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HomeMy WebLinkAbout031753 ORD - 04/30/2019 Ordinance Authorizing the acceptance of a donation from Citgo in the amount of $175,000 to be used to support the Corpus Christi Fire Department; and appropriating the funds into the Fire Grant Fund No. 1062. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Manager or designee is authorized to accept a donation from Citgo in the amount of $175,000 to be used to support the Corpus Christi Fire Department's ability to effectively respond after the event of a disaster. SECTION 2: That $175,000 from Citgo is appropriated in the Fire Grant Fund No. 1062 to be used to purchase the items listed in Attachment 1 of the letter agreement. 031753 That the foregoing ordinance was read for the first time and passed to its second reading on this the 9-- Yuday ofQ� , 2019, by the following vote: Joe McComb .' Michael Hunter a ' Roland Barrera 0 ? Ben Molina i ! Rudy Garza I. APA 'U Everett Roy i, I _AL,Paulette M. Guajardo 1L Greg Smith Gil Hernandez i t ' That the i•regoin• ordinance was read for the second time and passed finally on this the Sdkj day of CI • 1 i 2019, by t e following vote: Joe McComb l.1 / Michael HunterAl Roland Barrera 14 ,0 Ben Molina I). ' Rudy Garza Everett Roy , '_.1/e,L Paulette M. Guajardo II .I,! Greg Smith I.,, Gil HernandezI / , I PASSED AND APPROVED on this the day of Q , 2019. ATTEST: Re•-cca L. Huerta J•- McComb City Secretary . or 031753 CITGO Petroleum Corporation P.O.Box 4689 Houston,TX 77210-4689 CITGO, April 4, 2019 Robert Rocha Fire Chief Corpus Christi Fire Department Corpus Christi,TX Dear Chief Rocha, CITGO Petroleum Corporation ("CITGO") is pleased to make a donation in total amount of One Hundred Seventy Five Thousand Dollars and 00/100 Dollars (S175,000.00) ("Donation") to the City of Corpus Christi, Texas (the "City"), a Texas municipal entity exempt from federal income taxation under Section 115 of the Internal Revenue Code of 1986, designated and earmarked for the Corpus Christi Fire Department ("CCFD"), an integral department and instrumentality of the City, to support CCFD's ability to effectively respond after the event of a disaster. CITGO's donation is subject to and conditioned upon the terms stated in this letter agreement, and CCFD's written acceptance of same. Therefore, CCFD agrees to and accepts the following terms and conditions for the Donation: 1. Within ten (10) days upon receipt of the donation from CITGO, CCFD shall complete and promptly provide to CITGO a written receipt of this donation in the form of the Contribution Receipt Form attached to this agreement. 2. CCFD agrees that the Donation will be used to purchase items listed in Attachment 1 (the "Items"). If exact Items are not available, CCFD may purchase comparable items. 3. CCFD verifies that there is adequately trained employees to utilize the Items designated for purchase with the Donation; proper storage and maintenance plans exist or will be developed for the Items; and that the Items purchased will be used to protect and serve the public more effectively in pre- and post-disaster situations. 4. CCFD represents it is political subdivision of the state of Texas and an integral department and instrumentality of the City, exempt from federal income taxation. CCFD represents that the execution, delivery and performance of this agreement are within CCED's powers, and have been or will be duly authorized by all necessary action, and no part of the Donation shall be used to participate or intervene, directly or indirectly, in any political campaign on behalf of,or in opposition to, any candidate for public office. 5. CCFD agrees to not issue a press release regarding this donation or to use CITGO's or its affiliates' names, logos or marks of any kind in any advertising or publicity, without CITGO's prior written consent. 6. This agreement constitutes the entire understanding between the parties and supersedes all previous understandings, agreements, communications, representations, whether written or oral, concerning the subject matter hereof. 7. This agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together shall be considered one and the same agreement. A signed copy of such instruments transmitted via facsimile, email or other electronic means shall constitute an originally signed instrument. 8. This agreement shall be construed, interpreted and applied in accordance with the laws of the State of Texas, without regard to any conflicts of laws or provisions of another jurisdiction. Both parties accept and consent and agree to the exclusive jurisdiction of the applicable state and federal courts of and located in Harris County, Texas for the resolution of any disputes arising under or relating to this Agreement. The prevailing party in any legal proceeding arising from this Agreement shall be entitled to recover from the non-prevailing party, all expenses (including reasonable attorney's fees) and costs incurred by the prevailing party. Please acknowledge CCFD's understanding and agreement with the foregoing provisions by signing both enclosed original copies of this letter where indicated below and returning one signed original copy of this letter and the completed Contribution Receipt Form attached hereto to CITGO at the address above, care of Larry Elizondo. Upon receipt of a signed original copy of this agreement, CITGO will arrange for the donation to be donated to CCFD. Please do not hesitate to contact Shannon McNary at (832) 486—4061 or smcnary@citgo.com if you have any questions. Sincerely, Larry Elizondo General Manager Community Relations, Corporate Social Responsibility and Legislative Affairs CITGO Petroleum Corporation Attachments Acknowledged and Agreed to this day of At/el 4,,2019: Corpus Christi Fire Department By: Name: Robert Rocha Title: Fire Chief CCFD, Authorized Representative Date: , °2O l 2 Attachment 1 APPROX QTYEquipment/Training Personal Protective Gear 12 Level"A"Suits 18 Level"B"Suits 18 Bio seal Tyvek Style suit 60 FR Coveralls 1 Level"A" Pressure Tester Detection/Identification Tools 4 Area Rae Pro 10 QRae3 6 MultiRae Lite 6 Tier 2 License 4 Tier 3 License 4 Rae link Mesh Modem Set 11 Drager Tubes 1 Sen Gold LEL only PPM 1 identiFINDER R400 Training HazClass Training for 60 FF Operations 1 Midland ER KIT 1 Classification kit 1 Pancake Frisker 1 Rad Training source kit 1 Chlorine kit upgrade 151 B Box Kit B conversion 1 Magnetic Patch 2 66 gal berm 2 100 gal berm Total $175,000.000 3 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: April 30, 2019 Legistar Number: 19-0509 Agenda Item: Ordinance authorizing the acceptance of a donation from Citgo in the amount of$175,000 to be used to support the Corpus Christi Fire Department; and appropriating the funds into the Fire Grant Fund No. 1062. Amount Required: (Amount to be Certified) $ 175,000.00 Fund Name Accounting Unit Account No. Activity No. Amount Grant Funds 1062-091 520090 840016L $175,000.00 Grant Funds 1062-888 344000 840016L ($175,000.00) Total $175,000.00 ❑ Certification Not Required atvi,w 51,4 Director of Financial Services Date: 4-I