HomeMy WebLinkAbout031344 ORD - 01/23/2018 Ordinance
Amending Corpus Christi Code of Ordinances, Sections 14-281 & 14-291
authorizing third-party inspection reporting system for backflow
preventers; authorizing the execution of a one year agreement with
Brycer, LLC, of Warrenville, IL for a third-party inspection reporting
system, with the option to renew annually with City Council approval;
and providing for penalties and publication.
WHEREAS, Corpus Christi Development Services Department is currently
responsible for tracking the inspection, testing, and maintenance of Backflow Prevention
Assemblies within the City of Corpus Christi. Annual testing and maintenance (T&M)
certification reports for all backflokir assemblies, with the exception of residential irrigation
backflow assemblies, are required to be tested and certified annually.
WHEREAS, third party providers can provide simple internet based tools that
Development Services can use to track and drive code compliance, comply with Texas
Commission on Environmental Quality regulations, provide a safer community, and
facilitate a more efficient review, tracking, and follow-up process with occupants to
correct deficiencies and maintain systems.
WHEREAS, Backflow Prevention Assemblies require annual testing and inspection
for all Commercial and Residential devices with the exception of Residential Irrigation
Backflow Prevention Assemblies which are required to be tested and inspected every 3
years.
Now therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas:
Section 1. The Corpus Christi Code of Ordinance, Division 7, Plumbing Code Section 14-
281 (11), subsection 312.10.1 is amended by adding the following language that is
underlined (added) and deleting the language that is stricken (deleted) as delineated
below:
312.10.1 Inspection and Testing. Residential irrigation backflow prevention
assemblies shall be tested at time of installation, immediately after repairs, and at
least once every three years. Reduced pressure principle backflow preventer
assemblies, double check-valve assemblies, pressure vacuum breaker
assemblies, reduced pressure detector fire protection backflow prevention
assemblies, double check detector fire protection backflow prevention
assemblies, and spill proof vacuum breakers that are not part of a residential
irrigation system shall be tested at the time of installation, immediately after
repairs or relocation and at least annually. All testing and certification shall be
performed by a state-licensed Backflow Prevention Assembly Tester. The
Backflow Prevention Assembly Tester must file an original copy of the initial test
certification and each annual certification with the building official within ten (10)
days of the testing. The testing procedure shall be performed in accordance with
one (1) of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE
1
031344
INDEXED
5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. The
building code official may utilize a third-party inspection reporting system for the
prescribed recordkeepinq.
Section 2. The Corpus Christi Code of Ordinance, Division 8, Residential Code, Section
14-291(12) subsections P2503.8.1 is amended by adding the following language that is
underlined (added) and deleting the language that is stricken (deleted) as delineated
below:
P2503.8.1 Testing and certification of backflow devices. The owner of any
reduced pressure principle backflow preventer, double check-valve assembly
backflow preventer, double-detector check-valve assembly backflow preventer, or
pressure-type vacuum breaker assembly backflow preventer must have the
backflow device tested and certificated by a Backflow Prevention Assembly
Tester before a backflow preventer is placed in service and annually thereafter to
ensure its proper operation. The Backflow Prevention Assembly Tester must file a
copy of the initial and each annual certification with the building official within ten
(10) days of the testing. The building code official may utilize a third-party
inspection reporting system for the prescribed recordkeepinq.
Section 3. The City Manager or designee is authorized to execute a one year agreement
with the option to renew annually with City Council approval with Brycer, LLC of
Warrenville, IL for a third-party inspection reporting system with option to terminate with
notice at least 90 days prior to renewal.
Section 4. Penalties are as provided in Section 1-6 of the Code of Ordinances.
Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance be given full force and effect for this purpose.
Section 6. This ordinance takes effect after official publication.
Section 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
2
That the foregoing ordJ'lay
nce was read for the first time and passed to its second
reading on this the ` of 'W(L4 , 18, by the following vote:
Joe McComb Of, Ben Molina
Rudy Garza LI Lucy Rubio
Paulette Guajardo /, _ '
1.' ', Greg Smith ?v/
Michael Hunter � ( _____a ,
! / Carolyn Vaughn
0
Debbie Lindsey-Opel !.4:
That the fvepoing ordinance was read for the second time and passed finally on this
the c day of 2018, by the following vote:
d4.4Lcl.
0.,fet^
Joe McComb ,. Al Ben Molina --ajOL.
Rud Garza /
y 4-A / Lucy Rubio
Paulette Guajardo aftGreg Smith I i
Michael Hunter 1. I. Carolyn Vaughn ___0 /
Debbie Lindsey-Opel I / 0
I
PASSED AND APPROVED on this the ,)‘,, day of , 2018.
ATTEST:
k-1.4.(2,irt___ �� !v1
Re ecca Huerta Jure McComb
City Secretary Mayor
EFFECTIVE DATE
11 Zc\
031.344 .
BRYCER,LLC
4355 Weaver Parkway
Suite 330
Warrenville,IL 60555
July 28,2017
City of Corpus Christi Cross—Connection Control&Backflow Prevention
2406 Leopard St
Corpus Christi,TX 78408
Attn: Mr.Gene Delauro
Re: "The Compliance Enuine"
Dear: Mr. Delauro
We look forward to providing you with "The Compliance Engine" (the "Solution"). This
proposal letter provides the basic terms by which Brycer, LLC ("Brycer") will provide you, City of
Corpus Christi Cross —Connection Control & Backflow Prevention ("Client"), with the Solution. The
use of the Solution and all matters between Brycer and Client will be subject to the standard "Terms and
Conditions"attached to this proposal as Exhibit A. The basic terms are as follows:
1. Term: Brycer will provide Client with the Solution for one year, commencing upon
execution (the"Initial Term"). This Agreement includes an option to renew annually with City Council
approval. Thereafter, an option to renew may be terminated by Brycer in writing at least 90 days prior to
the expiration of the then current Term (each, a "Renewal Term" and together with the Initial Term, the
"Term"). Following the expiration or termination of the Term(as provided in the Terms and Conditions),
Client shall stop using the Solution; provided, however, Brycer shall make available, and Client shall
have the right to download, Client's data from the Solution for a period of 60 days after the expiration or
termination of the Term. Client shall have the right to terminate this agreement upon giving 90 days
written notice to Brycer.
2. Fees: Client shall not pay any fees for use of the Solution. Brycer will collect $20
Backflow prevention device test filing fee established by Corpus Christi Code of
Ordinance 14-1313 due and payable by third party inspectors in connection with
activities relating to the Solution (the"device test filing fee"). Upon receipt of a device
test filing fee, Brycer will remit to Client the amount by which such device test filing fee
exceeds the amount of$13.00 due and payable to Brycer in connection with such third-
party inspector's use of the Solution, which may be amended from time to time upon the
written agreement of Brycer and Client. Brycer will remit payment to Client on a
quarterly basis. Upon amendment of City Ordinance 14-1313, Brycer will adjust the
amount collected to the amount provide by City ordinance.
3. Brycer Responsibilities: During the Term, Brycer shall be responsible for the following
in connection with Client's use of the Solution:
• Availability. Brycer shall make the Solution available to Client as set forth on Exhibit B.
The maintenance schedule and minimum service levels for the Solution are set forth on
Exhibit B.
2232 885U/13399.000
• Service Levet. Brycer shall provide commercially reasonable levels of customer service
with respect to the Solution to all third parties who transact business with Client and
access the Solution.
• Backup. Brycer shall backup the database used in connection with the Solution to a
separate server located within the same web hosting firm which the Solution is being
hosted on a real time basis. Upon request by Client(which can be no more than once a
month) or made prior to or within 60 days after the effective date of termination of the
Term, Brycer will make available to Client a complete and secure (i.e. encrypted and
appropriately authenticated) download file of Client data in XML format including all
schema and attachments in their native format. Brycer shall maintain appropriate
administrative, physical and technical safeguards for protection of the security,
confidentiality and integrity of Client data. Brycer shall not (a)modify Client data or(b)
disclose Client data except as required by law.
• Retention of Information. Brycer will maintain all information entered into the database
by third party inspectors for at least five (5) years from the time such information is
entered into the database.
• Notices. Brycer will be responsible for generating and delivering the following notices to
third parties in connection with the Solution: (a) reminders of upcoming inspections that
are due; (b)notices that an inspection is past due; and(c)notices of completed inspection
reports which contain one or more deficiencies.
• Call Center Phone calls by Brycer on behalf of the Client to the property for EACH
life-safety system overdue for service based on dates automatically tracked within the
TCE database. Brycer is not an agent of the Client and all scripts for the overdue calls
will be approved by the Client.
• Updates and Enhancements. In the event Brycer releases any updates, corrections, or
enhancements to the Solution during the Term, Brycer shall promptly provide such
updates or corrections to Client free of any charge or fee.
4. Client Responsibilities: During the Term, Client shall be responsible for the following
in connection with Client's use of the Solution:
• Operating System. Client shall be solely responsible for providing a proper operating
environment, including computer hardware or other equipment and software, for any
portion of the Solution installed on the Client's equipment(the"Client Access Software")
and for the installation of network connections to the Internet. In addition to any other
Client Access Software requirements, Client must use version Internet Explorer 11.0,
Edge, Firefox version 37,Chrome 40 or Safari 7.1 (or more recent versions), in addition
to having a.pdf reader installed on machines to view attachments.
• Training. Client shall allow Brycer at Client's facilities to train all applicable personnel
of Client on the use of the Solution.
• Information. Client shall promptly provide Brycer with all appropriate information
necessary for Brycer to create the database for the Solution,including without limitation:
(a) all commercial building addresses within [jurisdiction] for Brycer's initial upload;
and(b)quarterly updates to in a format acceptable to Brycer in its discretion.
• Enforcement. Client shall lake all actions necessary to require in writing(e.g.resolution,
ordinance, fire policy, code amendment)the use of the Solution by third party inspection
companies.
• Reports. Client will require all compliant and deficient test results to be submitted.
5. Ownership of Data. Client owns all the data provided by Client and received from third
party contractors for Client. Brycer shall maintain appropriate administrative, physical and technical
safeguards for protection of the security,confidentiality and integrity of Client's data.
2232885/3/13399.000
Please acknowledge your acceptance of this proposal and our standard Terms and Conditions by
counter-signing this proposal below. We look forward to a long-term and mutually beneficial relationship
with you.
Brycer,LLC
By: 4.d�
Its: PRESIDENT
Acknowledged and Agreed to this
day of ,20
[CLIENT]
By:
Its:
2232885/3113399 000
Exhibit A
Terms and Conditions
Any capitalized terms not defined in mese Terms and Conditions shall have the meaning assigned to it in that certain Letter
Agreement attached hereto by and between Brycer,LLC and Client(the"Agreement).
I. Restrictions on Use. Client shall not copy,distribute,create derivative works of or modify the Solution in any way. Client agrees that(a)it
shall only permit its officers and employees(collectively,the"Authorized Users")to use the Solution for the benefit of Client;(b)it shall
commerciallyuse reasonable efforts to prevent the unauthorized use or disclosure of the Solution;(c)it shall not sell,resell,rent or lease the
Soluton; d)it shall not use the Solution to store or transmit infringing or otherwise unlawful or tortious material,or to store or transmit
material in violation of third party rights;(e)it shall not interfere with or disrupt the integrity or performance of the Solution or third-party
data contained therein;and(f)it shall not reverse engineer,translate,disassemble,decompile or otherwise attempt to create any source code
which is derived from the Solution. Client is responsible for all action'taken by the Authorized Users in connection with the Solution.
2. Pmnricters Rights. All right, title and interest in and to the Solution and any and all derivative works or modifications thereof(the
"Derivative Works"),and any accompanying documentation,manuals or other materials used or supplied under this Agreement or with
respect to the Solution or Derivative Works(the'Documentation").and any reproductions works made thereof,remain with Brycer. Client
shall not remove any product identification or notices of such proprietary rights from the Solution. Client acknowledges and agrees that,
except for the limited use rights established hereunder,Client has no right,title or interest in the Solution,the Derivativel Works or the
Documentation.
3 Independent Contractor. Nothing in the Agreement may be construed or interpreted as constituting either party hereto as the agent,
principal,employee or joint venturer of the other. Each of Client and Brycer is an independent contractor. Neither may assume,either
directly or indirectly,any liability of or for the other party. Neither party has the authority to bind or obligate the other party and neither
party may represent that it has such authority.
4. Reservation of Rights Brycer reserves the right, in its sole discretion and with prior notice to Client, to discontinue, add, adapt, or
otherwise modify any design or specification of the Solution and/or Brycer's policies, procedures, and requirements specified or related
hereto. All rights not expressly granted to Client are reserved to Brycer,including the right to provide all or any pad of the Solution to
other parties.
5. Use of Logos. During the term of this Agreement,Brycer shall have the right to use Client's logos for the purpose of providing the Solution
to Client.
6. Confidential Information. Brycer and Client acknowledge and agree that in providing the Solution,Bryce and Client,as the case may be,
may disclose to the other party certain confidential, proprietary trade secret information ("Confidential Information"). Confidential
Information may include,but is not limited to,the Solution,computer programs, flowcharts,diagrams,manuals,schematics,development
tools,specifications,design documents,marketing information,financial information or business plans. Each party agrees that it will not,
without the express prior written consent of the other party,disclose any Confidential Information or any part thereof to any third party.
Confidential Information excludes information: (a)that is or becomes generally available to the public through no fault of the receiving
party;(b)that is rightfully received by the receiving party from a third party without limitation as to its use;or(c)that is independently
developed by receiving party without use of any Confidential Information. At termination of this Agreement,each party will return the
other party all Confidential Information of the other party. Each party also agrees that it shall not duplicate, translate, modify,copy,
printout,disassemble,decompile or otherwise tamper with any Confidential Information of the other party or any firmware,circuit hoard or
software provided therewith.Notwithstanding the foregoing the panics acknowledge that Client shall be permitted to comply with any all
federal and state laws concerning disclosure.
7. Bracer Warranty. Brycer represents and warrants to Client that Brycer has all rights necessary in and to any patent,copyright,trademark,
service mark or other intellectual property right used in,or associated with,the Solution,and that Brycer is duly authorized to enter into this
Agreement and provide the Solution to Client pursuant to this Agreement.
8. Disclaimer. All information entered into Bry'cer's database is produced by third party inspectors and their agents THEREFORE,
BRYCER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION ENTERED INTO BRYCER'S DATABASE BY EITHER CLIENT OR THIRD
PARTY INSPECTORS. EXCEPT AS SET FORTH IN SECTION 7 BRYCER MAKES NO OTHER WARRANTY,EXPRESS
OR IMPLIED,WITH RESPECT TO THE SOLUTION OR ANY OTHER INFORMATION AND ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED,ARE HEREBY DISCLAIMED,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRYCER'S SOLE LIABILITY
FOR BREACH OF THE REPRESENTATION AND WARRANTY SET FORTH IN SECTION 7 AND CLIENTS SOLE
REMEDY,SHALL BE THAT BRYCER SHALL INDEMNIFY AND HOLD RECIPIENT IIARMLESS FROM AND AGAINST
ANY LOSS, SUIT, DAMAGE, CLAIM OR DEFENSE ARISING OUT OF BREACH OF THE REPRESENTA'FION AND
WARRANTY.
9. LIMITATION ON DAMAGES.EXCEPT AS OTHERWISE PROVIDED IN SECTION] IN NO EVENT SHALL BRYCER BE
LIABLE FOR OR OBLIGATED IN ANY MANNER FOR SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR SYSTEM DOWNTIME. CLIENT
ACKNOWLEDGES AND AGREES THAT IN NO CASE SHALL BRYCER 'S LIABILITY FOR ANY LOSS OF DATA OR
DATA INTEGRITY EXCEED THE REPLACEMENT COST OF THE MEDIA ON WHICH THE DATA WAS STORED.
10. Risks Inherent to Internet. Client acknowledges that:(a)the Internet is a worldwide network of computers,(b)communication on the
Internet may not be secure,(c)the Internet is beyond the control of Brycer,and(d)Brycer does not own,operate or manage the Internet.
Client also acknowledges that there are inherent risks associated with using the Solution,including but not limited to the risk of breach of
security,the risk of exposure to computer viruses and the risk of interception,distortion,or loss of communications. Client assumes these
2232885/3/13399000
risks knowingly and toluntarily and indemnities and holds Brycer harmless from all liability from all such risks. Not in limitation of the
foregoing,Client hereby assumes the risk,and Brycer shall have no responsibility or liability of any kind hereunder,for:(I)errors in the
Solution resulting from misuse,negligence,revision,modification,or improper use of all or any part of the Solution by any entity other than
Brycer or its authorized representatives;(2)any version of the Solution other than the then-current unmodified version provided to Client;
(3)Client's failure to timely or correctly install any updates to the Client Access Software;(4)problems caused by connecting or failure to
connect to the Internet;(5)failure to provide and maintain the technical and connectivity configurations for the use and operation of the
Solution that meet Sneer's recommended requirements, (6) nonconformihes resulting from or problems to or caused by non-Brycer
products or services;or(7)data or data input,output,accuracy,and suitability,which shall be deemed under Client's exclusive control.
II. Indemnity. Brycer(the "Indemnifying Party") will defend and indemnify the Client against any damages, losses, liabilities, causes of
action,costs or expenses(including reasonable attorneys' fees)arising from the Brycer's breach of this Agreement, gross negligence or
intentional misconduct.Client will hold Brycer harmless against any damages,losses,liabilities,costs or expenses,claims,demands,suits
or proceedings made or brought against Brycer by a third party in connection with Client's or an Authorized User's use of the Solution,or
any action or inaction taken by a third party, including, but not limited to, third party inspectors, in connection with such third party
providing services for Client or otherwise at Client's or an Authorized User's request or direction
12. Breach Brycer shall have the right to terminate or suspend this Agreement, and all of Client's rights hereunder, immediately upon
delivering written notice to Client detailing Client's breach of any provision of this Agreement If Client cures such breach within 5 days of
receiving written notice thereof,Brycer shall restore the Solution and Client shall pay any fees or costs incurred by Brycer in connection
with the restoration of the Solution.
13. Illegal Payments Client acknowledges and agrees that it has not received or been offered any illegal or improper bribe,kickback,payment,
gift or anything of value from any employee or agent of Brycer in connection with the Agreement.
14. Beneficiaries. There are no third party beneficiaries to the Agreement.
15. Force Maieure. Neither party shall be responsible for any failure to perform due to unforeseen,non-commercial circumstances beyond its
reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods,
earthquakes,blackouts,accidents,or strikes. In the event of any such delay,any applicable period of time for action by said party may be
deferred for a period of time equal to the time of such delay,except that a patty's failure to make any payment when due hereunder shall not
be so excused.
16. Notices. All notices required in the Agreement shall be effective. (a) if given personally, upon receipt; (b) if given by facsimile or
electronic mail,when such notice is transmitted and confirmation of receipt obtained;(c)if mailed by certified mail,postage prepaid,to the
Iasi known address of each party,three business days after mailing;or(d)if delivered to a nationally recognized overnight courier service,
one business day after delivery.
IL Assignment. The Agreement may not be assigned or transferred by Client without the prior written consent of Brycer and any purported
transfer in violation of this section shall be null and void. The Agreement shall be binding upon and inure to the benefit of the parties
thereto and their respective successors and representatives.
18. JURISDICTION AND VENUE. THE AGREEMENT SIIALL BE GOVERNED BY, CONSTRUED AND INTERPRETED IN
ACCORDANCE WITH,AND ENFORCEABLE UNDER,THE LAWS OF THE STATE OF TEXAS. THE PARTIES IRREVOCABLY
AGREE THAT ALL ACTIONS OR PROCEEDINGS IN ANY WAY, MANNER OR RESPECT ARISING OUT OF OR FROM OR
RELATED TO THE AGREEMENT SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN NIIECES COUNTY,STATE
OF TEXAS. THE PARTIES HEREBY CONSENT AND SUBMIT'TO THE EXCLUSIVE JURISDICTION OF ANY LOCAL, STATE
OR FEDERAL COURT LOCATED WITHIN SAID STATE AND COUNTY. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY
MAY HAVE TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION OR PROCEEDING ARISING OUT OF OR RELATING
TO THIS AGREEMENT. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY ON ANY ACTION OR PROCEEDING TO
ENFORCE OR DEFEND ANY RIGHTS UNDER THE AGREEMENT,AND AGREE THAT ANY SUCH ACTION OR PROCEEDING
SHALT.BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.
19 Attorneys' Fees. The prevailing party in any proceeding in connection with the Agreement shall be entitled to recover from the non-
prevailing party all costs and expenses,including without limitation,reasonable attorneys'and paralegals' fees and costs incurred by such
party in connection with arty such proceeding.
20. Entire Agreement the Agreement sets out the entire agreement between the parties relative to the subject matter hereof and supersedes all
prior or contemporaneous agreements or representations,oral or written.
21. Amendment. The Agreement may not be altered or modified,except by written amendment which expressly refers to the Agreement and
which is duly executed by authorized representatives of both panics.The waiver or failure by either party to exercise or enforce any right
provided for in the Agreement shall not be deemed a waiver of any further right under the Agreement. Any provision of the Agreement
held to be invalid under applicable law shall not render the Agreement invalid as a whole,and in such an event,such provision shall be
interpreted so as to best accomplish the intent of the parties within the limits of applicable law. The Agreement may be executed by
facsimile and in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same
instrument.
22. Expiration. 'The rights and obligations contained in these Terms and Conditions shall survive any expiration or termination of the
Agreement.
23. Certificate 9f Interested Parties Consultant agrees to comply with Texas Government Code section 2252 908 and complete Form 1295
Certificate of Interested Parties as pan of this agreement.
223288513/13399.000
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
httns://www.ethics.state.tx.us/whatsnew/elf info tirmI295.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 httas://www.ethics.state.tx.us/legal/ch46.html.
24. C*nflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Gc vemment Code and file Form CIQ with the City
Secretary's Office,if required. For more information and to determine if you need to file Form CIQ,please review the information on the
City Secretary's website at htto://www.cctexas.com/govemment/city-secretary/conflict-disclosure/index
25. 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 Exhibit C,the content of which is incorporated by reference
into this Agreement as if fully set out here in its entirety.
26. Verification Regarding Israel. In accordance with Chapter 2270,Texas Government Code,the City may not enter into a contract with a
company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel;and
(2)will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that
the company does not boycott Israel and will not boycott Israel during the term of this Agreement.
2232885/3/13399.000
Exhibit B
Maintenance Schedule and Minimum Service Levels
1. Uptime and Maintenance.
The Solution shall be available 24 hours per day during the term of this Agreement. The
Solution shall be fully functional, timely and accessible by Client at least 99.5%of the
time or better and Brycer shall use reasonable efforts to provide Client with advance
notice of any unscheduled downtime.
2. Response Time.
Brycer shall respond to telephone calls from Client within two hours of the call and/or
message and all emails from Client within two hours of the receipt of the email.
3. Customer Support
Customer support hours are 24/7/365. The toll free number is 1-855-279-2371
Brycer will assign client a dedicated customer representative with direct access to their
email and work number.
EXHIBIT C
INSURANCE REQUIREMENTS
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 Director Human Resources, 2 copies of
Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum
coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as
an additional insured ¢n the General liability and Auto Liability policies by endorsement, and a waiver
of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project
name and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence- aggregate
policy endorsements
Commercial General Liability including: $1,000,000 Per Claims Made
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) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Claims Made
Contractor shall name the City of Corpus
Christi,Texas as Loss Payee
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 famish the Risk
Manager with copies of all reports of any accidents within 10 days of the accident.
8
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 lauthorized and admitted to do business in the State of Tex'ps 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
Atm: 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 thirty(30) calendar days advance written notice directly to City of any suspension, cancellation,
non-renewal or material change in coverage, and not less than ten (10) calendar days advance written
notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, 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
9
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain
any insurance or policy endorsements to the extent and within the time herein required, the City shall
have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if
any, which become due to Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof
G. Nothing herein contained shall be construed as limiting inlany 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.
2017 Insurance Requirements
Legal Dept.
Collection Service for Back Flow Inspection Fees
09/22/2017 sw Risk Management
10
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County ofNueces } Ad d 1903439
PO # //'
Before me. the undersigned, a Notary Public, this day personally eamelreOf0,J0. Lawson . who
being first duly sworn, according to law, says that she is LEGAL SALES REI'RUUESENATI VE AND
EMPLOYEE OF THE PUBLISHER, namely,the C'ntpus 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 NOTICE OF PASSAGE OF ORDINANCE(S) NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 01/29/18 Mon
CC-Internet - caller.com 01/29/1 : Mon
���'�'��'' _ LE AL , • ES REPRESENTATIVE
On this l�_day of AP.(V(uQV(4, , 20 La t certify that the attached document is a true
and exact copy made by publisher. P -�/.J�
kil AA (u 1 _�i
— NoYnry Public, State of Texas
SYLVIA P PEREZ
My Notary ID#12E819013
12#1#24., ----Fp
., lres February 2],2021
8B I MONDAY,JANUARY 29, 2018 1 CALLER-TIMES
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 031344, Ordinance
amending Corpus Christi
Code of Ordinances, Sec-
tions 14-281 &14-291 autho-
rizing third-party inspection
reporting system for back-
flow preventers; authoriz-
ing the execution of a one
year agreement with Bry-
cer, LLC, of Warrenville, IL
for a third-party inspection
reporting system, with the
option to renew annually
with City Council approv-
al; and providing for pen-
alties and publication. This
ordinance was passed and
approved on second reading
by the Corpus Christi City
Council on January 23,2018.
/s/Rebecca Huerta
City Secretary