NOFA) Para los Programas CDBG, ESG y HOME. Esto permitira al personal revisor y examinar Codas las propuestas de elegibilidad y otros requisitos. Se Programaran entrevistas individuales Para todos los solicitantes que no hayan recibido previamente fondos del Programa CDBG, ESG y HOME Para un proyecto en el ultimo a o o seg6n se considere necesario. Estas entrevistas se programaran con cada organizacion. El personal Ilevara a cabo una sesion de iuntas de Asistencia Tecnica (TA) Para el AAP FY25 /PY24 de la Ciudad de Corpus Christi que incluye los programas CDBG, ESG y HOME. El proposito de to mencionado es Para proporcionor informacion sabre el programa, recibir comentarios sabre las necesidades de vivienda y de la comunidad y responder preguntas sabre los NOFA y el proceso. Todas las personas interesadas estan invitadas a asistir a cualquiera de ]as siguientes reuniones. FECHA: 4 de abril de 2024 LUGAR Y UBICAC16N: Ayuntamiento, 1201 Leopard Street,6 planta Sala de conferencias. TWO DE REUNI6N: Taller de asistencia tecnica HORA: CDBG-9:00 a.m.; ESG-10:00 a.m.; HOME-11:00 a.m. Las organizaciones sin fines de lucro que brindan servicios a personas de ingresos baios y moderados estan invitadas a asistir a cualquiera de las reuniones anteriores. Si necesita adaptaciones Para la movilidad fisica, la discapacidad sensorial a las necesidades lingiiisticas Para Participar en la reunion, comuniquese con el Departamento de Planificacion y Desarrollo Comunitario al (361) 826-3010. La notificacion 48 horas antes de la reunion permitira al Departamento de Planificacion y Desarrollo Comunitario hacer arreglos razonables Para garantizar la accesibilidad a la reunion. El personal lanzara los NOFA FY25-PY24 el 1 de abril de 2024. Las solicitudes de NOFA estaran disponibles en las iuntas de asistencia tecnica programados anteriormente y en el siguiente sitio web https://www.cctexas.com/gmd y en PCDD, Ayuntamiento, 2do Piso, 1201 Leopard St., Corpus Christi, TX. Las solicitudes de NOFA se enviaran par correo electronico a Ieticiak@cctexas.com venceran a mos tardar a las 5:00 p.m. del Miercoles 1 de mayo de 2024. Los NOFA recibidos despues de ]as fechas y horas de vencimiento anteriores no seran considerados. Para obtener mos informacion, puede comunicarse con Leticia Kanmore, Gerente de Monitoreo de Subvenciones, al 361.826.3816. NOTICE TO THE PUBLIC CITY OF CORPUS CHRISTI PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RELEASE OF NOTICE OF FUNDING AVAILABILITY (NOFA) ANNOUNCEMENT OF TECHNICAL ASSISTANCE (TA) WORKSHOP MEETINGS RELATED TO THE CITY'S FY25/PY24 HUD PROGRAMS FOR CDBG/ESG/HOME The City's Planning and Community Development Department (PCDD) is in the process of preparing it's FY25/PY24 Annual Action Plan (AAP) for the City's Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) and HOME Investment Partnerships (HOME) Programs for submission to the U.S. Department of Housing and Urban Development (HUD) before August 15, 2024. As such all interested parties shall submit a Notice of Funding Availability (NOFA) for the CDBG, ESG and HOME Programs. This will allow staff to review and screen all proposals for eligibility and other requirements. One-on-one interviews will be scheduled for all applicants who have not previously received CDBG, ESG, and HOME Program funding for a project within the last year or as deemed necessary. These interviews will be scheduled with each organization. Staff will hold a Technical Assistance (TA) workshop meetings for the City of Corpus Christi's FY25/PY24 AAP that includes the CDBG, ESG and HOME Programs. The purpose of the TA workshops are to provide program information, receive comments concerning housing and community needs and answer questions regarding NOFAs and the process. All interested persons are invited to attend any of the following meetings. DATE: April 4, 2024 PLACE AND LOCATION : City Hall, 1201 Leopard Street, 6t" Floor Conference Room. MEETING TYPE: TA Workshop TIME: CDBG-9:00 a.m.; ESG-10:00 a.m.; HOME-11:00 a.m. Nonprofit organizations providing services to low- and moderate-income individuals are invited to attend any of the above meetings. 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 (361) 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. Staff will release the FY25-PY24 NOFAs on April 1, 2024. NOFA Applications will be available at the above scheduled TA Workshops and the following website https://www.cctexas.com/gmd and at PCDD, City Hall, 2nd Floor, 1201 Leopard St., Corpus Christi, TX. NOFA Applications shall be emailed to leticiak@cctexas.com due no later than 5:00 p.m. on Wednesday, May 1, 2024. NOFAs received after above due dates and times will not be considered. For further information, you may contact Leticia Kanmore, Grant Monitoring Manager, at 361.826.3816. AVISO AL POBLICO CIUDAD DE CORPUS CHRISTI DEPARTAMENTO DE PLANIFICACION Y DESARROLLO COMUNITARIO LANZAMIENTO DE AVISO DE DISPONIBILIDAD DE FONDOS (NOFA) ANUNCIO DE LA JUNTA DE ASISTENCIA TECNICA (TA) RELACIONADAS CON LOS PROGRAMAS HUD DE LA CIUDAD PARA EL ANO FISCAL 2025/ PY2024 PARA CDBG/ESG/HOME El Departamento de Planificaci6n y Desarrollo Comunitario de la Ciudad (PCDD), est6 en el proceso de preparar su Plan de Acci6n Anual (AAP) para los Programas de Subvencion en Bloque para el Desarrollo Comunitario (CDBG), Subvencion para Soluciones de Emergencia (ESG) y Asociaciones de Inversion HOME (HOME) de la Ciudad para su presentaci6n al Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD) antes del 15 de agosto de 2024. Como tal, todos las partes interesadas deber6n presenter un Aviso de Disponibilidad de Financiamiento (NOFA) para los Programas CDBG, ESG y HOME. Esto permitir6 al personal revisar y examinar todos las propuestas de elegibilidad y otros requisitos. Se programar6n entrevistas individuales para todos los solicitantes que no hayan recibido previamente fondos del Programa CDBG, ESG y HOME para un proyecto en el 61timo ano o seg6n se considere necesario. Estas entrevistas se programar6n con cada organizaci6n. El personal Ilevar6 a cabo una sesi6n de juntas de Asistencia Tecnica (TA) para el AAP FY25 /PY24 de la Ciudad de Corpus Christi que incluye los programas CDBG, ESG y HOME. El prop6sito de to mencionado es para proporcionar informaci6n sobre el programa, recibir comentarios sobre las necesidades de vivienda y de la comunidad y responder preguntas sobre los NOFA y el proceso. Todas las personas interesadas est6n invitadas a asistir a cualquiera de las siguientes reuniones. FECHA: 4 de abril de 2024 LUGAR Y UBICACION: Ayuntamiento, 1201 Leopard Street, 6a planta Sala de conferencias. TIPO DE REUNION: Taller de asistencia tecnica HORA: CDBG-9:00 a.m.; ESG-10:00 a.m.; HOME-11 :00 a.m. Las organizaciones sin fines de lucro que brindan servicios a personas de ingresos bajos y moderados est6n invitadas a asistir a cualquiera de las reuniones anteriores. Si necesita adaptaciones para la movilidad fisica, la discapacidad sensorial o las necesidades linguisticas para participar en la reunion, comuniquese con el Departamento de Planificacion y Desarrollo Comunitario al (361) 826-3010. La notificaci6n 48 horas antes de la reunion permitir6 al Departamento de Planificacion y Desarrollo Comunitario hacer arreglos razonables para garantizar la accesibilidad a la reunion. El personal lanzar6 los NOFA FY25-PY24 el 1 de abril de 2024. Las solicitudes de NOFA estar6n disponibles en las juntas de asistencia tecnica programados anteriormente y en el siguiente sitio web https://www.cctexas.com/gmd y en PCDD, Ayuntamiento, 2do Piso, 1201 Leopard St., Corpus Christi, TX. Las solicitudes de NOFA se enviar6n por correo electr6nico a leticiak@cctexas.com vencer6n a m6s tardar a las 5:00 p.m. del Miercoles 1 de mayo de 2024. Los NOFA recibidos despues de las fechas y horas de vencimiento anteriores no ser6n considerados. Para obtener m6s informaci6n, puede comunicarse con Leticia Kanmore, Gerente de Monitoreo de Subvenciones, al 361.826.3816. Ol Ln W N O (.0 00 V 0) In .P W 1! ,D l' In• �, Ln CL c 14 n" (A N Cll , n A V ' fu (n m Z co fu CL � to o . �� � � � in m c ` CDm In c Ln ® 3 m ? r+ V QPcr �, ao z s� O�1 U l W N F�� O l0 00 V 0, Cn P W N F, C NIL s c> C' Ob yam, a —• JU ro rL D N ''� r o _• c � N ® � �. v ,� C, rl N sr+ N `Q O w �� C v� W � cr0 cr (° n I Uc� rip r S� k A 1 � o � _F 01 t!1P W N F� O tp 00 V 01 tI1P W N IN • PD N ® PD N c 1p CUIQ v U, TX- n � l n 5 0�1 Ln .�h W N F�� O l0 00 V m (n .P W N 1 3 tN t l� �t 0 CL .p C. >1 I y n. <7 3 �nj ® cr y ® el or z�- �. 3 0) Ln W N f O (D 00 V 0) U1 -0. W o J C. F d r r.' t n \ >� N (n ` ! C. - e. CL Q W Sri c H c� cr �� � t„1 d •• A � L N M A eel �• J • cr Ci, o m 3 � N 1� N N N U'1 Ln W N l0 00 V Ol vi .p W N s � y 1 �i CL CL CL ID CL PA Fit' icu N cr eD tv, c- N N N N N N N Ol (J I P W N O l0 00 -I Ol in 1 tA �. r"� N W � H� C. u CGN ® �' T aj / M R , o � a� cr s Cam# cr S- lu c s cr Q m � v ® 3 �. �► r v 01 Ln W N F�� O ( 00 V 01 Ln p W N N �\ �S .yam` - M S n c 5' � �' + ob C. w > v r , r rn �. (� (A �T .� M 3 4Pb C-L A vi 00 s 1 d r t�9cn V+ ® A P ~ � \\� Cl A << ` O ztCll , �\ c� 470 1 N N N N - 0) Ul p W N O l0 00 V 01 Ui W N F� C7Ell t t � 1 IA . M IA ` M fD � C n w N 0 fu r-# 0 • O A 17, o n� l � Q1 UI P W lD 00 11 0) Ui P W N F� Ul �. fu C c r# cu OR W W � • N O A 3 ® m CN _ J m fD EL CL ` C. (!i (A U, N M yJ r. ® A i '• `� " I-A � qq 7 e r LoA �9 CL n fu , m r � to Community Needs Assessment and Consultation feedback summary To broaden citizen participation efforts,the City held five public meetings,Technical Assistance Workshops and Consultations to acquire needs assessment and feedback from the community. Below is a summary of community feedback. • Corpus Christi faces a significant need for the production of new affordable rental units, as the current housing stock is aging, and there are limited new developments that cater to low-and moderate-income households, as well as those with disabilities. • Owner-occupied rehabilitation assistance is critical, especially for the elderly population,to maintain the city's affordable housing inventory.This assistance should also allow for upgrades to support aging in place and address issues like lead and asbestos abatement. Waitlists for these services must be addressed to ensure timely assistance. • Housing repairs are particularly needed for the elderly population, and efforts to mitigate waitlists are essential to ensure timely assistance. • Acquisition and preservation of housing units are necessary, especially given the rising housing costs and limited supply. Assistance for homebuyers, particularly low and moderate-income individuals, is crucial to promote homeownership. • Public facility improvements, such as those enhancing access to parks, senior centers, pools, and gyms, are essential to improving community services and neighborhood quality of life. • The community identified senior services as a crucial need for the elderly population. • Tenant-Based Rental Assistance is crucial to address the shortage of affordable housing, particularly for the 30%Area Median Income (AMI)target population,which is underserved by the current housing market. • Specialized Tenant-Based Rental Assistance is essential for non-homeless individuals with special needs, such as the elderly and persons with disabilities, including those with HIV/AIDS, substance abuse, mental health diagnoses, and domestic violence victims.The existing housing market fails to provide adequate affordable and accessible housing for these groups. • Funding for homeless services, including emergency shelters, is a pressing need identified by the community to address homelessness effectively. Non-accompanied youth, especially those terming out of the foster care system was also mentioned specifically. • Implementation of a Homeless Management Information System by social service, health, and mental health and supportive service agencies is necessary to improve coordination and delivery of services to the homeless population. • Homebuyer assistance programs was identified as a need in the community. • The community mentioned sidewalk accessibility as a need in Corpus Christi. June 2023 Adopted:August 8, 2023 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 9, 2024 to July 15, 2024 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 AI, 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. S. 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 bythe 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.Other 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:https://www.cctexas.com/,L�md • 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/,i4md • 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: https://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 offices/administration/hudclips/handbooks/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 by the 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) MinorAmendment • 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 there is a change to the Priority Needs,Goals,Objectives,and/or Target Geographies/Areas identified in the Strategic Plan • When new entitlement grants are awarded to the City 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 there is a change to the Annual Goals, Objectives, and/or Target Geographies/Areas identified in the AAP • When a project previously identified in the AAP is cancelled • When a new project that was not previously identified in the AAP is created • When a significant change occurs in the purpose, locations, 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 requestingthe 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 re thap 4-9 days b4 F the Rt r ad beg r 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 -w. ■ . _ . . . - Data ils Of Dec 31,2023(latest) v (Last Updated:5114/24) + Census- corpus Christi.TX Fixed Broadband o. • Broadband Combined ran idtf t Carpus Christi,TX ` Fixed �. Type Residential eckp rP Technology AnyTechnoiogy Speed 10,0/20 Mbps or greater Pct..Coverage Threshold �!0 Mobile I Environment Outdoor Stationary or drn„tr Technology Any Technology R b t n Pct.Coverage Threshold 0 } e U risti p. ¢,O,i -i N Map Legend Zoom Level:9.55 Hex Level:5 Fixed Broadband Mobile Broadband p o Y Fixed and Mobile Broadband NationalFCC Federal III Communications FCC Commission '••'• ' Map Nueces County,TX FCC National Broadband Map,2023-Fixed and Mobile Broadband ServiceHome Location Summary Provider Detail Area Summary Data Download About er�,�tg P riftem Data As Of Dec31,2023(l,—Q v (Last Updated:y:5/28/24) + State� Texas � �®1.e■�� q Texas Percent of Units Covered mo � so }c Portland 80 port Aransas 60 50 Corpus 40 Christi Bay 30 All.e ca Corpus Chris4i 20 10 0 �. 0 210 2 1011 2513 101 250/25 1000/10( Sri cotl P tr ni RW Download/Upload Speed(Mbps) Blsh Map Legend Served Units Percentage INingsville UW U-2045 N01 �20 4045 Zoom Level:9.45 Hex Level:6 �40-6045 �60 8045 ©Mapbox©OpenSlreelM ap Improve this map 80 10045 �^• FCC National Broadband Map $lame LOCR"Su mmy y$o x ew DvW Aria sumrnry DxA Ovm% W Ab" I &oanoxr4 c m.ti wap se++�cc:�.�+sxe rs+tanCarenpxTheeybfd:x4 ��xo7.R1 �se+Yxr$4crt do lPq AP-85 Other Actions — 91.220(k) — Continuation (Attachment A) Actions planned to address obstacles to meeting underserved needs: HHSP $206,068: Through Homeless Housing and Services Program (HHSP), the state provides funding to the nine largest cities in support of services to homeless individuals and families. Allowable activities include construction, development, or procurement of housing for homeless persons; rehabilitation of structures targeted to serving homeless persons or persons at-risk of homelessness; provision of direct services and case management to homeless persons or persons at-risk of homelessness; or other homelessness-related activity as approved by the Department. EHF $64,104: Contributions to the Ending Homelessness Fund will help enhance the number and quality of emergency shelters, prevent families and individuals from becoming homeless, encourage self-sufficiency behaviors and secure stable housing.At such time when contributions will be distributed, a Notice of Funding Availability will be released with equal amounts directed to TDHCA-approved and active ESG providers, including current city or municipality providers. HOME Investment Partnership Program (HOME)—24 CFR 91.220(I)(2) Continuation of#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 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. City of Corpus Christi HOME INVESTMENT PARTNERSHIP PROGRAM RECAPTURE PROVISIONS The City of Corpus Christi,HOME Homebuyer Assistance Program in compliance with 24 CFR 92.254 of the HOME rule,has adopted the following recapture policy,using the HUD acceptable recapture model,Reduction (or Forgiveness)During the Affordability Period. The HOME recapture provisions are established in §92.254(a)(5) and permit the original homebuyer to sell the property to any willing buyer within the affordability period,while the City of Corpus Christi is able to recapture all or a portion of the HOME assistance provided to the original homebuyer. The recapture approach requires that all or a portion of the direct subsidy provided to the homebuyer be recaptured from the net proceeds of the sale. Direct HOME Subsidy-the amount of HOME assistance,including any program income that enabled the homebuyer to buy the unit.It includes down payment,closing costs,interest subsidies,or other HOME assistance provided directly to the homebuyer. It also includes any assistance that reduced the purchase price from the fair market value to an affordable price.Furthermore,if HOME funds are used for the cost of developing a property and the unit is sold below fair market value,the difference between the fair market value and the purchase price is considered to be directly attributable to the HOME subsidy. Net Proceeds-the sales price minus the superior loan repayment(other than HOME funds)and any closing costs. The City of Corpus Christi may require full or partial repayment of the direct HOME subsidy when a subsequent sale occurs during the affordability period. If there are no proceeds or insufficient proceeds to recapture the full amount of HOME investment due,the amount subject to recapture must be limited to what is available from the net proceeds. The period of affordability is based upon the total amount of HOME funds subject to recapture,which is based on the amount of HOME assistance that enabled the homebuyer to purchase the home. This may include any HOME assistance that reduced the purchase price from fair market value to an affordable price,but excludes the amount between the cost of producing the unit and the market value of the property, such as the development subsidy. The recaptured funds must be used to carry out HOME eligible activities within the City of Corpus Christi. The period of affordability for the HOME Homebuyer Assistance Program is five (5)or ten(10)years as outlined in table below.As per HUD regulations,the period of affordability does not begin until the activity is shown as completed in HUD's Integrated Disbursement and Information System ("IDIS"). Therefore,the period of affordability may not start until sometime after the actual execution date of the Agreement and related Deed of Trust and Promissory Note. The period of affordability will however begin on the same date as the IDIS activity completion date. The following table outlines the required minimum HOME affordability periods: HOME Investment Per Unit Minimum Period of Affordability $1,000to $15,000 5 Years $15,001 to $40,000 10 Years Revised 8/2023 Reduction(or Forgiveness)During the Affordability Period: The City of Corpus Christi has chosen to reduce the amount of direct HOME subsidy on a pro-rata basis for the time the homebuyer has owned and occupied the dwelling,measured against the required affordability for its HOME Homebuyer Assistance Program. The HOME Homebuyer Assistance Program will provide a program and income eligible homebuyer with up to $35,000 in HOME assistance. The pro rata amount to be recaptured will be determined by the following formula: #of years in the home x the total direct HOME subsidy=Recapture Amount period of affordability -The number of years the homebuyer occupied the home,divided by the period of affordability; -Multiply the resulting figure by the total amount of direct HOME subsidy originally provided to the homebuyer If there are insufficient net proceeds available to recapture the full amount pro rata amount due,then it is not required to repay the difference between the prorated direct HOME subsidy due and the amount the City of Corpus Christi is able to recapture from available net proceeds. Recapture Example: A homebuyer receives$5,000 of HOME down payment assistance to purchase a home. The total direct HOME subsidy to the homebuyer is $5,000 and requires a 5 year period of affordability. If the homebuyer sells the home in year 3 of the 5 year affordability period,the City of Corpus Christi would forgive 60 percent of the direct HOME subsidy and recapture 40 percent of the direct HOME subsidy,or$2,000 of the HOME investment, assuming that there are sufficient net proceeds available. In summary: The City of Corpus Christi will ensure that a detailed HOME Homebuyer Assistance Program Agreement and Notice of Period of Affordability Agreement that convey the recapture provisions is executed with the homebuyer to ensure that all parties are aware of the specific HOME requirements applicable to the home,such as the period of affordability,principal residency requirement,terms; and conditions of the recapture requirement. The HOME Homebuyer Assistance Program Agreement is a separate legal document that will comply with 24 CFR 92.254 of the HOME rule.As per accordance with the terms and provisions of the HOME Homebuyer Assistance Program Agreement,the City of Corpus Christi through the Notice of Period of Affordability Agreement will provide the homebuyer with the HUD IDIS activity completion date,which is equal to the beginning date of the Period of Affordability. Revised 8/2023 CONTACT INFORMATION Planning and Community Development Department Jennifer Buxton,Assistant Director 1201 Leopard St. Corpus Christi,TX 78401 361-826-3976 Revised 8/2023 General Monitoring Questionnaire City of Corpus Christi Planning and Community Development—Grant Monitoring Division (GMD) Agency Name: Date: Reviewer Name: Program Being Reviewed: Instructions: please respond to the questions in this packet before your site visit. The GMD staff will go over the questions with you to clarify any issues and review your prepared documentation. Please return this questionnaire and supporting documents to GMD at least 7 days in advance of the scheduled monitoring. • If a question asks you to provide a copy for GMD staff to take, have a copy of the document(s) ready for the monitoring visit with the question number marked with tabs, sticky notes, or on the document. These will be taken by GMD staff at the end of the visit. • If a question asks that you have a document available for review, have it ready for the monitoring visit with the question number marked with tabs or sticky notes. This document can be an original; it will not be taken by GMD staff. The following checklist outlines all the documents you should prepare. Have Available for Review L Cost Allocation Plan (Q35) u Documentation of agency practices to L At least two timesheets per employee use small, local, women- and/or minority- (Q36) owned businesses for supplies and L At least three payroll records (Q38) services (Q18) L Transaction source documentation for at Li Financial procedures manual (Q21) least three different types of transactions u Most recent financial audit (Q30) (Q39) u Deposit process documents for at least Provide a copy to GMD two payments/reimbursements (Q40) Li List of agency's board of directors (Q1) a Complete backup documentation for at u Documentation outlining signature least one month's expenditure report authority (Q2) (Q41) Li Conflict of Interest policy (Q10) a Payroll practices and procedures (Q42) Li Confidentiality policy (Q11) a Documentation of match from each Li Release of information form (Q12) source (e.g., MOUs, award letters) (Q43) u Nondiscrimination policies regarding a Complete backup documentation for the beneficiaries and employees (Q13) match expenses for at least one month's L Non-English publications (Q15) expenditure report (Q44) L Payment approval forms (Q22) a Organizational chart with GMD-paid staff L (portion of) Chart of Accounts (Q26) highlighted (Q46) L Proof of Insurance (Q27) a Termination and grievance policy (Q58) L Portion of Agency Budget describing a Written Standards (Q60) expenses, revenue and match for GMD — GMD programs (Q32) General Monitoring Questionnaire 1 Agency Evaluation Questionnaire 1. Provide a copy to GMD of the agency's board of directors and indicate any compensation board members receive for their service. 2. Provide a copy to GMD of documentation outlining who has authority to sign contracts on behalf of the agency. 3. Does your agency comply with all applicable federal, state and local laws, ordinances, and regulations in effect during the performance period of the contract? If not, in what areas is your agency non-compliant? 4. In the last 12 months, please explain if there have been any unique challenges or major changes in the agency's: (please explain the impact of each) • Fiscal well-being • Agency and program leadership • Board of Directors • Purpose or mission • Ability to provide services as outlined in all contracts using GMD funds • Other 5. GMD grantees cannot assign or subcontract administrative work under their agreements with GMD without prior written notification to GMD and authorization from GMD. Has your agency maintained administrative responsibility for all programs contracted with GMD? If not, please explain: 6. Are all required reports submitted in a timely fashion? Reports are not limited to those required by GMD but include reports due to other agencies such as HUD or the Department of Revenue. 7. Is or has your agency been the subject of any current or past suits, claims, or actions of any nature resulting from any of your operations? If yes, please give details: 8. How does your agency conduct the procurement of goods and services? Please explain the process used, including the bidding process where applicable. Were any property/equipment purchases with a value over $2,000 made using GMD funds? If yes, please list: 9. Prior to hiring contractors, do you determine whether they are listed on the federal debarment list? 10. What is your agency's conflict of interest policy? Provide a copy to GMD. Do you provide services or contracts to employees, family members, board members, or any person who is in a decision- making position in the agency? If so, please explain: 11. Does your agency have a confidentiality policy? Provide a copy to GMD. 12. Does the agency have release of information forms signed by all beneficiaries? Provide a copy to GMD. Are program records maintained in a secure, locked area? Where is this area and who has access to this area? 13. Does your agency have a nondiscrimination policy regarding beneficiaries displayed in a conspicuous place? Does your agency have a nondiscrimination policy regarding employment and hiring practices? Provide copies of both documents to GMD. How does your agency ensure equal General Monitoring Questionnaire 2 opportunity treatment for both employees and beneficiaries? What results have been generated by your equal opportunity practices? 14. Are programs and services free from religious requirements? If no, please explain. 15. As individuals your agency serves may not read English, do you have resources and mechanisms in place to communicate with all potential beneficiaries? Provide copies to GMD. 16. In what ways are your facilities accessible to people with disabilities? 17. Are Fair Housing notices posted in a conspicuous place within your agency visible for all to see? 18. Does your agency make every effort to utilize small business, local business, woman-owned, and minority-owned business sources of supplies and services and to hire low to moderate income individuals? Provide copy of records to GMD. 19. What does your agency do to ensure compliance with Drug Free Workplace requirements? 20. How does your agency ensure compliance with anti-lobbying requirements? Person completing this form: Title: Signature of person completing this form: Date: Phone: Email: General Monitoring Questionnaire 3 Financial Management Evaluation Questionnaire FINANCIAL PROCEDURES 21. Does your agency have a Financial Procedures Manual providing guidelines for controlling expenditures, such as purchasing requirements and travel authorizations? Please provide a copy to GMD. 22. What is your agency's payment approval process and who are the persons involved in the process? Please describe that process step-by-step, provide the names/positions of all persons involved and provide copies of the forms used in this process to GMD. 23. Are your fiscal records, blank checks, petty cash, credit cards, etc. secured in a limited-access area? Who has access to these items? 24. Briefly describe your agency's segregation of responsibilities to ensure that no one individual has complete authority over an entire financial transaction (i.e., how do you ensure that the person who opens the mail is not the same person who prepares the bank deposit?) 25. How many signatures are required on checks? 26. Does your agency utilize a chart of accounts? Is each GMD program funding source accounted for separately? Provide a copy of your chart of accounts with Supportive Housing programs highlighted to GMD. 27. Do you have sufficient insurance, fidelity, or surety bonding with theft coverage for board members, employees, and volunteers? If no, please explain. Please provide a copy of proof of insurance to GMD. 28. How frequently are actual GMD program expenditures compared to budgeted amounts? 29. How frequently are bank reconciliations performed? 30. When was the last audit completed, if applicable? Were there any findings? If yes, what were they and how were they resolved? Please provide a copy of your most recent audit to GMD. 31. Have funds received from GMD been utilized to supplant other funds? FUND BALANCES 32. Please provide a copy to GMD staff of your agency's budget describing revenue, expenses and required match for each of the programs funded by Supportive Housing. 33. Are the administrative and project expenditure drawdown requests for all programs on schedule? Is the rate of expenditure unexpectedly fast or slow in any funding category? General Monitoring Questionnaire 4 PROGRAM INCOME (money earned from the use of grant funds) 34. Program income is income that is earned as a result of the grant. Was any program income generated from the program being monitored? If so, what were the sources of program income, how much was generated, and how was it used? Was it reported per the terms of your grant contract and regulations? FINANCIAL DOCUMENTATION 35. Does your agency have a cost allocation plan? Please provide a copy to GMD. If you utilize GMD funds for administrative or indirect costs, how do you allocate these costs? 36. Can employees show on their timesheets hours worked on GMD funded programs? Are all timesheets signed by a supervisor and employee? Please provide for GMD staff to take at least two time sheets for each person paid with funds from the program(s) being monitored. 37. List the salary/hourly wage of all staff and administration paid by GMD program funds. Job title of staff Does this employee charged to this Annual salary or charge time to other GMD Program program hourly wage programs? 38. If salaries, wages, or benefits are being paid by a combination of grant funds, do payroll records clearly define payments among the funding sources? Are charges to the program for salaries, wages and benefits, whether treated as direct or indirect costs, based on payrolls documented in accordance with the generally accepted practices and contract requirements? Please provide three examples of payroll records to GMD. 39. Provide a copy for GMD staff to take of source documentation and cancelled checks (or other documentation if cancelled checks are not available) for at least three different types of transactions funded by the program(s) being monitored. Please attach copies of all source documentation to each cancelled check, e.g., forms, receipts, pay stubs, invoices, purchase orders. 40. Provide documents to GMD showing the deposit process for a minimum of two payments/ reimbursements from check receipt to bank deposit for the program(s) being monitored, e.g., check, check log/mail log, deposit slip, deposit receipt. 41. Provide a copy to GMD of documentation showing how you came up with each number on at least one monthly expenditure report for the program(s) being monitored. Please ensure that the example provided has more than one budget item request (if applicable). If necessary, use highlighting, numbering, and written calculations to make it clear which documentation matches each budget item request. General Monitoring Questionnaire rj 42. Provide a copy to GMD of your payroll practices and procedures related to this program. MATCH (if program being monitored has a match requirement) 43. List match being used as outlined in the contract or application and provide to GMD a copy of the match documentation from each match source, e.g., award letters, volunteer hours, donations, etc. Required Match Match Amount Cash or In GMD Program Amount Match Source Provided Kind? 44. Please provide a copy to GMD of documentation showing how your came up with the match total(s) on at least one monthly expenditure report for the program(s) being monitored. If necessary, use highlighting, numbering, and written calculations to make it clear how you came up with the match total(s). PROGRAM CLOSEOUT 45. Are all financial records being retained for each program and for how long? Please list each GMD- funded program and indicate for how long records are retained. GMD Program Record Retention Period Person completing this form: Title: Signature of person completing this form: Date: Phone: Email: General Monitoring Questionnaire 6 Program Evaluation Questionnaire 46. Please list your agency's hours of operation and geographic areas served. Please provide a copy to GMD of your current organizational chart, highlighting staff paid for with GMD funding. 47. Please outline your agency's hiring practices. Can family members of current staff or board members be hired? 48. As is required by many Supportive Housing programs, please explain how your agency participates in the semi-annual Point-in-Time homeless count events. 49. Does the agency use Homeless Management Information Systems (HMIS) or an HMIS-comparable database? Please list the name of the HMIS or HMIS-comparable database used. 50. Does the agency post the HMIS Consumer Notice in a conspicuous place in the agency? Is the document posted on the agency's website? 51. Have all users of HMIS completed the user agreement and has the agency completed the HMIS Agency Agreement? 52. Does the agency's technology set-up comply with the most recent HMIS Data Standards? 53. To receive services, are program beneficiaries required to engage in any activities beyond those outlined in your grant contract? If yes, please describe those activities. 54. Describe your agency's involvement in the local Continuum of Care (CoC). What roles does your agency have in the continuum? 55. What percentage of the agency's staff retired, resigned, were re-assigned, dismissed or otherwise left the agency in the past 12 months? Please explain. 56. Please outline how your agency staff are trained in the following areas: • Nondiscrimination • Client's rights • Confidentiality • Health and safety • Contract requirements • Program operations 57. Does the agency have representation of a person who is homeless or formerly homeless on the board of directors or a policy-making entity? 58. Does the agency have a termination policy and grievance policy that is presented to and signed by every client? Provide a copy to GMD. General Monitoring Questionnaire 7 59. Are all program/client records being retained for each program and for how long? Please list each GMD funded program and indicate for how long records are retained. GMD Program Record Retention Period 60. Provide a copy to GMD of the agency's Written Standards for the provision of Homelessness Prevention and Rapid Rehousing assistance. Person completing this form: Title: Signature of person completing this form: Date: Phone: Email: General Monitoring Questionnaire 8 June 2023 Adopted:August 8, 2023 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 9, 2024 to July 15, 2024 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 AI, 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. S. 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 bythe 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.Other 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:https://www.cctexas.com/,L�md • 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/,i4md • 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: https://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 offices/administration/hudclips/handbooks/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 by the 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) MinorAmendment • 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 there is a change to the Priority Needs,Goals,Objectives,and/or Target Geographies/Areas identified in the Strategic Plan • When new entitlement grants are awarded to the City 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 there is a change to the Annual Goals, Objectives, and/or Target Geographies/Areas identified in the AAP • When a project previously identified in the AAP is cancelled • When a new project that was not previously identified in the AAP is created • When a significant change occurs in the purpose, locations, 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 requestingthe 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 re thap 4-9 days b4 F the Rt r ad beg r 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 FY 2025 Annual Action Plan and Citizen Participation Plan for Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Program July 16, 2024 City Council ro-K FY 2025 Annual Action Plan • Every 5 years the City must complete a new Consolidated Plan (ConPlan) to set priorities, goals and objectives for the use of federal funds; The City current plan is for FY 2024- FY 2028. • Every year the City prepares an Action Plan to describe to the public (and HUD) how it intends to spend its annual allocation. This Plan is the second year of the five-year ConPlan which is FY 2025. O�pUS OyR vs 4 i O �m J y Timeline Milestones Date Public Input Meetings in Five Council Districts February-March 2024 Technical Assistance Workshops April 4, 2024 Applications Due May 1, 2024 Public Comment Period June 9, 2024 —July 9, 2024 15t Reading/Public Hearing July 16, 2024 2"d Reading/Adoption July 23, 2024 Submission to HUD Deadline August 16, 2024 � 1 Stakeholder Consultations • Five Council District public meeting session in February and March to obtain input from citizens • Conducted 23 stakeholder consultations with organizations 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 Five Year Priority Needs • 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) 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 � 1 Annual Action Plan • Proposed Activities for October 1, 2024 - September 30, 2025 • 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 rr �. Salinas Park Improvements Single Family Demo/Reconstruction Y� FY 2025 Recommended Awards CDBG PROJECT Total Minor Home Repair $1,143,530 HEB Tennis Complex and Pool Park Parking Lot and Improvements and Other Amenities $ 500,000 The Salvation Army Facility Improvement $ 150,700 Code Enforcement Staffing $ 390,642 Neighborhood Cleanups for Seniors in Low-Moderate Income Areas $ 65,000 Administration $ 356,785 Program Delivery $ 528,731 TOTAL $3,135,388 HOME PROJECT Total Single Family Rehabilitation $ 344,916 G 110-Palms at Morris $ 587,531 come dream.come build.-Homebuyer Assistance $ 300,000 Alternate Project-TG 110-Palms at Williams $ - dministration $ 136,939 TOTAL $1,369,386 ESG PROJECT Total Corpus Christi Hope House Homeless Services $ 116,527 The Salvation Army Homeless Services $ 100,000 Administration $ 17,556 TOTAL $ 234,083 9 Citizen Participation Plan Amendment The Citizen Participation Plan describes how the City will provide for and encourage all F citizens to participate in the development of plans covering o HUD entitlement funds. 1 s e - Revisions add specificity around LL Substantial Amendment triggers like changes in activity geography, ' ' new entitlement awards, cancellations, and changes in goals and objectives. F CITY OF CORPUS CHRISTI CITY SECRETARY'S OFFICE COUNCIL ACTION REQUEST TO: Rebecca Huerta, City Secretary FROM: Council Member Mike Pusley,At-Large COPIES TO: Mayor& Council Peter Zanoni, City Manager Miles Risley, City Attorney SUBJECT: Joint Venture with Catahoula Water Company for Water Rights to Eshelman-Vogt Groundwater Project ACTION REQUEST: Per Council Policy 16.d.,we are requesting that the following item be placed on the next available City Council agenda for discussion and possible action: • Motion directing the City Manager and CCW to begin discussions with the Catahoula Water Company on a possible joint venture to acquire water rights from the Eshelman-Vogt Groundwater Project. Financial negotiations between the City and Catahoula Water Company would begin only after such time as the Catahoula Water Company provides appropriate engineering and related studies that substantiate the validity of their proposed brackish desal facility and their ability to secure the necessary pipeline infrastructure that would supply the refined water to the appropriate City designated tie-in location. n t � 1 Council Memt 6r Mik Pusley Council Memb r "a t — Council Member .¢pvs cr w 0 v 'N60BPOB 11 AGENDA MEMORANDUM 1852 City Council Meeting of July 16, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health Fauziak(a)cctexas.com 361-826-7202 Nueces Center for Mental Health and Intellectual Disabilities (MHID) Briefing STAFF PRESENTER(S): Name Title/Position Department 1. N/A OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Andrea Kovarik, MS, LPC Director of Mental Health Services MHID 2. Gina Pena Director of Intellectual and Developmental Disabilities Services MHID BACKGROUND : Nueces Center for Mental Health and Intellectual Disabilities Briefing on providing citizens living with mental illnesses with comprehensive psychiatric evaluation and treatment services, medications, and wellness services. LIST OF SUPPORTING DOCUMENTS: Powerpoint Presentation MENTAL HEALTH SERVICES Andrea Kovarik, MS, LPC Mental Health Service Director 00 10t SO dp 1WHID Nueces Center for Mental Health and Intellectual Disabilities dMq �f AGENDA ;M Overview of Population enter for Allental Health Community Education Access Services 4ctual MabiNfts _ o Outreach '- =— o Intake/Crisis/Diversion - o Jail/Restoration v Core Services " ` o Youth I o Adult WHOWESERVIE Access Services • Clinical Screenings available to Total Served FY23 Total Service Count FY23 all at no cost 9,267 150,679 • All MH and co-occurring crisis in Nueces County, • • • • • nd to days) Standalone • Standaloto ne SUD Core and Access Treatment • • • • • • Nueces County Resident • Ages 3 and older • Severe and persistent mental • • • • • • • illness • Uninsured/Medicaid or Medicare/healthy Texas Woman Program q•. Mental Health Services COMMUNITY EDUCATION, ACCESS POINTS, CORE SERVICES s' Mental Health First -Youth -Adult + -Veteran Non-Physician Mental Health Professional (NPMHP) -be a mental health and substance use resource for school = • districts + 5 ENTAL HEALTHCARE 1 � JV ` <UeCT HEALTHCARE - - - -L- - -I---�- --- US, 11 HOME HEALTHCARE -" - -\- - - r ---r --- - '— SOCIAL SERVICES t ACCESS PROGRAMS NUMBER OUTREACH INTAKE & CRISIS JAIL SERVED 5,813 PROJECTS FOR ASSISTANCE IN TRANSITION FROM IN HOTLINE OUTPATIENT HOMELESSNESS (PATH) MCOT/EXPANSION COMPETENCY RESTORA -CASE MANAGEMENT/SKILLS TION • CRISIS INTERVENTION SERVICE COUNT -CARE COORDINATION TEAM JAIL BASED 3A,829 SUD-COMMUNITY HEALTH WALK-IN CLINIC COMPETENCY RESTORA WORKER (CHW) TION -CARE COORDINATION PATHWAYS RESPITE (16 -NARCAN/EDUCATION BEDS) • COUNSELING ACCESS PROGRAMS OUTREACH INTAKE/CRISIS AlJ Number Served Number Number Served 11567 Served 4,192 93 Service Count Service Count Service Count 11567 23,589 1074 CORE SERVICES Long Term Quality Care individualized to the Client's Needs 9 YOUTH CORE SERVICES SPECIALITY PROGRAMS NUMBER SERVED FY23 • CASE MANAGEMENT YES WAIVER • SKILLS TRAINING • WRAP AROUND 11061 • THERAPY RESIDENTIAL TREATMENT • MEDICATION CENTER PROJECT (RTC) <Lj MANAGEMENT NUMBER OF SERVICES FY 23 • PSYCHIATRY • FAMILY PARTNER 22,614 • NURSING ADULT SERVICES CORE SERVICES SPECIALTY PROGRAMS NUMBER SERVED FY 23 • SKILLS TRAINING/REHAB CONTINUITY OF CARE • THERAPY TCOOMMI • MEDICATION MANAGEMENT • JAIL DIVERSION ' I I IT 4�849 • FORENSIC ASSERTIVE COMMUNITY TEA • PSYCHIATRY M (FACT) • PEER PROVIDER NUMBER OF SERVICES FY 23 COORDINATED SPECIALTY CARE • NURSING LA MARIPOSA • CARE COORDINATION SUPPORTED HOUSING 85,210 • CASE MANAGEMENT VOCATIONAL- JOB SKILLS TRAINING JAIL CONTINUITY 1 CARE ( COC ) • PROVIDE COC SERVICES TO JUSTICE- INVOLVED INDIVIDUALS IDENTIFIED WITH A SERIOUS MENTAL ILLNESS WHO WILL BE TRANSITIONING DIRECTLY FROM JAIL TO THE COMMUNITY TO IMPROVE QUALITY OF LIFE, SUPPORT PHYSICAL AND MENTAL HEALTH STABILIZATION, AND REDUCE RECIDIVISM; Q • COORDINATE THE PROVISION OF TREATMENT, CARE, OR SERVICES BETWEEN THE VARIOUS AGENCIES AND PROVIDERS THAT DELIVER TREATMENT, CARE, OR SERVICES; AND - • SUPPORT THE UTILIZATION OF EVIDENCE- BASED PRACTICES RELATED TO THE PROVISION OF SERVICES AND SUPPORT TO JUSTICE-INVOLVED PEOPLE WITH SERIOUS MENTAL ILLNESS. DIVERSION CENTER • ASSESSMENT • INTEGRATED TREATMENT AND CARE PLANS TO ASSIST IN AN INDIVIDUAL'S STABILIZATION AND ENGAGEMENT IN CARE. • MEDICATION MANAGEMENT • ON SITE PRIMARY CARE • ON SITE PSYCHIATRIC CARE • PSYCHOSOCIAL PROGRAMMING • SUBSTANCE USE DISORDER INTERVENTIONS • REHABILITATION SERVICES • RESPITE BEDS • PEER SUPPORT • EXTENSIVE DISCHARGE PLANNING TO COORDINATE ACCESS / TO HOUSING, SOCIAL SERVICES AND TREATMENT POST DISCHARGE, UTILIZING CASE MANAGERS AND PEER SUPPORT 1 ' Andrea Kovarik, MS, LPC � Akovarik@ncmhid.org a�i' www.ncmhid.org ��,�A11�1jRAH I D `�,\1r l Mental Center for Mental Health and Intellectual Disabilities Intellectual & Developmental Disability Services e RA H I D Nueces Center for Mental Health and Intellectual Disabilities Presented by: Gina Pena, IDD Service Director INTELLECTUAL & DEVELOPMENTAL DISABILITIES • Intellectual Disability = Intelligence Quotient (IQ) < 70; MR - outdated term • Developmental Disability = Autism spectrum & other neurocognitive disabilities • Related Conditions = certain medical diagnosis which result in similar adaptive deficits • Key features • significant adaptive deficits (personal care, social life, etc) • need for substantial supports • permanent disability MHID IDD SERVICES OVERVIEW • Individuals ages 3 through end of life • Individuals need supports ongoing; once in services, people stay in • Serves over 900 persons per year in Nueces County • Majority reside in Corpus Christi, although some rural • About half are either in private group homes or in contracted host homes • Services provided to persons with IDD are generally Medicaid funded but can also be state funded safety net services. • No matter the program, the person receives diagnostic testing & Service Coordination/Case Management MHID { m� . umrd . MEDICAID WAIVERS FOR IDD • Services similar to what would receive in an institution, but while living in the community • Residential options (care provided in group home or host home; or provider attendant services, habilitation/training in their own or family home) • Therapies (speech, occupational, physical, audiology, behavioral supports) • Other support services (transportation, respite/relief for caregiver, individualized skills and socialization in the community and at day centers) • Other licensed services (nursing, dental, social work, etc) , �MHID -m��.�um--- WAIT FOR WAIVERS • Waiver services are not entitlements and there is an interest list (IL) • Over 120,000 persons; almost 17 year wait • Call us asap to be placed on the IL; 361-886-4663 — don't wait until needed • We monitor IL status, keep contact info updated • We enroll into the waivers once your spot comes up • We can link to other services and supports in the interim MHID OTHER MEDICAID & SAFETY NET SERVICES • If has Medicaid & MCO can possibly receive Community-First-Choice (CFC) • Is an entitlement (if you qualify you receive/no wait) • Provided Attendant Services in own or family home • Habilitation & training on life skills • Must have significant adaptive deficits • If does not have Medicaid or does not qualify for CFC then potentially eligible for safety net services • Respite — group and individual community outings to give relief to caregiver • Community Support — training on life skills, some transportation • Vocational training — training to prepare for employment , YMHID m� . umrd . IDD CRISIS & CONTINUITY • IDD Crisis Intervention Services — available to anyone with IDD in Nueces County • Person does not have to be active in services • In person assistance to de-escalate behavioral or mental health crises • Post crisis supports to prevent reoccurrence of crisis • Call MHID Crisis hotline & notify them the person has IDD • IDD Crisis Respite — in home supports or temporary out of home placement provided as needed to help stabilize a crisis in order to return the person home • Continuity — assistance with placements into institutions such as nursing facilities, state supported living centers or community ICF group homes , �MHID _m��.�um—.-. . DISABILITY . EMPLOYMENT • MHID operates several disability employment programs for persons with IDD or other significant disabilities • Programs pay minimum wage or higher • Can be full or part time, FT receive benefits including insurance, retirement • Provide staff who give support and training • Goal is to help people achieve competitive integrated employment • Must be able to pass background check & employment screenings , �MHID -m��.�um--- FOR MORE INFORMATION • Call IDD Services at 361-886- 4663 and ask for the Intake Coordinator • Go online to ncmhid.org • Email : IDD-Intake@ncmhid.org • If in Crisis call — Crisis Hotline — 888-767-4493 M H I D se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 City Council Meeting of July 16, 2024 DATE: June 26, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager HeatherH3Lcctexas.com 361-826-3506 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update OUTSIDE PRESENTER: Name Title/Position Agency Name Mike Culbertson President & CEO CCREDC BACKGROUND: The CCREDC provides quarterly updates to the City Council including its activities and the status of the local economy. The previous update was provided to the City Council on January 30, 2024. The Metropolitan Statistical Area (MSA) economy is still growing from a low of 180,000 jobs in September 2020 to 200,800 as of May 2024. As a reference, in 2019, the last normal year, the jobs were 192,400. This is the highest it has ever been in the MSA. The unemployment rate has gone crazy. It was down to 3.7% in December then went up to 4.6% by February and has steadily fallen 4.0% in April and now has popped up to 4.2%. I cannot find a good reason why the roller coaster. The housing market is settling down. Prices are pretty steady from last year at $276,0-00. The inventory time is now up to 5.2 months, which is trending toward a more balanced market between buyers and sellers. CCREDC is about securing high paying jobs and diversifying our economy. The sales tax collections are up across the MSA from 2022 apart from one city. The EDC is working on 13 major projects that are valued of over $20.0 billion in capital investment. These projects have long lead times. The EDC is looking for other industries to attract to our region. We are coordinating with partners to push a "sense of place" initiative. Your EDC is delivering value to the city and the region. LIST OF SUPPORTING DOCUMENTS: PowerPoint— CCREDC Quarterly Briefing City Council Quarterly Update July 2024 I� Presented by Mike Culbertson President & CEO i - lI Corpus Christi REGIONAL ECONOMIC - DEVELOPMENT CORPORATION Photo:Visit Corpus Christi �L. Mission Statement The mission of the Corpus Christi Regional Economic Development Corporation is to expand and enhance the R � region's economic base by developing and/or supporting projects that create primary jobs to improve the diversity and size of the local economy. DepotPhoto:Corpus Christi Army Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION HOUSING REPORT I ...3 ® � MEDIAN HOME PRICES SOLD ACTIVE LISTINGS CLOSED SALES $276,000 UP 0.4% 1,386 UP 46.1% 324 DOWN 0.9% COMPARED MAY 2023 COMPARED MAY 2023 COMPARED MAY 2023 DAYS ON THE MARKET:54 MONTHS OF INVENTORY DAYS TO CLOSE:33 5.2 UP FROM 3.0 TOTAL DAYS:87 COMPARED MAY 2023 5 DAYS LESS COMPARED MAY 2023 CITY OF ALICE 2,883,005 3,133,620 2,237,260 7,041,269 6,664,603 5,627,385 CITY OF ARANSAS PASS 1,253,032 1,241,753 953,683 3,001,001 2,898,405 2,743,724 CITY OF BEEVILLE 1,985,098 1,847,862 1,595,658 4,350,654 4,189,005 3,785,579 CITY OF CORPUS CHRISTI 41,398,514 40,760,401 32,327,368 97,338,773 92,547,634 86,039,295 CITY OF GREGORY 222,882 198,716 185,246 487,648 519,022 723.555 CITY OF INGLESIDE 1,624,011 1,859,515 1,277,366 4,890,483 3,184,196 3,214,478 CITY OF PORT ARANSAS 1,203,023 1,135,790 848,304 3,824,850 3,839,290 3,372,428 CITY OF PORTLAND 3,110,623 3,204,335 2,424,267 7,530,908 6,830,660 6,399,503 CITY OF ROBSTOWN 966,726 887,931 771,602 2,268,049 1,879,188 1,860,293 CITY OF ROCKPORT 1,494,742 1,486,367 1,152,137 3,693,942 3,665,496 3,243,898 CITY OF SINTON 799,887 734,369 608,422 1,720,480 1,614,741 1,653,229 COMBINED TOTALS: 56,891,542 56,490,658 44,381,315 136,148,057 127,832,240 118,663,367 � I 200,800 200,200 195,600 190,500 183,900 0.3 1.0 I � 24,300 24,200 21,800 19,500 19,000 0.0 2.5 9,100 9,100 8,700 8,200 8,000 0.0 3.4 33,500 33,700 33,600 33,300 32,900 0.0 0.0 1,400 1,400 1,500 2,700 2,500 0.0 0.0 9,500 9,500 9,200 8,500 8,200 0.0 3.3 20,400 20,300 19,900 18,700 18,200 0.0 0.0 32,600 32,400 31,600 31,100 30,400 0.3 0.9 It 27,700 27,400 27,300 27,200 24,900 1.5 0.0 II 6,600 6,600 6,400 6,100 5,800 0.0 1.5 34,700 35,600 35,600 35,200 34,900 0.3 1.1 hTLA LA Corpus Christi MSA UNEMPLOYMENT RATES - _ . 5.5 5.0 4.5 4.0 • . .�• r 3.5 3.0 • . . . .� • 023 2i 023 I 2023 I 2 23 I 2023 I OCT2 23 I 2023 2023 I 202 I 2024 2M 24 I 024E MAY I 2024 CORPUS CHRISTI I 4.0 4.2 TEYAS U.S. 0 BRE Report 10 Business Retention & Expansion is an economic development strategy Existing Workforce of proactively connecting with Business existing businesses to understand Expansions Development and respond to their needs. 80% of a region's growth comes Infrastructure Program from the expansion of existing Implementation businesses. Staff conduct interviews with Permitting & r Business businesses every month to collect Development Resource data and provide resources for their Liason overall success. IN RESPONSE TO THE 2022 BUSINESS CHALLENGES, WE PLANNED THE FOLLOWING WITH REGIONAL PARTNERS MANUFACTURING DAY EXPO & CAREER FAIR -• � MANUFACTURING MIXER • d•;t i 1 y i MARITIME CAREER FAIR M WORKFORCE SCOOP HIGHWAY 77 CORRIDORS PLANNING MEETING TOP REQUESTED ASSISTANCE TOP JOBS IN DEMAND �. INCENTIVES O . O RIGGERS ORS Z. EDUCATION PARTNER CONNECTION PERATORS 3. MANUFACTURING L TECHN116 • ENGINEE4. EMPLOYEE TRAINING ILL WAIT STA i ETALLURGIST r _. r ' ' GENERAL 5. INFRASTRUCTURE WELDERSANALYST-' LABORERS AIL 000 EFFECTIVE RECRUITMENT AND RETENTION STRATEGIES - Collaborating with regional high schools to provide "Building Careers" presentations - "Sign Days" for High School Students - Maintaining a positive "Company Culture" to retain employees - Utilizing job fairs provide by Workforce Solutions Corpus Christi B Corporation (Type B) FY'24 Wins / . Del Mar College Cyber Center COASTAL ' / $130,000 grant to support small businesses A GREAT PLACE TO LIVE At WORK. who need assistance to secure the safety of their business information ■ The Ritz Theatre ",j ■ $230,000 matching grant to secure the exterior of The Ritz building ■ The Admirals Quarters — NAS-CC Corpus $1,000,000 for the construction of the REGIONAL DEVELOPMENTP CNATRA Flag Officer Quarters Proactively planning for what the "New Economy" will yield in terms of opportunities and changes to business environment 2021 Targeted Industries Analysis • Supply Chain Analysis • Reshoring/Nearshoring • Economic Diversification(e.g., Petrochemicals, CCREDC Steel, Drones,Advanced Manufacturing) Manufacturing High Tech. High Skill. High Pay. St�l� Manufacturing has an outsized effect A GREAT PLACE TO LIVE AM WORK. on our economy COVID made supply chain weaknesses laid bare. Re-shoring and near shoring is the future. Engaged a consultant (ROI) to actively look for manufacturers to attract. Corpus ECONOMICREGIONAL Business Attraction Trade Shows • AISTECH May 8-11 COASTAL r • World Hydrogen May 15-18 ' • CleanPower May 22-24 A GREAT PLACE TO LIVE At WORK. • Hydrogen Tech Expo N. America June 27-29 • UAV Commercial Expo Sept 6-8 Corpus ECONOMICREGIONAL DEVELOPMENT CCRIEDC Project ' . Pipeline ' . 4,681 Jobs $14.7B Cap Industry Capital Investment Jobs BUSINESS, C ASTAL A GREAT PLACE TO LIVE A6 WORK. Green Hydrogen $5.3 Billion 481 Steel $7.4 Billion 2,200 "'i Advanced Manufacturing $2.0 Billion 1,650 Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION Modular Homes $5.0 Million 350 Area Projects Net Taxable Value Taxing Entity 10 Year 20 Year 44 City of Corpus Christi $ 175,105,109 $ 851,303,3 Co ♦ • v I � A GREAT PLACE TO LIVE AM WORK. Nueces School Districts $ 332,414,584 $ 598,673,168 Del Mar College $ 25,824,005 !1$ 47,867,469 Type A/B Effect $ 24,834,069 mop 22,448,03 CorpusThese taxes are net of any incentive offeressumed the time ' ' ECONOMICDEVELOPMENT • to complete schedule doesn't move appreciatively. City of Corpus Christi includes the industrial district PILOT payments Carpus Christi Regional Airshed Ozone Values& Carpus Christi MSA Data - 1989 to 2022 120 450 4 110 — a 100 - - - - - - -. - c� 90 •91 - - - - - - - - - - - - - o: -. --t---� 82 - - --- ----..___t__.--------------------------------------------------------- 80 +8-2 _ 22, -- • 81~ - • 81 -an - - - - - ' m �7� 70 302 ,, • 6$ • 66 • 67• 3 a • • • 65 m a n m 50 2 t8 300 51.07' S1.4451.56 50.37 50.22SO-61 ' T 049•$$ a 48.87 47.20 47.8546.73 47.7947.2346. 447.97 49. 4 M 4 44.3344.5146.00 45.92 - - - v o: a 30 - - - - - - a a u 250 a 20 19$$ 2079 20.6721.3221.26Z1.6120.2#20.2019.8020.5621.5321-7130.i121.10 1S.0317.9318.56 18.$419.44 19.7719.44 10 ti b 4 200 Year CC MSA Population(right axis) ----1997 8-hour Ozone NAAOS --•2008 8-hour Ozone NAAQS 2015 8-hour Czone NAACtS • CANES 4&21 Average CC MSA Real Per Ca Pita GDP —*--CC MSA Real GDP —3 per.Mau.Avg.(CAMS 4&21 Average) —10 per.Mov.Avg-(CC MSA Real Per Capita GDP) 10 per-Mov.Avg-ACC MSA Real GDP) dow Questions? I� Mike Culbertson President & CEO - - • -- - _ _ k Corpus Christi REGIONAL ECONOMIC - DEVELOPMENT CORPORATION Photo:Visit Corpus Christi From: Bobbie-Rae Maldonado To: Linh Carter; Neiman Young Cc: Ernesto De La Garza; Elisa Silva Subject: FW: Retirement Announcement for Valente Clivarez,Jr. P.E.-Corpus Christi District Engineer-July 31,2024 Date: Tuesday,July 9,2024 9:39:19 AM Good morning! Please see TXDOT announcement below of Valente's retirement. Thank you. From: Carl Johnson <Carl.L.Johnsonna txdot.g_ov> Sent: Wednesday, May 15, 2024 8:13 AM To: Carl Johnson <Carl.L.Johnson(@txdot.gov> Subject: Retirement Announcement for Valente Olivarez,Jr. P.E. -Corpus Christi District Engineer- July 31, 2024 It is with sincere appreciation for more than 25 years of dedicated service to the Texas Department of Transportation that I announce the retirement of Corpus Christi District Engineer, Valente Olivarez,Jr., P.E., effective July 31, 2024. Valente graduated from Texas A&M University-Kingsville in 1999 with a Bachelor of Science Degree in Civil Engineering and became a licensed professional engineer in June 2004. He began his career with TxDOT's Pharr District, where he worked at the Pharr Area Office for 15 years in various capacities ranging from construction inspector, plan designer, project manager, and eventually Area Engineer. Valente's office managed the design, construction, and maintenance of state roadway/bridges in the rapidly developing County of Hidalgo. In 2002 and 2009, Olivarez received Construction Awards from the Association of General Contractors and TxDOT for managing the construction of the State's transportation system connecting to the Pharr International Port of Entry and for the interstate expansion of Expressway US 83 (Interstate 2) in Mercedes, Tx. In 2014, Valente was hired by TxDOT's Corpus Christi District as the Director of Operations and charged with overseeing construction, maintenance, and traffic operations for the Department's 10- county district. Olivarez was later hired as the Deputy District Engineer in 2015 and in a dual role served as TxDOT's Project Manager for the Harbor Bridge Project, a $113 design build project in Corpus Christi. In 2018, Olivarez was hired to lead the Corpus Christi District as their District Engineer. Throughout his tenure, Valente worked closely with local, state, and federal partners to deliver regionally significant transportation projects to the Coastal Bend area. He is an ardent believer in fostering a culture of employee growth and development, and is extremely proud to have worked alongside the talented employees in this best-in-class agency. Valente is a dedicated husband to Kimberly and father to Nathan Ezra and Nicholas Elijah. He is an active member of various ministries within his local church, Our Lady of Mount Carmel Church in Portland. Valente enjoys fishing, kayaking, and spending time with family. Valente will be missed, please join mein congratulating Valente on his many years of service to TxDOT and the citizens of Texas. Carl L.Johnson, P.E. Director Of District Operations AF rOX#x Deb FtWtnt of TFAnSpOrOdOn ❑®