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HomeMy WebLinkAboutAgenda Packet City Council - 07/14/2020City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, July 14, 2020 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Mayor Joe McComb. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS Page 1 City of Corpus Christi Printed on 7/13/2020 July 14, 2020City Council Meeting Agenda - Final-revised G.MINUTES: 1.20-0764 Regular Meeting of June 23, 2020 H.BOARD & COMMITTEE APPOINTMENTS: 2.20-0765 Library Board (2 vacancies) I.EXPLANATION OF COUNCIL ACTION: J.CONSENT AGENDA:(ITEMS 3 - 18) Consent - Second Reading Ordinances 3.20-0647 Ordinance accepting a $50,000 grant from the Office of the Governor’s Homeland Security Grants Division for FY2021 Local Border Security Program; and appropriating $50,000 in Police Grants Fund. Sponsors:Police Department 4.20-0631 Ordinance abandoning and vacating a utility easement (1,502 square feet), with dimensions of 5-foot wide by approximately 300-feet, out of Lots 1, 2, 3 and 7, Block 4, in Ocean Drive Addition located at 5601 Ocean Drive. Sponsors:Development Services 5.20-0680 Ordinance accepting a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Historic Preservation Plan Update project with a City match of $25,000; appropriating $25,000 for City matching funds; and amending the Operating Budget by increasing expenditures by $25,000. Sponsors:Development Services and Planning & Environmental Services Consent - Contracts and Procurement 6.20-0762 Motion authorizing a two-year supply agreement with GT Distributors, Inc. in an amount not to exceed $202,238.76, for the purchase of ammunition for different weapons for the Corpus Christi Police Department, with FY 2020 funding in an amount of $25,300.00 available in the General Fund. Sponsors:Police Department and Contracts and Procurement 7.20-0707 Motion authorizing a two-year supply agreement with Galls, LLC for an amount not to exceed $327,574.00, for the purchase of police uniforms and protective gear, with FY 2020 funding in the amount of $33,700.00 available in the General Fund and $7,275.00 available in the Corpus Christi Crime Control Fund. Sponsors:Police Department and Contracts and Procurement Page 2 City of Corpus Christi Printed on 7/13/2020 July 14, 2020City Council Meeting Agenda - Final-revised 8.20-0727 Motion authorizing five, three-year supply agreements for the purchase of medical supplies for the Corpus Christi Fire Department, with an agreement with each of the following vendors: Bound Tree Medical, LLC in an amount not to exceed $414,500.00; Henry Schein, Inc. in an amount not to exceed $244,800.00; Life-Assist, Inc. in an amount not to exceed $92,800.00; Medline Industries, Inc. in an amount not to $147,700.00 and Quadmed, Inc. in an amount not to exceed $132,200.00, with FY 2020 funding in an amount of $86,000.00 available in the General Fund. Sponsors:Fire Department and Contracts and Procurement 9.20-0452 Motion authorizing Amendment No. 2 with Aclara Technologies, LLC, for professional services, hardware, and software necessary to upgrade the automatic meter reading system and provide a customer portal to view utility consumption and history for an amount not to exceed $1,245,250.02, effective upon execution of the amendment, with FY 2020 funding in an amount of $602,431.26 available in the Water Fund and $361,458.76 available in the Gas Fund . Sponsors:Information Technology Services, Utilities Department and Contracts and Procurement 10.20-0757 Motion authorizing a one-year service agreement with Great South Texas Corp dba Computer Solutions in an amount of $85,146.87 for the maintenance renewal for Cisco Smartnet for support for a hardware and software network infrastructure upgrade, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $85,146.87 available in the information Technology Fund. Sponsors:Information Technology Services and Contracts and Procurement 11.20-0650 Motion authorizing the purchase of five light duty pickup trucks from Silsbee Ford in an amount of $203,525.00, for the Gas Operations Department, effective upon issuance of a notice of acceptance, with FY 2020 funding in an amount of $203,525.00 available in the Gas Fund. Sponsors:Gas Department and Contracts and Procurement 12.20-0651 Motion authorizing a three-year service agreement with Rush Truck Centers of Texas, LP, for a total amount not to exceed $2,619,000.00, for off-site repairs to Peterbilt vehicles and equipment for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $218,250.00 available in the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement 13.20-0570 Motion authorizing a three-year supply agreement with O’Reilly’s for an amount not to exceed $420,000.00 for the purchase of automotive maintenance parts for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $35,000.00 available through the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement Page 3 City of Corpus Christi Printed on 7/13/2020 July 14, 2020City Council Meeting Agenda - Final-revised 14.20-0689 Motion authorizing a two-year supply agreement with Omicron Controls for an amount not to exceed $70,175.60, for the purchase of large water (flow) meters used by the Utilities Department, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $17,550.00 available in the Water Fund. Sponsors:Utilities Department and Contracts and Procurement 15.20-0688 Motion authorizing a three-year supply agreement with Camacho Demolition, LLC, for a total amount not to exceed $234,000.00, for the purchase of crushed concrete for Solid Waste Operations on all weather roads, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $19,500.00 available in the General Fund . Sponsors:Solid Waste Operations and Contracts and Procurement Consent - Capital Projects 16.20-0313 Motion awarding a construction contract to J Carroll Weaver for reconstruction of Swantner Drive from Indiana Avenue to Texan Trail, Chamberlain Street from Swantner Drive to Reid Drive and Glazebrook Drive from Swantner Drive to Reid Drive, located in Council District 2, with new asphalt pavement and utility improvements in the amount of $7,113,357.76 with funding available from the Street Bond 2018 and FY 2020 Storm Water, Wastewater, Water and Gas Funds. Sponsors:Engineering Services and Public Works/Street Department General Consent Items 17.20-0665 Resolution amending Financial Budgetary Policies adopted by Resolution 031821 and providing financial policy direction on preparation of the annual budgets. Sponsors:Chief Financial Officer and Office of Management and Budget 18.20-0710 Resolution authorizing developer participation agreement with Walker Holdings and Development, LLC to reimburse developer up to $698,177.56 for construction of Silverado Drive, Emory Drive and stormwater drainage channel improvements as part of a City initiated effort to incentivize single-family housing in Calallen near Steel Dynamics plant in nearby Sinton, Texas. (District 1) Sponsors:Development Services K.RECESS TO CORPORATION MEETING: (ITEM 19) 19.20-0703 Special Board Meeting of the Corpus Christi Housing Finance Corporation regarding the redevelopment of the Ward Building. Sponsors:Grant Monitoring L.RECONVENE COUNCIL MEETING Page 4 City of Corpus Christi Printed on 7/13/2020 July 14, 2020City Council Meeting Agenda - Final-revised M.RECESS FOR LUNCH N.PUBLIC HEARINGS: (ITEM 20) 20.20-0804 Ordinance changing the name of William Street to Lomax Street located in City Council District 1. (Requires at least 3/4 majority vote for approval) Sponsors:Public Works/Street Department O.REGULAR AGENDA: P.FIRST READING ORDINANCES: (ITEM 21) 21.20-0167 Ordinance approving a three year Business Incentive Agreement between the Type B Corporation and The Botanical and Nature Institute of South Texas, Inc. dba South Texas Botanical Gardens & Nature Center in the amount of $89,000 for the resurfacing of the nature trail at 8545 South Staples Street, effective upon signature of the City Manager or designee; appropriating funds in the amount of $89,000 from the Type B Economic Development Fund; and amending the budget. Sponsors:Economic Development Q.BRIEFINGS: (ITEM 22) 22.20-0838 Introduction presentation on the potential of a new Tax Increment Reinvestment Zone Sponsors:Finance & Business Analysis R.EXECUTIVE SESSION: S.IDENTIFY COUNCIL FUTURE AGENDA ITEMS T.ADJOURNMENT Page 5 City of Corpus Christi Printed on 7/13/2020 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, June 23, 2020 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:34 a.m. Invocation to be given by Mayor Joe McComb.B. Mayor McComb gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. 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 K. Risley and City Secretary Rebecca L. Huerta. Note: Council Members Paulette Guajardo, Everett Roy, Roland Barrera and Greg Smith participated by video conference. Council Member Michael Hunter participated telephonically. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Page 1City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. E. Mayor McComb referred to comments from the public. The following citizens submitted public comments which are attached to the minutes: Oscar Dodier, 130 Watson St.; Sandra Garcia; Sandra Sanchez; Lisa Donica; Zachary Lawson; Melissa Rollins, 3833 S. Staples St,; Kirk Cammarata, 7602 Impala Dr.; and Gary Jaskier, 325 Doddridge St. The following citizen called in regarding the Big Bang Fireworks Show on July 4, 2020: Oscar Dodier, 130 Watson St. The following citizens submitted written testimony in opposition to Item 5: Darlene Gregory, 1024 Leopard St.; and David Loeb, 425 Del Mar Blvd. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 4th of July event task force to manage traffic on the island; sanitation team doubled; additional trashcans; and additional lifeguards. Director of Public Works Richard Martinez presented information on the Page 2City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes following topics: Park Road 22 traffic plan; traffic plan overview; Park Road 22 at Aquarius traffic plan; traffic volumes; and daily traffic volumes. Chief of Police Mike Markle presented information on the following topics: supply public safety, enforcement and special operations on the beach; DPS to help out with DWI's; Downtown Big Bang festival plan to clear out traffic quickly; North Beach traffic control; and fireworks enforcement plan. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa. Director of Public Health District Annette Rodriguez presented an update on COVID 19: COVID-19 positive results; COVID-19 testing-lab numbers; drive thru testing; total cases; recovered and deaths; COVID-19 weeks with highest number of cases; new signs and symptoms of COVID-19; I'm positive for COVID-19-now what?; quarantine 14 days to keep spread down; Nueces County-widespread transmission; strategies that work; change behavior to lower risk; no exposure, no risk; and 330,000 deaths globally. Council Members, City Manager Peter Zanoni and Director of Public Health District Annette Rodriguez discussed the following topics: a Council Member's concern to get test results back quicker; majority of positive cases are community spread; if the patients who are testing positive for COVID-19 are being asked what precautions they are taking; a public outreach website is available; most of the patients who are hospitalized are due to COVID-19; the availability of testing supplies; is Nueces County getting more attention from state and federal due to our positive numbers rising; how soon did the exposure to COVID-19 occur; 150 City employees are self-quarantining; and if someone tests positive for COVID-19 and then recovers, can that person get it again. MINUTES:G. 1.Regular Meeting of June 16, 2020 A motion was made by Council Member Garza, seconded by Council Member Molina that the Minutes be approved. The motion carried by a unanimous vote. Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 BOARD & COMMITTEE APPOINTMENTS:H. 2.Corpus Christi Downtown Management District (1 vacancy) Corpus Christi Regional Transportation Authority (5 vacancies) Mayor McComb referred to Item 2. Corpus Christi Downtown Management District Council Member Garza made a motion to appoint Krystof Kucewicz, seconded by Council Member Hunter and passed unanimously. Page 3City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes Corpus Christi Regional Transportation Authority Council Member Molina made a motion to reappoint Anne Bauman, Patricia Dominguez, Philip Skrobarczyk, and Matthew Woolbright, seconded by Council Member Hunter. Council Member Barrera abstained. Council Member Hernandez voted no. Council Member Hunter nominated Eloy Salazar. Council Member Smith nominated Jacob Dryden. Eloy Salazar was appointed with Council Members Garza, Guajardo, Hernandez, Hunter and Molina voting for Eloy Salazar, Mayor McComb and Council Members Roy and Smith voting for Jacob Dryden. Council Member Barrera abstained. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 3 - 12)J. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 5, 11 and 12 be pulled for individual consideration. There were no comments from the Council. A motion was made by Council Member Garza, seconded by Council Member Molina to approve the Consent Agenda with the exception of Items 5, 11 and 12. The consent agenda was approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Consent - Second Reading Ordinances 3.Zoning Case No. 0420-03, Covenant Baptist Church (District 5). Ordinance rezoning property at or near 7001 Williams Drive from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Planning Commission and Staff recommend Approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032144 4.Ordinance authorizing Developer Participation Agreement with MPM Development, LP, to reimburse developer up to $874,000 for oversizing required for a master planned water grid main; authorizing Water Grid Main, Water Distribution Main, Wastewater Trunk Main, and Wastewater Collection Line Extension Construction Reimbursement Agreements with MPM Development, LP to install grid mains, water distribution mains, wastewater trunk main, and wastewater collection lines for a planned Page 4City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes residential subdivision with completion within 18 months; appropriating $154,126.23 from the Water Arterial Transmission & Grid Main Trust Fund, $16,673.25 from the Water Distribution Main Trust Fund, $75,706.88 from the Sanitary Sewer Trunk System Main Trust Fund, and $45,607.42 from the Sanitary Sewer Collection Line Trust Fund to reimburse the developer per the agreements. (District 3) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032145 5.Ordinance authorizing a Professional Services Agreement for design services with Lockwood, Andrews & Newman, Inc. for the North Beach Navigable Canal project in an amount not to exceed $508,988 for Phase I services which include a determination of the project scope and limits and whether or not the canal will function as a major drainage facility and be navigable, located in City Council District 1, with funding available from financial reserves within the Storm Water Capital Funds. Mayor McComb referred to Item 5. Council Members, City Manager Peter Zanoni and Director of Public Works Richard Martinez discussed the following topics: a Council Member's request to postpone this item to revisit finances; a Council Member's concern about utility rates increasing and the unknown impact of COVID-19 on the City's budget; this project will not increase utility rates; a Council Member's concern of how citizens will pay for storm water; storm water is unrelated to the amount of water citizens consume; the City has a budget set aside for this project; and the $500,000 is not going to cause an increase in taxpayer dollars. Council Member Garza made a motion to approve this ordinance, seconded by Council Member Hernandez. This Ordinance was passed on second reading and approved with the following vote: Aye:Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Roy 7 - Nay:Mayor McComb and Council Member Smith2 - Abstained:0 Enactment No: 032146 6.Ordinance amending the Corpus Christi Code to codify the Municipal Court Committee This Ordinance was passed on second reading on the consent agenda. Enactment No: 032147 Consent - Contracts and Procurement 7.Resolution authorizing a three-year service agreement with HACH Page 5City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes Company for the Water Information Management System (WIMS), for a total amount not to exceed $68,764.60; and the purchase and one-year service agreement for a BioTector Analyzer not to exceed $124,212.52, for the Water Division of the Utilities Department, effective upon issuance of notice to proceed, with funding in the amount of $192,977.12 available in the Water Fund. This Resolution was passed on the consent agenda. Enactment No: 032148 8.Motion authorizing a three-year license agreement with SHI Government Solutions in an amount of $197,149.42, to purchase Splunk Security Software for Information Technology Department, effective upon issuance of a notice to proceed, with FY 2020 funding in an amount of $82,133.14 available in the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2020-106 9.Motion authorizing a six-month service agreement with Blastco Texas, Inc. in the amount of $85,000.00 for the fabrication and installation of a lifting beam used by the Utilities Department at Choke Canyon Dam for crane operations, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $85,000.00 available in the Water Fund . This Motion was passed on the consent agenda. Enactment No: M2020-107 Consent - Capital Projects 10.Motion authorizing Amendment No. 1 to the professional services contract with Jacobs Engineering Group, Inc., to provide additional professional services to furnish the design, permitting, bid documents and construction phase services for the Cole Park Pier project, located in City Council District 2, in the amount of $613,055.00 for a total revised contract value not to exceed $713,055.00, effective upon notice to proceed, with funding approved and available from Bond 2018. This Motion was passed on the consent agenda. Enactment No: M2020-108 General Consent Items 11.Resolution amending Financial Budgetary Policies adopted by Resolution 031821 and providing financial policy direction on preparation Page 6City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes of the annual budgets. Mayor McComb referred to Item 11. Director of Management & Budget Eddie Houlihan presented information on the following sections of the proposed financial policies: Section 3-General Fund/Working Capital; Section 7-Funding Level from General Fund for Street Maintenance; Section 8-Funding Level from General Fund for Residential Street Reconstruction Fund; Section 10-Funding for Corpus Christi Fire Fighter's Retirement System; Section 18-Capital Improvement Plans/Funding; and Section 23-Budget Controls. Council Members, Director Houlihan, City Manager Peter Zanoni and Chief Financial Officer Constance Sanchez discussed the following topics: a Council Member's request for clarification of Section 3-General Fund/Working Capital; firefighters do not receive social security; operating dollars are needed for repair and maintenance; the operating budget can be used for capital projects and the capital budget will be customized to the individual project; a Council Member's request for the budget to include the maintenance for projects; a Council Member's request to edit Section 10 to read "fully funded"; the City Manager established a task force to make the firefighters' retirement fund more sound; a Council Member's concern of the verbiage in Section 18 Capital Improvement Plans/Funding; staff's recommendation to increase firefighters retirement to 2-1 matching ratio; the ongoing maintenance type projects should be done through pay as you go to the extent possible; and Council's desire to table the resolution until July 14 to allow staff to prepare amendments to Sections 10 and 18. Council Member Molina made a motion to table this Item until July 14, 2020, seconded by Council Member Garza. This Item was tabled with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 BRIEFING: (ITEM 18)Q. 18.2020 Charter Review Ad Hoc Committee - Final Report presented by Chairperson Toby Futrell Mayor McComb deviated from the agenda and referred to Item 18. Charter Review Ad Hoc Committee Chairperson Toby Futrell presented information on the following topics: 2020 Charter Review Ad Hoc Committee Report; introduction; methodology; timeline; Proposition #1-Longer staggered council terms combined with single member districts; longer council terms are considered almost every two years, but not brought forward: why?; Recommendation #1: Removing barriers to longer terms; Fast forward to separate, later discussion of single member districts; Proposition #1: single member districts with staggered 4 year council terms; Proposition #3: term limits; interrelated elements of term length, staggered terms, term limits and definition of a term; Proposition #2: Mayor and council compensation; Page 7City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes Proposition #4: Initiative/Referendum signature requirement; Proposition #5: consistent zoning approval; Proposition #6: removing a council member from office; Recommendations; recommendation #1: removing barriers to longer terms; recommendation #2: financial transparency with intra-departmental; budget transfers-recommendation #3: financial transparency with city contracts; and recommendation #4: council staff support. Council Members, City Attorney Miles Risley, City Manager Peter Zanoni and Chairperson Futrell discussed the following topics: a Council Member's request for more public feedback; Council Members commended Ms. Futrell and staff for the time, energy and effort they put into this research; the language has not been changed in the charter referendum with the police and fire department contracts; a Council Member's concern with the verbiage in Proposition #2 related to compensation on the ballot; if there is a way to tell if the citizens have downloaded the document and read the full report or just read the headline; a Council Member's concern of recommendation #3 regarding purchase order thresholds; the final deadline for ballot language is August 11, 2020; and a Council Member's request for a workshop to finalize the language. 12.Motion approving an incentive agreement in the amount of $154,227.00 between the Corpus Christi Business and Job Development Corporation and the Community Development Corporation of Brownsville, dba come dream. come build., regarding a potential owner occupancy affordable housing project at 4017 Capitol Drive. Mayor McComb referred to Items 12, 13 and 14. Council Members, Assistant City Manager Keith Selman discussed the following topics: what the $154,227 will fund; what is the definition of affordable housing; and what is the cost per square foot. Director of Housing/Community Development Rudy Bentancourt presented information on the following topics: Congress Park Affordable Housing Development; background; aerial view; south of subject property; north of subject property; east of subject property; west of subject property; Type A Agreement; potential design; critical path forward; and next steps. Council Members, City Manager Peter Zanoni, Assistant City Manager Keith Selman and Director of Community Development Corporation of Brownsville Nick Mitchell-Bennett discussed the following topics: if the project costs $150 per square foot, how much is the developer going to subtract from the selling price to the buyer; the entire amount of money including the land will be used as subsidy; on average each buyer will get about $46,000 and no buyer will get more than they need; looking at the most affordable mortgage and every dollar that the City is investing will be turned over to subsidize the buyers; a Council Member's concern of using an out of town developer so the bid needs to be better than a local builder; there are no deed restrictions on this particular lot; a Council Member's concern of why this area was picked for affordable housing; and a Council Member's request for the community input before voting on this project. Council Member Barrera made a motion to table Items 12, 13 and 14 until July 14, 2020, seconded by Council Member Garza. These Items were tabled with Page 8City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 RECESS TO CORPORATION MEETINGS: (ITEMS 13 - 14)K. 13.Special Board Meeting of the Corpus Christi Community Improvement Corporation regarding a potential owner occupancy affordable housing project at 4017 Capitol Drive. Refer to Item 12-Tabled until July 14, 2020. 14.Special Board Meeting of the Corpus Christi Housing Finance Corporation regarding a potential owner occupancy affordable housing project at 4017 Capitol Drive and other matters. Refer to Item 12-Tabled until July 14, 2020. RECONVENE CITY COUNCIL MEETING:L. RECESS FOR LUNCHM. The recess for lunch was held during Executive Session Items 20 and 21. PUBLIC HEARINGS: (NONE)N. REGULAR AGENDA:O. FIRST READING ORDINANCES: (ITEMS 15 - 16)P. 15.Ordinance accepting a $50,000 grant from the Office of the Governor’s Homeland Security Grants Division for FY2021 Local Border Security Program; and appropriating $50,000 in Police Grants Fund. Mayor McComb referred to Items 15 and 16. There were no comments from the Council or the public. Council Member Molina made a motion to approve Items 15 and 16, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 9City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes 16.Ordinance accepting a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Historic Preservation Plan Update project with a City match of $25,000; appropriating $25,000 for City matching funds; and amending the Operating Budget by increasing expenditures by $25,000. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 BRIEFINGS: (ITEMS 17 and 19) 17.Proposed Consent Decree with the United States of America and State of Texas providing for the City to take measures to comply with the U.S. Clean Water Act, Texas Water Code, and other environmental laws. Mayor McComb referred to Item 17. Director of Water Utilities Kevin Norton presented the information on the following topics: EPA proposed wastewater system consent decree; proposed consent decree; consent decree key takeaways; estimated wastewater rate increase based on 5,000 gallon monthly usage; 15 year estimated expenditures; and annual projected expenditures. Council Members, City Manager Peter Zanoni and Director Norton discussed the following topics: there is about a 93% reduction in overflows; some of the debt is from prior revenue bonds; the money is coming from a liability account set up from the wastewater fund; there has not been a lot of preventative maintenance in the past; approximately $100,000 is set aside annually to pay the fines in the consent decree; the increases don't just reflect wastewater, it also includes water, storm water and gas; the storm water rate impact is not readily available; and City Manager Zanoni acknowledged City Attorney Miles Risley and the legal team for their hard work on this project. 19.Flatiron/Dragados Briefing on the Harbor Bridge Replacement Project Mayor McComb referred to Item 19. Public Information Manager with Flatiron/Dragados Lynn Allison and Darrel Chamber presented information on the following topics: US 181 Harbor Bridge Project; agenda; frequently asked questions; safety training and COVID-19 impacts; environmental impacts; environmental quality assurance; quality assurance plan; construction update; operations and maintenance; north and south drainage improvements; project sections; Robstown pre-cast yard; north beach roadworks-US 181 traffic switch; north approach; cable stay bridge footings and towers; south approach column foundation footing; south approach; roadworks; 21 total roadway bridges; Nueces Bay bridge reconstruction; traffic impacts; future traffic patterns; Martin Luther King Drive Page 10City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes opening; project communications; online traffic information; community involvement; and contact us. Council Members, City Manager Peter Zanoni, Public Information Manager Lynn Allison, Darrel Chamber, Director of Public Works Richard Martinez and Assistant Director of Street Planning Sarah Munoz discussed the following topics: Council Member's request regarding dredging materials; there is no scheduled timeline for the project until the new engineer of record is on board; a Council Member's request for the timeline for when the engineer of record will be on board and concern of the additional cost related to utility relocation; the cap was $21 million; a Council Member's request for a briefing on traffic study of the off-ramp on the northbound side going into North Beach after the project is complete; it is the City's responsibility to remove the stop sign near "sweeping curve"; and a Council Member's concern of the elevation issue on North Beach. EXECUTIVE SESSION: (ITEMS 20 - 21)R. Mayor McComb referred to Executive Session Items 20 and 21. The Council went into executive session at 2:12 p.m. The Council returned from executive session at 3:06 p.m. 20.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 sanitary sewer overflows and the City’s sanitary sewer system, water system, and/or drainage system and/or potential future litigation involving the U.S. Environmental Protection Agency, State of Texas, and/or U.S. Department of Justice and the potential approval of attorney’s fees, expert fees, and expenses for negotiations and/or litigation with the aforesaid entities. This E-Session Item was discussed in executive session. 21.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City Charter and potential changes thereto, including, but not limited to questions related to past and/or potential litigation related to the U.S. Voting Rights Act, Abel Alonzo, et al. v. Luther Jones, et al., and other lawsuits and reported appellate cases concerning elections, candidate eligibility, term limits, compensation, initiative, referendum, and other municipal charter related legal issues . This E-Session Item was discussed in executive session. IDENTIFY COUNCIL FUTURE AGENDA ITEMSS. Mayor McComb referred to Identify Council Future Agenda Items. No Items were discussed or identified. Page 11City of Corpus Christi Printed on 7/1/2020 June 23, 2020City Council Meeting Minutes ADJOURNMENTT. The meeting was adjourned at 6:01 p.m. Page 12City of Corpus Christi Printed on 7/1/2020 Duties Composition Member size Term length Term limits 9 2 years 6 years Name District Term Appt. date End date Appointing Authority Position Status Category *Brian Solarek District 4 3 11/12/2013 11/5/2019 City Council Resigned *Tom Krepel District 5 2 1/24/2017 11/5/2020 City Council Resigned Ida A Hobbs District 5 1 2/12/2019 11/5/2020 City Council Active Alice Nixon District 5 2 6/14/2016 11/5/2020 City Council Chair Active La Retama Club Roberta H Sewell District 2 1 3/26/2019 11/5/2020 City Council Active Friends of the Libraries Board Nicole Carroll District 4 2 11/6/2019 11/5/2021 City Council Active Candace S Hart District 1 2 11/6/2019 11/5/2021 City Council Active Dr. Vickie C. Natale District 2 1 11/6/2019 11/5/2021 City Council Active Julie T Rogers District 1 2 11/6/2019 11/5/2021 City Council Active Nine (9) voting members which nine (9) members shall be appointed by the City Council with terms of two (2) year or until a successor is appointed. A member in each of the following categories is preferred but not required: La Retama Club and Friends of the Corpus Christi Public Libraries Board. The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. *Two (2) vacancies with terms to 11-5-20 and 11-5-21, representing the following preferred but not required category: Regular Member. LIBRARY BOARD 7-14-2020 Name District Category Melanie Mora District 4 Regular member Kirby D Tello District 2 Regular member David B Watson District 4 Regular member LIBRARY BOARD Applicants DATE: May 27, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance accepting a grant in the amount of $50,000.00 from the State of Texas Governor’s Homeland Security Grants Division for the FY 2021 Local Border Security Program; and appropriating $50,000.00 in the Police Grants Fund. SUMMARY: This ordinance accepts and appropriates $50,000.00 in grant funding to support the FY 2021 Local Border Security Program. BACKGROUND AND FINDINGS: The Local Border Security Program (LBSP) grant centers on the use of intelligence to increase the effectiveness of federal, state, and local law enforcement assets. The purpose of the program is to sustain interagency law enforcement operations and enhance local law enforcement patrols to facilitate directed actions to deter and interdict criminal activity. All law enforcement agencies who receive funding through LBSP shall assist in the execution of coordinated border security operations in an effort to reduce border-related criminal activity in Texas, decrease the supply of drugs smuggled into and through Texas from Mexico, disrupt and deter operations of gang and cartel criminal organizations, etc. The Police Department will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and extra territorial jurisdiction (ETJ) targeting known drug, currency and human trafficking routes operating in the South Texas area to points north (ETJ extends five miles out from the city’s boundaries). The funding provides for overtime and retirement for sworn officers. There is no City match required. Funding is available from September 1, 2020 – August 31, 2021. The City has been receiving the grant since 2008. ALTERNATIVES: Not accept the grant and provide less enforcement of criminal activity. Acceptance of a Grant for the Local Border Security Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 23, 2020 Second Reading Ordinance for the City Council Meeting of June 30, 2020 FISCAL IMPACT: The fiscal impact for FY 20 is accepting funds and appropriating $50,000 to the Police Grants Fund. Funding Detail: Fund: 1061 Organization/Activity: Police Grants Fund Mission Element: 151 Project # (CIP Only): Account: 510000 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award document Ordinance accepting a $50,000 grant from the Office of the Governor’s Homeland Security Grants Division for FY2021 Local Border Security Program; designating an authorized official; and appropriating $50,000 in Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $50,000 from the Office of the Governor’s Homeland Security Grants Division (HSGD) for funding eligible under the FY2021 Local Border Security Program (LBSP) grant. SECTION 2. The City of Corpus Christi designates the City Manager or designee as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. SECTION 3. That $50,000 is appropriated in the No 1061 Police Grants Fund from the HSGD for eligible overtime and operational costs. SECTION 4. In the event of the loss or misuse of the HSGD funds, the City of Corpus Christi assures that the funds will be returned to the HSGD in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor DATE: May 11, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3575 CAPTION: Ordinance abandoning and vacating a utility easement (1,502 square feet), with dimensions of 5-foot wide by approximately 300-feet, out of Lots 1, 2, 3 and 7, Block 4, in Ocean Drive Addition located at 5601 Ocean Drive. SUMMARY: The purpose of this ordinance is to abandon and vacate a 5-foot wide by approximately 300-feet long utility easement (1,502 square feet), out of Lots 1, 2, 3 and 7, Block 4, in Ocean Drive Addition, located at 5601 Ocean Drive, in order to facilitate the sale of a portion of the property. BACKGROUND AND FINDINGS: The Estate of Annie Blake Morgan Head (owner) is requesting the City to close, abandon, and vacate a 5-foot wide by approximately 300-feet long utility easement (1,502 square feet), out of Lots 1, 2, 3 and 7, Block 4, in Ocean Drive Addition to facilitate the sale of the property. A survey of the applicant’s property was conducted and revealed there was a utility easement running across the property between the main housing structure and the detached automobile garage building. The property owner is requesting the closure of the utility easement to prevent any future issues with the property and the easement. There are no public utilities in the easement and Utilities Department has not stated objections to the closure. The property is located within the Corpus Christi Independent School District and is zoned RE – Residential Estates, and the City has not received any zoning variance requests for this property. The applicant has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. ALTERNATIVES: Deny the applicant’s request. However, this will have no effect on the sale of the property. The Easement Closure for 5601 Ocean Drive AGENDA MEMORANDUM First Reading Ordinance for June 16, 2020 Second Reading Ordinance for June 23, 2020 existing easement is dividing the lot but based upon its location and the lack of an encroachment on the easement it will not preclude the sale of the property. The easement’s location will limit future alterations or additions to the existing house and garage structure based upon their proximity to the easement. FINANCIAL IMPACT: There are no financial impacts associated with the closing of the easement. RECOMMENDATION: Staff supports the applicant’s request for the easement closure. The closure of the easement does not affect any public utilities and will enable the property owner full use of their property. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance abandoning and vacating a utility easement (1,502 square feet), with dimensions of 5-foot wide by approximately 300-feet, out of Lots 1, 2, 3 and 7, Block 4, in Ocean Drive Addition located at 5601 Ocean Drive. WHEREAS, The Estate of Annie Blake Morgan Head, (Owner) is requesting the closure, abandonment and vacating of a 5-foot wide by approximately 300-feet long utility easement (1,502 square feet), and WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate the 5-foot utility easements, subject compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Corpus Christi Code Sec. 49.13, an existing 5-foot wide by approximately 300-feet long, 0.034-acre (1,502 sq. ft.) utility easement, as shown in Exhibit A & B, being out of Lot 1, 2, 3 and 7 Block 4, Ocean Drive Addition, located at 5601 Ocean Drive, as recorded in volume 6, page 22, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi (“City”), subject to the Owner’s compliance with the conditions specified in Section 2 of this ordinance. Exhibit “A,” which is a metes and bounds description and field notes, “Exhibit B”, which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to the Owner of the property. SECTION 2. The abandonment and vacating of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner’s compliance with the following requirements: a.Upon approval by the City Council and issuance of the ordinance, all grants of public easement closures must be recorded at the Owner’s expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City b.Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor 5601 Ocean Drive Easement Closure City Council June 16, 2020 2 Vicinity Map 5601 Ocean Dr 3 Aerial Overview 5’ PUE 5601 Ocean Dr 300’ 4 Approval Recommendation The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. DATE: May 18, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Dan McGuinn, Director, Planning/ESI DanielMc@cctexas.com (361) 826-7011 CAPTION: Ordinance accepting a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Historic Preservation Plan Update project with a City match of $25,000; appropriating $25,000 for City matching funds; and amending the Operating Budget by increasing expenditures by $25,000. SUMMARY: This is an ordinance accepting $25,000.00 from the Texas Historical Commission Certified Local Government program for the Historic Preservation Plan Update project. BACKGROUND AND FINDINGS: To preserve the heritage of Corpus Christi, the Landmark Commission was established by the City Council in 1974. The commission's primary tasks are to:  Consider specific sites, structures, and districts for designation as historic landmarks.  Encourage and communicate with property owners the benefit of rehabilitations of potential landmarks as an alternative to demolition.  Review and recommend nominations to the National Register of Historic Places.  Promote preservation through education.  Maintain and update the historical resource survey. Ordinance accepting $25,000.00 from the Texas Historical Commission Certified Local Government program for the Historic Preservation Plan Update project AGENDA MEMORANDUM First Reading Ordinance for June 23, 2020 Second Reading Ordinance for July 14, 2020  Promote preservation through the Planning and Zoning process.  Seek and apply for preservation grant funding. Corpus Christi, Texas is a Certified Local Government. The CLG program empowers local communities to better protect historic resources and meet recognized historic preservation standards. Cities participating in the CLG program may take advantage of CLG grants, technical assistance, training opportunities, and the CLG network. This program recognizes a partnership between the local, state, and federal governments to enhance preservation. The Texas Historical Commission’s Certified Local Government program is awarding the City of Corpus Christi a $25,000 match on a reimbursement basis to update the City’s Historic Preservation Plan. In 1995, the City of Corpus Christi adopted a Historic Preservation Plan with general policy guidance on historic preservation goals and outcomes. This plan is intended to be an update to the 1995 plan, expanding on goals, objectives, and action steps to achieve historic preservation in Corpus Christi, Texas. This action-oriented community-wide historic preservation plan will:  Integrate historic preservation activities into the city’s broader planning, environmental, social, economic, and sustainability goals.  Promote heritage tourism, preservation-based economic development, and heritage education.  Assess historic preservation as an urban design strategy taking into consideration pedestrian friendly design, placemaking, income and land use diversity, and neighborhood character.  Recommend updates to the historic preservation provisions in the Unified Development Code as well as provide toolkits for substantial rehabilitation, including but not limited to economic and regulatory incentives. ALTERNATIVES: Continue to operate under the current historic preservation plan which is 25 years old and does not address current best management policies and practices which consider historic preservation as a tool for economic development. FISCAL IMPACT: If approved, the additional grant funds will provide 50% or $25,000.00 on a reimbursement basis towards a total project cost of $50,000.00. The city will match 100% of the grant award or $25,000.00. FUNDING DETAIL: Matching: Fund: General Fund 1020 Organization/Activity: Comprehensive Planning 11455 Mission Element: Comprehensive Planning 071 Project # (CIP Only): N/A Account: Professional Services 530000 (matching) Revenue and Expense: Fund: Community Development Grant Fund 1072 Organization/Activity: 870102S Mission Element: N/A Project # (CIP Only): N/A Account: THC (Tx Historical Commission) 304850 (Revenue) Professional Services 530000 (Expense) RECOMMENDATION: Staff recommends approval of the ordinance accepting $25,000.00 from the Texas Historical Commission Certified Local Government program for the Historic Preservation Plan Update project. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Presentation Ordinance accepting a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Historic Preservation Plan Update project with a City match of $25,000; appropriating $25,000 for City matching funds; and amending the Operating Budget by increasing expenditures by $25,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute all documents necessary to accept the Texas Historic Commission Certified Local Government grant award for the Historic Preservation Plan Update project in the amount of $25,000.00,with a City match of $25,000.00, to be appropriated in the Community Development Grant Fund No. 1072, Accounting No. 304850 (THC), Activity 870102S. SECTION 2. Matching funds in the amount of $25,000.00 are appropriated in the General Fund No.1020, Comprehensive Planning 11455, Comprehensive Planning 071, Professional Services 530000 for this grant award. SECTION 3. Revenues in the amount of $25,000.00 are increased in the Community Development Grant Fund. Expenditures in the amount of $25,000.00 are increased in the General Fund and the Community Development Grant Fund. The FY 2020 Operational Budget adopted by Ordinance No. 031870 is amended to increase appropriations by $25,000.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ _______________________ Rebecca Huerta Joe McComb City Secretary Mayor FISCAL YEAR 2020 CERTIFIED LOCAL GOVERNMENT (CLG) GRANT CONTRACT TX-20-10035 Catalog of Federal Domestic Assistance Number - CFDA# 15.904 I. Parties The parties of this contract (“Contract”) are the Texas Historical Commission, an agency of the State of Texas, hereinafter referred to as Commission; and the City of Corpus Christi hereinafter referred to as Grantee. II. Purpose This Contract is entered into pursuant to a grant made to the Commission for fiscal year 2020 by the U.S. Department of the Interior, National Park Service, under the provisions of the National Historic Preservation Act of 1966 and as amended, P.L. 89-665 (16 U.S.C. Sec. 470 et seq.) and pursuant to the terms and conditions of the Historic Preservation Fund (HPF) Grants Manual, 2007. This grant is made for the purpose of funding a project or projects to be undertaken by Grantee as a participant in the Certified Local Government program. III. Services to be Provided The following services are to be provided within the Contract period on a schedule to be agreed upon by the parties to this Contract. However, the services designated with specific deadlines must comply with those deadlines. Products developed under this agreement must conform to the requirements of the Commission and the Project Proposal, as stipulated in the Expected Products of a Planning Project (Attachment B). Grantee will develop a City Historic Preservation Plan. At the conclusion of the project, the Grantee will submit a copy of the Preservation Plan and a Completion Report (Attachment H) to the Commission. Project personnel employed by the Grantee shall meet the Standards for Professional Qualifications as outlined in 36 CFR 61 (Attachment C), as appropriate to the scope of the project, and be employed by competitive procurement. All subcontracted services and products must be procured according to Federal procurement standards set forth in Chapter 17 of the Historic Preservation Fund (HPF) Grants Manual, 2 CFR Part 200.317- 200.326, 43 CFR 12.940-12.948, and 43 CFR 12.76 (See Attachment N). Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in federally-assisted programs on the basis of race, color, and/or national origin. Therefore, the Grantee must sign the U.S. Department of the Interior Civil Rights Assurance (Attachment D) and return the signed form to the Commission with this Contract. Similarly, all person(s) employed by the Grantee must sign the Assurances for Consultants or Subcontractors (Attachment D.1). In all cases the person(s) employed by the Grantee to complete the work specified in this Contract must meet with the approval of the Commission. The professional staff hired must also contact the Commission’s Certified Local Government staff prior to commencing work. IV. Amount of the Contract DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process The total amount of this Contract shall not exceed $25,000. The Commission shall reimburse the Grantee exclusively from U.S. Department of the Interior grant-in-aid funds for historic preservation (Certified Local Government), and this Contract is subject to the availability of those funds. V. Period This Contract shall commence on April 1, 2020 and shall terminate on December 31, 2021. It is further agreed that all work associated with this project shall be completed by September 30, 2021 and all materials stipulated in Attachments A and B and all reimbursement requests shall be submitted to the Commission by October 31, 2021. An extension for completing products stipulated in Attachment B may be granted by the Commission upon review and approval of a written extension request by the Grantee, provided that a draft of the grant product(s) has been previously reviewed and approved. The final product must be received by the Commission no later than December 31, 2021. All expenses incurred by the Grantee associated with work completed after September 30, 2021 shall be considered ineligible for reimbursement under this grant contract. Contract amendments may be submitted in writing using the Certified Local Government (CLG) Contract Amendment Form (Attachment E) at any time between April 1, 2020 and August 31, 2021 at the option of the Commission. VI. Independent Contractor Status; Indemnity and Hold Harmless Agreement The Grantee is a Texas Municipal Corporation. It is not an agency of the State of Texas. It is expressly understood and agreed that the Grantee and Grantee’s subcontractors, if any, are independent contractors and not employees of the Texas Historical Commission. The Grantee or any subcontractor shall not be considered the agent, the servant, or the employee of the Commission for any purpose whatsoever. If the Grantee is authorized by this Contract to use grant funds for contractual purposes, all persons furnished, used, retained, or hired by or on behalf of the Grantee or any of the Grantee’s subcontractors shall be considered to be solely the employees or agents of the Grantee or Grantee’s contractors. The Grantee or Grantee’s contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, and other payroll taxes for such persons, including any related assessments or contributions required by law. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services rendered, or products, materials, or items provided under all subcontracts are rendered in compliance with this Contract. To the extent allowed by law, the Grantee or subcontractors are responsible for any and all claims whatsoever due to actions or performance under this grant, including, but not limited to, the use of automobiles or other transportation taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. To the extent allowed by law, the Grantee agrees to indemnify and hold harmless the Commission and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from the actions or performance of the Grantee or Grantee’s contractors under this Contract, including, but not limited to, negligent act or omission, intentional tort, intellectual property infringement, or the failure to pay a subcontractors. VII. Documentation and Payment The Grantee may submit to the Commission, for its approval, a properly completed invoice for services rendered in compliance with all requirements of the Contract as specified in the Reimbursement Request DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process Procedures (Attachment F). The Grantee will provide invoices to the Commission as costs are incurred and work is completed, but not more frequently than monthly. It is further agreed that the Grantee will provide written quarterly updates on the Grant Product Quarterly Report Form, as it currently exists and is currently available at http://www.thc.texas.gov/clg-grant-quarterly- report-form, on the progress of the grant product. Each update will outline the tasks completed and expenses incurred on the project, and provide a timeline and status of the overall project. The Grant Product Quarterly Reports will be due on August 30, 2020, December 31, 2020, April 30, 2021, and August 31, 2021. Failure to submit quarterly reports as required on a timely basis may constitute breach of this grant Contract and result in forfeiture of the grant. Reimbursement to the Grantee shall be on a matching basis as outlined in the Estimated Project Budget (Attachment M), subject to receipt of funds from the National Park Service and successful completion of all project work activities. The Commission agrees to pay the Grantee up to $25,000 in federal funds. The Grantee agrees to contribute matching share, either donated services or cash match, for a minimum total of $25,000 or 50% of eligible costs, whichever is less. Such payments shall be made as requested for services actually rendered, or if mutually agreed, in one lump sum upon completion and approval of all the requirements set forth in this Contract. It is further agreed that a sum not to exceed 25% of the total grant award will be retained by the Commission until the following have occurred: (a) Commission review of the draft project material, products and deliverables and the Commission’s comments are incorporated therein; (b) receipt of two (2) final reports; and (c) receipt of properly documented reimbursement materials. Subject to the limitations of the Contract, the Commission’s payments will be made in accordance with the Texas Prompt Payment Act. The Commission shall only reimburse costs incurred and paid by the Grantee during the term of this grant. The Commission shall only reimburse the Grantee for employee costs that are directly related to performing the responsibilities of this grant. VIII. Generally Accepted Accounting Principles or Other Recognized Accounting Principles The Grantee shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by the Grantee. IX. Refunds and Deductions If the Commission determines that the Grantee has been overpaid grant funds under this Contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the Grantee shall refund that amount of the Commission reimbursement identified by the Commission as an overpayment. The Commission may offset and deduct the amount of the overpayment from any amount owed to the Grantee, as a reimbursement, but not yet paid by the Commission to the Grantee. The Commission may choose to require a payment directly from the Grantee rather than offset and deduct a specified amount. The Grantee shall refund any overpayment to the Commission within thirty (30) calendar days of the receipt of the notice of the overpayment from the Commission, unless an alternate payment plan is specified by the Commission. X. Required Reports; Cooperation; Notification of Changes in Organization DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process The Grantee shall forward to the Commission the applicable reports on forms as specified by the Commission or as required under Attachment B. The Grantee shall ensure that it files each document or form required by the Commission in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that the Grantee is required to forward to the Commission shall be promptly forwarded. From time to time, the Commission may require additional information from the Grantee. The Grantee shall cooperate fully with the Commission. In addition to the information contained in the required reports, other information may be required as requested by the Commission. The Grantee shall submit, within ten (10) business days, notice to the Commission of any change of the following: Grantee’s name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. The Grantee shall promptly notify the Commission, preferably in advance, of a change in address or main telephone number of the Grantee. A change in the Grantee’s name requires an amendment to the grant. XI. Standards for Financial and Programmatic Management The Grantee and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization. The Grantee and its governing body shall also implement policies and procedures to ensure the integrity of the fiscal and programmatic management of the organization. Such fiscal and programmatic management shall include accountability for all funds and materials received from the Commission; compliance with Commission rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the Commission's monitoring processes. Ignorance of any grant provisions or other requirements referenced in this Contract or the HPF Grants Manual shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. The Grantee shall develop, implement, and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; timely and appropriate audits and resolution of any findings; and applicable annual financial statements. XII. Corrective Action Plan If the Commission finds deficiencies in Grantee’s performance under this grant, the Commission, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the grant amount; and/or terminate this grant. The foregoing are not exclusive remedies, and the Commission may impose other requirements that the Commission determines will be in the best interest of the State. XIII. Ownership of Products and Deliverables of this Contract All material, concepts, and products including but not limited to all reports, plans, ordinances, standards, guidelines, indexes, surveys, tables, photographs, nominations, maps, or forms (“Deliverables”) that are produced, developed or conceived by the Grantee during or arising out of the Contract are, or shall become, the property of the Commission, and all rights, title and interest, including all intellectual property rights to these products and Deliverables shall vest in , and shall be deemed to be works made for hire upon creation and made in the course of the services rendered pursuant to this Contract. To the extent that title to any such product or DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process Deliverable may not, by operation of law, vest in the Commission, or such work may not be considered a work made for hire, all rights, title and interest therein, including all intellectual property rights, are hereby irrevocably assigned to the Commission, without further action or consideration. Upon termination or expiration of this Contract, all products and Deliverables including all documents, data (including databases), information, software, procedures, and everything created or gathered pursuant to this Contract shall be provided to the Commission upon request. The Commission hereby grants and Grantee accepts a non-exclusive, non-transferable, non-assignable, fully- paid, royalty-free, perpetual, worldwide, revocable right and license, to use, reproduce, copy, modify, distribute, publicly-perform, publicly-display, and create derivative works of the products and Deliverables for the purpose of performing under this Contract. Notwithstanding the foregoing, the Grantee shall have an unrestricted right to use any or all products so produced, developed, or conceived and any component of such intellectual property made the subject of this Contract, at no additional cost in any manner the Commission deems appropriate at its sole discretion. The parties hereby acknowledge and agree that National Park Service (“NPS”) is granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use: (1) the copyright in any work, products, or Deliverable developed under this Contract; and (2) any rights of copyright to which Grantee purchases ownership during the performance of this Agreement or with funds received under this Agreement. Pursuant to the stipulations in Attachment B, a minimum of two (2) copies of all final products and completion reports, if applicable (Attachment H) are to be supplied to the Commission before final reimbursement is made. All materials published, printed or used for public distribution funded in whole or in part by this grant shall note the following on the materials: This project was funded in part through a Certified Local Government Grant from the National Park Service, U.S. Department of the Interior, as administered by the Texas Historical Commission. The contents and opinions, however, do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. This program receives Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127. XIV. Termination Termination for Convenience. Either party may, at its sole discretion, terminate this Contract without recourse, liability or penalty, upon a seven (7) calendar day notice to the other party. In the event that notice of termination is given, all work by the Grantee shall cease and no amount shall be paid by the Commission for work performed following the receipt of notice of termination by the Grantee. The Grantee shall be paid for all work performed prior to the notice of termination, and accepted by the Commission, in accordance with the terms of the Contract. Final invoices shall be submitted to the Commission no later than 30 days following the date of termination of this Contract. DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process Termination for Cause. In the event that the Grantee fails to perform or comply with an obligation of the terms, conditions and provisions of this Contract of the HPF Grants Manual, the Commission may, upon written notice of the breach to the Grantee, immediately terminate this Contract. Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy but will be in addition to any other rights and remedies provided in equity, by law, or under this Contract. XV. Applicable Laws This Contract shall be governed by and construed in accordance with the laws of the State of Texas and the rules and policies of the Commission. The venue of any suit arising under this Contract is fixed in any court of competent jurisdiction of Travis County, Texas. All projects funded under the Certified Local Government grant program must meet the Secretary of the Interior’s Standards. The Standards can be accessed at the National Park Service web site: http://www.nps.gov/history/local-law/arch_stnds_0.htm. XVI. Audit and Records Retention The Grantee must retain all administrative, financial, procurement, reporting, and any other grant-related records and supporting documentation for a period of seven (7) years following the completion of the grant. This period begins on the date of receipt of the final reimbursement by the Grantee, or if applicable, after any issues have been resolved that may have arisen from any litigation, claim, negotiation, audit, open records request, or any other action involving these records. The Grantee will provide full access to these records to the Commission as well as any authorized Federal, state, or independent auditors, to examine their contents and procedures to verify compliance with Federal and state regulations. United States Code of Federal Regulations 2 CFR 200, Subpart F, requires that all non-Federal entities that expend $750,000 or more in federal awards from all sources during any fiscal year must undergo a Single Audit or program-specific audit for that year. This grant award is to be reported under Catalog of Federal Domestic Assistance (CFDA) #15.904, Historic Preservation Fund Grants, if applicable. Single Audits must be submitted electronically by the Grantee to the Federal Audit Clearinghouse along with a data collection form (Form SF- SAC) within 30 days after receipt of the auditor’s report, or nine months after the end of the audit period, whichever is earlier. If you have questions regarding the submission or processing of your Single Audit package, contact the Federal Audit Clearinghouse at (800) 253-0696 or by email at govs.facs@census.gov. The Grantee is responsible for covering the cost of any audits conducted. In addition to the terms of this Contract, all federal laws and regulations governing grants are applicable, including the entirety of 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. This CFR is effective for audit years beginning after December 26, 2014, and replaces all administrative requirements, cost principles, and audit requirements for grants to state and local governments under OMB Circulars A-50, A-87, A-102, and A-133. XVII. Contract Not Entitlement or Right Reimbursement with Contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this Contract and the HPF Grants Manual. Parties agree that any act, action or representation by either party, their agents or employees that purports to increase the amount of the contract is void, unless a written amendment is first executed. The DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process Grantee agrees that nothing in this Contract will be interpreted to create an obligation or liability of the Commission in excess of the funds delineated in this Contract. XVIII. Funding Limitation The Grantee agrees that funding for this Contract is subject to the actual receipt by the Commission of grant funds (state and/or federal) appropriated to the Commission. The Grantee agrees that the grant funds, if any, received from the Commission are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the Commission for the purpose of this Contract. The Grantee agrees that notwithstanding any other provision of this Contract, if the Commission is not appropriated the funds or if the Commission does not receive the appropriated funds for the purpose of this grant program, or if the funds appropriated to the Commission for this grant program are required by the state or federal government to be reallocated, the Commission is not liable to pay the Grantee any remaining balance on this Contract. XIX. State Auditor In addition to and without limitation on the other audit provisions of this Contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor’s Office may conduct an audit or investigation of the Grantee or any other entity or person receiving funds from the State directly under this Contract or indirectly through a subcontract under this Contract. The acceptance of funds by the Grantee or any other entity or person directly under this Contract or indirectly through a subcontract under this Contract acts as acceptance of the authority of the State Auditor’s Office, 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, the Grantee or any other entity that is the subject of an audit or investigation by the State Auditor’s Office must provide the State Auditor’s Office with access to any information the State Auditor’s Office considers relevant to the investigation or audit. The Grantee further agrees to cooperate fully with the State Auditor’s Office in the conduct of the audit or investigation, including providing all records requested. The Grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Grantee, and the requirement to cooperate, is included in any subcontract it awards. The State Auditor’s Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of the Grantee related to this Contract. XX. Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and Other Relevant Authorities The Grantee agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of the Grantee under this Contract. XXI. Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications The Grantee agrees to comply with all applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter 783, as amended. The Grantee also agrees to comply with the HPF Grants Manual, 2007 and as updated, the Uniform Grant Management Standards (UGMS), as promulgated by the Texas Comptroller’s Office, and Uniform Grant and Contract Standards regulations of the Texas Comptroller found at 34 TAC §§20.456 – 20.467. XXII. Conflicts of Interest; Disclosure of Conflicts DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process The Grantee has not given or offered to give, nor does the Grantee 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 or employee of the Commission, at any time during the negotiation of this Contract or in connection with this Contract, except as allowed under relevant state or federal law. The Grantee will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. The Grantee will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its performance under this Contract. The Grantee must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this Contract. XXIII. No Waiver of Sovereign Immunity The parties agree that no provision of this Contract is in any way intended to constitute a waiver by the Commission or the State of Texas of any immunities from suit or from liability that the Commission or the State of Texas may have by operation of law. XXIV. Confidentiality and Public Information Act Notwithstanding any provisions of this grant to the contrary, the Grantee understands that the Commission will comply with the Texas Public Information Act, Texas Government Code, Chapter 552 as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. The Commission agrees to notify the Grantee in writing within a reasonable time from receipt of a request for information related to the Grantee’s work under this grant. The Grantee will cooperate with the Commission in the production of documents responsive to the request. The Grantee shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal or state law, rules or regulations. This provision shall not be construed as limiting the Commission’s access to such records and other information. XXV. Compliance with Regulatory and Licensing Bodies The Grantee agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this grant, and is currently in good standing with all regulatory agencies that regulate any or all aspects of the Grantee’s business or operations. The Grantee agrees to remain in good standing with the Texas Secretary of State, the Texas Comptroller of Public Accounts and related federal governmental bodies related to the Grantee’s right to conduct business in Texas. The Grantee agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinances or state or federal laws. XXVI. Amendment This grant shall not be modified or amended except in writing, signed by both parties, using the Certified Local Government (CLG) Contract Amendment Form (Attachment E). Any properly executed amendment of this grant shall be binding upon the parties and presumed to be supported by adequate consideration. XXVII. Entire Agreement, Including all Exhibits This grant, including all exhibits, reflect the entire agreement between the parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the parties related to such subject matter. By executing this Contract, the Grantee agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process XXVIII. Dispute Resolution The dispute resolution process provided for in Texas Government Code, Chapter 2260, shall be used by the parties to resolve any dispute arising under this Contract. XXIX. Notices Any notices and/or documents required hereunder shall be deemed to have been duly provided if in writing and delivered personally or by pre-paid guaranteed overnight delivery service, or sent postage prepaid by United States certified mail, return receipt requested. Any such notice shall be effective on the date of delivery if delivered personally, on the next business day following delivery to the guaranteed overnight delivery service if the notice was so delivered and the charges were prepaid, or on the date the recipient signed for the notice if sent by certified mail. Notices shall be addressed as follows, or at such other address as any party hereto shall notify the other of in writing: If to THC.: Texas Historical Commission P.O. Box 12276 Austin, TX 78711 If to Participant: ____________________________ ____________________________ ____________________________ DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENTS The following documents are included in and shall be a part of this Contract for all purposes: Attachment A: Project Notification Attachment B: Expected Products of Planning Project Attachment C: 36 CFR 61, Professional Qualifications Standards Attachment D: DI Form 1350, Civil Rights Assurance Attachment D.1: Assurances for Consultants or Subcontractors Attachment E: Certified Local Government (CLG) Contract Amendment Form Attachment F: Reimbursement Request Procedures Attachment G: Grant of Easement Attachment H: Completion Report Attachment I: Equal Opportunity Clause Attachment I.1: Equal Opportunity Clause for Construction Projects Attachment J: Standard Federal Equal Employment Opportunity Construction Contract Specification Attachment K: Certification of Non-Segregated Facilities Attachment L: Construction Specification Terms Attachment M: Estimated Project Budget Attachment N: Subcontracts This Contract is the entire agreement between the parties. Any changes, deletions, extensions, or amendments to this Contract shall be in writing and signed by both parties to the contract. Any other attempted changes, including oral modifications, written notices that have not been signed by both parties, or other modifications of any type, shall be invalid. In some cases, adjustment of the contractual requirements may be necessary pursuant to recommendations by the Certified Local Government Program, Texas Historical Commission, with the approval of the U.S. Department of the Interior. DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process The following parties accept the terms of this Contract. Persons signing are expressly authorized to obligate the parties to the terms of this Contract. TEXAS HISTORICAL COMMISSION: GRANTEE: Signature Signature Mark Wolfe, Executive Director Steven Viera, Asst City Manager Typed Name & Title Typed Name & Title Date Date THIRD PARTY DESIGNEE: (IF APPLICABLE) Signature Typed Name & Title of Delegated Third Party Date DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENT B EXPECTED PRODUCTS OF A HISTORIC PRESERVATION PLANNING PROJECT Activities under the Historic Preservation Planning Program Area include the following: 1. Preservation Plan Development: to include developing, conducting research on, designing or carrying out a planning process, or providing support for the development of a planning process design, or other historic preservation or cultural resource management plans. 2. Ordinance, Regulation, Standards, Guidelines Development 3. Advanced Planning Technologies (e.g. Geographic Information Systems (GIS)) 4. Other planning related activities as described in the Historic Preservation Funds Grants Manual Two (2) copies (one bound hard copy and one electronic copy) of all final reports, plans, ordinances, standards, guidelines, etc. and the Completion Report (Attachment H) shall be submitted before the grant deadline. CLG Grant Report Due Dates to the THC ☐August 30, 2020 project update ☐December 27, 2020 project update ☐April 30, 2021 project update ☐July 31, 2021 Draft of deliverables due ☐August 28, 2021 project update ☐September 30, 2021 project completion date Historic Preservation Planning Projects should meet the minimum standards stated below: • Take into account and adequately represent all local historic and/or archeological resources. The full diversity of resources should address geographic and temporal ranges. All textual matter should reflect the broad patterns of local history. • Provide photo and/or graphic documentation and examples for representative resources, communities, or geographic areas. Photos and graphics must clearly represent resources from the local community. • Include and reflect appropriate and adequate public input. • References should indicate avenues of further research or resources for assistance (e.g. who to contact for more information). • Adequate recognition must be provided in all publications. Photographs and drawings should be credited to the artist or lender. The local government’s involvement must be adequately acknowledged. Recognition, as detailed below, must be afforded the CLG program, the Texas Historical Commission, and the National Park Service of the U.S. Department of the Interior. Language acknowledging nondiscrimination practices, as detailed below, must be included. Publications addressing several potential audiences must adequately reflect the community’s preservation program. DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process This project was funded in part through a Certified Local Government grant from the National Park Service, U.S. Department of the Interior, as administered by the Texas Historical Commission. The contents and opinions, however, do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. This program receives Federal funds from the National Park Service. Regulations of the U. S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age, or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U. S. Department of the Interior, National Park Service, P. O. Box 37127, Washington, DC 20013-7127. Additional Requirements for Preservation Plans: • Plans must establish a set of goals and objectives with target dates for completion. Ideally, responsibility for specific tasks should be assigned to specific personnel. • Maps and clear identification of resource locations should be provided. DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENT C PROFESSIONAL QUALIFICATIONS STANDARDS To ensure that appropriate historical, architectural, archeological and cultural properties are identified for public benefit through grant-in-aid assistance, the following minimal professional standards for historical, architectural and archeological documentation have been established by the Preservation Assistance Division of the National Park Service. Persons supervising grant projects must be professionally qualified in accordance with 36 CFR 61 as follows: Appendix A to Part 61— Professional Qualifications Standards In the following definitions, a year of full-time professional experience need not consist of a continuous year of full- time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. (a) History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: (1) At least two years of full-time experience in research, writing, teaching, interpretation or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or (2) Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. (b) Archeology. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: (1) At least one year of full-time professional experience or equivalent specialized training in archeological research, administration or management; (2) At least four months of supervised field and analytic experience in general North American archeology; and (3) Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. (c) Architectural History. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with course work in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation, or closely related field plus one of the following: (1) At least two years of full-time experience in research, writing, or teaching in American architectural history DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or (2) Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. (d) Architecture. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time professional experience in architecture; or a State license to practice architecture. (e) Historic Architecture. The minimum professional qualifications in historic architecture are a professional degree in architecture or State license to practice architecture, plus one of the following: (1) At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or (2) At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specification for preservation projects. DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENT D U.S. DEPARTMENT OF THE INTERIOR CIVIL RIGHTS ASSURANCE As the authorized representative of the applicant, I certify that the applicant agrees that, as a condition to receiving any Federal financial assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of the applicant’s operations including those parts that have not received or benefited from Federal financial assistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applicants for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and sub-recipients and the person whose signature appears below who is authorized to sign this assurance on behalf of the Applicant. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT/ORGANIZATION DATE SUBMITTED APPLICANT/ORGANIZATION MAILING ADDRESS BUREAU OF OFFICE EXTENDING ASSISTANCE DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENT D.1 ASSURANCES FOR CONSULTANTS OR SUBCONTRACTORS The consultant or subcontractor will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the consultant or subcontractor receives financial assistance from Department of the Interior, National Park Service, and hereby gives assurance that it will immediately take any measures to effectuate this agreement. This Assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property discounts, or other federal financial assistance extended after the date hereof to the consultant or subcontractor, including installment payments after such date on account of arrangements for federal financial assistance which were approved before such date. The consultant or subcontractor recognizes and agrees that such federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the consultant or subcontractor, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the consultant or subcontractor. DI 1350 Addendum. Also agrees to comply with the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 and all requirements imposed by or pursuant to these titles, to the end that, no person in the United States shall, on the grounds of age or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the consultant or subcontractor receives financial assistance from the National Park Service, and hereby gives assurance that it will immediately take any measures to effectuate this agreement. 18 USC 1913. No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, will be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member of Congress, thorough the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined not more than $500 or imprisoned not more than one year, or both; and after notice and hearing by the superior officer vested with the power of removing him, shall be removed from office or employment. (June 25, 1948, Ch. 645, 62 Stat. 792.) DI 1954. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Cover Transactions. DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 43 CFR Part 12, Section 12.5.10, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are included in the proposal package. For further assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C streets, N.W., Washington, D.C. 20240. (1) The prospective lower tier participant certified, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. __________________________________________ ________________________ Consultant/Subcontractor Date DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENT E FISCAL YEAR 2020 CERTIFIED LOCAL GOVERNMENT (CLG) CONTRACT AMENDMENT FORM Amendment to CLG Grant Number: Title: 1. Grantee: Contact: Address: Phone: 2. Amendment Type (Please select one below) Contract Terms and Conditions Matching Share – must include revised Budget Summary Budget – must include revised Budget Summary Scope – must include revised Project Description 30 Day No Cost Extension* – must include explanation * 30 Day No Cost Extension does not extend September 30 deadline for expending CLG funds. Regardless of extension all CLG funds must be expended by September 30 and reimbursements submitted to the THC no later than October 31. Note: Contract Amendment will not be effective until approved in writing by the Texas Historical Commission. TEXAS HISTORICAL COMMISSION: GRANTEE: Signature Signature Mark Wolfe, Executive Director Typed Name & Title Typed Name & Title Date Date DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process THIRD PARTY DESIGNEE: (IF APPLICABLE) Signature Typed Name & Title of Delegated Third Party Date DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENT F REIMBURSEMENT REQUEST PROCEDURES The required reimbursement request procedures and format are found in this chapter. Requests must be received by the THC no later than October 31, 2021, and may be submitted either electronically as a pdf file or as a hard copy by US mail or local land-carrier service. CLGs working on multiple grants must submit a separate request for each project. Requests for payment shall be accompanied by complete documentation, including receipts for all expenses and all products identified in the approved grant application and contract. Please refer to Chapter 13 of the HPF Grants Manual for all allowable and unallowable costs: http://www.nps.gov/shpo/downloads/HPF_Manual.pdf. Food and drink is an unallowable cost under THC policy, with the exception of per diem (cost of meals) for traveling employees/volunteers. Only work completed by the September 30, 2021 deadline will be reimbursed. 25% of the total grant award will be retained by the Commission until final deliverables have been received. Non-federal (or match share) expenditures should be documented in the same method as federal expenditures. Use this list of acceptable documentation when preparing a reimbursement request: _____ (a.) Signed Billing Statement from the local government to the THC with federal tax identification number. _____ (b.) Copies of vendors’ invoices showing evidence that: i. invoices are in the name of the Grantee. ii. service dates are within the project period. iii. purchase price is compatible with the estimated budget cost. iv. purchases are relevant to the project’s scope. _____ (c.) Copies of receipts or properly endorsed cancelled (deposited) checks (front and back). _____ (d.) Evidence of any approved extensions and/or amendments to Grantee subcontracts. _____ (e.) Evidence that invoices were properly approved for payment including: i. evidence that discounts and other credits were deducted. ii. evidence that merchandise/services were received. _____ (f.) Copies of daily time records for both volunteers and staff (including supervisor’s verification). DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process _____ (g.) Evidence of employees’ rates of pay, and verification that no other federal funds were used for this purpose. _____ (h.) Evidence that work was accomplished in accordance with the terms of the grant agreement (final project report or products). _____ (i.) Comparison schedule showing proposed costs versus actual costs. (See attached template) Payment Schedule Reimbursement payments to the Grantee are subject to the receipt of Federal funds from the National Park Service. Reimbursement requests can be sent to the THC as costs are incurred and work is completed, but not more frequently than monthly. The final payment will be made after an acceptable final product, final report, and final billing have been received and approved by the THC. Description of Acceptable Documentation 1. Time Sheets Each employee or volunteer engaged in activities to be claimed against the grant must submit a time sheet signed by the employee/volunteer and the supervisor. Such records must show the actual hours worked, date(s) worked and the specific duties performed. The records should also indicate the basis for determining the rate of the employee or volunteer’s contributions. Employees can claim their regular hourly wage. Time sheets must certify that no other federal funds were used to pay salaries and that their salaries were not used as match for other federal grants. Volunteers must claim a reasonable wage rate that is comparable to the current market value of the work being performed. Independent Sector provides a current estimated national value of volunteer time that can be used as a guide if necessary. It can be found here: https://www.independentsector.org/volunteer_time. Professionals may claim their standard professional wage if volunteering professional services. In any case, hourly wages may not exceed the maximum rate of $96.61/hour. A sample volunteer time sheet can be found with the miscellaneous forms attached. 2. Travel The miscellaneous forms include a travel record that should be used for employees or volunteers who must travel for grant-related work. This identifies traveler, date(s) of travel, mileage, lodging, per diem (cost of meals), airfare, parking, and other miscellaneous travel expenses. Receipts for all expenses are required. See the maximum allowable travel rates below. DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process Allowable Travel Rates The Commission will reimburse a participant traveling for purposes of the program when identified in the Application. Since travel allowances may vary among federal, state or local organizations, a traveler will be reimbursed the lowest allowed amount. Check with a representative of your local government to verify local rates. Receipts for all expenses must accompany request for reimbursement. Lodging: $96/night* Mileage: $$0.575/mile for Personal Vehicle Use (Effective 1/1/2020 to 12/31/2020) Per Diem: $55/day* *Lodging and meal rates may vary upon location. To check the current rates for your location, please visit the U.S. General Services Administration web site at: www.gsa.gov/portal/category/21287 DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process Forms and Templates The following are versions of time sheets, travel records and donated materials forms. Although it is not necessary to use these specific forms, it is necessary to record the name of the laborer, name of supervisor, date(s) of work/travel/donation(s), and value of time/donation(s) on any form used. If desired, THC staff will review any proposed format to ensure compliance with these requirements. DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process BILLING STATEMENT FORMAT [Date] TO: Texas Historical Commission Attn: CLG Grants P.O. Box 12276 Austin, TX 78711-2276 FROM: [Name & Address of Certified Local Government] TAX IDENTIFICATION NUMBER: _________________ RE: CLG Billing Enclosed is documentation to support a billing for $[amount] to cover work done under the grant contract number TX-20-[XXX] dated [initial date of contract] for [activity] as identified in the Project Notification received as part of the contract. I certify no other Federal funds were used for either the match or actual expenditures incurred during the execution of this project. Please send the above amount to: [Name & Address of Grantee and/or department to receive funds] PROPOSED ACTUAL Federal Match Federal Match Activity Activity Activity Sincerely, ____________________________________ (Original Signature) [Name] [Title/Office] Enclosures: [time sheets] [receipts] [cancelled checks or copies of bank statements] [copies of final products] DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process EMPLOYEE TIME SHEET Name _____________________ Historic Preservation Commission/Organization ____________________________ TIME SHEET Date Project/Activity Hours X Rate = Total Totals PROJECT OR ACTIVITY EXPENSES Date Project/Activity Item (attach receipt) Amount MILEAGE RECORD Date Project/Activity Odometer Start Odometer Finish Total Miles X $.475 I certify that the work donated towards the completion of this project was not used as match for any other project and that it was completed during the grant period. ______________________________________________________________________________ Employee Date Supervisor Date DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process TRAVEL RECORD Name: ____________________________________ Purpose: __________________________________ DATE AND TIME OF DEPARTURE ORIGIN/ DESTINATION PER DIEM LODGING OTHER (IDENTIFY) TRANSPORTATION (RENTAL, CAB, etc.) Totals: Auto miles: ______________ miles X $.485/mile = ______________ Total Amount for Travel: ________________ _______________________________________ ______________ Traveler Date _______________________________________ ______________ Supervisor Date Enc.: Receipts DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process DONATED LABOR (VOLUNTEER) TIME SHEET __________________________________ Project Name __________________________________ _____________________________ Name of Volunteer Type of Work Performed Hourly rate based on _____________________________________________________________________ A person donating time to a project will be paid at minimum wage unless professionally skilled in the work being performed on the project (photographer taking pictures or data entry done by skilled person). When this is the case, the wage rate the individual is normally paid for performing this service may be charged to the project. DATE DESCRIPTION OF WORK NUMBER OF HOURS X RATE = Value of Donation: I certify that the work donated towards the completion of this project was not used as match for any other project and was completed during the grant period. _______________________________________ ______________ Signature of Volunteer Date _______________________________________ ______________ Signature of Supervisor Date DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process DONATED MATERIAL AND EQUIPMENT ____________________________________ Project Name ____________________________________ Donor Description of Material/Equipment Donated Date of Donation Fair Value Basis of Value Total Value of Donation: _______________________________________ ______________ Signature of Donor Date _______________________________________ ______________ Project Supervisor Date DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENT H SAMPLE PROJECT COMPLETION REPORT TEXAS CERTIFIED LOCAL GOVERNMENT (CLG) PLANNING PROJECT COMPLETION REPORT submitted to the Texas Historical Commission Project Name: Design Standards for the Peanut Historic District Location: Pecanville, Texas Project Number: TX-20-0XX DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process PART 1. PROPERTY AND OWNERSHIP IDENTIFICATION A. Official project title: Design Standards for the Peanut Historic District B. Project number: TX-20-0XX C. Grant Recipient and address: Mayor I. M. Goode 100 N. Main Street Pecanville, Texas 78123 D. Professional Consultant(s): Sue Z. Que Consulting, Inc. 102 N. Main Street Pecanville, Texas 78123 PART 2. FISCAL REPORT A. Final work-cost breakdown: Project Leader $2,500.00 Planner Technician (Graphics Support) 2,000.00 Office Manager 500.00 Preservation/Planning/Marketing Consultant 8,000.00 Printing/Copying 2,000.00 TOTAL $15,000.00 Texas Certified Local Government Grant monies expended: $5,000.00 City of Pecanville Revenue expended: $10,000.00 B. List by donor, source, kind, and amount for each of the other funding sources: Donor: City of Pecanville Source: City Revenue Kind: Cash Amount: $10,000.00 DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process PART 3. ACKNOWLEDGEMENT All materials generated for public use under this grant include the following statement: This project was funded in part through a Certified Local Government Grant from the National Park Service, U. S. Department of the Interior, as administered by the Texas Historical Commission. The contents and opinions, however, do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. This program receives Federal funds from the National Park Service. Regulations of the U. S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age, or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U. S. Department of the Interior, Nat ional Park Service, P. O. Box 37127, Washington, DC 20013 -7127. PART 4. PROJECT NARRATIVE The scope of work as originally planned was ….… The following changes were made to the scope of work…… The following amendments with dates and reason for amendment were made for this project…. The following is a brief description of the expenditures on this project …. The following explains the differences between originally planned costs and actual costs. . DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process PART 5. MATERIALS INDEX Index Number View Date Produced A1 1 bound copy of design standards 5/20/2020 A2 1 electronic copy of the design standards 5/20/2020 Prepared by: _____________________________________ Date:_________________________ DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENT M ESTIMATED PROJECT BUDGET GRANT RECIPIENT: City of Corpus Christi TOTAL PROJECT COST: $50,000 GRANT NUMBER: TX-20-10035 FEDERAL SHARE: $25,000 PROJECT TITLE: Preservation Plan NONFEDERAL SHARE: $25,000 PROJECT ACTIVITY FEDERAL SHARE CASH MATCH IN-KIND MATCH TOTAL Update to the city preservation plan $ 25,000 $ 25,000 $ [AMOUNT] $ 50,000 [BUDGET ITEM] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] [BUDGET ITEM] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] [BUDGET ITEM] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] [BUDGET ITEM] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] [BUDGET ITEM] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] [BUDGET ITEM] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] $ [AMOUNT] TOTALS $ 25,000 $ 25,000 $ [TOTAL] $ 50,000 DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process ATTACHMENT N SUBCONTRACTS If the Grantee is not doing the actual work, it must execute a contract with a subcontractor. All subcontracted services and products must be procured according to Federal procurement standards set forth in Chapter 17 of the Historic Preservation Fund (HPF) Grants Manual and 2 CFR Part 200.317- 200.326. The THC will verify that Federal procurement standards have been met, and will issue a Notice to Proceed Letter to the Grantee once the following has been completed: • Approval of the Grantee’s Request for Proposal (RFP), if applicable • Approval of the executed contract between the Grantee and subcontractor • Receipt of Attachment D.1: Assurances for Consultants or Subcontractors signed by subcontractor • Receipt of the procurement method checklist (see below) Procurement Method Checklist: _____Subcontractors meet the Standards for Professional Qualifications (Attachment C). _____Subcontractors have signed the Assurances for Consultants and Subcontractors (Attachment D.1). _____Copies of all contracts between the Grantee and any subcontractors have been sent to the Texas Historical Commission (THC). _____Grantee understands that subcontractors must be employed in a way that encourages competition to the maximum extent possible. _____Grantee understands that it must retain copies of RFPs, solicitations for price quotes, lists of who they were sent to, lists of responders (bidders), price quotes, and justification for selections as documentation that the method for selecting a subcontractor was in accordance with Federal procurement requirements. _____Grantee understands that it shall use its own procurement procedures which reflect applicable state and local laws and regulations, provided that procurements conform to the standards set forth in the HPF Grants Manual and Federal laws. Methods of Procurement (please select which procurement method was used by the Grantee): _____ 1. Small Purchase (acceptable for purchases under $250,000) a. Solicitation for price quotes was approved by the THC. Yes/No b. Price quotes were obtained from an adequate number of qualified sources. Yes/No _____ 2. Competitive Sealed Bids a. Request for Proposals (RFP) was approved by the THC. Yes/No b. RFP was formally advertised. Yes/No c. Sufficient time was given prior to the date set for opening of bids (generally 20-30 days). Yes/No d. Bids were solicited from an adequate number of known suppliers Yes/No DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process _____ 3. Competitive Negotiation a. Request for Proposals (RFP) was approved by the THC. Yes/No b. Proposals were solicited from an adequate number of known suppliers Yes/No c. RFP was publicized. Yes/No _____4. Noncompetitive Negotiation (Select the applicable circumstance and provide a detailed explanation of why the Grantee’s procurement method was justified.) _____ (a.) The item is available only from a single source _____ (b.) Public exigency or emergency _____ (c.) The THC and National Park Service authorized, in writing, noncompetitive negotiation because of compelling special circumstances; or, _____ (d.) After solicitation of a number of sources, competition was determined inadequate PROJECT MANAGER CERTIFICATION: Signature Typed Name & Title Date DocuSign Envelope ID: 9FF02B8A-33A6-497B-BD7C-DD38EA6117A4 In Process Ordinance accepting a $25,000 grant from the Texas Historical Commission Certified Local Government program for the Historic Preservation Plan Update project with a City match of $25,000; appropriating $25,000 for City matching funds; and amending the Operating Budget by increasing expenditures by $25,000. Ordinance City Council June 23, 2020 2 Ordinance The Texas Historical Commission’s Certified Local Government program is awarding the City of Corpus Christi a $25,000 match to update the City’s Historic Preservation Plan. •This project will update the 1995 Historic Preservation Plan, expanding on goals, objectives, and action steps to achieve preservation-based economic development in Corpus Christi, Texas. 3 Ordinance The HistoricPreservation Plan Update will: •Promote heritage tourism, preservation-based economic development, and heritage education •Assess historic preservation as an urban design strategy •Recommend updates to the Unified Development Code and provide toolkits for substantial rehabilitation,including but not limited to economic and regulatory incentives. 4 Grant Total Project Cost:$50,000 State CLG Match (50%):$25,000 Local Match (50%):$25,000 Planning/ESI Department Contract Term:Ends December 31, 2021 5 Approval Recommendation DATE: July 14, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police MikeMa@cctexas.com 361-886-2601 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com 361-826-3169 CAPTION: Motion authorizing a two-year supply agreement with GT Distributors, Inc. in an amount not to exceed $202,238.76, for the purchase of ammunition for different weapons for the Corpus Christi Police Department, with FY 2020 funding in an amount of $25,300.00 available in the General Fund. SUMMARY: This motion authorizes a two-year supply agreement with GT Distributors, Inc. for the purchase of ammunition for the Corpus Christi Police Department (CCPD) through Texas Smart Buy Purchasing Cooperative. The Training Division of CCPD will use the ammunition to conduct firearm training of Police Cadets and sworn personnel. BACKGROUND AND FINDINGS: CCPD utilizes several different types of weapons for the sworn patrol officers and Special Weapons and Tactics (SWAT) teams. The ammunition listed on the service agreement is comprised of the various platforms of weapons which include shotguns, pistols and rifles both Patrol and SWAT precision marksman. The training ammunition is used to train Police Cadets during the academy , yearly qualification trainings and in-service trainings for sworn personnel. The addition of this service agreement would allow for a timelier purchase process. Purchase of Ammunition for Police Department AGENDA MEMORANDUM Action Item for the City Council Meeting July 14, 2020 This procurement is through the Texas Smart Buy Cooperative. Contracts awarded through the Texas Smart Buy Purchasing Cooperative have been competitively procured, in compliance with local and state procurement requirements. This is the first long-term contract for ammunition for CCPD. However, the department has purchased from GT Distributors, Inc. through individual purchase orders. It is not uncommon for the price of ammunition to increase 2% to 5% annually depending on the economy, with a few items sold at a lower cost in comparison to the previous year. ALTERNATIVES: The alternative to accepting this motion would be to require CCPD to purchase ammunition on an as needed basis on individual orders, which would not be as productive. In addition, a long-term supply agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact in FY 2020 is $25,300.00 for the first year of the two-year supply agreement to be funded by the Police General Fund. The remaining cost of $176,938.76 will be funded in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11790 Police Training Mission Element: 151 Respond To Law Enforcement Calls Project # (CIP Only): N/A Account: 520090 Minor tools and Equipment RECOMMENDATION: Staff recommends approval of this motion authorizing a two year supply agreement under cooperative purchase with GT Distributors, Inc. for ammunition as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement CITY OF CORPUS CHRISTI PRICE SHEET CONTRACTS AND PROCUREMENT DEPT.COOP BUYER: SANDRA RODRIGUEZ TXMAS No. 680-A1 ITEM DESCRIPTION QTY. 2 YEARS UNIT PRICE EXTENDED PRICE 1 CCI Blazer 9mm 115gr FMJ 280.00 EA $185.54 $51,951.20 2 Federal Cartridge .223 Rem 55 Gr Fmj 280.00 EA $168.03 $47,048.40 3 Hornady 223 Remington 53grain TAP Patrol Item# 80295 40.00 EA $901.89 $36,075.60 4 Hornady 9mm Luger 135+P Flexlock Item #90225 40.00 EA $435.97 $17,438.80 5 Hornady 6.5 Creedmoor 147gr ELD Match TAP Precision Item #81505 40.00 EA $1,149.71 $45,988.40 6 Hornady 12ga 2 3/4" TAP Reduced Recoil 00 Buckshot item #86265 2.00 EA $704.38 $1,408.76 7 Hornady 12ga 2 3/4" 1oz TAP reduced Recoil slug item #86285 2.00 EA $1,163.80 $2,327.60 $202,238.76TOTAL GT DISTRIBUTORS AUSTIN,TX Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3156 Ammunition for Police Department Training THIS Ammunition for Police Department Training Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and GT Distributors, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Ammunition for Police Department Training in response to Request for Bid No. TXMAS 680-1A/ 3156 (“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 Ammunition for Police Department Training 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. This Agreement is for two years. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $202,238.76, 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. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Donald Moore Department: Police Department Training Phone: 361-826-4076 Email: DonaldMo@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. 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. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Donald Moore Title: Police Captain Address: 4510 Corona Drive, Corpus Christi, Texas 78413 Phone: 361-826-4076 Fax: 361-826-4342 IF TO CONTRACTOR: GT Distributors, Inc. Attn: David Curtis Title: Bids Manager Address: P.O. Box 16080, Austin, Texas 78761 Phone: 512-451-8298 Fax: 512-453-6149 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 DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 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 Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contrac tor. The City Manager 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. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 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. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and 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. TX MAS 680-1A/ 3156 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E David Curtis Bids Manager 6/18/2020 ATTACHMENT A: SCOPE OF WORK Supplier shall supply the Police Department with Ammunition which will be utilized for police training. 1.Ammunition will be ordered on an as needed basis and shall be deliver to: Police Department Training Division 4510 Corona Dr Corpus Christi, Texas 78411 3. Ammunition shall be delivered as soon as it is available. 4. The Supplier shall property package all items. A.223 Remington 53grain TAP Patrol B.6.5 Creedmoor 147gr ELD Match TAP Precision C.9mm Luger 135+P Flexlock D.Hornady 12ga 2 3/4" TAP Reduced Recoil 00 Buckshot E.Hornady 12ga 2 3/4" 1oz TAP reduced Recoil slug 5.All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 6.Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. 7.Supplier 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. 8. Cancellations shall be in writing and sent to Contractor by email, fax or mail. 9. No restocking fee or payment of any kind shall be owed for orders cancelled due to Suppliers inability to meet the deadline delivery date. 10.Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. Page 1 of 1 DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E 000608 Master No. 0/0/00 GT Distributors - Austin NET 15 Corpus Christi Police Department 1 QTE0123591 Corpus Christi, City of (TX) 6/15/20 2020-06-15 AMMO BID 2,159,500 Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Quote Date Page: Attn: Accounts Payable Div. - 4th Fl. PO Box 9277 Corpus Christi TX 78469 321 John Sartain St Corpus Christi TX 78401 DE (512) 451-8298 Ext. 0000 P.O. Box 16080 Austin TX 78761 $185.54 $51,951.20 CCI-3509*CCI Blazer 9mm 115gr FMJ M 280.00 $168.03 $47,048.40 FC-AE223*Federal Cartridge .223 Rem 55 Gr Fmj M 280.00 $901.89 $36,075.60 HORNADY-80295*Hornady .223 Rem 53gr GMX Tap Patrol M 40.00 $435.97 $17,438.80 HORNADY-90225*Hornady-9mm Luger +P 135 gr Flexlock Duty M 40.00 $1,149.71 $45,988.40 HORNADY-81505*Hornady 6.5 Creedmoor 147gr ELD Match Tap M 40.00 $704.38 $1,408.76 HORNADY-86265*Hornady 12 Ga Tap Reduced Recoil 00 Buck 10 M 2.00 $1,163.80 $2,327.60 HORNADY-86285*(250rnd Cs) Hornady 1oz Foster Slug Reduced M 2.00 $0.00 $0.00 NOTES:Notes:EA 1 Pricing reflects: TX State Contract 680-A1 Thank you, your salesman was Adam Balak $202,238.76 $0.00 $0.00 $202,238.76 $0.00 Subtotal Misc Tax Freight Total All returns must be authorized by GT Distributors. Interest charges on past due invoices at the maximum rate allowed by law. ATTACHMENT B: QUOTE AND PRICING SCHEDULE Page 1 of 1 DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E Page 1 of 1 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS No insurance or bonds are required therefore, Supply Agreement 3156, Section 5(A) and (B) is hereby void. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Supply Agreement 3156, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E DATE: July 14, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police MikeMa@cctexas.com (361) 886-2601 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year supply agreement with Galls, LLC for an amount not to exceed $327,574.00, for the purchase of police uniforms and protective gear, with FY 2020 funding in the amount of $33,700.00 available in the General Fund and $7,275.00 available in the Corpus Christi Crime Control Fund. SUMMARY: This motion authorizes a two-year supply agreement with Galls, LLC. through the BuyBoard Cooperative. This agreement will allow the police department to order uniforms and protective gear for new cadets and current officers. BACKGROUND AND FINDINGS: The current Police Department uniform contract with Galls, LLC has expired. The new supply agreement will cover uniforms such as trousers, short and long sleeve shirts, jackets, body armor, badges, and leather gear worn by the police officers. The price in the supply agreement includes hemming of trousers, sewing of accessories such as patches and hash marks on shirts and jackets. All orders have a delivery time of 15 to 20 days on stock items and there will be no freight charges. The Police Department has been utilizing the services of Galls for over four years with exceptional customer service. Police Uniforms and Protective Gear AGENDA MEMORANDUM Action Item for the City Council Meeting July 14, 2020 The Police Department reached out to the Contracts and Procurement Department to issue a long-term contract through the BuyBoard Cooperative. Contracts awarded through the BuyBoard have been competitively procured, in compliance with Texas local and state procurement requirements. The price of uniforms and protective gear has increased between 1% to 3% from the previous contract, depending on each item. ALTERNATIVES: An alternative is not to provide officers with uniforms which is in violation of the collective bargaining contract. FISCAL IMPACT: The fiscal impact in FY 2020 is an amount of $40,975.00 for the first year of the two-year supply agreement, of which $33,700.00 is from the General Fund and $7,275.00 from the Corpus Christi Crime Control Fund. The remaining cost of $286,599.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11700 Police Administration Mission Element: 151 Respond to Law Enforcement Calls Project # (CIP Only): n/a Account: 520040 Clothing Cost: $5,350.00 Fund: 1020 General Fund Organization/Activity: 11700 Police Administration Mission Element: 151 Respond to Law Enforcement Calls Project# (CIP Only): n/a Account: 520090 Minor Tools & Equip Cost: $10,500.00 Fund: 1020 General Fund Organization/Activity: 11720 Criminal Investigation Mission Element 151 Respond to Law Enforcement Calls Project# (CIP Only): n/a Account: 520040 Clothing Cost: $1,400.00 Fund: 1020 General Fund Organization/Activity: 11730 Narcotics/Vice Investigation Mission Element: 151 Respond to Law Enforcement Calls Project# (CIP Only): n/a Account: 520040 Clothing Cost: $725.00 Fund: 1020 General Fund Organization/Activity: 11740 Uniform Division Mission Element: 151 Respond to Law Enforcement Calls Project# (CIP Only): n/a Account: 520040 Clothing Cost: $15,500.00 Fund: 1020 General Fund Organization/Activity: 11830 Criminal Intelligence Mission Element: 151 Respond to Law Enforcement Calls Project# (CIP Only): n/a Account: 520040 Clothing Cost: $225.00 Fund: 9010 CC Crime Control Organization/Activity: 11711 CCCCPD-Police Ofcr Cost Mission Element: 151 Respond to Law Enforcement Calls Project# (CIP Only): n/a Account: 520040 Clothing Cost: $2,275.00 Fund: 9010 CC Crime Control Organization/Activity: 11711 CCCCPD-Police Ofcr Cost Mission Element: 151 Respond to Law Enforcement Calls Project# (CIP Only): n/a Account: 520090 Minor Tools & Equip Cost: $5,000.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year supply agreement with Galls, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Police Uniforms & Accessories Buyboard #587-19 Item #Description Qty Your Price Ext. Total TL150 NAV 30 OB FLYING CROSS 75% POLY / 25% WOOL INSIDE CARGO PANTS 600 $80.00 $48,000.00 TL127 NAV 10 OB FLYING CROSS WOMENS 75% POLY / 25% WOOL TROUSER W/ CARGO PKT 100 $80.00 $8,000.00 TR677 NAV 33 OB FLYING CROSS MENS 75% POLY / 25% WOOL TROUSERS W/FLEX 260 $65.00 $16,900.00 TR678 NAV 8 OB FLYING CROSS WOMENS 75% POLY / 25% WOOL TROUSERS W/FLEX WAIST 30 $65.00 $1,950.00 TU152 NAV 40 OB FLYING CROSS MENS CLASS A 55/45 POLY WOOL DRESS TROUSER 30 $92.00 $2,760.00 SR431 FLYING CROSS MENS SHORT SLEEVE 75% POLY / 25% WOOL SHIRT 600 $56.00 $33,600.00 ZX459 NAV 155 33 FLYING CROSS MENS LONG SLEEVE 75 % POLY/25% WOOL SHIRT 150 $64.00 $9,600.00 SR729 LAPD 36 LNG FLYING CROSS WOMENS LONG SLEEVE 75% POLY / 25% WOOL SHIRT 70 $64.00 $4,480.00 SR376 LAPD 38 REG FLYING CROSS FEMALE SHORT SLEEVE 75% POLY/ 25% WOOL SHIRT 114 $56.00 $6,384.00 SR649 DKNV 165 SPIEWAK MENS LONG SLEEVE PERFORMANCE DUTY SHIRT 60 $65.00 $3,900.00 HW509 CADET HATS /KEYSTONE OR MIDWAY 70 $55.00 $3,850.00 EG1572 GOLD HASHMARKS/ OR WHITE HASHMARKS 400 $1.00 $400.00 EN3627 POLICE PATCH 5800 $1.75 $10,150.00 BW436HG POLICE BADGE 80 $112.00 $8,960.00 BW590HG POLICE HATSHIELD BADGE B887 W/EAGLE AND BOTTOM PANEL 60 $85.00 $5,100.00 BY632NAVCTM BODY ARMOR HILITE W/ AXII 2 CARRIERS 150 $710.00 $106,500.00 BY6346*8 SPEED PLATE 150 $95.00 $14,250.00 FLK652AD STINGER FLASHLIGHT DS LED STANDARD CHARGE 90 $138.00 $12,420.00 HS369 LGR REG POL GALLS ANSI207 SAFETY VEST 80 $45.00 $3,600.00 SG506 DKNV STRYKE SHIRT 20 $65.00 $1,300.00 ST147 DKNV CORNERSTONE POLO 40 $30.00 $1,200.00 TR909 511 STRYKE PANT FLEX TAC 60 $62.00 $3,720.00 SG732 RBNV ELBECO UFX COLORBLOCK POLO 40 $52.00 $2,080.00 LP053 CL NKL 3 HONOR GUARD DOUBLE MAG POUCH/GOULD & GOODRICH 40 $30.00 $1,200.00 LP074 CL SIL 40 HONOR GUARD SHOULDER STRAP SILVER OR GOLD/GOULD & GOODRICH 40 $52.00 $2,080.00 LP604 CL NKL 38 HONOR GUARD SAM BROWN BELT/GOULD & GOODRICH 40 $42.00 $1,680.00 ZA740 CL NKL HONOR GUARD BLACK SLIDING D RINGS SILVER OR GOLD/GOULD & 40 $13.00 $520.00 LP097 CL NKL HONOR GUARD HANDCUFF CASE SILVER OR GOLD/GOULD & GOODRICH 40 $25.00 $1,000.00 TT784 BLK GALLS TAC FORCE TACTICAL PANT 80 $23.00 $1,840.00 JA775 THRILLER 5 IN 1 WINTER JACKET 70 $145.00 $10,150.00 $ 327,574.00 Two Year Supply Agreement Galls, LLC Lexington, KY Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3114 Police Uniforms and Accessories THIS Police Uniforms and Accessories Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Galls, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Police Uniforms and Accessories in response to Request for Bid No. BuyBoard #587-19 (“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 Police Uniforms and Accessories 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. This Agreement is for two years. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $327,574.00, 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. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Pat Eldridge Department: Police Department Phone: (361) 886-2696 Email: Pat@cctexas.com 5. Insurance. 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. 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. DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain St., Corpus Christi, TX 78401 Phone: (361) 886-2696 Fax: (361) 886-2607 IF TO CONTRACTOR: Galls, LLC Attn: Tara Beulah Title: Account Manager Address: 8430 N. Sam Houston Pkwy W, Houston, TX 77064 Phone: (281) 546-2643 Fax: (859) 268-5946 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 DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 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 Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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. DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 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. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and 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. BuyBoard #587-19 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 CFO 6/4/2020 David Scheve Attachment A: Scope of Work 1.The Contractor shall provide trousers, short and long sleeve shirts, caps, jackets and other items worn by the Police Officers on an as needed basis, as outlined on Attachment B. 2.Price shall include hemming of trousers, sewing on of patches, and hashmarks on shirts and jackets. 3.Delivery time frame for stock items shall be 15-20 days. 4.Freight charges will not be applied. 5.Delivery address for all shipments will be: 321 John Sartain, 5th Floor Corpus Christi, TX 78401 Page 1 of 1 DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 Price Quote BuyBoard 587-19 Item #Description Qty Your Price Ext. Total TL150 NAV 30 OB FLYING CROSS 75% POLY / 25% WOOL INSIDE CARGO PANTS 600 80.00 $48,000.00 TL127 NAV 10 OB FLYING CROSS WOMENS 75% POLY / 25% WOOL TROUSER W/ CARGO PKT 100 80.00 $8,000.00 TR677 NAV 33 OB FLYING CROSS MENS 75% POLY / 25% WOOL TROUSERS W/FLEX WAISTBAND 260 65.00 $16,900.00 TR678 NAV 8 OB FLYING CROSS WOMENS 75% POLY / 25% WOOL TROUSERS W/FLEX WAIST 30 65.00 $1,950.00 TU152 NAV 40 OB FLYING CROSS MENS CLASS A 55/45 POLY WOOL DRESS TROUSER 30 92.00 $2,760.00 SR431 FLYING CROSS MENS SHORT SLEEVE 75% POLY / 25% WOOL SHIRT 600 56.00 $33,600.00 ZX459 NAV 155 33 FLYING CROSS MENS LONG SLEEVE 75 % POLY/25% WOOL SHIRT 150 64.00 $9,600.00 SR729 LAPD 36 FLYING CROSS WOMENS LONG SLEEVE 75% POLY / 25% WOOL SHIRT 70 64.00 $4,480.00 SR376 LAPD 38 FLYING CROSS FEMALE SHORT SLEEVE 75% POLY/ 25% WOOL SHIRT 114 56.00 $6,384.00 SR649 DKNV 165 SPIEWAK MENS LONG SLEEVE PERFORMANCE DUTY SHIRT 60 65.00 $3,900.00 HW509 CADET HATS /KEYSTONE OR MIDWAY 70 55.00 $3,850.00 EG1572 GOLD HASHMARKS/ OR WHITE HASHMARKS 400 1.00 $400.00 EN3627 POLICE PATCH 5800 1.75 $10,150.00 BW436HG POLICE BADGE 80 112.00 $8,960.00 BW590HG POLICE HATSHIELD BADGE B887 W/EAGLE AND BOTTOM PANEL 60 85.00 $5,100.00 BY632NAVCTM BODY ARMOR HILITE W/ AXII 2 CARRIERS 150 710.00 $106,500.00 BY6346*8 SPEED PLATE 150 95.00 $14,250.00 FLK652AD STINGER FLASHLIGHT DS LED STANDARD CHARGE 90 138.00 $12,420.00 HS369 LGR REG GALLS ANSI207 SAFETY VEST 80 45.00 $3,600.00 SG506 DKNV STRYKE SHIRT 20 65.00 $1,300.00 ST147 DKNV CORNERSTONE POLO 40 30.00 $1,200.00 TR909 511 STRYKE PANT FLEX TAC 60 62.00 $3,720.00 SG732 RBNV ELBECO UFX COLORBLOCK POLO 40 52.00 $2,080.00 LP053 CL NKL 3 HONOR GUARD DOUBLE MAG POUCH/GOULD & GOODRICH 40 30.00 $1,200.00 LP074 CL SIL 40 HONOR GUARD SHOULDER STRAP SILVER OR GOLD/GOULD & GOODRICH 40 52.00 $2,080.00 LP604 CL NKL 38 HONOR GUARD SAM BROWN BELT/GOULD & GOODRICH 40 42.00 $1,680.00 ZA740 CL NKL HONOR GUARD BLACK SLIDING D RINGS SILVER OR GOLD/GOULD & GOODRIICH 40 13.00 $520.00 LP097 CL NKL HONOR GUARD HANDCUFF CASE SILVER OR GOLD/GOULD & GOODRICH 40 25.00 $1,000.00 TT784 BLK GALLS TAC FORCE TACTICAL PANT 80 23.00 $1,840.00 JA775 THRILLER 5 IN 1 WINTER JACKET 70 145.00 $10,150.00 $ $327,574.00 Tara Beulah beulah-tara@galls.com Two Year Supply Agreement Attachment B: Bid/Pricing Schedule Page 1 of 1 DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 Attachment C: Insurance Requirement Insurance is not required for this supply agreement; therefore, Section 5, Insurance is null and void. Page 1 of 1 DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 Attachment D: Warranty Requirements Warranty is not required in this supply agreement; therefore, Section 8, Warranty, Subsection 8 (B) is null and void. Page 1 of 1 DocuSign Envelope ID: 414861BC-74DB-40BD-B84C-DB2A60692103 DATE: July 14, 2020 TO: Peter Zanoni, City Manager FROM : Robert Rocha, Fire Chief Rrocha@cctexas.com (361) 826-3932 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing five, three-year supply agreements for the purchase of medical supplies for the Corpus Christi Fire Department, with each of the following vendors: Bound Tree Medical, LLC in an amount not to exceed $414,500.00; Henry Schein, Inc. in an amount not to exceed $244,800.00; Life-Assist, Inc. in an amount not to exceed $92,800.00; Medline Industries, Inc. in an amount not to $147,700.00 and Quadmed, Inc. in an amount not to exceed $132,200.00, with FY 2020 funding in an amount of $86,000.00 available in the General Fund. SUMMARY: This motion authorizes the purchase of medical supplies for the Emergency Medical Services (EMS) division of Corpus Christi Fire Department (CCFD). Medical supplies are used during emergency response calls and are critical for public health and safety. The medical supplies are carried by CCFD ambulances and fire apparatus’ which respond to emergencies throughout the city. BACKGROUND AND FINDINGS: The majority of calls from 911 routed to CCFD are requests for EMS. Medical supplies are imperative to EMS’s ability to operate. Paramedics use medical supplies when providing basic and advanced life support to citizens being treated for injuries and illnesses. Medical supplies include items used for administering intravenous fluids and Medical Supplies for the Emergency Medical Services Division of the Corpus Christi Fire Department AGENDA MEMORANDUM Action Item for the City Council Meeting July 14, 2020 medications, which are especially vital for treating patients with cardiac, respiratory, or trauma related emergencies. Paramedics also use medical supplies to ensure stabilization of patients before transferring them to hospitals or other medical facilities. Medical supplies are critical for daily emergency response operations. The Contracts and Procurement Department conducted a competitive Request for Bid (RFB) process to obtain bids for new contracts. The RFB was set up for bidders to bid by line item. The City received eight bids, and is recommending awards to Bound Tree Medical from, LLC, Henry Schein, Inc., Life-Assist, Inc., Medline Industries, Inc., Quadmed, Inc. as the lowest, responsive, responsible bidders for each of the respective contract values as indicated in the table below. It is not uncommon for the price of medical supplies to continuously fluctuate depending on the supply and demand at the time a purchase order is issued. Purchasing these supplies on an as needed basis, as previous done, may render a higher cost than purchasing in larger volumes with three-year locked- in price contracts such as these. Supplier Three-year Supply Agreement Bound Tree, LLC., Dublin, OH $ 414,500.00 Henry Schein, Inc., Daytona, FL $ 244,800.00 Life-Assist, Inc., Rancho Cordova, CA $ 92,800.00 Medline Industries, Inc., Northfield, IL $ 147,700.00 Quadmed, Inc., Jacksonville, FL $ 132,200.00 Grand Total $ 1,032,000.00 ALTERNATIVES: An alternative to accepting this bid would be to require CCFD to purchase medical supplies on an as needed basis, which would not be as productive as having a supply agreement in place. In addition, a long-term agreement locks-in pricing throughout the term of the agreements and may allow for cost savings and a better economy of scale. FISCAL IMPACT: The fiscal impact in FY 2020 is $86,000.00 for five, three-year supply agreements to be funded by the Fire Genal Fund. The remaining cost of $946,000.00 will be funded in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Operations Mission Element: 093 Respond to Emergency Calls Project # (CIP Only): N/A Account: 520030 Chemicals/Household supplies RECOMMENDATION: Staff recommends approval of this motion authorizing three-year agreements with Bound Tree Medical, LLC, Henry Schein, Inc., Life-Assist, Inc., Medline Industries, Inc., Quadmed, Inc.as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreements City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB No. 2664 Buyer: Lois Hinojosa Medical Supplies for CCFD MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 1 #14 or #18 Fr. Catheter EA 150 No Bid 2.37$ 0.19$ 0.19$ 0.31$ 0.10$ No Bid 0.26$ **15.00$ 2 #5 or #6 Fr. Catheter EA 150 No Bid 0.21$ 0.19$ 0.19$ 0.31$ 0.10$ No Bid 0.25$ **15.00$ 3 #6 or #8 Fr. Catheter EA 90 No Bid 0.19$ 0.19$ 0.19$ 0.31$ 0.10$ No Bid 0.25$ **9.00$ 4 1” Transpore Tape ROLL 1,100 **0.79$ 0.93$ 1.14$ 1.31$ 0.58$ No Bid 0.43$ **473.00$ 5 1000ml N/S Bag – per bag EA 6,600 No Bid No Bid 2.85$ 2.60$ 3.11$ 2.96$ No Bid 3.35$ **17,160.00$ 6 100ml N/S Bag – per bag EA 600 No Bid No Bid 2.22$ 2.42$ 7.91$ 1.78$ No Bid 2.59$ **1,068.00$ 7 15gtt Drip Set (maxi) (B. Braun or similar)EA 11,700 No Bid 4.03$ 1.24$ 1.00$ No Bid 0.86$ No Bid 2.20$ **10,062.00$ 8 16g Jelco, ProtectIV Plus I.V. catheter, part #3062 EA 3,000 No Bid 1.44$ 1.39$ 1.33$ 2.10$ 1.16$ No Bid 2.75$ **3,480.00$ 9 18g Draw Needle EA 4,500 No Bid 0.24$ 0.04$ 0.03$ 0.37$ 0.04$ No Bid 0.03$ **115.65$ 10 18g Jelco, ProtectIV Plus I.V. catheter, part #3065 EA 27,000 No Bid 1.44$ 1.39$ 1.33$ 2.10$ 1.16$ No Bid 3.03$ **31,320.00$ 11 2” Cloth Tape (sterile)ROLL 600 **1.15$ 1.36$ 1.61$ No Bid 1.22$ No Bid 1.01$ **606.00$ 12 2” Kling (sterile)EA 900 No Bid 0.10$ 0.19$ 1.51$ 1.48$ 0.32$ No Bid 0.11$ **90.00$ 13 20g Jelco, ProtectIV Plus I.V. catheter EA 30,000 No Bid 1.44$ 1.39$ 1.33$ 2.10$ 1.16$ No Bid 2.75$ **34,800.00$ Page 1 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 14 21g or 22g Hypo Needles (IM) EA 1,200 No Bid 0.25$ 0.04$ 0.03$ 0.05$ 0.20$ No Bid 0.05$ **31.20$ 15 22g Jelco, ProtectIV Plus I.V. catheter, part #3060 EA 2,100 No Bid 1.44$ 1.39$ 1.33$ 2.10$ 1.16$ No Bid 2.89$ **2,436.00$ 16 24g Jelco, ProtectIV Plus I.V. catheter, part #3063 EA 900 No Bid 1.44$ 1.39$ 1.33$ 2.10$ 1.16$ No Bid 3.07$ **1,044.00$ 17 2x2 Singles – 2 pk at 50 per box (8- PLY)BX 450 No Bid 1.12$ 2.19$ 1.21$ 1.75$ 2.48$ No Bid 0.70$ **315.00$ 18 4x4 Singles – 2 pk at 50 per box (12- PLY)BX 1,200 No Bid 1.24$ 5.26$ 1.82$ 2.56$ 4.60$ No Bid 2.21$ **1,488.00$ 19 4x4 Trays (10 per tray) EA 8,400 No Bid 0.48$ 0.85$ 0.06$ 0.74$ 0.05$ No Bid 0.05$ **420.00$ 20 500ml N/S Bag – per bag EA 1,650 No Bid No Bid 2.89$ 2.60$ 3.51$ 4.95$ No Bid 3.31$ **4,290.00$ 21 6’ Backboard w/ pins, reusable, and three straps per board EA 50 No Bid 98.65$ 130.00$ **No Bid 127.78$ No Bid 91.88$ **4,594.00$ 22 60gtt Drip Set (mini) – sterile EA 350 No Bid 0.97$ 1.21$ 1.00$ 9.54$ 1.08$ No Bid 3.46$ **339.50$ 23 Abdominal Sterile Dressing EA 300 No Bid 0.09$ 0.15$ 0.11$ 0.14$ 0.08$ No Bid 0.07$ **21.00$ 24 Adult Traction Splint, Ferno SP444 (reusable)EA 25 465.85$ 403.35$ 355.95$ 415.15$ 515.17$ 349.50$ No Bid 461.81$ **8,737.50$ 25 Air Splint (ankle/foot) - disposable EA 210 No Bid 8.50$ 9.38$ 9.76$ 12.12$ 8.90$ No Bid 12.85$ **1,785.00$ 26 Air Splint (full arm) - disposable EA 60 No Bid 9.90$ 10.93$ 11.38$ 14.13$ 10.50$ No Bid 24.84$ **594.00$ Page 2 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 27 Air Splint (full leg) – disposable EA 90 No Bid 11.36$ 12.53$ 13.05$ 16.20$ 11.90$ No Bid 28.12$ **1,022.40$ 28 Alcohol Bottle, 16 oz.EA 120 **1.43$ 1.28$ 1.24$ 1.44$ 1.11$ No Bid 2.37$ **133.20$ 29 Alcohol Preps – 200 per box BX 350 1.71$ 1.34$ 1.58$ 1.05$ 1.26$ 1.59$ No Bid 2.60$ **367.50$ 30 Ammonia Capsules – 10 per box BX 300 2.86$ 1.79$ 1.86$ 2.12$ 2.70$ 2.07$ No Bid 3.06$ **537.00$ 31 Antiseptic Wipes – 12 tubs per case, Sani-cloth, 160 per tube CA 720 **70.43$ 71.16$ 66.00$ 77.78$ 72.60$ No Bid 96.00$ **47,520.00$ 32 B/P Cuff, Adult (complete unit)EA 40 27.95$ 5.16$ 7.98$ 5.45$ 15.93$ 4.28$ No Bid 8.05$ **171.20$ 33 B/P Cuff, Infant (complete unit)EA 25 No Bid 5.16$ 6.88$ 5.45$ 15.93$ 4.28$ No Bid 7.56$ **107.00$ 34 B/P Cuff, Pedi (complete unit)EA 25 No Bid 5.16$ 6.88$ 5.45$ 15.93$ 4.28$ No Bid 7.65$ **107.00$ 35 B/P Cuff, Adult Large (complete unit)EA 50 52.94$ 5.16$ 6.88$ 5.62$ 20.48$ 4.28$ No Bid 8.47$ **214.00$ 36 B/P Cuff, Thigh (complete unit)EA 25 No Bid 5.16$ 6.88$ 6.00$ 23.88$ 4.28$ No Bid 9.06$ **107.00$ 37 Band aids-Adult – 1 box (100 per box)BX 300 2.63$ 1.22$ 1.32$ 0.89$ 1.72$ 1.25$ No Bid 1.44$ **267.00$ 38 Band aids- Pediatric – 1 box (50 per box)BX 90 No Bid 1.01$ 1.35$ 1.50$ 3.57$ 0.53$ No Bid 0.61$ **47.70$ 39 Biohazard Bag- Small - 24”x30”EA 220 No Bid 47.24$ 0.14$ 0.10$ 0.27$ 0.10$ No Bid 0.04$ **8.80$ 40 Bio-hoop bags (emesis) – 12 per pack PK 2,250 No Bid 13.39$ 18.42$ 33.84$ 28.06$ 18.90$ No Bid 4.37$ **9,832.50$ Page 3 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 41 Blankets (cold weather) – disposable – 66”x90”EA 540 No Bid 4.45$ 3.48$ 7.88$ 5.33$ 2.94$ No Bid 3.16$ **1,587.60$ 42 Child Bougie Tracheal Tube (not coiled) – 10FR, Dynarex EA 45 No Bid 2.79$ 6.50$ 3.00$ No Bid 4.22$ No Bid 5.55$ **125.55$ 43 Bulb Syringe, 2oz.EA 90 No Bid 0.70$ 0.64$ 0.71$ 1.32$ 0.64$ No Bid 0.46$ **41.40$ 44 Burn Sheets (sterile) EA 120 No Bid 1.41$ 1.92$ 1.13$ 1.90$ 2.70$ No Bid 2.34$ **135.60$ 45 BVM-adult, w/ O2 reservoir, no peep or manometer EA 1,350 No Bid 8.05$ 8.40$ 8.25$ 11.28$ 11.25$ No Bid 8.61$ **10,867.50$ 46 BVM-Infant, w/ O2 reservoir, peep needed, manometer not required EA 90 No Bid 7.28$ 8.40$ 9.64$ No Bid 13.25$ No Bid 10.17$ **655.20$ 47 BVM-Pedi, w/ O2 reservoir, peep needed, manometer not required EA 120 No Bid 8.24$ 8.40$ 8.25$ 26.61$ 13.00$ No Bid 10.79$ **988.80$ 48 Capnography (Zoll) (etco2 filterline), Oridion Microstream EA 375 No Bid 6.59$ 9.44$ 14.31$ 17.76$ 13.00$ No Bid No Bid **2,471.25$ 49 C-Collar adjustable, Adult, Laerdal EA 5,400 No Bid 5.64$ 4.68$ 7.78$ 7.29$ 10.40$ No Bid 6.55$ **25,272.00$ 50 C-Collar adjustable, Pediatric, Laerdal EA 360 No Bid 6.57$ 4.68$ 7.78$ 7.00$ 3.59$ No Bid 6.55$ **1,292.40$ Page 4 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 51 Chest Decompression Kit, 14 gauge by 5.25”, 2.1x133mm EA 90 No Bid 75.57$ 83.94$ 12.45$ No Bid 13.19$ No Bid 36.92$ **1,120.50$ 52 Coban (4”x5yd)EA 1,500 **0.68$ 2.17$ 1.18$ 3.07$ 14.50$ No Bid 1.08$ **1,020.00$ 53 Cold Packs (6”x9”) EA 4,500 **7.93$ 0.44$ 0.50$ 0.58$ 0.24$ No Bid 1.27$ **1,080.00$ 54 CPAP Mask, Large (blue), whole CPAP device, disposable, O-Two CPAP system, “open circuit”, part # 01CV0211- cs EA 360 No Bid 31.07$ 30.54$ 35.13$ 448.00$ No Bid No Bid 23.59$ **8,492.40$ 55 CPAP Mask, Medium (red), whole CPAP device, disposable, O-Two CPAP system, “open circuit”, part # 01cv0212-cs EA 300 No Bid 31.07$ 30.54$ 35.13$ 448.00$ No Bid No Bid 23.59$ **7,077.00$ 56 CPAP Mask, Small (green), Whole CPAP device, disposable, O-Two CPAP system, “open circuit”, part # 01cv0213-cs EA 90 No Bid 31.07$ 30.54$ 35.13$ 448.00$ No Bid No Bid 23.59$ **2,123.10$ 57 Distilled Water – gallon EA 150 No Bid No Bid 2.23$ 4.44$ 4.82$ No Bid No Bid 2.57$ **334.50$ 58 ECG Paper Roll (Zoll) 6 rolls per box BX 125 No Bid 12.48$ 22.69$ 33.83$ 40.10$ 40.32$ No Bid 28.59$ **1,560.00$ 59 Electrodes (Zoll) Adult – 6 pk PK 360 **1.13$ 1.12$ 20.20$ 150.35$ 1.55$ No Bid 92.40$ **403.20$ Page 5 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 60 Electrodes (Zoll) Pedi – 3 per pouch POUCH 1,050 No Bid 61.18$ 0.56$ 0.50$ 82.35$ 35.46$ No Bid 56.12$ **525.00$ 61 Electrodes (Zoll)Adult – 4 pk PK 900 **6.16$ 0.75$ 0.81$ 120.27$ 1.02$ No Bid No Bid **675.00$ 62 ET Tube Holder, Adult, Laerdal, Thomas Tube Holder, part # 600- 10000 (or comparable)EA 600 No Bid 3.13$ 2.64$ 2.66$ 3.81$ 3.45$ No Bid 5.76$ **1,584.00$ 63 ET Tube Holder, Pedi, Thomas Tube Holder, part # 600- 20000 (or comparable)EA 75 No Bid 3.68$ 2.64$ 2.66$ 3.81$ 2.75$ No Bid 3.80$ **198.00$ 64 ET Tube, 3.0 (Uncuffed, with stylet)EA 120 No Bid 1.14$ 1.76$ 1.50$ 5.74$ 0.45$ No Bid 1.23$ **54.00$ 65 ET Tube, 3.5 (Uncuffed, with stylet)EA 90 No Bid 1.14$ 1.76$ 1.50$ 5.73$ 0.45$ No Bid 1.23$ **40.50$ 66 ET Tube, 4.0 (Uncuffed, with stylet)EA 120 No Bid 1.14$ 1.76$ 1.50$ 5.73$ 0.45$ No Bid 1.25$ **54.00$ 67 ET Tube, 6.0 (Cuffed, without stylet)EA 120 No Bid 0.83$ 0.79$ 0.77$ No Bid 0.45$ No Bid 1.45$ **54.00$ 68 ET Tube, 7.0 (Cuffed, without stylet)EA 390 No Bid 0.83$ 0.79$ 0.77$ No Bid 0.67$ No Bid 1.45$ **261.30$ 69 ET Tube, 7.5 (Cuffed, without stylet)EA 390 No Bid 0.83$ 0.79$ 0.77$ No Bid 0.67$ No Bid 1.45$ **261.30$ Page 6 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 70 ET Tube, 8.0 (Cuffed, without stylet)EA 90 No Bid 0.83$ 0.79$ 0.77$ No Bid 0.67$ No Bid 1.45$ **60.30$ 71 ET Tube, 8.5 (Cuffed, without stylet)EA 120 No Bid 0.83$ 0.79$ 0.77$ No Bid 0.67$ No Bid 1.76$ **80.40$ 72 ET Tube, 9.0 (Cuffed, without stylet)EA 120 No Bid 0.83$ 0.79$ 0.77$ No Bid 0.67$ No Bid 1.25$ **80.40$ 73 ETCO2 Detector, Adult, Covidien Nellcor, easy cap II >15kg, part # 191680003 (or comparable) EA 600 No Bid 6.90$ 9.01$ 10.19$ 12.64$ 8.59$ No Bid 16.37$ **4,140.00$ 74 ETCO2 Detector, Pedi, Covidien Nellcor, pedicap – 1kg – 15kg, part # 183300009 (or comparable)EA 210 No Bid 6.90$ 9.01$ 41.24$ 12.80$ 10.30$ No Bid 16.44$ **1,449.00$ 75 Eye Wash, 4oz.EA 200 1.99$ 2.60$ 2.49$ 1.96$ 2.44$ 2.55$ No Bid 4.85$ **392.00$ 76 Fitted EMS Sheets 1 cs=50 per case, 30” width by 72” length, 4” poly-film CS 1,200 No Bid 37.80$ 39.00$ 37.50$ 63.48$ 21.98$ No Bid 85.68$ **26,376.00$ 77 Flat EMS Sheets 1 cs=50 per case CS 210 No Bid 54.57$ 27.00$ 33.08$ 68.82$ 29.30$ No Bid 23.71$ **4,979.10$ 78 Gloves long cuff, Large – 100 per box BX 900 ************************-$ 79 Gloves long cuff, Medium – 100 per box BX 600 ************************-$ Page 7 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 80 Gloves long cuff, Small – 100 per box BX 150 ************************-$ 81 Gloves long cuff, X Large – 100 per box BX 90 ************************-$ 82 Glucometer Lancets (23 gauge) EA 27,000 **0.06$ 0.10$ 0.05$ 0.21$ 0.07$ No Bid 0.10$ **1,323.00$ 83 Glucometer Strips – 50 per box, Microdot BX 1,500 **16.41$ 17.19$ 16.61$ 23.79$ 20.49$ No Bid 8.00$ **12,000.00$ 84 Glucometer Test Solutions, Microdot EA 120 No Bid 10.71$ 11.50$ 11.11$ 15.90$ 11.99$ No Bid 7.29$ **874.80$ 85 Hand Sanitizer, 4 oz.EA 540 **0.59$ 1.31$ 0.76$ 1.82$ 0.95$ No Bid 1.92$ **318.60$ 86 Hand Suction Refill for Ambu Res-Cue Pump EA 150 No Bid No Bid 7.70$ 8.13$ 11.10$ 6.98$ No Bid No Bid **1,047.00$ 87 Hands Free CPR Pads (Zoll) – Adult – 12 per case CS 900 No Bid 456.28$ 757.80$ 848.04$ 701.60$ 204.00$ No Bid No Bid **183,600.00$ 88 Hands Free CPR Pads (Zoll) – Pedi EA 150 99.75$ 90.80$ 86.04$ 97.35$ 120.81$ 120.00$ No Bid No Bid **12,906.00$ 89 Head Block Tape (Duct tape)EA 360 No Bid 9.35$ 6.62$ 7.18$ No Bid 5.92$ No Bid No Bid **2,131.20$ 90 Head Blocks EA 2,700 No Bid 3.29$ 4.16$ 3.62$ 13.37$ 2.69$ No Bid No Bid **7,263.00$ 91 Hot Packs (5”x9”)EA 1,200 **11.59$ 0.50$ 0.61$ 0.58$ 0.21$ No Bid 0.60$ **252.00$ 92 Hydrogen Peroxide Bottle, 8oz – 32oz EA 150 **1.43$ 0.57$ 0.48$ 0.55$ 0.89$ No Bid 0.84$ **72.00$ 93 Infant O2 Mask EA 300 No Bid 0.74$ 0.87$ 0.71$ 2.90$ 0.75$ No Bid 1.18$ **213.00$ 94 I-Pads “Needle- free valves”EA 58,500 No Bid 0.84$ 1.78$ 0.67$ No Bid No Bid No Bid No Bid **39,195.00$ Page 8 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 95 Isolair Masks EA 90 No Bid 1.36$ 1.00$ 0.90$ 1.31$ 0.05$ No Bid 0.92$ **4.50$ 96 Isolation Kits to include gown, shoe covers, mask w/eye protection, surgical cap (head cover) – per kit EA 60 No Bid 3.23$ 5.85$ 3.40$ 4.77$ 5.32$ No Bid 195.00$ **193.80$ 97 IV Start Packs – per pack, tie off (rubber band) tape that is 2x2 gauge PK 50,500 No Bid 0.79$ 1.01$ 0.85$ No Bid 1.52$ No Bid 0.67$ **33,835.00$ 98 KED Ferno SW101 EA 25 151.06$ 127.68$ **134.69$ 167.15$ 109.70$ No Bid 558.95$ **2,742.50$ 99 Kerlix – 100 per case, sterile, 4.5”x4.1yd (11.4 cm X 3.7 m)EA 2,700 172.98$ 0.47$ 0.58$ 0.62$ 95.42$ 0.40$ No Bid 0.68$ **1,080.00$ 100 King Tube LTS-D Ambu 3 EA 150 No Bid 26.97$ 27.36$ 27.77$ 42.52$ 28.49$ No Bid 46.80$ **4,045.50$ 101 King Tube LTS-D Ambu 4 EA 525 No Bid 26.97$ 27.36$ 27.77$ 41.37$ 28.49$ No Bid 46.80$ **14,159.25$ 102 King Tube LTS-D Ambu 5 EA 225 No Bid 26.97$ 27.36$ 27.77$ 41.37$ 28.49$ No Bid 46.80$ **6,068.25$ 103 Laryngoscope Handle, Medium (reusable)EA 30 No Bid 22.09$ 12.51$ 7.77$ 45.47$ 43.79$ No Bid No Bid **233.10$ 104 Laryngoscope Handle, Small (reusable)EA 30 No Bid 22.09$ 12.51$ 7.77$ 45.47$ 43.79$ No Bid No Bid **233.10$ 105 Laryngoscope Handle, Standard (reusable)EA 30 No Bid 9.88$ 12.51$ 7.77$ 58.13$ No Bid Sheet No Bid No Bid **233.10$ 106 MAD, nasal use EA 900 No Bid 3.49$ 6.10$ 8.56$ 10.63$ No Bid Sheet No Bid 8.86$ **3,141.00$ Page 9 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 107 Magill Forceps, Large EA 60 No Bid 3.48$ 3.47$ 3.95$ 14.25$ No Bid Sheet No Bid 15.55$ **208.20$ 108 Magill Forceps, Small EA 60 No Bid 3.52$ 3.47$ 3.85$ 4.77$ No Bid Sheet No Bid 13.39$ **208.20$ 109 Mask w/eye protection – 25 per box BX 30 No Bid 23.11$ 28.05$ 9.60$ 27.40$ No Bid Sheet No Bid 16.14$ **288.00$ 110 Meconium Aspirator EA 90 No Bid 3.65$ 4.27$ 6.42$ 7.66$ No Bid Sheet No Bid 5.44$ **328.50$ 111 Medication Labels, red, permanent, 2 ½” x 1 ½”, (pack of 1,000 per roll)ROLL 9 No Bid No Bid 30.00$ 29.14$ 35.74$ No Bid Sheet No Bid No Bid **262.26$ 112 Multi-Trauma Dressing EA 600 0.81$ 0.65$ 0.78$ 0.80$ 1.53$ No Bid Sheet No Bid 0.55$ **330.00$ 113 N-95 Masks, molded EA 300 No Bid No Bid 0.95$ 0.07$ 3.17$ No Bid Sheet No Bid 0.79$ **22.20$ 114 Nasal Cannula (non-flared)EA 14,000 No Bid **0.26$ 0.27$ 0.35$ No Bid Sheet No Bid 0.29$ **3,640.00$ 115 Nasopharyngeal Airways-Sz 28fr box of 10 BX 5 No Bid 22.99$ 16.70$ 16.90$ 21.70$ No Bid Sheet No Bid 21.97$ **83.50$ 116 Nasopharyngeal Airways-Sz 20fr box of 10 BX 5 No Bid 22.99$ 16.70$ 16.90$ 38.22$ No Bid Sheet No Bid 21.97$ **83.50$ 117 Nasopharyngeal Airways-Sz 24fr box of 10 BX 5 No Bid 22.99$ 16.70$ 16.90$ 21.70$ No Bid Sheet No Bid 21.97$ **83.50$ 118 Nasopharyngeal Airways-Sz 32fr Box of 10 BX 5 No Bid 22.99$ 16.70$ 16.90$ 21.70$ No Bid Sheet No Bid 21.97$ **83.50$ 119 Nasopharyngeal Airways-Sz 36fr Box of 10 BX 5 No Bid 22.99$ 16.70$ 16.90$ 39.84$ No Bid Sheet No Bid 25.11$ **83.50$ Page 10 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 120 Nebulizer Mask, Adult EA 650 1.64$ 0.81$ 1.01$ 0.65$ 1.37$ No Bid Sheet No Bid 0.83$ **422.50$ 121 Nebulizer Mask, Pedi EA 300 No Bid 0.81$ 1.07$ 0.47$ 1.42$ No Bid Sheet No Bid 1.30$ **141.00$ 122 Nebulizer, Micro Mist w/ tee, 7ft. star lumen tubing, mouthpiece and reservoir including a universal oxygen connector EA 3,200 No Bid 0.76$ 0.70$ 0.72$ 1.37$ No Bid Sheet No Bid 0.78$ **2,240.00$ 123 NRB Mask EA 10,800 No Bid 0.58$ 0.67$ 0.67$ 1.06$ No Bid Sheet No Bid 0.68$ **6,264.00$ 124 O2 Regulator “D” cylinder EA 150 No Bid 26.69$ 42.00$ 30.60$ No Bid No Bid Sheet No Bid 23.94$ **3,591.00$ 125 O2 Regulator “K” cylinder EA 30 No Bid 58.08$ 83.85$ 25.26$ No Bid No Bid Sheet No Bid 25.29$ **757.80$ 126 O2 Wrench (D- Cylinder) - metal EA 90 No Bid 1.89$ 1.53$ 3.35$ 5.50$ No Bid Sheet No Bid 0.79$ **71.10$ 127 OB Kit, including: (2) OB towelettes, (2) umbilical clamps, (2) alcohol prep pads, (2) twist ties, (1) under pad measuring, 23 X 36”, (1) drape sheet measuring 40X60”, (1) placenta bag, (1) set of gloves, (1) bulb syringe, (1) OB pad, (1) scalpel #11, (3) 2- pack sponges measuring 4X4, (4) 3ply towels EA 180 No Bid 4.51$ 8.00$ 4.71$ 6.75$ No Bid Sheet No Bid 8.13$ **811.80$ Page 11 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 128 Oral Airway 100mm EA 420 No Bid 0.15$ 0.18$ 0.17$ 0.27$ No Bid Sheet No Bid No Bid **63.00$ 129 Oral Airway 40mm EA 75 No Bid 0.16$ 0.18$ 0.13$ 0.24$ No Bid Sheet No Bid 0.50$ **9.75$ 130 Oral Airway 50mm EA 90 No Bid 0.21$ 0.18$ 0.13$ 0.48$ No Bid Sheet No Bid No Bid **11.70$ 131 Oral Airway 60mm EA 45 No Bid 0.16$ 0.18$ 0.13$ 0.24$ No Bid Sheet No Bid 0.29$ **5.85$ 132 Oral Airway 80mm EA 150 No Bid 0.15$ 0.18$ 0.16$ 0.24$ No Bid Sheet No Bid 0.27$ **22.50$ 133 Oral Airway 90mm EA 210 No Bid 0.15$ 0.18$ 0.16$ 0.25$ No Bid Sheet No Bid 0.23$ **31.50$ 134 Padded Splint – Medium, wood EA 60 No Bid 3.11$ 3.51$ 2.89$ 5.05$ No Bid Sheet No Bid 2.07$ **124.20$ 135 Padded Splint – Small, wood EA 120 No Bid 2.26$ 3.42$ 1.50$ 3.99$ No Bid Sheet No Bid 1.65$ **180.00$ 136 Padded Splint long – Large, wood EA 30 No Bid 3.54$ 7.92$ 3.61$ 5.53$ No Bid Sheet No Bid 2.54$ **76.20$ 137 Pedi O2 Mask EA 400 No Bid 0.74$ 0.75$ 0.72$ 2.90$ No Bid Sheet No Bid 0.70$ **280.00$ 138 Pediatric Backboard Ferno SW78 EA 25 725.70$ 316.96$ 347.93$ 391.28$ 485.55$ No Bid Sheet No Bid ****7,924.00$ 139 Pediatric IV Board (9”)EA 30 No Bid 0.32$ 0.42$ 0.71$ 0.92$ No Bid Sheet No Bid 0.29$ **8.70$ 140 Pediatric Traction Splint, Ferno SP443 EA 25 465.85$ 403.35$ **415.15$ 515.17$ No Bid Sheet No Bid 461.81$ **10,083.75$ 141 Pen Light EA 300 4.44$ 0.63$ 0.70$ 0.72$ 1.72$ No Bid Sheet No Bid 0.98$ **189.00$ 142 Pre-filled Saline Flushes, 10ml EA 57,000 No Bid No Bid 0.40$ 0.31$ 0.90$ No Bid Sheet No Bid 0.29$ **16,530.00$ Page 12 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 143 Probe Covers, B. Braun Thermoscan PC20 – 200 per box BX 150 No Bid 16.27$ 15.24$ 14.60$ 18.14$ No Bid Sheet No Bid 17.11$ **2,190.00$ 144 Pulse Oximeter, (reusable), part #7088 EA 300 28.31$ 17.80$ 29.00$ 26.88$ No Bid No Bid Sheet No Bid 28.05$ **5,340.00$ 145 Pulse Oximeter, Pediatric, (reusable), part #7090 EA 240 No Bid 35.12$ 32.45$ 36.88$ No Bid No Bid Sheet No Bid 43.49$ **7,788.00$ 146 Ring Cutter EA 90 5.97$ 4.52$ 5.89$ 4.25$ 38.18$ No Bid Sheet No Bid 56.50$ **382.50$ 147 SAM Splint, Sensi- Wrap, 36”, 2x5yd EA 900 8.68$ 4.18$ 4.14$ 7.38$ 9.85$ No Bid Sheet No Bid 10.12$ **3,726.00$ 148 Scoop Stretcher Ferno SW065MB EA 25 471.66$ 503.00$ 468.52$ 560.97$ No Bid No Bid Sheet No Bid 540.44$ **11,713.00$ 149 Sharps Container, Large, 5.4qt, (5.1L), part # 305551 900 6.96$ 7.01$ 7.00$ 5.44$ 7.81$ No Bid Sheet No Bid 2.82$ **2,538.00$ 150 Sharps Container, Small, 16oz, part #8900SA EA 300 2.15$ 1.79$ 2.25$ 2.11$ 2.63$ No Bid Sheet No Bid 1.13$ **339.00$ 151 Silver Swaddler EA 210 No Bid 2.06$ 4.86$ 2.18$ 7.62$ No Bid Sheet No Bid 0.62$ **130.20$ 152 Soft Stretchers Graham Megamovers, large EA 40 No Bid 24.11$ 17.70$ 18.39$ 24.01$ No Bid Sheet No Bid 17.77$ **708.00$ 153 Sterile Wound Cleanser, 7.4oz.EA 990 6.67$ 5.90$ 7.67$ 5.74$ 6.87$ No Bid Sheet No Bid 4.88$ **4,831.20$ 154 Stethoscope EA 180 5.97$ 4.04$ 31.04$ 2.26$ 13.73$ No Bid Sheet No Bid 4.00$ **406.80$ 155 Stylet, Adult, 14fr/ch 4.7mm EA 390 No Bid 0.99$ 2.00$ 1.50$ 2.06$ No Bid Sheet No Bid 1.53$ **386.10$ Page 13 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 156 Stylet, Pedi, 6fr EA 150 No Bid 0.99$ 3.10$ 1.50$ 2.06$ No Bid Sheet No Bid 1.57$ **148.50$ 157 Suction Canister, Green, 1,200CC EA 330 No Bid 2.63$ 2.76$ 2.84$ 3.61$ No Bid Sheet No Bid 2.23$ **735.90$ 158 Suction Canister, Red, 800 CC EA 390 No Bid 2.22$ 3.25$ 2.46$ 3.14$ No Bid Sheet No Bid 2.58$ **865.80$ 159 Suction Tubing EA 750 No Bid 0.93$ 0.61$ 0.65$ 4.25$ No Bid Sheet No Bid 0.62$ **457.50$ 160 Syringe, 10ml, Luer Lock EA 2,400 No Bid 0.07$ 0.07$ 0.61$ 0.13$ No Bid Sheet No Bid 0.09$ **168.00$ 161 Syringe, 1ml, Luer Lock EA 1,500 No Bid 0.12$ 0.12$ 0.07$ 0.10$ No Bid Sheet No Bid 0.05$ **75.00$ 162 Syringe, 3ml, Luer Lock EA 4,500 No Bid 0.05$ 0.06$ 0.05$ 0.06$ No Bid Sheet No Bid 0.05$ **225.00$ 163 Syringe, 60ml, Luer Lock EA 420 No Bid 0.41$ 0.50$ 0.37$ 0.51$ No Bid Sheet No Bid 0.35$ **147.00$ 164 Thermometer Cover – 200 per box (for Braun – tympanic)BX 1,200 No Bid 16.27$ 25.00$ 6.10$ 18.14$ No Bid Sheet No Bid No Bid **7,320.00$ 165 Tongue Depressors (sterile) EA 210 3.14$ 0.03$ 0.03$ 0.05$ 0.06$ No Bid Sheet No Bid No Bid **6.30$ 166 Tourniquet (CAT type)EA 150 No Bid 22.27$ 21.39$ 0.07$ 29.81$ No Bid Sheet No Bid 0.36$ **9.75$ 167 Trauma Shears EA 375 0.71$ 0.67$ 0.81$ 0.70$ 1.76$ No Bid Sheet No Bid 1.14$ **251.25$ 168 Triangular Bandages – 240 per box, 36 x 36 x 51 inches or (91.4 x 91.4 x 129.5cm)BX 1,500 **79.07$ 73.70$ 43.20$ 94.08$ No Bid Sheet No Bid 66.23$ **64,800.00$ Page 14 of 15 MEDCO Quadmed, Inc. Life-Assist, Inc. Henry Schein, Inc. NAO Global Health, LLC BoundTree Medical, LLC Performance Safety Group Medline Industries, Inc. ZOLL Medical Group ** Item Description UNIT QTY Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Totals: 169 Vaseline Gauze – 50 per box, 3”x9”BX 600 **21.80$ 33.00$ 30.90$ 48.41$ No Bid Sheet No Bid 36.35$ **13,080.00$ 170 Virex Spray Bottle, 1 quart EA 120 No Bid No Bid 12.45$ 6.03$ 7.20$ No Bid Sheet No Bid 2.69$ **322.80$ 171 Wype-All EA 1,050 No Bid No Bid 0.08$ 0.04$ 0.21$ No Bid Sheet No Bid 0.13$ **42.00$ 172 Yankaur Tip EA 600 No Bid 0.37$ 0.39$ 0.35$ 0.70$ No Bid Sheet No Bid No Bid **210.00$ 173 Adult Bougie Tracheal Tube (not coiled) - 15 FR, Sun Med EA 45 No Bid 6.56$ 6.50$ 5.22$ 7.67$ No Bid Sheet No Bid No Bid **234.90$ * Observed tiebreaking coin tossing used to determine firm being awarded ** Firm Deemed Non-Responsive *** Due to COVID-19 emergency items not available - will be rebid at a later time Page 15 of 15 Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 2664 Medical Supplies for CCFD THIS Medical Supplies for CCFD Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Bound Tree Medical, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Medical Supplies for CCFD in response to Request for Bid No. 2664 (“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 Medical Supplies for CCFD 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. This Agreement is for three years. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $414,500.00, 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. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Department: Fire Department Phone: 361-826-8424 Email: PatrickGa@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. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Title: Fire Captain Address: 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Email: PatrickGa@cctexas.com IF TO CONTRACTOR: Bound Tree Medical, LLC Attn: Rhiannon Greene Title: Vice President, MIS Address: 5000 Tuttle Crossing Boulevard, Dublin, Ohio 43016 Phone: 1-800-533-0523 Email: submitbids@boundtree.com 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 5 of 7 Approved as to Legal Form March 9, 2020 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 Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B)Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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 6 of 7 Approved as to Legal Form March 9, 2020 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. (SIGNATURE PAGE FOLLOWS) CONTRACTORSignatu_____________________PrintedName:RhiannonGreeneTitle:SeniorVicePresident,PricingDate:6/9/2020CITYOFCORPUSCHRISTIKimBakerDirectorofContractsandProcurementDate:_________________________AttachedandIncorporatedbyReference:AttachmentA:ScopeofWorkAttachmentB:Bid/PricingScheduleAttachmentC:InsuranceRequirementsAttachmentD:WarrantyRequirementsIncorporatedbyReferenceOnly:Exhibit1:RFBNo.2664Exhibit2:Contractor’sBidResponseSupplyAgreementStandardFormPage7of7ApprovedastoLegalFormMarch9,2020 Page 1 of 3 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide medical supplies for the Corpus Christi Fire Department (CCFD), EMS Division for a term of three-years. Scope of Work A. The Contractor shall provide the medical supplies as outlined below on an as needed basis: (Nonconsecutive line item numbers reflected below, due to multiple Supplier awards) Item Description 1 #14 or #18 Fr. Catheter 2 #5 or #6 Fr. Catheter 3 #6 or #8 Fr. Catheter 6 100ml N/S Bag – per bag 7 15gtt Drip Set (maxi) (B. Braun or similar) 8 16g Jelco, ProtectIV Plus I.V. catheter, part #3062 10 18g Jelco, ProtectIV Plus I.V. catheter, part #3065 13 20g Jelco, ProtectIV Plus I.V. catheter 15 22g Jelco, ProtectIV Plus I.V. catheter, part #3060 16 24g Jelco, ProtectIV Plus I.V. catheter, part #3063 19 4x4 Trays (10 per tray) 24 Adult Traction Splint, Ferno SP444 (reusable) 28 Alcohol Bottle, 16 oz. 32 B/P Cuff, Adult (complete unit) 33 B/P Cuff, Infant (complete unit) 34 B/P Cuff, Pedi (complete unit) 35 B/P Cuff, Adult Large (complete unit) 36 B/P Cuff, Thigh (complete unit) 38 Band aids-Pediatric – 1 box (50 per box) 41 Blankets (cold weather) – disposable – 66”x90” 50 C-Collar adjustable, Pediatric, Laerdal 53 Cold Packs (6”x9”) 64 ET Tube, 3.0 (Uncuffed, with stylet) 65 ET Tube, 3.5 (Uncuffed, with stylet) Page 2 of 3 Item Description 66 ET Tube, 4.0 (Uncuffed, with stylet) 67 ET Tube, 6.0 (Cuffed, without stylet) 68 ET Tube, 7.0 (Cuffed, without stylet) 69 ET Tube, 7.5 (Cuffed, without stylet) 70 ET Tube, 8.0 (Cuffed, without stylet) 71 ET Tube, 8.5 (Cuffed, without stylet) 72 ET Tube, 9.0 (Cuffed, without stylet) 76 Fitted EMS Sheets 1 cs=50 per case, 30” width by 72” length, 4” poly-film 86 Hand Suction Refill for Ambu Res-Cue Pump 87 Hands Free CPR Pads (Zoll) – Adult – 12 per case 89 Head Block Tape (Duct tape) 90 Head Blocks 91 Hot Packs (5”x9”) 95 Isolair Masks 98 KED Ferno SW101 99 Kerlix – 100 per case, sterile, 4.5”x4.1yd (11.4 cm X 3.7 m) B. The Contractor shall deliver supplies to the CCFD Warehouse located at 1501 Holly Road, Corpus Christi, TX 78417. C. The Contractor shall deliver supplies Monday – Friday, 8:00 am to 5:00 pm. D. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. E. Supplies are a generic brand, unless specified. There will not be exceptions or alternates for specified branded supplies. F. The Contractor shall ship supplies with an expiration date of no less than one year. G. Any product found defective, unusable or inoperable to the condition, The Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. Contractor must arrange for the return shipment of damaged products. H. The Contractor shall deliver in-stock supplies within five to seven days. No backorders will be accepted. I. The Contractor shall provide a bill of sale upon delivery. Page 3 of 3 J. The Contractor shall provide a quarterly report to the Contract Administrator detailing item number, description, number of units purchased. Page 1 of 5 Attachment B – Schedule of Pricing APS Page 2 of 5 APS Page 3 of 5 APS APS Page 4 of 5 Page 5 of 5 APS APS Attachment C: Insurance and Bond Requirements No insurance or bond is required for this service agreement; therefore, Section 5 Insurance; Bonds, subsection (A) and (B) are null and void. Attachment D: Warranty Requirements Product Warranty is not required for this service agreement; therefore, Section 8 Warranty, subsections (A) and (B) are null and void. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3100 Medical Supplies for CCFD THIS Medical Supplies for CCFD Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Henry Schein, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Medical Supplies for CCFD in response to Request for Bid No. 2664 (“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 Medical Supplies for CCFD 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. This Agreement is for three years. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $244,800.00, 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. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Department: Fire Department Phone: 361-826-8424 Email: PatrickGa@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. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Title: Fire Captain Address: 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Email: PatrickGa@cctexas.com IF TO CONTRACTOR: Henry Schein, Inc. Attn: Jeff Klingler Title: Vice President, Enterprise Health Address: 135 Duryea Road, Melville, New York 11747 Phone: 631-842-5500 Email: EMSBIDS@henryschein.com 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 5 of 7 Approved as to Legal Form March 9, 2020 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 Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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 6 of 7 Approved as to Legal Form March 9, 2020 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. (SIGNATURE PAGE FOLLOWS) Page 1 of 2 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide medical supplies for the Corpus Christi Fire Department (CCFD), EMS Division for a term of three-years. Scope of Work A. The Contractor shall provide the medical supplies as outlined below on an as needed basis: (Nonconsecutive line item numbers reflected below, due to multiple Supplier awards) Item Description 5 1000ml N/S Bag – per bag 9 18g Draw Needle 14 21g or 22g Hypo Needles (IM) 20 500ml N/S Bag – per bag 29 Alcohol Preps – 200 per box 31 Antiseptic Wipes – 12 tubs per case, Sani-cloth, 160 per tube 37 Band aids-Adult – 1 box (100 per box) 44 Burn Sheets (sterile) 51 Chest Decompression Kit, 14 gauge by 5.25”, 2.1x133mm 60 Electrodes (Zoll) Pedi – 3 per pouch 75 Eye Wash, 4oz. 82 Glucometer Lancets (23 gauge) 92 Hydrogen Peroxide Bottle, 8oz – 32oz 93 Infant O2 Mask 94 I-Pads “Needle-free valves” 103 Laryngoscope Handle, Medium (reusable) 104 Laryngoscope Handle, Small (reusable) 105 Laryngoscope Handle, Standard (reusable) 109 Mask w/eye protection – 25 per box 111 Medication Labels, red, permanent, 2 ½” x 1 ½”, (pack of 1,000 per roll) 113 N-95 Masks, molded 120 Nebulizer Mask, Adult 121 Nebulizer Mask, Pedi 125 O2 Regulator “K” cylinder Page 2 of 2 Item Description 129 Oral Airway 40mm 130 Oral Airway 50mm 131 Oral Airway 60mm 135 Padded Splint – Small, wood 143 Probe Covers, B. Braun Thermoscan PC20 – 200 per box 146 Ring Cutter 154 Stethoscope 164 Thermometer Cover – 200 per box (for Braun – tympanic) 166 Tourniquet (CAT type) 168 Triangular Bandages – 240 per box, 36 x 36 x 51 inches or (91.4 x 91.4 x 129.5cm) 171 Wype-All 172 Yankaur Tip 173 Adult Bougie Tracheal Tube (not coiled) - 15 FR, Sun Med B. The Contractor shall deliver supplies to the CCFD Warehouse located at 1501 Holly Road, Corpus Christi, TX 78417. C. The Contractor shall deliver supplies Monday – Friday, 8:00 am to 5:00 pm. D. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. E. Supplies are a generic brand, unless specified. There will not be exceptions or alternates for specified branded supplies. F. The Contractor shall ship supplies with an expiration date of no less than one year. G. Any product found defective, unusable or inoperable to the condition, The Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. Contractor must arrange for the return shipment of damaged products. H. The Contractor shall deliver in-stock supplies within five to seven days. No backorders will be accepted. I. The Contractor shall provide a bill of sale upon delivery. J. The Contractor shall provide a quarterly report to the Contract Administrator detailing item number, description, number of units purchased. Page 1 of 8 Attachment B – Schedule of Pricing Page 2 of 8 Page 3 of 8 Page 4 of 8 Page 5 of 8 Page 6 of 8 Page 7 of 8 Page 8 of 8 Attachment C: Insurance and Bond Requirements No insurance or bond is required for this service agreement; therefore, Section 5 Insurance; Bonds, subsection (A) and (B) are null and void. Attachment D: Warranty Requirements Product Warranty is not required for this service agreement; therefore, Section 8 Warranty, subsections (A) and (B) are null and void. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3101 Medical Supplies for CCFD THIS Medical Supplies for CCFD Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Life-Assist, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Medical Supplies for CCFD in response to Request for Bid No. 2664 (“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 Medical Supplies for CCFD 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. This Agreement is for three years. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $92,800.00, 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. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Department: Fire Department Phone: 361-826-8424 Email: PatrickGa@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. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Title: Fire Captain Address: 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Email: PatrickGa@cctexas.com IF TO CONTRACTOR: Life-Assist, Inc. Attn: Cherie Prior Title: Vice President Address: 11277 Sunrise Park Drive, Rancho Cordova, California 95742 Phone: 1-800-824-6016 Email: quotes@life-assist.com 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 5 of 7 Approved as to Legal Form March 9, 2020 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 Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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 6 of 7 Approved as to Legal Form March 9, 2020 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and 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. 2664 Exhibit 2: Contractor’s Bid Response Chris Nelson 6/10/2020 Contracts Assistant Manager Page 1 of 2 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide medical supplies for the Corpus Christi Fire Department (CCFD), EMS Division for a term of three-years. Scope of Work A. The Contractor shall provide the medical supplies as outlined below on an as needed basis: (Nonconsecutive line item numbers reflected below, due to multiple Supplier awards) Item Description 49 C-Collar adjustable, Adult, Laerdal 57 Distilled Water – gallon 59 Electrodes (Zoll) Adult – 6 pk 61 Electrodes (Zoll)Adult – 4 pk 62 ET Tube Holder, Adult, Laerdal, Thomas Tube Holder, part # 600-10000 (or comparable) 63 ET Tube Holder, Pedi, Thomas Tube Holder, part # 600-20000 (or comparable) 88 Hands Free CPR Pads (Zoll) – Pedi 107 Magill Forceps, Large 108 Magill Forceps, Small 114 Nasal Cannula (non-flared) 115 Nasopharyngeal Airways-Sz 28fr box of 10 116 Nasopharyngeal Airways-Sz 20fr box of 10 117 Nasopharyngeal Airways-Sz 24fr box of 10 118 Nasopharyngeal Airways-Sz 32fr Box of 10 119 Nasopharyngeal Airways-Sz 36fr Box of 10 122 Nebulizer, Micro Mist w/ tee, 7ft. star lumen tubing, mouthpiece and reservoir including a universal oxygen connector 145 Pulse Oximeter, Pediatric, (reusable), part #7090 147 SAM Splint, Sensi-Wrap, 36”, 2x5yd 148 Scoop Stretcher Ferno SW065MB 152 Soft Stretchers Graham Megamovers, large 159 Suction Tubing 165 Tongue Depressors (sterile) Page 1 of 8 Attachment B – Schedule of Pricing Page 2 of 8 Page 3 of 8 Page 4 of 8 Page 5 of 8 Page 6 of 8 Page 7 of 8 Page 8 of 8 Page 2 of 2 B. The Contractor shall deliver supplies to the CCFD Warehouse located at 1501 Holly Road, Corpus Christi, TX 78417. C. The Contractor shall deliver supplies Monday – Friday, 8:00 am to 5:00 pm. D. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. E. Supplies are a generic brand, unless specified. There will not be exceptions or alternates for specified branded supplies. F. The Contractor shall ship supplies with an expiration date of no less than one year. G. Any product found defective, unusable or inoperable to the condition, The Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. Contractor must arrange for the return shipment of damaged products. H. The Contractor shall deliver in-stock supplies within five to seven days. No backorders will be accepted. I. The Contractor shall provide a bill of sale upon delivery. J. The Contractor shall provide a quarterly report to the Contract Administrator detailing item number, description, number of units purchased. Attachment C: Insurance and Bond Requirements No insurance or bond is required for this service agreement; therefore, Section 5 Insurance; Bonds, subsection (A) and (B) are null and void. Attachment D: Warranty Requirements Product Warranty is not required for this service agreement; therefore, Section 8 Warranty, subsections (A) and (B) are null and void. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3102 Medical Supplies for CCFD THIS Medical Supplies for CCFD Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Medline Industries, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Medical Supplies for CCFD in response to Request for Bid No. 2664 (“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 Medical Supplies for CCFD 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. This Agreement is for three years. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $147,700.00, 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. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Department: Fire Department Phone: 361-826-8424 Email: PatrickGa@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. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Title: Fire Captain Address: 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Email: PatrickGa@cctexas.com IF TO CONTRACTOR: Medline Industries, Inc. Attn: Chris Powers Title: Vice President of Government Address: 3 Lakes Drive, Northfield, Illinois 60093 Phone: 1-866-212-2822 Email: govbids@medline.com 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 5 of 7 Approved as to Legal Form March 9, 2020 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 Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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 6 of 7 Approved as to Legal Form March 9, 2020 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and 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. 2664 Exhibit 2: Contractor’s Bid Response Chris Powers VP of Government Sales 6-9-2020 Page 1 of 2 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide medical supplies for the Corpus Christi Fire Department (CCFD), EMS Division for a term of three-years. Scope of Work A. The Contractor shall provide the medical supplies as outlined below on an as needed basis: (Nonconsecutive line item numbers reflected below, due to multiple Supplier awards) Item Description 4 1” Transpore Tape 11 2” Cloth Tape (sterile) 17 2x2 Singles – 2 pk at 50 per box (8-PLY) 21 6’ Backboard w/ pins, reusable, and three straps per board 23 Abdominal Sterile Dressing 39 Biohazard Bag-Small - 24”x30” 40 Bio-hoop bags (emesis) – 12 per pack 43 Bulb Syringe, 2oz. 54 CPAP Mask, Large (blue), whole CPAP device, disposable, O-Two CPAP system, “open circuit”, part # 01CV0211-cs 55 CPAP Mask, Medium (red), whole CPAP device, disposable, O-Two CPAP system, “open circuit”, part # 01cv0212-cs 56 CPAP Mask, Small (green), Whole CPAP device, disposable, O-Two CPAP system, “open circuit”, part # 01cv0213-cs 77 Flat EMS Sheets 1 cs=50 per case 83 Glucometer Strips – 50 per box, Microdot 84 Glucometer Test Solutions, Microdot 97 IV Start Packs – per pack, tie off (rubber band) tape that is 2x2 gauge 112 Multi-Trauma Dressing 124 O2 Regulator “D” cylinder 126 O2 Wrench (D-Cylinder) - metal 134 Padded Splint – Medium, wood 136 Padded Splint long – Large, wood 137 Pedi O2 Mask 139 Pediatric IV Board (9”) Page 2 of 2 Item Description 142 Pre-filled Saline Flushes, 10ml 149 Sharps Container, Large, 5.4qt, (5.1L), part # 305551 150 Sharps Container, Small, 16oz, part #8900SA 151 Silver Swaddler 153 Sterile Wound Cleanser, 7.4oz. 157 Suction Canister, Green, 1,200CC 161 Syringe, 1ml, Luer Lock 163 Syringe, 60ml, Luer Lock 170 Virex Spray Bottle, 1 quart B. The Contractor shall deliver supplies to the CCFD Warehouse located at 1501 Holly Road, Corpus Christi, TX 78417. C. The Contractor shall deliver supplies Monday – Friday, 8:00 am to 5:00 pm. D. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. E. Supplies are a generic brand, unless specified. There will not be exceptions or alternates for specified branded supplies. F. The Contractor shall ship supplies with an expiration date of no less than one year. G. Any product found defective, unusable or inoperable to the condition, The Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. Contractor must arrange for the return shipment of damaged products. H. The Contractor shall deliver in-stock supplies within five to seven days. No backorders will be accepted. I. The Contractor shall provide a bill of sale upon delivery. J. The Contractor shall provide a quarterly report to the Contract Administrator detailing item number, description, number of units purchased. Page 1 of 8 Attachment B – Schedule of Pricing Page 2 of 8 Page 3 of 8 Page 4 of 8 Page 5 of 8 Page 6 of 8 Page 7 of 8 Page 8 of 8 Attachment C: Insurance and Bond Requirements No insurance or bond is required for this service agreement; therefore, Section 5 Insurance; Bonds, subsection (A) and (B) are null and void. Attachment D: Warranty Requirements Product Warranty is not required for this service agreement; therefore, Section 8 Warranty, subsections (A) and (B) are null and void. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3103 Medical Supplies for CCFD THIS Medical Supplies for CCFD Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and QuadMed, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Medical Supplies for CCFD in response to Request for Bid No. 2664 (“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 Medical Supplies for CCFD 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. This Agreement is for three years. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $132,200.00, 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. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Department: Fire Department Phone: 361-826-8424 Email: PatrickGa@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. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Patrick Garcia Title: Fire Captain Address: 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Email: PatrickGa@cctexas.com IF TO CONTRACTOR: QuadMed, Inc. Attn: Melinda Langorgen Title: Bid Contract Manager Address: 11210-1 Phillips Industrial Boulevard, Jacksonville, Florida 32256 Phone: 1-800-933-7334 Email: bids@quadmed.com 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 5 of 7 Approved as to Legal Form March 9, 2020 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 Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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 6 of 7 Approved as to Legal Form March 9, 2020 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. (SIGNATURE PAGE FOLLOWS) Page 1 of 3 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide medical supplies for the Corpus Christi Fire Department (CCFD), EMS Division for a term of three-years. Scope of Work A. The Contractor shall provide the medical supplies as outlined below on an as needed basis: (Nonconsecutive line item numbers reflected below, due to multiple Supplier awards) Item Description 12 2” Kling (sterile) 18 4x4 Singles – 2 pk at 50 per box (12-PLY) 22 60gtt Drip Set (mini) – sterile 25 Air Splint (ankle/foot) - disposable 26 Air Splint (full arm) - disposable 27 Air Splint (full leg) – disposable 30 Ammonia Capsules – 10 per box 42 Child Bougie Tracheal Tube (not coiled) – 10FR, Dynarex 45 BVM-adult, w/ O2 reservoir, no peep or manometer 46 BVM-Infant, w/ O2 reservoir, peep needed, manometer not required 47 BVM-Pedi, w/ O2 reservoir, peep needed, manometer not required 48 Capnography (Zoll) (etco2 filterline), Oridion Microstream 52 Coban (4”x5yd) 58 ECG Paper Roll (Zoll) 6 rolls per box 73 ETCO2 Detector, Adult, Covidien Nellcor, easy cap II >15kg, part # 191680003 (or comparable) 74 ETCO2 Detector, Pedi, Covidien Nellcor, pedicap – 1kg – 15kg, part # 183300009 (or comparable) 85 Hand Sanitizer, 4 oz. 96 Isolation Kits to include gown, shoe covers, mask w/eye protection, surgical cap (head cover) – per kit 100 King Tube LTS-D Ambu 3 101 King Tube LTS-D Ambu 4 102 King Tube LTS-D Ambu 5 106 MAD, nasal use Page 2 of 3 Item Description 110 Meconium Aspirator 123 NRB Mask 127 OB Kit, including: (2) OB towelettes, (2) umbilical clamps, (2) alcohol prep pads, (2) twist ties, (1) under pad measuring, 23 X 36”, (1) drape sheet measuring 40X60”, (1) placenta bag, (1) set of gloves, (1) bulb syringe, (1) OB pad, (1) scalpel #11, (3) 2-pack sponges measuring 4X4, (4) 3ply towels 128 Oral Airway 100mm 132 Oral Airway 80mm 133 Oral Airway 90mm 138 Pediatric Backboard Ferno SW78 140 Pediatric Traction Splint, Ferno SP443 141 Pen Light 144 Pulse Oximeter, (reusable), part #7088 155 Stylet, Adult, 14fr/ch 4.7mm 156 Stylet, Pedi, 6fr 158 Suction Canister, Red, 800 CC 160 Syringe, 10ml, Luer Lock 162 Syringe, 3ml, Luer Lock 167 Trauma Shears 169 Vaseline Gauze – 50 per box, 3”x9” B. The Contractor shall deliver supplies to the CCFD Warehouse located at 1501 Holly Road, Corpus Christi, TX 78417. C. The Contractor shall deliver supplies Monday – Friday, 8:00 am to 5:00 pm. D. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. E. Supplies are a generic brand, unless specified. There will not be exceptions or alternates for specified branded supplies. F. The Contractor shall ship supplies with an expiration date of no less than one year. G. Any product found defective, unusable or inoperable to the condition, The Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. Contractor must arrange for the return shipment of damaged products. Page 3 of 3 H. The Contractor shall deliver in-stock supplies within five to seven days. No backorders will be accepted. I. The Contractor shall provide a bill of sale upon delivery. J. The Contractor shall provide a quarterly report to the Contract Administrator detailing item number, description, number of units purchased. Page 1 of 8 Attachment B – Schedule of Pricing Page 2 of 8 Page 3 of 8 Page 4 of 8 Page 5 of 8 Page 6 of 8 Page 7 of 8 Page 8 of 8 Attachment C: Insurance and Bond Requirements No insurance or bond is required for this service agreement; therefore, Section 5 Insurance; Bonds, subsection (A) and (B) are null and void. Attachment D: Warranty Requirements Product Warranty is not required for this service agreement; therefore, Section 8 Warranty, subsections (A) and (B) are null and void. DATE: June 23, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Director of Information Technology PeterC@cctexas.com (361) 826-3735 Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing Amendment No. 2 with Aclara Technologies, LLC, for professional services, hardware, and software necessary to upgrade the automa tic meter reading system and provide a customer portal to view utility consumption and history for an amount not to exceed $1,245,250.02, effective upon execution of the amendment, with FY 2020 funding in an amount of $602,431.26 available in the Water Fund and $361,458.76 available in the Gas Fund. SUMMARY: This motion authorizes a second amendment to an existing agreement with Aclara Technologies LLC for AclaraONE and AclaraACE software , upgraded Data Collection hardware and professional services as an enhancement to the current agreements. This software will provide a portal for the City’s utilty customers to login online and view their utility consumption. BACKGROUND AND FINDINGS: The City is currently using Aclara’s NCC STAR which reaches its end of life on December 31, 2020. This application is used for obtaining utility meter readings. Aclara has a new version called AclaraONE which has enhanced reporting features and enables remote Customer Portal to View Utility Consumption and History AGENDA MEMORANDUM Action Item for the City Council Meeting June 23, 2020 management of meters. AclaraONE integrates with AclaraACE which will provide a portal for citizens to login online and view their utility consumption and history. The City entered into a service agreement with Aclara Technologies LLC in 2013 for the software used to monitor and configure devices on the City’s automatic meter reading system. This amendment adjusts the maintenance and software license agreements to include AclaraONE and AclaraACE. The City will be upgrading AclaraONE software, implementing AclaraACE software, and installing upgraded Data Collection Units. The new Data Collection Units provide improved range, two-way communication, on-demand reads, remote management, improved collection reads and require less Data Collection hardware sites to maintain. The Data Collection Units will decrease from 83 to 50. This project is estimated to complete in 8-10 months. This is a sole source purchase. Aclara Technologies, LLC is the sole manufacturer of the AclaraONE and AclaraACE software license. ALTERNATIVES: An alternative would be to continue the u tilization of the current software; however, providing an upgrade would be cost effective to the citizens of Corpus Christi and to the City as they would be able to check water consumption by logging into a portal. FISCAL IMPACT: The fiscal impact in FY 2020 for the Water Department is an amount of $602,431.26 and for Gas Operations is an amount of $361,458.76 for the first year of the two-year agreement with the remaining cost of $281,360.00 to be budgeted in future years through the annual budget process. The Total for this two-year agreement is $1,245,250.02 and can be delineated as follows:  AclaraONE upgrade services, software licenses and training totals $422,260.00  Data Collection Unit installation services, hardware and software totals $483,830.02  AclaraACE implementation services and software licenses totals $339,160.00 Funding Detail: Fund: 4010 Water Fund Organization/Activity: 31510 Maintenance of Water Meters Mission Element: 041 Distribute Water Project # (CIP Only): n/a Account: 520105 Computer Software Cost: $602,431.26 Fund: 4130 Gas Fund Organization/Activity: 34000 Gas Administration Mission Element: 022 Gas Distribution System Project # (CIP Only): n/a Account: 530000 Professional Services Cost: $361,458.76 RECOMMENDATION: Staff recommends approval of this motion authorizing Amendment No. 2 to the existing agreement with Aclara Technologies LLC for AclaraONE and AclaraACE software, Data Collection hardware and professional services for amounts not to exceed $1,245,250.02 effective upon execution of the amendment. LIST OF SUPPORTING DOCUMENTS: Amendment No. 2 Price Sheet Exhibit B - Standard Pricing Schedule Revision Date:2/28/2020 Part Number Qty Unit Price Extended Price Notes 1 INFRASTRUCTURE 1.1 DCU-II+, RF, 1-ch Tx, 8-ch Rx, T-Board, Solar, Verizon LTE 501-9985LTV-S-2A2T-EGW 50 (5,6,7) 1.2 DCU Mounting Hardware, DCU/Antenna Kit, Round Pole, includes Mounting Hardware, Antenna 109-9975-03A 109-9985-STAR-02 070-2574 27 (5,6,7,8) 1.3 DCU Mounting Hardware, DCU II+ Water Tower Mounting Kit, includes Mounting Hardware, Antenna 109-9985-DCU-04 109-9985WT-01 109-9985-STAR-04 070-2590H 13 (5,6,7,8) 1.4 DCU Mounting Hardware, DCU Roof Mount, DCU II+, Complete 109-9985RM-S1-STAR-1X5FT 070-2570-10 10 (5,6,7,8) 1.5 DCU Installation - Pole Mount (Pole < 60ft)504-0001R 27 (9) 1.6 DCU Installation - Water Tower or Rooftop Mount 504-0003 23 (9) Group 1: -$ 2 PROFESSIONAL SERVICES 2.1 Aclara Professional Services - RF Network Analysis, Deployment Support and Validation 1 (10) 2.2 Training - Water 3-day Startup, includes 2 additional days of training to use later on per customer discretion 504-0206 1 (10) 2.3 Training - AclaraONE Basic Operation and Administration 504-3000 1 (10) Group 2: -$ 3 SOFTWARE - INITIAL FEES 3.1 Hosted AclaraONE Software License Fee SW-3010L SW-3020L 152,000 (11) 3.2 Hosted AclaraONE Software License Fee (Credit)SW-3010L SW-3020L 152,000 (11) 3.3 AclaraONE Software Set-Up / Integration Fee SW-3010P SW-3020P 1 3.4 Aclara ACE Software Set-Up / Integration Fee 1 Group 3: -$ 4 Aclara Software fees year one 4.1 AclaraONE Maintenance ASP Fee SW-3010M SW-3020A 152,000 (12,14) 4.2 Hosted Aclara ACE Software ASP Fee SW-5045A SW-5010A 152,000 (12,14) 4.3 Cellular Backhaul Data Plan (Per DCU per year for access to the Aclara Wireless Network for SRFN. Fee includes support, private APN, VPN and 1GB cellular data plan.) NS-AWN-1GBY-E-RF 50 (13,14,15) 4.4 DCU Maintenance Annual Fee 504-0002W 50 (14,15) Group 4: -$ 5 Aclara Software fees year two 5.1 AclaraONE Maintenance ASP Fee SW-3010M SW-3020A 152,000 (12,14) 5.2 Hosted Aclara ACE Software ASP Fee SW-5045A SW-5010A 152,000 (12,14) 5.3 Cellular Backhaul Data Plan (Per DCU per year for access to the Aclara Wireless Network for SRFN. Fee includes support, private APN, VPN and 1GB cellular data plan.) NS-AWN-1GBY-E-RF 50 (13,14,15) 5.4 DCU Maintenance Annual Fee 504-0002W 50 (14,15) Group 5: -$ Subtotal: 1,245,250.02$ Included 1,245,250.02$ (1,2,3,4) Qty/PricingDescription Grand Total: Aclara Pricing for the City of Corpus Christi (TX) Aclara Network and Software - On-Premise Material Handling & Freight: Exhibit B - Standard Pricing Schedule GENERAL 1 The itemized Pricing remains in effect for a period of 120-days from the revision date above. 2 3 4 Total extended price shown excludes any applicable Sales Tax. 5 6 7 8 9 Add $1,000.00 for 1-day Bucket Truck Rental if needed for access. PROFESSIONAL SERVICES 10 SOFTWARE 11 ANNUAL FEES 12 13 14 Annual fees are guaranteed for 2 years only…year 2 annual fees will be $281,360.00 15 Aclara Technologies LLC 469-493-0021 fquintero@aclara.com Any conflicting or additional terms and conditions contained in any resulting purchase order are hereby rejected unless agreed to in writing by Aclara. INFRASTRUCTURE DCU installations and configurations may be a mixture of various mounting styles. A detailed propagation study and site survey is needed to finalize the quantities and types. Pricing adjustments will not be required to accommodate these changes. Based on current DCU Plan. This is an estimate which can change depending on DCU siting. If DCU siting results in the need for quantities above what is defined in this quote, the cost for any additional DCUs and mounting components [mounting components includes cabling], including installation, will be the responsibility of Aclara. Typical standard installation rate (pole and roof mount) is 3 to 5 units per day. DCU mounting kits include standard cabling (Pole – 2x20’, Tower 2x150’, Roof - 10'), additional cabling to be priced upon mounting requirements. Total extended price shown excludes DCU mounting structures (e.g. poles, installation of poles) and site acquisition costs. Assumed Cellular Provider is Verizon, alternate Cellular Providers can be discussed, but may impact pricing. Pricing is confidential and proprietary and is governed by the confidentiality requirements of the Master Agreement. http://www.aclara.com/terms-and-conditions/ The itemized pricing shown is based on quantities and schedules proposed herein; any changes may result in a pricing adjustment. Stand-alone pricing for each line item may be provided upon request. Fred Quintero Annual fee includes base-level support and software license maintenance. All travel expenses are included in these costs. Two additional training days may be used for as onsite training or remotely depending on Client preference so long as the days are used within the Initial Term AclaraONE ASP configuration based on total system size of (152,000 total endpoints) endpoints. Final AclaraONE ASP configuration will be determined by working in conjunction with IT staff at the beginning of each contract year and pricing adjusted accordingly for that year. If DCU siting results in the need for quantities above what is defined in this quote, the cost for Cellular Backhaul Data Plan and DCU Maintenance Annual Fee will be the responsibility of the City of Corpus Christi, TX. Pricing for each item as defined in this quote will be honored. DATE: July 14, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a one-year service agreement with Great South Texas Corp dba Computer Solutions in an amount of $85,146.87 for the maintenance renewal for Cisco Smartnet for support for a hardware and software network infrastructure upgrade , effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $85,146.87 available in the information Technology Fund. SUMMARY: This motion authorizes a service agreement with Great South Texas Corp dba Computer Solutions for the maintenance renewal of Cisco Smartnet for Information Technology Department (IT). This maintenance renewal will provide the necessary support for the City’s core network equipment. This renewal is being procured through the Department of Information Resources (DIR) Cooperative at a saving of $16,218.45 to the City. BACKGROUND AND FINDINGS: Hardware and software support are required to maintain updates for network equipment that includes security, software and hardware updates and support services for critical network infrastructure. The Cisco Smartnet renewal will ensure that the City of Corpus Christi has support for the core network equipment located at City Hall, Police Department, Fleet Services, Holly Pump Station, Flour Bluff water tower, Frost Building Emergency Operation Center, and the O.N. Stevens Water Plant. Only critical equipment has been identified for maintenance that requires 24 hours, seven days a week support. Cisco Smartnet Maintenance Renewal Service Agreement AGENDA MEMORANDUM Action Item for the City Council Meeting July 14, 2020 The IT Department reached out to the Contracts and Procurement Department to issue a contract through the DIR Cooperative. Contracts awarded through the DIR Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be not to have the renewal maintenance and risk the critical equipment with the City not supported. FISCAL IMPACT: The fiscal impact for Information Technology Department in FY 2020 is an amount not to exceed $85,146.87 for a one-year agreement. FUNDING DETAIL: Fund: 5210 Info Tech Organization/Activity: 40430 IT Network Services Mission Element: 241 Prvd Support Technology Infrastructure Project # (CIP Only): n/a Account: 530230 Equipment Maintenance RECOMMENDATION: Staff recommends approval of this motion authorizing a one -year service agreement with Great South Texas Corp dba Computer Solutions. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Sr. Buyer: Minerva Alvarado Item Description Quantity UOM Unit Price Total 1 CCWR SmartNet 1 EA $85,146.87 $85,146.87 $85,146.87Total Great South Texas Corp dba Computer Solutions San Antonio, TX Price Sheet Cisco SmartNet DIR-TSO-4167 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 85896 Cisco Smartnet Network Equipment Support & Maintenance THIS Cisco Smartnet Network Equipment Support & Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Great South Texas Corp dba Computer Solutions (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Cisco Smartnet Network Equipment Support & Maintenance in response to Request for Bid/Proposal No. DIR-TSO-4167 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Cisco Smartnet Network Equipment Support & Maintenance (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $85,146.87, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. 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. DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 Invoices will 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: Javier Trevino Information Technology Department 361-826-3764 javiert@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 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. DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 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: Javier Trevino IT Security Manager 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3764 Fax: n/a IF TO CONTRACTOR: Great South Texas Corp dba Computer Solutions Attn: David Jones DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 Inside Sales Representative 814 Arion Parkway, Suite 101, San Antonio, TX 78216 Phone: 210-369-0300 Fax: 210-369-0389 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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. DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 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. CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. DIR-TSO-4167 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 David Jones Inside Sales Associate 6/16/2020 Attachment A: Scope of Work Project Name: Cisco Smartnet Network Equipment Support and Maintenance 1. The Contractor shall provide hardware and software warranty for Cisco network related devices located throughout the City. 2. The Contractor shall troubleshoot non-working devices and provide a replacement when necessary. 3. Replacement parts shall be delivered to: 1201 Leopard St., Corpus Christi, TX 78401 DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 ' I � � COrtiPUtiE!r' I(' � � Solubtons ...v-- Great South Texas Corp dba Computer Solutions 814 Arion Parkway, Suite 101 San Antonio, Texas 78216 United States http://www.comsoltx.com (P) (210) 369-0300 (F) 210-369-0389 (lUSINHS. TECUNHlLOGY. ltWOVATION Customer City of Corpus Christi (16975) Carlos, Alan 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-3740 Customer PO: Special Instructions: Bill To City of Corpus Christi Accounts, Payables 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-4091 (F) 361-826-4551 Ship To City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-3740 Terms: Net 30 Days ��:�rt:8:i��!�-,-i-:��;;:�;�,;ii!=!;;!t;::r:i:� Date '"'°�f��t��'1,���!�¥!��frl Mar 08, 2020 07:56 I DatePM CDT 07/23/2020 Modified Date .;c May 25, 2020 02:00 PM CDT "'· Doc# ' 1022383 -rev 3 of 3 I Description (Y Cisco Smartnet 2020 Renewal I SalesRep . Jones, David ' (P) 210-369-0318 . : (F) 210-369-0389 I�.-. Customer Contact �1 Carlos, Alan � (P) 361-826-3782 Contract Programs: Cisco DIR-TS0-4167 Expires 07/03/2020 -Cisco Certifications: WBE/SBE/HUB-# 1942650013800 Exp: 04/26/2022 Sales Order Type: Drop Ship -Ship to customers location Ship Via: Fed Ex Ground Carrier Account#: 1 CCWR Smartnet Quote# 461074723 CISCO_SMARTNET $101,365.32 1 $85,146.87 $85,146.87 See Xis "v3_CoCC_CiscoSmartnet2020_5.25.20" Reference Document Note: Cisco DIR-TS0-4167 Contract -16% Discount Notes Cisco DIR-TS0-4167 TX DIR Contract Expiration: 7/3/2020 Vendor ID: 1942650013800 (Great South Texas Corp dba Computer Solutions) HUB/ SBE / WBE Co. Certifications J Expire 4/26/2022 Thank you for the opportunity to provide this quote. Subtotal: Tax (0.000%): Shipping: Total: (List Price: $85,146.87 $0.00 $0.00 $85,146.87 $101,365.32) Attachment B: Bid/Pricing Schedule Page 1 of 1 DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 Attachment C: Insurance and Bond Requirements No insurance or bond are required for this service agreement; therefore, Section 5, Insurance; Bonds, subsection 5(A) and 5(B) are null and void. Page 1 of 1 DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 Attachment D: Warranty Requirements Warranty is not required for this service agreement; therefore, Section 8, Warranty, subsection 8(A) and 8(B) are null and void. Page 1 of 1 DocuSign Envelope ID: FBDBB601-44AE-49BB-98F6-429DFEE810E5 DATE: June 23, 2020 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of five light duty pickup trucks from Silsbee Ford in an amount of $203,525.00, for the Gas Operations Department, effective upon issuance of a notice of acceptance, with FY 2020 funding in an amount of $203,525.00 available in the Gas Fund. SUMMARY: This motion authorizes a purchase of five light duty pickup trucks from Silsbee Ford through GoodBuy Cooperative in an amount of $203,525.00. The pickup trucks will be used by staff in the Construction and the Maintenance Divisions of Gas Operations to perform their work assignments. Three of the five trucks will be replacements, and two will be additions to the department’s fleet. BACKGROUND AND FINDINGS: The Gas Operations Department has an operational need for these light duty pickup trucks in order to perform various duties in a more efficient and timely manner when responding to the needs of citizens. Additionally, the trucks are used to transport tools, equipment and pull small trailers to and from job sites. The trucks are 2020 Ford F-150’s, with extended cabs; two have trailer brake controllers and trailer tow packages; and, one has spray in bedliner and accessories. This procurement is through the GoodBuy Cooperative. Contracts awarded through the GoodBuy Cooperative have been competitively procured in compliance with Texas Local Purchase of Five Light Duty Pickup Trucks for Gas Operations AGENDA MEMORANDUM Action for the City Council Meeting of July 14, 2020 and State procurement requirements. ALTERNATIVES: An alternative is to rent these trucks as needed. However, this would result in less construction work and slower response to emergency repairs, therefore, creating a loss of service to City customers if these types of trucks are not readily available. FISCAL IMPACT: The fiscal impact for Gas Operations in FY 2020 is an amount of $203,525.00 for the purchase of five light duty trucks to be used by staff of the Gas Operations Department as planned and approved through the annual budget process . FUNDING DETAIL: Fund: 4130 Gas Fund Organization/Activity: 34130 Gas Construction Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $164,972.50 Fund: 4130 Gas Fund Organization/Activity: 34120 Gas Pressure and Measurement Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $38,552.50 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase with Silsbee Ford for five light duty pickup trucks as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Contracts and Procurement Senior Buyer: Cynthia Perez Vehicles ITEM Description Quantity Unit Cost Total Cost 1 2020 Ford F-150 Extended Cab 2 each 38,552.50$ 77,105.00$ 2 2020 Ford F-150 Extended Cab with trailer brake controller and trailer tow 2 each 42,278.00$ 84,556.00$ 3 2020 Ford F-150 Extended Cab with spray in bedliner and accessories 1 each 41,864.00$ 41,864.00$ $203,525.00 Silsbee Ford Silsbee Texas Total Price Sheet Five Trucks for Gas Department GoodBuy Contract 20-8F000 DATE: July 14, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement with Rush Truck Centers of Texas, LP, for a total amount not to exceed $2,619,000.00, for off-site repairs to Peterbilt vehicles and equipment for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $218,250.00 available in the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a three-year service agreement for off-site repairs to City owned Peterbilt vehicles and equipment. These services are necessary to keep our fleet running so that the departments may accomplish their duties. Repairs such as engine repairs, computer repairs, body work, suspension and drivelines are also performed on an as needed basis. BACKGROUND AND FINDINGS: The purpose for this service agreement is for off-side repairs to Peterbilt City vehicles and equipment. These services are unique to Peterbilt, Hino, Isuzu and Paccar equipment. The Asset Management utilizes these services to keep City vehicles up and run ning. Currently, Asset Management utilizes these services on an as needed basis. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one responsive, responsible Off-Site Repairs for Peterbilt Vehicles and Equipment AGENDA MEMORANDUM Action Item for the City Council Meeting July 14, 2020 bid. Staff determined the price to be fair and reasonable in comparison to the market in Corpus Christi. Off-site repairs for Peterbilt are yielding the following savings: labor goes from $148.00/hour to $115.00/hour. Parts savings are: 7% on Peterbilt parts and 3% on Cummins parts. These economies represent new pricing when the agreement is approved by Council. Additionally, Hino and Isuzu parts are only sold by this vendor. This vendor is also the only Certified Dealer for Peterbilt, Paccar, Isuzu, and H ino. The City is recommending the award to Rush Truck Centers of Texas, LP. Prior to having this agreement, each individual job order was competitively bid out for pricing which took more time to procure specified product without necessarily having a valued price. ALTERNATIVES: An alternative would be not to secure a long-term supply agreement. However, the Asset Management Department would have to obtain the service of off-site repairs on individual purchase orders on an as needed basis, which would not be as productive. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2020 is $ 218,250.00 for off-site repair to Peterbilt City vehicles and equipment, with the remaining cost of $2,400,750.00 funded in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Services Organization/Activity: 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year agreement with Rush Truck Centers of Texas, LP for repair parts and services as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Contracts and Procurement Senior Buyer: Cynthia Perez Rush Truck Centers of Texas, LP Robstown, Texas 3 Year Qty. 1 Labor Rate for Repairs 12,000 $ 115.00 $ 1,380,000.00 Mark Up %Estimated Spend + Mark Up 18% $ 2,619,000.00 Total Price for 3 Years 2 Unit Price Extended Price Estimated Spend Parts and Materials $1,050,000.00 $ 1,239.000.00 Item Description Bid Tabulation RFB No. 2927 Peterbilt Repairs for Asset Management Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SERVICE AGREEMENT NO. 2927 Peterbilt Repairs THIS Peterbilt Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Rush Truck Centers of Texas, LP (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Peterbilt Repairs in response to Request for Bid/Proposal No. 2927 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Peterbilt Repairs (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $2,619,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 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: Francisco Olvera, Jr. Department: Asset Management Phone: (361) 826-1917 Email: FranciscoO@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form November 11, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own 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. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form November 11, 2019 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 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: Francisco Olvera, Jr. Title: Vehicle & Equipment Admin Inspector Address: 5352 Ayers, Bldg. 3-B, Corpus Christi, Texas 78415 Phone:(361) 826-1917 Fax: (361) 826-4474 IF TO CONTRACTOR: Rush Truck Centers of Texas, LP Attn: T.W. Hedfelt Title: General Manager Address: 3001 UH 69 Access Road, Robstown, Texas 78380 Phone: (361) 726-4943 Fax:(361) 726-4860 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 20. 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. 21. 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. 22.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). 23.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. 24.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. 25.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. 26.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. Revised 11.08.19 Page 17 of 19 Attachment A-Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide repair services to the various equipment mentioned in the Scope of work. 1.2 Service Requirement A. The Contractor shall perform repairs to include but is not limited to, engine, drivetrain, body, electrical, HVAC, suspension, brakes and wheel alignments for Peterbilt, Hino, Isuzu, Paccar equipment and to include other miscellaneous equipment. B. The Contractor shall be ASE or Factory certified. C. The Contractor shall be certified to repair Compressed Natural Gas Vehicles. D. The Contractor shall perform both Electrical and Mechanical diagnostics. E. The Contractor shall provide Original Equipment Manufacturer (OEM) parts. F. The City shall not be responsible for any towing charges for immediate failures after repairs have been completed. 1.3 Lead Time A. The City vehicles repairs shall be priority. The Contractor shall provide same day priority service for City vehicles. This standard shall apply to a full six-day work week, Monday through Saturday, and include items covered under contract as well as non-contract repairs. B. The Contractor shall have four business days to complete what is constituted as a minor repair according to the manufacturer C. The Contractor shall have eight business days to complete what is constituted as a major repair according to the manufacturer. Extension shall require approval from Corpus Christi Asset management. D. The City will tow the inoperative vehicle to the Contractor. The City will notify the Contractor of vehicles being towed and delivered to vendor for repairs. The day the vehicle is received, the Contractor shall send an email to the City of Corpus Christi, Asset Management Department Fleet staff indicating the date the vehicle was received and estimated completion time of service E. The City of Corpus Christi Asset Management will transport operative vehicles to the Contractor. 1.4 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. Revised 11.08.19 Page 18 of 19 1.5 Invoicing The Contractor shall invoice all labor at actual hours worked at the hourly rate shown in the contract. Parts and materials will be allowed at Contractor’s cost- plus allowable markup as shown in the contract. Receipts are required to show the actual cost of the parts and materials before Contractor’s markup. Attachment B - Bid Pricing/ Schedule 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 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1.Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this 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 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 during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-G Contracts for General Services – Services Performed Onsite – Garage Keepers 05/13/2019 Risk Management – Legal Dept. Attachment D - Warranty Requirements A. The Contractor shall warrant materials and workmanship against defects arising from faulty material, faulty workmanship for a period of 12 months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the City. B. Where items or equipment or material carry a manufacturer’s warranty for any period in excess of 12 months, then the manufacturer’s warranty shall apply for that piece of material or equipment. The Contractor shall replace such defective equipment or materials, without cost to the City, within the manufacturer’s warranty period. DATE: July 14, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1919 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year supply agreement with O’Reilly’s for an amount not to exceed $420,000.00 for the purchase of automotive maintenance parts for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $35,000.00 available through the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a three-year supply agreement with O’Reilly’s Auto Parts through the Buy Board Cooperative. This agreement will provide automotive parts stocked by the Asset Management Department for repairs of heavy equipment by Fleet Maintenance Department. BACKGROUND AND FINDINGS: The Asset Management Department utilizes O’Reilly’s automotive parts for the repair and maintenance of associated equipment. These parts are essential and necessary to perform timely repairs. Asset Management performs the majority of vehicle and equipment repairs in-house. Acquisition of these parts is essential to ensure the prosecution of a successful and timely maintenance effort of this equipment. Furthermore, a ready supply of these parts will ensure a continued high operational readiness of heavy equipment. The price list is available at https://rwd.firstcallonline.com. Automotive Maintenance Parts for Asset Management AGENDA MEMORANDUM Action Item for the City Council Meeting July 14, 2020 There was previously no agreement for acquisition of parts. Parts were procured over the counter as needed. Approval of this contract will result in a 41% savings as compared to over the counter list pricing. This procurement is through the Buy Board Cooperative. Contracts awarded through the Buy Board Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be not to secure a long-term supply agreement. However, the Asset Management Department would have to purchase on individual purchase orders the automotive parts on an as needed basis, which would not be as productive. In addition, a long-term agreement will lock-in the cost throughout the term of the contract. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2020 is estimated at $35,000.00 for this three-year supply agreement. The remaining amount of $385,000.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity: 40180 Parts Room Operation Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year supply agreement with O’Reilly’s for the purchase of automotive parts as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement O'Reilly Auto Parts Springfield, Item Equipment Description Total 1 Automotive & Fleet Parts, Batteries, OEM Parts Year 1 140,000.00$ 2 Automotive & Fleet Parts, Batteries, OEM Parts Year 2 140,000.00$ 3 Automotive & Fleet Parts, Batteries, OEM Parts Year 3 140,000.00$ $420,000.00 City of Corpus Christi Contracts & Procurement Senior Buyer: Cynthia Perez Amount not to exceed Price Sheet Auto Parts for Fleet BuyBoard Contract 551-17 41% off list pricing or better 41% off list pricing or better 41% off list pricing or better Discount DATE: July 14, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year supply agreement with Omicron Controls for an amount not to exceed $70,175.60, for the purchase of large water (flow) meters used by the Utilities Department, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $17,550.00 available in the Water Fund. SUMMARY: This motion authorizes a two-year supply agreement with Omicron Controls for large water meters for the Utilities Department. Meters procured under this contract, sized 10” – 24”, are for new commercial and industrial customers, for replacement of existing meters that are nearing the end of their useful life , and to replace meters that are not compatible with the City’s automated meter reading system (AMR). BACKGROUND AND FINDINGS: The City of Corpus Christi currently has a supply agreement with Neptune Technology Group, Inc. of Houston, Texas for various sized water meters. In 2019, however, Neptune Technology stopped manufacturing the large Turbine high performance water meters and the replacement parts, and began providing these products through a third-party vendor. It was discovered during recent efforts to install large meters that the meters provided via the third-party vendor were not compatible with the City’s AMR system. This has resulted in the need to obtain a separate contract for large water meters that are compatible with the City’s AMR system. The Contracts and Procurement Department conducted a competitive RFB process to obtain bids. The City received four responsive, responsible bids. Staff is recommending the award to the lowest, responsible bidder, Omicron Controls. Large Water (Flow) Meters for Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting of July 14, 2020 ALTERNATIVES: The alternative is to initiate individual purchases of meters for new large volume customers and for replacement meters that have been operated to failure. This would lead to unstandardized meters, and would create long lead times that would temporarily reduce the ability to measure the flow of water, resulting in decreased revenue. It would also be more costly as the City would not benefit from the economy of scale offered by this new supply agreement. FISCAL IMPACT: The fiscal impact for the Utilities Department is for an amount not to exceed $17,550.00 for FY 2020, with the remaining cost of $52,625.60 to be budgeted in future years through the annual budget process. Funding Detail: Fund: 4010 Water Organization/Activity: 31510 Maintenance of Water Meters Mission Element: 041 Distribute Water Project # (CIP Only): N/A Account: 520150 Meter/Serv connect RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year Supply Agreement with Omicron Controls, Inc. for large water meters for the Utilities Department. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 10" Ultrasonic or Electromagnetic Flow Meter EACH 2 3,119.40$ 6,238.80$ 4,558.50$ 9,117.00$ 4,614.90$ 9,229.80$ 5,037.07$ 10,074.14$ 2 12" Ultrasonic or Electromagnetic Flow Meter EACH 2 4,377.80$ 8,755.60$ 6,240.00$ 12,480.00$ 5,616.80$ 11,233.60$ 6,107.78$ 12,215.56$ 3 14" Ultrasonic or Electromagnetic Flow Meter EACH 2 5,033.00$ 10,066.00$ 7,015.50$ 14,031.00$ 8,112.52$ 16,225.04$ 7,894.21$ 15,788.42$ 4 16" Ultrasonic or Electromagnetic Flow Meter EACH 2 6,834.00$ 13,668.00$ 7,912.00$ 15,824.00$ 8,988.98$ 17,977.96$ 9,550.64$ 19,101.28$ 5 20" Ultrasonic or Electromagnetic Flow Meter EACH 2 7,417.80$ 14,835.60$ 9,932.00$ 19,864.00$ 11,761.40$ 23,522.81$ 12,179.92$ 24,359.84$ 6 24" Ultrasonic or Electromagnetic Flow Meter EACH 2 8,305.80$ 16,611.60$ 11,130.00$ 22,260.00$ 13,939.02$ 27,878.05$ 14,322.25$ 28,644.50$ Total 70,175.60$ 93,576.00$ 106,067.26$ 110,183.74$ HB Systems Inc #4630 Plano, TX Omicron Controls The Woodlands, TX Secure Vision of America Fentress, TX Titan Pipe & Supply Corpus Christi, TX City of Corpus Christi Sr. Buyer : Cynthia Perez Bid Tabulation RFB No 3012 Large Water Flow Meters for Utilities Contracts and Procurement Department Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3012 Large Water (Flow) Meters THIS Large Water (Flow) Meters Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Omicron Controls, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Large Water (Flow) Meters in response to Request for Bid No. 3012 (“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 Large Water (Flow) Meters 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. This Agreement is for two years. 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 by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $70,175.60, 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. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: JoannaM@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. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Joanna Moreno Title: Contracts Fund/Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1649 Fax: (361) 826-1715 IF TO CONTRACTOR: Omicron Controls, Inc. Attn: Andy Fain Title: Sales Address: P.O. Box 7745 Phone: (281) 363-3951 Fax: (281) 363-3952 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 5 of 7 Approved as to Legal Form March 9, 2020 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 Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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 6 of 7 Approved as to Legal Form March 9, 2020 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and 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. 3012 Exhibit 2: Contractor’s Bid Response Kimberly Wellman Secretary/Treasurer June 5, 2020 Revised 11.08.19 Page 17 of 19 Attachment A - Scope of Work 1.1 General Requirements The Contractor shall supply, ultrasonic or electromagnetic flow meters to be used by the City’s Utilities Department. Flow meters shall conform to all requirements of this specification. Additionally, flow meters shall be compatible with Aclara’s AMR (automated meter reading) System. 1.2 Technical Specifications The Flow Meters delivered under this agreement shall meet the following specifications: Item Specification Pipe Sizes 10”, 12”, 14”, 16”, 20”, 24” Flanges ANSI 150 lb Pressure Minimum 150 PSI Meter Connector 3-Wire Nicor Connector Output AMR Aclara compatible Certifications NSF-61 All Models 1.3 Delivery A. The Contractor is responsible for all shipping charges. B. The Contractor will ship items ordered to: City of Corpus Christi Utilities Department 2726 Holly Rd. Corpus Christi, TX 78414 C. Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, unless specific arrangements are made otherwise. D. The City shall place orders by telephone or email. The Contractor shall respond within 24 hours to confirm receipt of order placement and shall provide an estimated lead time. Revised 11.08.19 Page 18 of 19 1.4 Warranty A. The Contractor shall provide a five-year warranty from defects in materials and workmanship for a period of five years from the date of shipment. B. Warranty repairs shall be corrected in a timely manner upon notification. C. The Contractor shall be responsible for submitting warranty claims to the manufacturer. 1.5 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 ensure it complies with the contract requirements. Attachment B - Bid/Pricing Schedule Attachment C – Insurance Requirements CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this agreement until all insurance required has been obtained by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been so obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administrator, one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager or designee. The City must be listed as an additional insured for 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. 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30- written day notice of cancellation, required on all certificates or by applicable policy endorsements. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTOMOBILE LIABILITY (including) 1.Owned 2.Hired & Non-owned 3.Rented & Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION Employer’s Liability Statutory $500,000 / $500,000 / $500,000 Additional Requirements – 1.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. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2.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. 3.Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. 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, and volunteers, as additional insureds by endorsement with regard to operations, completed operations 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 ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor’s performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. 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 stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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 contract. 8. 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 contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. Attachment D - Warranty Requirements A. The Contractor shall provide a five-year warranty from defects in materials and workmanship for a period of five years from the date of shipment. B. Warranty repairs shall be corrected in a timely manner upon notification. C. The Contractor shall be responsible for submitting warranty claims to the manufacturer. DATE: June 23, 2020 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Operations DavidL3@cctexas.com (361) 826-1966 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year supply agreement with Camacho Demolition, LLC, for a total amount not to exceed $234,000.00, for the purchase of crushed concrete for Solid Waste Operations on all weather roads, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $19,500.00 available in the General Fund . SUMMARY: This motion authorizes a three-year supply agreement for the purchase crushed concrete for Solid Waste Operations. The crushed concrete will be used to renovate the roadways at the Cefe Landfill and JC Elliott Transfer Station as needed. BACKGROUND AND FINDINGS: The Cefe Landfill needs better roadways around the perimeter and internal areas to gain access to active areas. In addition, these materials will be used to construct wet weather pads at the Cefe Landfill and JC Elliott Transfer Station. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a new supply agreement. The City received two responsible bids and is recommending award to Camacho Demolition, LLC as the lowest responsible bid. The current supplier is Southern Crushed Concrete and they did not submit a bid. Supply Agreement for Crushed Concrete for Solid Waste Operations AGENDA MEMORANDUM Action Item for the City Council Meeting July 14, 2020 The price has increased in the past two years from $22 a ton to $26 a ton, an 18% increase. ALTERNATIVES: The alternative to accepting this bid would be to require Solid Waste Operations to purchase crushed concrete on an as needed basis on individual orders, which would not be as efficient. In addition, a long-term supply agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for the Solid Waste Operations in FY 2020 is an estimate of $19,500.00 for a three-year supply agreement for crushed concrete, with the remaining cost of $214,500.00 will be funded in future years through the annual budget process. Funding Detail: Fund: 1020 General Fund Organization/Activity: 12506 Cefe Valenzuela Landfill Operations Mission Element: 033 Landfills Project # (CIP Only): N/A Account: 530210 Building Maintenance & Service RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year supply agreement with Camacho Demolition, LLC for Crushed Concrete as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement Bid Tabulation RFB No. 3092 Item Description Unit 3 Year QTY Unit Price Price Total Unit Price Total Price 1 Crushed Concrete TONS 9,000 $26.00 $234,000.00 $33.5000 $301,500.00 $301,500.00$234,000.00GRAND TOTAL City of Corpus Christi Contracts and Procurement Buyer: Sandra Rodriguez Crushed Concrete for Solid Waste Operations Camacho Demolition, LLC Corpus Christi, Texas Aaron Concrete Contrators Aransas Pass, Texas AGENDA MEMORANDUM Action Item for the City Council Meeting of July 14, 2020 DATE: June 12, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works/Street Operations richardm5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a construction contract to J Carroll Weaver, LLC for reconstruction of Swantner Drive from Indiana Avenue to Texan Trail, Chamberlain Street from Swantner Drive to Reid Drive and Glazebrook Drive from Swantner Drive to Reid Drive, located in Council District 2, with new asphalt pavement and utility improvements in the amount of $7,113,357.76 with funding available from the Street Bond 2018 and FY 2020 Storm Water, Wastewater, Water and Gas Funds. SUMMARY: This motion approves a construction contract with J Carroll Weaver, LLC, in the amount of $7,113,357.76 for reconstruction of Swantner Drive from Indiana Avenue to Texan Trail, Chamberlain Street from Swantner Drive to Reid Drive and Glazebrook Drive from Swantner Drive to Reid Drive with new asphalt pavement. Construction Contract Award Swantner Drive (Indiana Avenue to Texan Trail), Chamberlain Street (Swantner Drive to Reid Drive) and Glazebrook Drive (Swantner Drive to Reid Drive) (Bond 2018, Proposition A) BACKGROUND AND FINDINGS: The project scope includes Swantner Drive from Indiana Avenue to Texan Trail (Bond 2018 project), Chamberlain Street from Swantner Drive to Reid Drive (Bond 2018 Residential Street Rebuild Program (RSRP)) and Glazebrook Drive from Swantner Drive to Reid Drive (Bond 2018 RSRP). Chamberlain Street and Glazebrook Drive street sections were included with Swantner Drive due to the offsite storm drainage improvements proposed with the Swantner Drive project. Swantner Drive is classified as a minor residential street from Indiana Avenue to Texan Trail. The roadway was included in the Bond 2018 Program because it exhibits extensive pavement failure throughout the project limits. The project scope includes reconstruction of 1.32 miles of street with new pavement, curb & gutter, sidewalks, driveways, ADA ramps, signage, pavement markings, and utilities. Bike Boulevard signage and markings will added to the street per the adopted MPO plan. Utility improvements include new underground storm sewer system, new water main, and minor adjustments to wastewater and gas. Currently there is no storm sewer system on Swantner Drive and hence the storm drainage improvements are significant. The existing water main on Swantner Drive was installed in 1955 and the pipe material is asbestos cement. The proposed project will install plastic water main with in the project limits. Wasterwater improvements were addressed with the Indefinite Delivery/Indefinite quantity (ID/IQ) project. The project was developed with two Base Bids . Bidders submitted bids on either Base Bid 1 or Base Bid 2 or both. Base Bid No. 1 – This project includes reconstruction of approximately 7,000 LF of new asphalt pavement, curb & gutter, sidewalk, ADA ramps, pavement markings, and signage along with utility improvements. Base Bid No. 2 – This project includes reconstruction of approximately 7,000 LF of new concrete pavement, curb & gutter, sidewalk, ADA ramps, pavement markings, and signage along with utility improvements. PROJECT TIMELINE: J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M 2021 Construction 202020192018 Bid/ AwardDesign Project schedule reflects City Council award in July 2020 with anticipated completion in May 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. The solicitation contained two base bids, Base Bid 1 (asphalt) and Base Bid 2 (concrete). On April 29, 2020, the City received six bids (four bids for asphalt and two bids for Concrete). A summary of the bids is provided below. BID SUMMARY – BASE BID 1 (Asphalt) CONTRACTOR BASE BID J Carroll Weaver, LLC $7,113,357.76 JE Construction Services, LLC $7,169,039.15 Bay Ltd $7,289,121.72 Clark Pipeline Services LLC $8,811,773.27 Engineer’s Opinion of Probable Cost $8,545,256.56 BID SUMMARY – BASE BID 2 (CONCRETE) CONTRACTOR BASE BID JE Construction Services, LLC $8,204,954.00 Clark Pipeline Services LLC $10,473,820.34 Engineer’s Opinion of Probable Cost $10,423,609.46 Per City Council Policy 28 - Award Guidelines for Arterial and Collector Streets, an award recommendation for concrete pavement is made if the total cost of the concrete bid does not exceed $125,000 per lane-mile of the asphalt cost. This project includes approximately 2.65 lane-miles of pavement. The recommendation would be for concrete if it were within $331,250 of the asphalt bid. The cost of the concrete low bid is $1,091,596.24 above the asphalt lowest bid. Staff recommends the award of Base Bid 1 for asphalt pavement per City Council Policy 28 and based on the street classification. The surrounding streets in the neighborhood are of asphalt pavement. City determined J Carroll Weaver, LLC, is the lowest responsive and responsible bidder. J Carroll Weaver has previously completed residential streets under RSRP and street preventive maintenance program. ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, J Carroll Weaver, LLC or award the concrete bid. FISCAL IMPACT: The item proposes to award a construction contract to J Carroll Weaver, LLC, in the amount of $7,113,357.76 for the construction of Swantner Drive from Indiana Avenue to Texan Trail, Chamberlain Street from Swantner Drive to Reid Drive and Glazebrook Drive from Swantner Drive to Reid Drive. Project funds are available in Street Bond 2018, Proposition A Fund and FY2020 Storm Water, Wastewater, Water and Gas Funds. Funding Detail: The preliminary cost estimate budgeted for project in the Capital Improvement Program (CIP) was $5,359,350 for Swantner Drive, $499,305 for Chamberlain Street and $346,741 for Glazebrook Drive including design and construction. The lowest bid received for the project was at $7,113,357.76. The construction cost for the project is significantly higher due to the proposed storm drainage improvements and replacement of the existing water main. Estimates presented in the CIP were preliminary cost estimates. Funding for the storm water and water improvements have been budgeted through the utility revenue bonds. The remaining funding needed for the subject project has been transferred from portions of utility funding from CIP projects that are being delayed. Some of the projects that were delayed include Beach Avenue, Castenon Street and Long Meadow Drive. These projects are still in the preliminary stage of design. The utility funding for these projects will be funded with utility revenue bonds next fiscal year. Fund: Street Bond 2018, Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Swantner Drive from Indiana Avenue to Texan Trail (18046A) Account: Construction (Account #550910) Activity: 18046-A-3556-EXP Amount: $1,809,345.63 Fund: Storm Water (Fund 4532) Mission Elem: Storm Water Drainage (ME 043) Project No.: Swantner Drive from Indiana Avenue to Texan Trail (18046A) Account: Construction (Account #550910) Activity: 18046-A-4532-EXP Amount: $3,732,071.57 Fund: Wastewater (Fund 4257) Mission Elem: Wastewater Collection System (ME 042) Project No.: Swantner Drive from Indiana Avenue to Texan Trail (18046A) Account: Construction (Account #550910) Activity: 18046-A-4257-EXP Amount: $36,427.61 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: Swantner Drive from Indiana Avenue to Texan Trail (18046A) Account: Construction (Account #550910) Activity: 18046-A-4099-EXP Amount: $1,483,109.33 Fund: Gas (Fund 4560) Mission Elem: Gas Distribution System (ME 022) Project No.: Swantner Drive from Indiana Avenue to Texan Trail (18046A) Account: Construction (Account #550910) Activity: 18046-A-4099-EXP Amount: $52,403.62 RECOMMENDATION: Staff recommends awarding of Swantner Drive from Indiana Avenue to Texan Trail for construction award in the amount of $7,113,357.76 to J Carroll Weaver, LLC. The construction duration is planned for 10 months from issuance of the Notice to Proceed to begin construction in July 2020. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tab City Council Policy 28 Award Guidelines for Arterial and Collector Streets, Concrete or Asphalt Pavement 37 181 37 N PROJECT NUMBER: 18046A CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES VICINITY MAP NOT TO SCALE PROJECT LOCATION PROJECT LOCATION LOCATION MAP NOT TO SCALE SWANTNER DR (INDIANA AVENUE TO TEXAN TRAIL) BOND 2018 A L AM E D A N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SWANTNER DR (INDIANA AVE TO TEXAN TRAIL) - BOND 2018, PROPOSTION A AERIAL MAP NOT TO SCALE Project Number: 18046A Project Location Indiana Avenue Swantner DriveStaples StreetReid DriveGlazebrook D ri v e Texan Trail Swantner DriveChamberlain S t r e e t Alameda Street Item No DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT BASE BID A - ASPHALT PART A General A-A1 Mobilization (5% Maximum of General Items)LS 1 23,769.12$ 23,769.12$ 16,000.00$ 16,000.00$ 9,900.00$ 9,900.00$ 19,375.00$ 19,375.00$ A-A2 Bonds and Insurance LS 1 43,680.00$ 43,680.00$ 62,000.00$ 62,000.00$ 49,000.00$ 49,000.00$ 68,750.00$ 68,750.00$ A-A3 Ozone Action Day DAY 1 1,680.00$ 1,680.00$ 780.00$ 780.00$ 150.00$ 150.00$ 437.50$ 437.50$ A-A4 Clear ROW LS 1 76,958.84$ 76,958.84$ 100,000.00$ 100,000.00$ 42,000.00$ 42,000.00$ 67,625.00$ 67,625.00$ A-A5 Tree Removal (12"+ Caliper)EA 22 1,026.12$ 22,574.64$ 625.00$ 13,750.00$ 1,400.00$ 30,800.00$ 812.50$ 17,875.00$ A-A6 Traffic Control Mobilization/Adjustments EA 9 1,512.00$ 13,608.00$ 3,400.00$ 30,600.00$ 2,100.00$ 18,900.00$ 1,875.00$ 16,875.00$ A-A7 Traffic Control Items (Signs, Barricades, MO 24 9,503.89$ 228,093.36$ 1,300.00$ 31,200.00$ 2,100.00$ 50,400.00$ 3,891.67$ 93,400.08$ A-A8 Block Sodding SY 7,200 6.55$ 47,160.00$ 9.00$ 64,800.00$ 9.90$ 71,280.00$ 6.88$ 49,536.00$ A-A9 Silt Fence LF 500 11.20$ 5,600.00$ 3.80$ 1,900.00$ 19.50$ 9,750.00$ 4.38$ 2,190.00$ A-A10 Curb Inlet Protection EA 58 140.00$ 8,120.00$ 25.50$ 1,479.00$ 110.00$ 6,380.00$ 312.50$ 18,125.00$ A-A11 Storm Water Pollution Prevention Plan EA 1 28,000.00$ 28,000.00$ 1,900.00$ 1,900.00$ 9,900.00$ 9,900.00$ 43,750.00$ 43,750.00$ SUBTOTAL Part A 499,243.96$ 324,409.00$ 298,460.00$ 397,938.58$ PART B Street Improvements A-B1 Mobilization (5% Maximum of Street Items)LS 1 133,701.22$ 133,701.22$ 39,600.00$ 39,600.00$ 59,000.00$ 59,000.00$ 162,500.00$ 162,500.00$ A-B2 Street Salvage and Excavation SY 33,450 16.27$ 544,231.50$ 15.00$ 501,750.00$ 14.25$ 476,662.50$ 17.25$ 577,012.50$ A-B3 Driveway Demolition SF 17,241 1.19$ 20,516.79$ 3.75$ 64,653.75$ 2.60$ 44,826.60$ 3.47$ 59,826.27$ A-B4 3" TY 'D' HMAC SY 27,976 25.37$ 709,751.12$ 22.30$ 623,864.80$ 24.25$ 678,418.00$ 35.00$ 979,160.00$ A-B5 2" TY 'D' HMAC SY 2,680 25.37$ 67,991.60$ 18.00$ 48,240.00$ 16.65$ 44,622.00$ 24.69$ 66,169.20$ A-B6 Prime Coat (0.15 GAL/SY)GAL 4,598 6.16$ 28,323.68$ 6.00$ 27,588.00$ 4.80$ 22,070.40$ 7.00$ 32,186.00$ A-B7 Limestone Base (10" TY-A GR1-2)SY 30,421 23.55$ 716,414.55$ 23.00$ 699,683.00$ 22.80$ 693,598.80$ 28.00$ 851,788.00$ A-B8 Limestone Base (6" TY-A GR1-2)SY 3,029 23.55$ 71,332.95$ 20.00$ 60,580.00$ 17.00$ 51,493.00$ 20.63$ 62,488.27$ A-B9 Geogrid (Tx-5)SY 33,450 3.15$ 105,367.50$ 4.00$ 133,800.00$ 3.80$ 127,110.00$ 4.69$ 156,880.50$ A-B10 Compacted Subgrade (12")SY 33,450 4.00$ 133,800.00$ 3.30$ 110,385.00$ 2.40$ 80,280.00$ 3.00$ 100,350.00$ BID TABULATION CITY OF CORPUS CHRISTI - CONTRACTS AND PROCUREMENT BID DATE: WED. - APRIL 22, 2020 SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL PROJECT NO. 18046A Clark Pipeline Services LLC 6229 Leopard St Bay Ltd 1414 Valero Way CC, TX 78409RFB NO. 2934 J Carroll Weaver PO Box 1361 Sinton, TX 78387 JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 CC, TX 78409 Page 1 of 5 Item No DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WED. - APRIL 22, 2020 SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL PROJECT NO. 18046A Clark Pipeline Services LLC 6229 Leopard St Bay Ltd 1414 Valero Way CC, TX 78409RFB NO. 2934 J Carroll Weaver PO Box 1361 Sinton, TX 78387 JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 CC, TX 78409 A-B11 Driveways SF 17,241 16.80$ 289,648.80$ 10.50$ 181,030.50$ 14.60$ 251,718.60$ 10.63$ 183,271.83$ A-B12 Speed Hump EA 1 1,680.00$ 1,680.00$ 2,700.00$ 2,700.00$ 2,000.00$ 2,000.00$ 3,687.50$ 3,687.50$ A-B13 Speed Table EA 1 2,800.00$ 2,800.00$ 11,000.00$ 11,000.00$ 3,100.00$ 3,100.00$ 4,937.50$ 4,937.50$ A-B14 Pavement Repair*SY 150 140.00$ 21,000.00$ 86.00$ 12,900.00$ 110.00$ 16,500.00$ 94.00$ 14,100.00$ A-B15 Reflectorized Pavement Marking Type 1 (Y)(4")(SLD)(DBL)LF 3,680 1.40$ 5,152.00$ 1.00$ 3,680.00$ 1.20$ 4,416.00$ 1.13$ 4,158.40$ A-B16 Reflectorized Pavement Marking Type 1 (W)(8")(SLD)LF 500 2.80$ 1,400.00$ 2.00$ 1,000.00$ 2.40$ 1,200.00$ 2.19$ 1,095.00$ A-B17 Reflectorized Pavement Marking Type 1 (W)(16")(SLD)LF 60 10.08$ 604.80$ 10.00$ 600.00$ 10.70$ 642.00$ 10.00$ 600.00$ A-B18 Parking Lot Spaces and Accessible Striping LS 1 1,344.00$ 1,344.00$ 1,100.00$ 1,100.00$ 1,200.00$ 1,200.00$ 1,125.00$ 1,125.00$ A-B19 Red Painted Curb LF 350 2.24$ 784.00$ 2.50$ 875.00$ 2.70$ 945.00$ 2.50$ 875.00$ A-B20 Yellow Painted Curb LF 200 1.96$ 392.00$ 1.90$ 380.00$ 2.00$ 400.00$ 1.88$ 376.00$ A-B21 Prefab Pavement Marking (W) (24") (SLD)LF 914 17.92$ 16,378.88$ 17.00$ 15,538.00$ 18.70$ 17,091.80$ 17.50$ 15,995.00$ A-B22 Type II-A-A and Type II-B-B Raised Pavement Marker (Reflectorized) (Yellow or Blue)EA 256 5.04$ 1,290.24$ 5.00$ 1,280.00$ 5.40$ 1,382.40$ 5.00$ 1,280.00$ A-B23 School Zone Sign Assembly with Flashing Lights EA 2 6,440.00$ 12,880.00$ 7,300.00$ 14,600.00$ 7,700.00$ 15,400.00$ 7,187.50$ 14,375.00$ A-B24 Street Sign Assembly w/9" Blades (Green) and Stop Sign EA 43 812.00$ 34,916.00$ 950.00$ 40,850.00$ 970.00$ 41,710.00$ 906.25$ 38,968.75$ A-B25 Other Signs EA 41 476.00$ 19,516.00$ 540.00$ 22,140.00$ 570.00$ 23,370.00$ 531.25$ 21,781.25$ A-B26 Allowance for Unanticipated Street Improvements LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ SUBTOTAL Part B 2,966,217.63$ 2,644,818.05$ 2,684,157.10$ 3,379,986.97$ PART C ADA Improvements A-C1 Mobilization (5% Maximum of ADA Items)LS 1 41,000.00$ 41,000.00$ 29,000.00$ 29,000.00$ 16,000.00$ 16,000.00$ 53,125.00$ 53,125.00$ A-C2 Sidewalk/Accessible Ramp Demolition SF 48,568 2.24$ 108,792.32$ 1.70$ 82,565.60$ 1.04$ 50,510.72$ 2.50$ 121,420.00$ A-C3 Raised Median SF 710 14.56$ 10,337.60$ 19.00$ 13,490.00$ 17.25$ 12,247.50$ 28.75$ 20,412.50$ Page 2 of 5 Item No DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WED. - APRIL 22, 2020 SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL PROJECT NO. 18046A Clark Pipeline Services LLC 6229 Leopard St Bay Ltd 1414 Valero Way CC, TX 78409RFB NO. 2934 J Carroll Weaver PO Box 1361 Sinton, TX 78387 JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 CC, TX 78409 A-C4 Sidewalk Retaining Curb*LF 150 30.24$ 4,536.00$ 160.00$ 24,000.00$ 95.00$ 14,250.00$ 46.61$ 6,991.50$ A-C5 Sidewalk SF 62,574 7.22$ 451,784.28$ 8.40$ 525,621.60$ 8.30$ 519,364.20$ 10.83$ 677,676.42$ A-C6 Sidewalk Drain*EA 2 560.00$ 1,120.00$ 1,800.00$ 3,600.00$ 2,300.00$ 4,600.00$ 3,375.00$ 6,750.00$ A-C7 Accessible Ramp SF 7,950 28.50$ 226,575.00$ 28.00$ 222,600.00$ 18.70$ 148,665.00$ 25.63$ 203,758.50$ A-C8 Allowance for Unanticipated ADA Improvements LS 1 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ SUBTOTAL Part C 846,645.20$ 903,377.20$ 768,137.42$ 1,092,633.92$ PART D Stormwater Improvements A-D1 Mobilization (5% Maximum of Stormwater Items)LS 1 89,000.00$ 89,000.00$ 50,000.00$ 50,000.00$ 24,800.00$ 24,800.00$ 125,000.00$ 125,000.00$ A-D2 Curb and Gutter Demolition LF 14,765 4.28$ 63,194.20$ 5.00$ 73,825.00$ 11.50$ 169,797.50$ 6.25$ 92,281.25$ A-D3 Remove Existing Storm Main, up to 36" Diameter LF 100 48.81$ 4,881.00$ 75.00$ 7,500.00$ 74.00$ 7,400.00$ 87.50$ 8,750.00$ A-D4 Tie to Existing Manhole EA 1 4,881.30$ 4,881.30$ 2,300.00$ 2,300.00$ 3,600.00$ 3,600.00$ 3,437.50$ 3,437.50$ A-D5 42" RCP (Class III)LF 862 300.75$ 259,246.50$ 300.00$ 258,600.00$ 300.00$ 258,600.00$ 283.13$ 244,058.06$ A-D6 36" RCP (Class III)LF 285 126.62$ 36,086.70$ 250.00$ 71,250.00$ 275.00$ 78,375.00$ 253.13$ 72,142.05$ A-D7 30" RCP (Class III)LF 2,059 162.75$ 335,102.25$ 184.00$ 378,856.00$ 200.00$ 411,800.00$ 215.17$ 443,035.03$ A-D8 24" RCP (Class III)LF 2,183 114.10$ 249,080.30$ 143.00$ 312,169.00$ 175.00$ 382,025.00$ 181.25$ 395,668.75$ A-D9 18" RCP (Class III)LF 2,251 120.98$ 272,325.98$ 120.00$ 270,120.00$ 175.00$ 393,925.00$ 171.88$ 386,901.88$ A-D10 6" Curb and Gutter LF 14,765 19.56$ 288,803.40$ 26.50$ 391,272.50$ 27.00$ 398,655.00$ 26.25$ 387,581.25$ A-D11 5' Curb Inlet EA 50 3,414.21$ 170,710.50$ 4,000.00$ 200,000.00$ 4,395.00$ 219,750.00$ 7,500.00$ 375,000.00$ A-D12 5' Curb Inlet (5'x4' Junction Box)EA 1 3,414.21$ 3,414.21$ 7,300.00$ 7,300.00$ 6,400.00$ 6,400.00$ 8,125.00$ 8,125.00$ A-D13 5' Curb Inlet (8'x3' Junction Box)EA 1 3,414.21$ 3,414.21$ 8,400.00$ 8,400.00$ 12,200.00$ 12,200.00$ 8,750.00$ 8,750.00$ A-D14 Post Inlet EA 1 3,414.21$ 3,414.21$ 6,400.00$ 6,400.00$ 4,850.00$ 4,850.00$ 4,250.00$ 4,250.00$ A-D15 4' Manhole (Type A)EA 6 5,040.00$ 30,240.00$ 6,700.00$ 40,200.00$ 4,200.00$ 25,200.00$ 7,062.50$ 42,375.00$ A-D16 5' Manhole (Type A)EA 1 6,496.00$ 6,496.00$ 8,700.00$ 8,700.00$ 6,300.00$ 6,300.00$ 10,312.50$ 10,312.50$ A-D17 6' Manhole (Type A)EA 10 4,368.00$ 43,680.00$ 13,500.00$ 135,000.00$ 7,500.00$ 75,000.00$ 13,125.00$ 131,250.00$ A-D18 7' Manhole (Type A) (Remove and Replace)EA 2 6,944.00$ 13,888.00$ 17,200.00$ 34,400.00$ 16,500.00$ 33,000.00$ 24,062.50$ 48,125.00$ Page 3 of 5 Item No DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WED. - APRIL 22, 2020 SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL PROJECT NO. 18046A Clark Pipeline Services LLC 6229 Leopard St Bay Ltd 1414 Valero Way CC, TX 78409RFB NO. 2934 J Carroll Weaver PO Box 1361 Sinton, TX 78387 JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 CC, TX 78409 A-D19 Type 'C' Manhole EA 1 10,640.00$ 10,640.00$ 10,800.00$ 10,800.00$ 7,300.00$ 7,300.00$ 20,000.00$ 20,000.00$ A-D20 OSHA Trench Safety Plan LF 7,640 5.60$ 42,784.00$ 6.00$ 45,840.00$ 9.50$ 72,580.00$ 5.00$ 38,200.00$ A-D21 OSHA Manhole/Inlet Safety Plan EA 71 336.00$ 23,856.00$ 382.00$ 27,122.00$ 570.00$ 40,470.00$ 812.50$ 57,687.50$ A-D22 Allowance for Unanticipated Stormwater Improvements LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ SUBTOTAL Part D 1,980,138.76$ 2,365,054.50$ 2,657,027.50$ 2,927,930.77$ PART E Water Improvements A-E1 Mobilization (5% Maximum of Water Items)LS 1 35,363.65$ 35,363.65$ 25,000.00$ 25,000.00$ 15,000.00$ 15,000.00$ 35,000.00$ 35,000.00$ A-E2 6" C-900 PVC Water Line LF 5,617 59.61$ 334,829.37$ 64.50$ 362,296.50$ 58.00$ 325,786.00$ 66.19$ 371,789.23$ A-E3 6" D. I. 11.25° Bend EA 1 685.80$ 685.80$ 650.00$ 650.00$ 170.00$ 170.00$ 281.25$ 281.25$ A-E4 6" D. I. 22.5° Bend EA 7 845.88$ 5,921.16$ 775.00$ 5,425.00$ 230.00$ 1,610.00$ 281.25$ 1,968.75$ A-E5 6" D. I. 45° Bend EA 41 734.10$ 30,098.10$ 600.00$ 24,600.00$ 220.00$ 9,020.00$ 281.25$ 11,531.25$ A-E6 6" D. I. 90° Bend EA 14 696.41$ 9,749.74$ 800.00$ 11,200.00$ 180.00$ 2,520.00$ 300.00$ 4,200.00$ A-E7 6" x 4" D. I. Reducer EA 20 650.46$ 13,009.20$ 560.00$ 11,200.00$ 130.00$ 2,600.00$ 385.00$ 7,700.00$ A-E8 6" D. I. Tee EA 14 805.97$ 11,283.58$ 800.00$ 11,200.00$ 300.00$ 4,200.00$ 381.25$ 5,337.50$ A-E9 6" D. I. Cross EA 6 994.47$ 5,966.82$ 1,080.00$ 6,480.00$ 500.00$ 3,000.00$ 481.25$ 2,887.50$ A-E10 6" Gate Valve and Box EA 34 2,136.40$ 72,637.60$ 1,400.00$ 47,600.00$ 950.00$ 32,300.00$ 1,066.25$ 36,252.50$ A-E11 4" D. I. Water Line LF 623 50.95$ 31,741.85$ 85.00$ 52,955.00$ 130.00$ 80,990.00$ 143.50$ 89,400.50$ A-E12 4" D. I. 45° Bend EA 50 683.45$ 34,172.50$ 560.00$ 28,000.00$ 170.00$ 8,500.00$ 231.25$ 11,562.50$ A-E13 4" D. I. 90° Bend EA 2 691.70$ 1,383.40$ 875.00$ 1,750.00$ 180.00$ 360.00$ 243.75$ 487.50$ A-E14 8" C-900 PVC Water Line LF 78 169.12$ 13,191.36$ 110.00$ 8,580.00$ 110.00$ 8,580.00$ 71.19$ 5,552.82$ A-E15 8" x 6" Reducer EA 2 658.71$ 1,317.42$ 600.00$ 1,200.00$ 140.00$ 280.00$ 233.75$ 467.50$ A-E16 8" D. I. 11.25° Bend EA 1 732.92$ 732.92$ 700.00$ 700.00$ 220.00$ 220.00$ 337.50$ 337.50$ A-E17 8" D. I. 45° Bend EA 5 798.90$ 3,994.50$ 650.00$ 3,250.00$ 300.00$ 1,500.00$ 381.25$ 1,906.25$ A-E18 8" D. I. Tee EA 1 947.34$ 947.34$ 870.00$ 870.00$ 470.00$ 470.00$ 425.00$ 425.00$ A-E19 Connections (Tie To Existing)EA 32 1,773.48$ 56,751.36$ 1,300.00$ 41,600.00$ 1,100.00$ 35,200.00$ 1,491.25$ 47,720.00$ A-E20 Service Reconnect (Up to 3")EA 9 2,282.39$ 20,541.51$ 5,000.00$ 45,000.00$ 1,700.00$ 15,300.00$ 2,865.00$ 25,785.00$ A-E21 Reconnect Fire Line EA 1 5,862.29$ 5,862.29$ 6,000.00$ 6,000.00$ 1,900.00$ 1,900.00$ 6,310.00$ 6,310.00$ Page 4 of 5 Item No DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WED. - APRIL 22, 2020 SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL PROJECT NO. 18046A Clark Pipeline Services LLC 6229 Leopard St Bay Ltd 1414 Valero Way CC, TX 78409RFB NO. 2934 J Carroll Weaver PO Box 1361 Sinton, TX 78387 JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 CC, TX 78409 A-E22 Fire Hydrant (Type 1)EA 7 6,892.87$ 48,250.09$ 5,800.00$ 40,600.00$ 5,400.00$ 37,800.00$ 4,937.50$ 34,562.50$ A-E23 OSHA Trench Safety Plan LF 6,318 4.48$ 28,304.64$ 1.00$ 6,318.00$ 4.30$ 27,167.40$ 2.50$ 15,795.00$ A-E24 Abandon Existing Water Line in Ray HS Parking Lot LS 1 5,600.00$ 5,600.00$ 4,300.00$ 4,300.00$ 9,600.00$ 9,600.00$ 12,437.50$ 12,437.50$ A-E25 Allowance for Unanticipated Water Improvements LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ SUBTOTAL Part E 782,336.20$ 756,774.50$ 634,073.40$ 739,697.55$ PART F Wastewater Improvements A-F1 Mobilization (5% Maximum of Wastewater Items)LS 1 500.00$ 500.00$ 500.00$ 500.00$ 300.00$ 300.00$ 625.00$ 625.00$ A-F2 Adjust Wastewater MH Ring and Cover to Grade EA 5 1,680.00$ 8,400.00$ 2,301.32$ 11,506.60$ 1,400.00$ 7,000.00$ 1,895.42$ 9,477.10$ A-F3 Allowance for Unanticipated Wastewater Improvements LS 1 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ SUBTOTAL Part F 11,400.00$ 14,506.60$ 9,800.00$ 12,602.10$ PART G Gas Improvements A-G1 Mobilization (5% Maximum of Gas Items)LS 1 1,300.00$ 1,300.00$ 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 12,500.00$ 12,500.00$ A-G2 Trench Backfill and Compaction LF 4,551 2.15$ 9,784.65$ 33.00$ 150,183.00$ 46.00$ 209,346.00$ 53.13$ 241,794.63$ A-G3 OSHA Trench Safety LF 4,551 3.36$ 15,291.36$ 1.30$ 5,916.30$ 5.30$ 24,120.30$ 1.25$ 5,688.75$ A-G4 Allowance for Unanticipated Gas Improvements LS 1 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ SUBTOTAL Part G 27,376.01$ 160,099.30$ 237,466.30$ 260,983.38$ TOTAL BASE BID A (Parts A thru G)7,113,357.76$ 7,169,039.15$ 7,289,121.72$ 8,811,773.27$ Extension errors by bidder - totals shown are corrected amounts Page 5 of 5 ITEM NO.DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BASE BID B - CONCRETE PART A General B-A1 Mobilization (5% Maximum of General Items)LS 1 16,000.00$ 16,000.00$ 19,375.00$ 19,375.00$ B-A2 Bonds and Insurance LS 1 69,400.00$ 69,400.00$ 68,750.00$ 68,750.00$ B-A3 Ozone Action Day DAY 1 500.00$ 500.00$ 437.50$ 437.50$ B-A4 Clear ROW LS 1 100,000.00$ 100,000.00$ 67,625.00$ 67,625.00$ B-A5 Tree Removal (12"+ Caliper)EA 22 625.00$ 13,750.00$ 812.50$ 17,875.00$ B-A6 Traffic Control Mobilization/Adjustments EA 9 3,400.00$ 30,600.00$ 1,875.00$ 16,875.00$ B-A7 Traffic Control Items (Signs, Barricades, Channelizing Devices, etc.)MO 24 1,300.00$ 31,200.00$ 3,891.67$ 93,400.08$ B-A8 Block Sodding SY 7,200 9.00$ 64,800.00$ 6.88$ 49,536.00$ B-A9 Silt Fence LF 500 3.00$ 1,500.00$ 4.38$ 2,190.00$ B-A10 Curb Inlet Protection EA 58 25.00$ 1,450.00$ 312.50$ 18,125.00$ B-A11 Storm Water Pollution Prevention Plan EA 1 1,900.00$ 1,900.00$ 43,750.00$ 43,750.00$ SUBTOTAL Part A 331,100.00$ 397,938.58$ PART B Street Improvements B-B1 Mobilization (5% Maximum of Street Items)LS 1 50,000.00$ 50,000.00$ 162,500.00$ 162,500.00$ B-B2 Street Salvage and Excavation SY 33,520 13.50$ 452,520.00$ 17.25$ 578,220.00$ B-B3 Driveway Demolition SF 17,241 3.50$ 60,343.50$ 3.47$ 59,826.27$ B-B4 7" 4400 PSI Reinforced Concrete SF 251,784 7.20$ 1,812,844.80$ 9.19$ 2,313,894.96$ B-B5 1" TY 'D' HMAC Bond Breaker SY 30,491 8.90$ 271,369.90$ 20.00$ 609,820.00$ B-B6 2" TY 'D' HMAC SY 2,680 18.00$ 48,240.00$ 24.69$ 66,169.20$ B-B7 Prime Coat (0.15 GAL/SY)GAL 4,976 6.00$ 29,856.00$ 7.00$ 34,832.00$ B-B8 Limestone Base (6" TY-A GR1-2)SY 33,520 16.00$ 536,320.00$ 20.63$ 691,517.60$ B-B9 Geogrid (Tx-5)SY 3,029 4.00$ 12,116.00$ 5.50$ 16,659.50$ B-B10 Compacted Subgrade (12")SY 33,520 3.20$ 107,264.00$ 5.13$ 171,957.60$ B-B11 Driveways SF 17,241 10.00$ 172,410.00$ 10.63$ 183,271.83$ B-B12 Speed Hump EA 1 2,700.00$ 2,700.00$ 3,687.50$ 3,687.50$ BID DATE: WED. - APRIL 22, 2020 BID TABULATION CITY OF CORPUS CHRISTI - CONTRACTS AND PROCUREMENT Clark Pipeline Services LLC 6229 Leopard CC, TX 78409RFB NO. 2934 PROJECT NO. 18046A SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 Page 1 of 5 ITEM NO.DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WED. - APRIL 22, 2020 Clark Pipeline Services LLC 6229 Leopard CC, TX 78409RFB NO. 2934 PROJECT NO. 18046A SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 B-B13 Speed Table EA 1 11,000.00$ 11,000.00$ 4,937.50$ 4,937.50$ B-B14 Pavement Repair*SY 150 86.00$ 12,900.00$ 94.00$ 14,100.00$ B-B15 Reflectorized Pavement Marking Type 1 (Y)(4")(SLD)(DBL)LF 3,680 1.50$ 5,520.00$ 1.56$ 5,740.80$ B-B16 Reflectorized Pavement Marking Type 1 (W)(8")(SLD)LF 500 3.00$ 1,500.00$ 3.13$ 1,565.00$ B-B17 Reflectorized Pavement Marking Type 1 (W)(16")(SLD)LF 60 11.00$ 660.00$ 11.25$ 675.00$ B-B18 Parking Lot Space and Accessible Striping LS 1 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ B-B19 Red Painted Curb LF 350 2.50$ 875.00$ 2.50$ 875.00$ B-B20 Yellow Painted Curb LF 200 2.20$ 440.00$ 2.19$ 438.00$ B-B21 Prefab Pavement Marking (W) (24") (SLD)LF 914 20.00$ 18,280.00$ 20.00$ 18,280.00$ B-B22 Type II-A-A and Type II-B-B Raised Pavement Marker (Reflectorized) (Yellow or Blue)EA 256 5.00$ 1,280.00$ 5.63$ 1,441.28$ B-B23 School Zone Sign Assembly with Flashing Lights EA 2 7,200.00$ 14,400.00$ 7,187.50$ 14,375.00$ B-B24 Street Sign Assembly w/9" Blades (Green) and Stop Sign EA 43 950.00$ 40,850.00$ 906.25$ 38,968.75$ B-B25 Other Signs EA 41 540.00$ 22,140.00$ 531.25$ 21,781.25$ B-B26 Allowance for Unanticipated Street Improvements LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ SUBTOTAL Part B 3,712,329.20$ 5,042,034.04$ PART C ADA Improvements B-C1 Mobilization (5% Maximum of ADA Items)LS 1 29,000.00$ 29,000.00$ 53,125.00$ 53,125.00$ B-C2 Sidewalk/Accessible Ramp Demolition SF 48,568 1.70$ 82,565.60$ 2.50$ 121,420.00$ B-C3 Raised Median SF 710 19.00$ 13,490.00$ 28.75$ 20,412.50$ B-C4 Sidewalk Retaining Curb*LF 150 160.00$ 24,000.00$ 46.61$ 6,991.50$ B-C5 Sidewalk SF 62,574 8.20$ 513,106.80$ 10.83$ 677,676.42$ B-C6 Sidewalk Drain*EA 2 1,800.00$ 3,600.00$ 3,375.00$ 6,750.00$ B-C7 Accessible Ramp SF 7,950 28.00$ 222,600.00$ 25.63$ 203,758.50$ Page 2 of 5 ITEM NO.DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WED. - APRIL 22, 2020 Clark Pipeline Services LLC 6229 Leopard CC, TX 78409RFB NO. 2934 PROJECT NO. 18046A SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 B-C8 Allowance for Unanticipated ADA Improvements LS 1 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ SUBTOTAL Part C 890,862.40$ 1,092,633.92$ PART D Stormwater Improvements B-D1 Mobilization (5% Maximum of Stormwater Items)LS 1 50,000.00$ 50,000.00$ 125,000.00$ 125,000.00$ B-D2 Curb and Gutter Demolition LF 14,765 5.00$ 73,825.00$ 6.25$ 92,281.25$ B-D3 Remove Existing Storm Main, up to 36" Diameter LF 100 75.00$ 7,500.00$ 87.50$ 8,750.00$ B-D4 Tie to Existing Manhole EA 1 2,300.00$ 2,300.00$ 3,437.50$ 3,437.50$ B-D5 42" RCP (Class III)LF 862 295.00$ 254,290.00$ 283.13$ 244,058.06$ B-D6 36" RCP (Class III)LF 285 245.00$ 69,825.00$ 253.13$ 72,142.05$ B-D7 30" RCP (Class III)LF 2,059 180.00$ 370,620.00$ 215.17$ 443,035.03$ B-D8 24" RCP (Class III)LF 2,183 140.00$ 305,620.00$ 181.25$ 395,668.75$ B-D9 18" RCP (Class III)LF 2,251 118.00$ 265,618.00$ 171.88$ 386,901.88$ B-D10 6" Curb and Gutter LF 14,765 26.50$ 391,272.50$ 26.25$ 387,581.25$ B-D11 5' Curb Inlet EA 50 4,000.00$ 200,000.00$ 7,500.00$ 375,000.00$ B-D12 5' Curb Inlet (5'x4' Junction Box)EA 1 7,300.00$ 7,300.00$ 8,125.00$ 8,125.00$ B-D13 5' Curb Inlet (8'x3' Junction Box)EA 1 8,400.00$ 8,400.00$ 8,750.00$ 8,750.00$ B-D14 Post Inlet EA 1 6,400.00$ 6,400.00$ 4,250.00$ 4,250.00$ B-D15 4' Manhole (Type A)EA 6 6,700.00$ 40,200.00$ 7,062.50$ 42,375.00$ B-D16 5' Manhole (Type A)EA 1 8,700.00$ 8,700.00$ 10,312.50$ 10,312.50$ B-D17 6' Manhole (Type A)EA 10 13,500.00$ 135,000.00$ 13,125.00$ 131,250.00$ B-D18 7' Manhole (Type A) (Rename and Replace)EA 2 17,200.00$ 34,400.00$ 24,062.50$ 48,125.00$ B-D19 Type 'C' Manhole EA 1 10,800.00$ 10,800.00$ 20,000.00$ 20,000.00$ B-D20 OSHA Trench Safety Plan LF 7,640 6.00$ 45,840.00$ 5.00$ 38,200.00$ B-D21 OSHA Manhole/Inlet Safety Plan EA 71 382.00$ 27,122.00$ 812.50$ 57,687.50$ B-D22 Allowance for Unanticipated Stormwater Improvements LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ SUBTOTAL Part D 2,340,032.50$ 2,927,930.77$ PART E Water Improvements Page 3 of 5 ITEM NO.DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WED. - APRIL 22, 2020 Clark Pipeline Services LLC 6229 Leopard CC, TX 78409RFB NO. 2934 PROJECT NO. 18046A SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 B-E1 Mobilization (5% Maximum of Water Items)LS 1 25,000.00$ 25,000.00$ 35,000.00$ 35,000.00$ B-E2 6" C-900 PVC Water Line LF 5,617 64.40$ 361,734.80$ 66.19$ 371,789.23$ B-E3 6" D. I. 11.25° Bend EA 1 650.00$ 650.00$ 281.25$ 281.25$ B-E4 6" D. I. 22.5° Bend EA 7 775.00$ 5,425.00$ 281.25$ 1,968.75$ B-E5 6" D. I. 45° Bend EA 41 600.00$ 24,600.00$ 281.25$ 11,531.25$ B-E6 6" D. I. 90° Bend EA 14 800.00$ 11,200.00$ 300.00$ 4,200.00$ B-E7 6" x 4" D. I. Reducer EA 20 560.00$ 11,200.00$ 385.00$ 7,700.00$ B-E8 6" D. I. Tee EA 14 800.00$ 11,200.00$ 381.25$ 5,337.50$ B-E9 6" D. I. Cross EA 6 1,080.00$ 6,480.00$ 481.25$ 2,887.50$ B-E10 6" Gate Valve and Box EA 34 1,400.00$ 47,600.00$ 1,066.25$ 36,252.50$ B-E11 4" D. I. Water Line LF 623 85.00$ 52,955.00$ 143.50$ 89,400.50$ B-E12 4" D. I. 45° Bend EA 50 560.00$ 28,000.00$ 231.25$ 11,562.50$ B-E13 4" D. I. 90° Bend EA 2 875.00$ 1,750.00$ 243.75$ 487.50$ B-E14 8" C-900 PVC Water Line LF 78 110.00$ 8,580.00$ 71.19$ 5,552.82$ B-E15 8" x 6" Reducer EA 2 600.00$ 1,200.00$ 233.75$ 467.50$ B-E16 8" D. I. 11.25° Bend EA 1 700.00$ 700.00$ 337.50$ 337.50$ B-E17 8" D. I. 45° Bend EA 5 650.00$ 3,250.00$ 381.25$ 1,906.25$ B-E18 8" D. I. Tee EA 1 870.00$ 870.00$ 425.00$ 425.00$ B-E19 Connections (Tie To Existing)EA 32 1,300.00$ 41,600.00$ 1,491.25$ 47,720.00$ B-E20 Service Reconnect (Up to 3")EA 9 5,000.00$ 45,000.00$ 2,865.00$ 25,785.00$ B-E21 Reconnect Fire Line EA 1 6,000.00$ 6,000.00$ 6,310.00$ 6,310.00$ B-E22 Fire Hydrant (Type 1)EA 7 5,800.00$ 40,600.00$ 4,937.50$ 34,562.50$ B-E23 OSHA Trench Safety Plan LF 6,318 1.00$ 6,318.00$ 2.50$ 15,795.00$ B-E24 Abandon Existing Water Line in Ray HS Parking Lot LS 1 4,300.00$ 4,300.00$ 12,437.50$ 12,437.50$ B-E25 Allowance for Unanticipated Water Improvements LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ SUBTOTAL Part E 756,212.80$ 739,697.55$ PART F Wastewater Improvements Page 4 of 5 ITEM NO.DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WED. - APRIL 22, 2020 Clark Pipeline Services LLC 6229 Leopard CC, TX 78409RFB NO. 2934 PROJECT NO. 18046A SWANTNER DRIVE - INDIANA AVE. TO TEXAN TRAIL JE Construction Services LLC 7505 UpRiver Rd CC, TX 78409 B-F1 Mobilization (5% Maximum of Wastewater Items)LS 1 500.00$ 500.00$ 625.00$ 625.00$ B-F2 Adjust Wastewater MH Ring and Cover to Grade EA 5 2,263.56$ 11,317.80$ 1,895.42$ 9,477.10$ B-F3 Allowance for Unanticipated Wastewater Improvements LS 1 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ SUBTOTAL Part F 14,317.80$ 12,602.10$ PART G Gas Improvements B-G1 Mobilization (5% Maximum of Gas Items)LS 1 3,000.00$ 3,000.00$ 12,500.00$ 12,500.00$ B-G2 Trench Backfill and Compaction LF 4,551 33.00$ 150,183.00$ 53.13$ 241,794.63$ B-G3 OSHA Trench Safety LF 4,551 1.30$ 5,916.30$ 1.25$ 5,688.75$ B-G4 Allowance for Unanticipated Gas Improvements LS 1 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ SUBTOTAL Part G 160,099.30$ 260,983.38$ TOTAL BASE BID B (Parts A thru G)8,204,954.00$ 10,473,820.34$ Extension errors by bidder - totals shown are corrected amounts Page 5 of 5 Project No.: N/A 1 MVV/LH Legistar No.: 19-0956 Rev. 3 – 0702/19 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 16, 2019 DATE: July 2, 2019 TO: Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Albert Quintanilla, P.E., Director of Street Operations albertq@cctexas.com (361) 826-1957 CAPTION: Resolution amending the City Council Policies to add Policy 28 - Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement specifying concrete pavement alternative will be used if construction cost is not more than $125,000 per lane mile of the asphalt pavement alternative. PURPOSE: To establish a City Council policy that confirms recommendation guidelines when determining type of pavement covering to be awarded on an arterial or collector roadway. BACKGROUND AND FINDINGS: Prior to November 2008, the City would typically design and construct arterial roadways with Hot Mix Asphalt Concrete (HMAC) as it was assumed to be the more affordable pavement alternative. With the November 2008 Bond Election, the City began to bid certain arterial streets with both HMAC and Portland Cement Concrete (PCC) pavement designs resulting in mixed construction awards for either HMAC or PCC pavement. In 2013, the City upgraded pavement design standards to a 30-year design life using the Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures. The change in design criteria, combined with market forces, created an environment where PCC became much more competitive with HMAC. In early 2017, at the request of the City Council, Engineering Services’ staff performed life cycle cost analysis (LCCA) comparing a proposed PCC maintenance plan with the City’s City Council Policy 28 Award Guidelines for Arterial and Collector Streets Concrete or Asphalt Pavement Project No.: N/A 2 MVV/LH Legistar No.: 19-0956 Rev. 3 – 0702/19 existing HMAC maintenance plan. The results of that LCCA validated the belief that PCC offered reduced maintenance costs over HMAC. Freese and Nichols, Inc. (FNI) was tasked with re- evaluating the LCCA between HMAC and PCC pavements and providing a letter report with recommendations resulting in three cost range options for bid award recommendations. Engineering staff believed FNI’s analysis warranted raising the $100,000 per lane mile used in the current staff bid award recommendation policy. During the September 11, 2018 City Council meeting, Council requested a review of the policy regarding bidding street reconstruction projects in both Hot Mix Asphalt Concrete (HMAC) pavement and Portland Cement Concrete (PCC) pavement, staff is recommending City Council adopt a policy that states, “The concrete pavement will be used if cost for concrete pavement is not more than $125,000 per lane mile ($17.75/square yard) of the asphalt pavement alternative.” ALTERNATIVES: 1. Approve City Council Policy 28 - Award Guidelines for Arterial or Collector Streets. (Recommended) 2. Do not approve City Council Policy 28 - Award Guidelines for Arterial or Collector Streets (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for City Council Policies. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: □ Operating □ Revenue □ Capital x Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item Future Anticipated Expenditures This Project BALANCE Fund(s): N/A Project No.: N/A 3 MVV/LH Legistar No.: 19-0956 Rev. 3 – 0702/19 COMMENTS: N/A RECOMMENDATION: Staff recommends approval to add City Council Policy 28 - Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement specifying concrete pavement will be recommended if construction cost is not more than $125,000 per lane mile of the asphalt pavement alternative. LIST OF SUPPORTING DOCUMENTS: CAARs Memo dated April 22, 2019 Presentation Resolution AGEND A MEMOR ANDUM Action Item for the City Council Meeting of June 23, 2020 DATE: June 12, 2020 TO: Peter Zanoni, City Manager THRU : Constance P. Sanchez, Chief Financial Officer FROM: Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Amendment to Financial Budgetary Policies CAPTION: Resolution amending Financial Budgetary Policies adopted by Resolution 031821 and providing f inancial policy direction on preparation of the annual budgets. SUMMARY: The financial budgetary policies are being recommended for amendment to address staff recommendations. BACKGROUNDAND FINDINGS: The changes include removing some wording from various sections and adding a section on Corpus Christi Fire Fighters’ Retirement System. ALTERNATIVES: An alternative would be to leave the financial budgetary policies as they currently are written. FINANCIAL IMPACT: There is no financial impact for this item. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): N/A Accounts: Cost: RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Redline Resolution RESOLUTION AMENDI NG FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 031821 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in July 2019 by Resolution 031821; and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: · The Financial Budgetary Policies adopted by Resolution 031821 are amended to read as follows: Section 1. Development I Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues /Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance I Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 20% of total annual General Fund appropriations will be Reserved for Major Contingencies and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%) will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1only applies to the Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less: • Grants • Industrial District revenue, and • Any General Fund transfer to the Residential Street Reconstruction Fund (i.e. four cents of the property tax rate) 3. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund revenue to the Residential Street Reconstruction Fund 4. In Fiscal Year 2022-2023, transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 5. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term “reconstruction” is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. Due to the COVID-related economic downturn the final two cents will not be added in FY 2020-2021 but will be considered in FY 2021-2022. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters’ Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is thea goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 15. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 16. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 17. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011. Section 18. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short-range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 19. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to· identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 20. Line Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line item budget review of departmental budgets. Section 21. State Hotel Occupancy Tax (SHOT) and Hotel Occupancy Tax (HOT) Fund. A SHOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the SHOT Fund. Section 22. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 23. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City’s budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo ______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor RESOLUTION AMENDI NG FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 031821 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in July 2019 by Resolution 031821; and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: · The Financial Budgetary Policies adopted by Resolution 031821 are amended to read as follows: Section 1. Development I Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues /Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance I Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 20% of total annual General Fund appropriations will be Reserved for Major Contingencies and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%) will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1only applies to the Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less: • Grants • Industrial District revenue, and • Any General Fund transfer to the Residential Street Reconstruction Fund (i.e. four cents of the property tax rate) 3. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund revenue to the Residential Street Reconstruction Fund 4. In Fiscal Year 2022-2023, transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 5. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term “reconstruction” is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. Due to the COVID-related economic downturn the final two cents will not be added in FY 2020-2021 but will be considered in FY 2021-2022. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters’ Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 15. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 16. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 17. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011. Section 18. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short-range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 19. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to· identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 20. Line Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line item budget review of departmental budgets. Section 21. State Hotel Occupancy Tax (SHOT) and Hotel Occupancy Tax (HOT) Fund. A SHOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the SHOT Fund. Section 22. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 23. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City’s budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo ______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE: June 3, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3575 CAPTION: Resolution authorizing developer participation agreement with Walker Holdings and Development, LLC to reimburse developer up to $698,177.56 for construction of Silverado Drive, Emory Drive and stormwater drainage channel improvements as part of a City initiated effort to incentivize single-family housing in Calallen near the Steel Dynamics Plant in nearby Sinton, Texas. (District 1) SUMMARY: Walker Holdings and Development, LLC is developing a new residential subdivision named Calallen South Unit 1 and is required to construct two new C-1 collector streets and make stormwater drainage channel improvements associated with the development. The City has agreed to participate in the cost sharing of the improvements as part of an economic development initiative for the Northwest area of the City. The estimated one-time cost of the of the new streets, including curb and gutter, and the stormwater drainage improvements is $698,177.56 BACKGROUND AND FINDINGS: The Developer, Walker Holdings and Development, LLC, has requested reimbursement through a developer participation agreement for the construction of two new C-1 collector streets named Silverado Drive and Emory Drive respectively and oversizing improvements to three storm water drainage channels in conjunction with a residential subdivision named Calallen South Unit 1. As part of an economic development initiative to incentivize residential home development in that area, the City has agreed to participate in the construction costs associated with the road and storm drainage improvements required for the new subdivision. The street improvements for Silverado Drive and Emory Drive include constructing the streets to a C-1 Collector street standard. The City’s participation starts at IH-69 and runs to the first lots in the subdivision for an estimated 618 linear-feet for Emory Drive and 632 linear-feet for Silverado Drive per the approved plans. Participation Agreement with Walker Holdings and Development, LLC AGENDA MEMORANDUM Resolution for the City Council Meeting of 7/14/2020 The drainage improvements are for drainage channels “A”, “B” and “C”. The open drainage channels will be widened to accommodate the runoff due to the impervious cover created by the new subdivision streets and homes. The open drainage channels for Unit 1 are temporary and will have new drainage pipes installed and will get covered during the future development of additional subdivision phases. The Unit 1 drainage channels will connect to the existing storm water drainage system and will have piping and concrete linings at the end of each of the three channels to help offset any potential soil erosion. The reimbursement for the costs associated with the streets construction and drainage improvements as requested by the developer are eligible for reimbursement per Texas Local Government Code Section 212.072. ALTERNATIVES: This project will extend two new streets and improve the stormwater drainage for the new subdivision. An alternative to utilizing Developer Participation funds from available Bond monies to construct the required street and drainage improvements would be to construct the streets and drainage channels under a City initiated CIP project. This option would most likely delay the required streets and drainage channel 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 residential subdivision in a timely manner. FISCAL IMPACT: The total estimated project cost for the streets and drainage improvements is $1,948,535.33. The City’s participation amount for this project is $698,177.56 and will be funded from an approved City Bond that has funds earmarked to improve existing or construct new City streets and other related improvements. The 2016 Bond has sufficient funds available to reimburse developers, through participation agreements, for the construction of new streets and storm water drainage improvements. This project will construct new City streets with curb and gutter and improve storm water drainage channels as part of the development of the planned subdivision named Calallen South Unit 1. This request is a one-time cost associated with the development of the project. Funding Detail: Fund: Developer Participation Bond 2016 Organization/Activity: 20274-3702-EXP Calallen South Unit 1 Mission Element: 284 Oversite of Land Development & Public Infrastructure Process Project # (CIP Only): 20274 Calallen South Unit 1 Account: 550910 RECOMMENDATION: Staff recommends approval. Although the request is not in accordance with UDC Section 8.4 City Participation in Streets and Drainage Crossings, which requires street construction to a level higher than a residential collector (UDC 8.4.1A), the project fulfills the recent Northwest Policy initiative to incentivize housing in the Northwest Corridor. The project is consistent with Section 212.072 of the Texas Local Government Code. The construction of Silverado Drive and Emory Drive, and the stormwater drainage channels oversizing improvements associated with Calallen South Unit 1, are in accordance with the Urban Transportation Plan and Unified Development Code. LIST OF SUPPORTING DOCUMENTS: Resolution (with exhibit) Presentation, Location Map Page 1 of 2 Resolution authorizing developer participation agreement with Walker Holdings and Development, LLC to reimburse developer up to $698,177.56 for construction of Silverado Drive, Emory Drive and stormwater drainage channel improvementsas part of a City initiated effort to incentivize single-family housing in Calallen near Steel Dynamics Plant in nearby Sinton, Texas. WHEREAS, the City is participating in the Developer’s construction of Silverado Drive and Emory Drive; WHEREAS, the City is participating in the Developer’s oversizing and improvement of drainage channels “A”, “B”, and “C” as outline in the plans; and WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code; 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 developer participation agreement (“Agreement”) with Walker Holdings and Development, LLC (“Developer”) to reimburse developer up to $698,177.56 for the City’s participation in the construction of Silverado Drive, Emory Drive, and stormwater drainage channel improvements for the development of Calallen South Unit 1, Corpus Christi, Nueces County, Texas. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Exhibit 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521~ FAX 361 882-1265 STREET & SURFACE ITEMS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 2" HMAC 16681 SY 17.00 283,577.00 2 8" CRUSHED LIMESTONE BASE TO 2'BC 9147 SY 22.00 201,234.00 3 6" CRUSHED LIMESTONE BASE TO 2'BC 12125 SY 17.00 206,125.00 4 8" LIME STABILIZED SUBGRADE TO 2'BC 23535 SY 5.00 117,675.00 5 6" CURB & GUTTER 10924 LF 13.50 147,474.00 6 5' CONCRETE VALLEY GUTTER 90 SF 30.00 2,700.00 7 CONCRETE WALK 42782 SF 3.50 149,737.00 8 6" PCCP 1983 SY 56.00 111,048.00 9 CLEARING & GRUBBING 23.5 LS 1,000.00 23,500.00 10 EXCAVATION 1 LS 125,000.00 125,000.00 11 END OF ROAD OBJECT MARKERS 5 SETS 300.00 1,500.00 $1,369,570.00 STORM SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 15" RCP 418 LF 34.00 14,212.00 1 18" RCP 510 LF 38.00 19,380.00 2 21" RCP 1031 LF 45.00 46,395.00 2 24" RCP 511 LF 48.00 24,528.00 4 30" RCP 134 LF 60.00 8,040.00 4 33" RCP 84 LF 65.00 5,460.00 5 36" RCP 559 LF 74.00 41,366.00 5 42" RCP 293 LF 80.00 23,440.00 5 54" RCP 242 LF 100.00 24,200.00 8 MANHOLE 10 EA 3,200.00 32,000.00 6 INLET 24 EA 2,700.00 64,800.00 9 END OF PIPE RIPRAP STRUCTURE 3 EA 3,400.00 10,200.00 9 OFFSITE CHANNEL EXCAVATION (CHANNELS "A", "B" AND "C")1 LS 125,000.00 125,000.00 9 END OF PIPE REBAR INSTALLATION 2 SETS 2,000.00 4,000.00 $443,021.00 SUBTOTAL CONSTRUCTION $1,812,591.00 7.5% ENGINEERING, SURVEYING & TESTING 135,944.33 TOTAL $1,948,535.33 CALALLEN SOUTH UNIT 1 PRELIMINARY COST ESTIMATE 05/29/20 18036-PCE-APPORTIONMENT Page 1 of 2 Exhibit 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521~ FAX 361 882-1265 STREET & SURFACE ITEMS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 6" CURB & GUTTER 3185 LF 13.50 42,997.50 2 5' CONCRETE VALLEY GUTTER 90 LF 30.00 2,700.00 3 2" HMAC 3933 SY 17.00 66,861.00 4 4" THICK R/C WALK 11702 SF 3.50 40,957.00 5 6" PCCP 1118 SY 56.00 62,608.00 6 8" CRUSHED LIMESTONE BASE TO 2'BC 6072 SY 22.00 133,584.00 7 8" LIME STABILIZED SUBGRADE TO 2'BC 7434 SY 5.00 37,170.00 8 CLEARING & GRUBBING 2.2 AC 1,000.00 2,200.00 9 EXCAVATION 7434 SY 2.50 18,585.00 10 STREET SIGNS 2 EA 350.00 700.00 $408,362.50 OFFSITE DRAINAGE ITEMS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 18" RCP 40 LF 38.00 1,520.00 2 21" RCP 575 LF 45.00 25,875.00 3 24" RCP 20 LF 48.00 960.00 4 36" RCP 55 LF 74.00 4,070.00 5 42" RCP 166 LF 80.00 13,280.00 6 54" RCP 242 LF 100.00 24,200.00 7 5' INLET 5 EA 2,700.00 13,500.00 8 MANHOLE 4 EA 3,200.00 12,800.00 9 CLEARING & GRUBBING 5.7 AC 1,000.00 5,700.00 10 END OF PIPE RIPRAP STRUCTURE 3 EA 3,400.00 10,200.00 11 END OF PIPE REBAR INSTALLATION 2 SETS 2,000.00 4,000.00 12 OFFSITE CHANNEL EXCAVATION (CHANNELS "A", "B" AND "C")1 LS 125,000.00 125,000.00 $241,105.00 SUBTOTAL $649,467.50 7.5% ENGINEERING, SURVEYING, & TESTING 48,710.06 TOTAL ENTRANCE STREETS AND OFFSITE DRAINAGE $698,177.56 CITY REIMBURSEMENT OF ENTRANCE STREETS, SILVERADO DRIVE, FRONTAGE ROAD TO STA. 9+81.41 & EMORY DRIVE, FRONTAGE ROAD TO STA. 7+14.38, AND OFFSITE DRAINAGE Page 2 of 2 INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2.Premises – Operations 3. Products/Completed Operations Hazard 4.Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8.Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10.Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1.Owned 2.Hired & Non-owned 3.Rented & Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION (for paid employees) EMPLOYER’S LIABILITY Which Complies With The Texas Workers’ Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II.ADDITIONAL REQUIREMENTS A. Contractor must obtain workers’ compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers’ compensation obligations incurred will be promptly met. An “All States endorsement shall be included for Companies not domiciled in Texas. 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 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 Management 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, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. •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. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 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 and completed operations and activities 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. Exhibit 4 Page 3 of 3 Exhibit 5 Participation Agreement City Council July 14, 2020 Walker Holdings and Development LLC ( Calallen South Unit 1) 2 Location Map 3 Project Map Streets 4 Project Map Drainage 5 Approval The request submitted by the applicant is in accordance with Texas Local Government Code 212, supports the Northwest Corridor development initiative, and the applicant paid the required application fee. Recommendation DATE: June 1, 2020 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 CAPTION: Special Board Meeting of the Corpus Christi Housing Finance Corporation regarding the redevelopment of the Ward Building. SUMMARY: The purpose is to consider approving the plans for redevelopment of the Ward Building and granting an extension of .one year to close the construction financing for the redevelopment due to financing delays caused by COVID-19. BACKGROUND AND FINDINGS: On August 29, 2018, the CCHFC sold the historic Ward Building located at N. Chaparral and Peoples Street to William Hoover for the sum of $150,000 on the condition that within two years the developer would submit to the CCHFC for approval plans for the redevelopment of the building and obtain a construction loan for the redevelopment. Plans have been finalized for the development of 10,000 square feet of commercial space, 14 art studios and 8 multi-family units in the restored building which consists of a ground floor, mezzanine, and two additional floors. The construction plans have been completed and nomination packages have been filed with the Texas Historical Commission and the US Department of the Interior for approval to be placed on the National Register of Historic Places. A commitment for construction financing had been obtained and plans were to begin construction this summer, but the lender has placed a hold on the loan until markets stabilize due to the uncertainties created by the COVID-19 pandemic. Nationally, rental properties are facing many challenges, and commercial and multi-family projects currently financed are requiring loan modifications in order to remain viable. The developer is requesting approval of the plans for redevelopment in order to satisfy the first part of the obligation under the 2018 conveyance but needs an additional year in order to finalize the construction financing. ALTERNATIVES: The Corporation could choose not to approve the redevelopment of the Ward Building. Special Board Meeting of the Corpus Christi Housing Finance Corporation AGENDA MEMORANDUM Action Item for the City Council Meeting July 14, 2020 FISCAL IMPACT: No funding is required from the CCHFC in connection with the Ward Building. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: It is the recommendation of staff to approve the plans for redevelopment of the Ward Building and extension for closing the construction loan. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Unapproved October 1, 2019, Board Meeting Minutes Treasurer’s Report Plans for Redevelopment of the Ward Building AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Date: Tuesday, July 14, 2020 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. President Rudy Garza calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Rudy Garza, President Michael T. Hunter, Vice President Roland Barrera Paulette Guajardo Gil Hernandez Joe A. McComb Ben Molina Everett Roy Greg Smith Officers Peter Zanoni, General Manager Samuel “Keith” Selman, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3 PUBLIC COMMENT – AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will broadcast at cc.texas.com/service/councilmeeting-agendas-minutes- video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the city Council should be provided in writing format and presented to the City Secretary and/or designee no later than five minutes after the st art of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into record for each meeting. This testimony shall serve as the required public testimony pursuant to the Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. . 4. Approve minutes of October 1, 2019, board meeting. 5. Treasurer’s Report. 6. Motion to approve the plans for redevelopment of the Ward Building to include 10,000 square feet of commercial space, 14 art studios and 8 multi-family units and grant an extension of one year to close the construction financing for the redevelopment due to financing delays caused by COVID-19. 7. Adjournment MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING October 1, 2019 3:24 p.m. PRESENT ABSENT Board of Directors Board of Directors Officers Rudy Garza, President Everett Roy Peter Zanoni, General Manager Michael T. Hunter, VP Samuel “Keith” Selman, Asst. Gen, Mgr. Roland Barrera Rebecca Huerta, Secretary Paulette Guajardo Paul Pierce, Asst. Secretary Gil Hernandez Alma Casas, Treasurer Joe McComb Judy Villalon, Asst. Treasurer Ben Molina Greg Smith President Garza called the meeting to order in the Council Chambers of City Hall at 3:24 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Garza referred to Item 3 and called for public comment. There were no comments from the public. President Garza referred to Item 4 and called for approval of the minutes of the August 21, 2018 meeting. Board Member Hunter made a motion to approve the minutes as presented, seconded by Board Member Molina, and passed unanimously (Board Member Roy – absent). President Garza referred to Item 5. Treasurer Constance Sanchez presented the Treasurer’s Report ending June 30, 2019. There were no questions. President Garza referred to Item 6, Election of Officers. Board Member Molina made a motion to elect Peter Zanoni, General Manager; Samuel “Keith” Selman, Assistant General Manager; Rebecca Huerta, Secretary; Paul Pierce, Assistant Secretary; Alma Casas, Treasurer; and Judy Villalon, Assistant Treasurer, seconded by Board Member Hunter, and passed unanimously (Board Member Roy – absent). Board Member Smith made a motion to re-elect Rudy Garza, President, seconded by Board Member Hunter and passed unanimously (Board Member Roy – absent). Board Member Molina made a motion to re-elect Michael T. Hunter, Vice-President, seconded by Board Member Smith and passed unanimously (Board Member Roy – absent). Minutes – CCHFC October 1, 2019 – Page 2 President Garza referred to Item 7. Board Member Molina made a motion to approve Item 7, seconded by Board Member Hunter. The Corpus Christi Housing Finance Corporation’s (Corporation) legal counsel, John Bell, stated that the purpose of this and the next two Items, is to get the books and records in order, establish a formal contract between the Corporation and the City of Corpus Christi to handle the investments and an agreement with TexPool. Mr. Bell stated that the only revenue producing activity of the Corporation, at this time, are the deferred development fees being paid from the Costa Tarragona Apartments. The motion passed unanimously (Board Member Roy – absent). President Garza referred to Item 8. Assistant Treasurer Judy Villalon presented information on the following topics: that the purpose of this Item is to adopt the investment policy and investment strategies for the Corpus Christi Housing Finance Corporation; each governing body of a non-profit corporation may allow for the investment of its funds in investments authorized by the Public Funds Investment Act and in compliance with the investment policy approved by the governing body; and that, on an annual basis, this policy will be brought forward for adoption as required by the Public Funds Investment Act. Board Member Smith made a motion to approve Item 8, seconded by Board Member Molina and passed unanimously (Board Member Roy – absent). President Garza referred to Item 9. Assistant Treasurer Judy Villalon presented information on the following topics: that the purpose of this Item is to authorize participation in the TexPool Investment Pool and designating authorized representatives; under Item 7 on this agenda, an agreement was approved for the City of Corpus Christi to manage the investment of the Corpus Christi Housing Finance Corporation’s (Corporation) funds; and that, the investment policy, approved in Item 8 of this agenda, names the investment officers of the Corporation as the investment officers of the City of Corpus Christi, who are the Director of Finance & Business Analysis, the City Treasurer and the Investment Analyst. Board Member Barrera made a motion to approve Item 9, seconded by Board Member Guajardo and passed unanimously (Board Member Roy – absent). There being no further business to come before the Corpus Christi Housing Finance Corporation, President Garza adjourned the meeting at 3:31 p.m. CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC) CCHFC Special Board Meeting July 14, 2020 Financial Position for the Seven Months Ended April 30, 2020 2 Beginning Fund Balance (10/1/2019)$405,979 Net change for the period 68,997 Ending Fund Balance (4/30/2020)$474,976 Assets Cash, cash equivalents & investments 474,976$ Accounts Receivable 302,423 Total assets 777,398$ Liabilities Unearned revenue 302,423$ Fund Balance Restricted 474,976 Total liabilities and fund balances 777,398$ CORPUS CHRISTI HOUSING FINANCE CORPORATION BALANCE SHEET APRIL 30, 2020 Revenues Charges for services 70,112$ Earnings on investments 212 Total revenues 70,323 Expenditures Community Development 1,327 Excess of revenues over expenditures 68,997$ Fund Balance at October 1, 2019 405,979 Fund balance at April 30, 2020 474,976$ CORPUS CHRISTI HOUSING FINANCE CORPORATION STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE SEVEN MONTHS ENDED APRIL 30, 2020 CCHFC July 14, 2020 Ward Building 541 N.Chaparral 1 2 Ward Building 3 Ward Building –First Floor White Box Finish for Gallery, Retail and Restaurant Space 4 Ward Building –Mezzanine White Box Finish for Collaborative Work Space 5 Ward Building –Second Floor Artist Work Spaces (Approx. 14) 6 Ward Building –Third Floor Loft Apartments (Approx. 8) 7 Ward Building –White Box Space 8 Ward Building –Gallery Space 9 Ward Building –Loft Space 12 DATE: July 1, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director Public Works Department richardm5@cctexas.com (361) 826-3419 CAPTION: Ordinance changing the name of William Street to Lomax Street located in City Council District 1. SUMMARY: The City received an application from Janet Maxwell to rename William Street, which runs from Shoreline Boulevard to Lower Broadway Street, to Lomax Street. BACKGROUND AND FINDINGS: Janet Maxwell submitted a preliminary request to rename William Street to Lomax Street. The City Secretary and the City Traffic Engineer reviewed the request to determine compliance per Section 49- 1 and Council Policy No. 7, Naming of Streets of the City Code. It was determined that the request did not comply with Council Policy 7.b.4 because “William Street” is reflected on the 1852 Plan of Corpus Christi and has existed, within the original boundary of the 1852 Plan of Corpus Christi, for a period of greater than 50 years. Both constituted reasons why the request was initially determined to be in non-conformance with Council Policy No. 7. On December 20, 2019, the City Secretary notified the City Council of the street renaming request and the determination that it did not satisfy the Council Policy. At the next available Council meeting on January 14, 2020, City Council directed the City Secretary to move forward with the request. Mrs. Maxwell submitted an official application and associated fees to the City to further research and process the request. City ordinance requires that all affected property owners be contacted and surveyed to demonstrate support or opposition to the street renaming. Only three (3) properties were identified to addressed off of William Street. All three (3) properties were owned by the applicant, Janet Maxwell. Since greater than 75 percent support was achieved, the City Traffic Engineer was required to obtain comment in writing from the Director of Engineering , City Utilities Office Manager, Director of Planning, City Landmark Commission, Police Chief, Nueces County Historical Society, Fire Chief, Nueces County Historical Commission and Postmaster. Amongst the officials, committees and organizations surveyed, only the Landmark Commission expressed opposition to the street renaming. If the ordinance is approved, a copy must be provided to all the officials, committees, and organizations who were surveyed. The cost for fabrication and field installation cost must be paid by the applicant prior to replacement of street name signage. If the application is denied any fees paid to the City to process and research the application is non-refundable. ALTERNATIVES: 1. Approve Renaming of William Street to Lomax Street. 2. Do not Renaming of William Street to Lomax Street. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting July 14, 2020 Second Reading Ordinance for the City Council Meeting July 21, 2020 Ordinance Renaming William Street to Lomax Street FISCAL IMPACT: No fiscal impact of for providing comment. RECOMMENDATION: City Staff recommends City Council conduct a public hearing to determine whether adoption of the ordinance is warranted based on Section 49-1 of the City Code. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Preliminary Street Renaming Application Surveys Ordinance changing the name of William Street to Lomax Street located in City Council District 1 WHEREAS, after all notices required by Section 49-1 of the City Code, a public hearing was held during a meeting of the City Council on July 14, 2020, during which all interested persons were allowed to be heard; and WHEREAS, City Council finds that a recognized purpose of local, regional, statewide or national significance justifies changing the name of William Street to Lomax Street, between Shoreline Boulevard and Upper Broadway Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The name of William Street is changed to Lomax Street, between Shoreline Boulevard and Upper Broadway Street, located in downtown Corpus Christi. SECTION 2. A copy of this ordinance shall be furnished by the City Secretary to the Postmaster, and the Director of Public Works or designee is authorized and directed to remove any street signs or markers which are erroneous after the pass age of this ordinance and to erect new street signs or markers at appropriate places designating the correct name of the street. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 4. If for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________ 2020, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of ___________ 2020, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED on this the _______ day of ___________ 2020. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor STREET RENAMING COMMENT FORM TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT Located at City Hall (1201 Leopard Street, Third Floor) For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or call the City’s Traffic Engineering Department at (361) 826-3547. BACKGROUND The City of Corpus Christi received a request to rename William Street, located between North Lower Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing from the following officials, committees, and organizations on the proposed renaming: Director of Engineering Services Police Chief City Landmark Commission Director of Planning Fire Chief City Utilities Office Manager Nueces County Historical Society Postmaster Nueces County Historical Commission COMMENTS The City Council will make the final decision on the proposed street renaming. Comments provided below become public record. Please check one of the following: (_) I support renaming William Street to “Lomax Street”. OR (_) I oppose renaming William Street to “Lomax Street”. Comments: Name: ______________________________________________________________ Title or Organization: ____________________________________________________________ STREET RENAMING COMMENT FORM TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT Located at City Hall (1201 Leopard Street, Third Floor) For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or call the City’s Traffic Engineering Department at (361) 826-3547. BACKGROUND The City of Corpus Christi received a request to rename William Street, located between North Lower Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing from the following officials, committees, and organizations on the proposed renaming: Director of Engineering Services Police Chief City Landmark Commission Director of Planning Fire Chief City Utilities Office Manager Nueces County Historical Society Postmaster Nueces County Historical Commission COMMENTS The City Council will make the final decision on the proposed street renaming. Comments provided below become public record. Please check one of the following: (_) I support renaming William Street to “Lomax Street”. OR (_) I oppose renaming William Street to “Lomax Street”. Comments: Name: ______________________________________________________________ Title or Organization: ____________________________________________________________ STREET RENAMING COMMENT FORM TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT Located at City Hall (1201 Leopard Street, Third Floor) For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or call the City’s Traffic Engineering Department at (361) 826-3547. BACKGROUND The City of Corpus Christi received a request to rename William Street, located between North Lower Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing from the following officials, committees, and organizations on the proposed renaming: Director of Engineering Services Police Chief City Landmark Commission Director of Planning Fire Chief City Utilities Office Manager Nueces County Historical Society Postmaster Nueces County Historical Commission COMMENTS The City Council will make the final decision on the proposed street renaming. Comments provided below become public record. Please check one of the following: (_) I support renaming William Street to “Lomax Street”. OR (_) I oppose renaming William Street to “Lomax Street”. Comments: Name: ______________________________________________________________ Title or Organization: ____________________________________________________________ STREET RENAMING COMMENT FORM TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT Located at City Hall (1201 Leopard Street, Third Floor) For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or call the City’s Traffic Engineering Department at (361) 826-3547. BACKGROUND The City of Corpus Christi received a request to rename William Street, located between North Lower Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing from the following officials, committees, and organizations on the proposed renaming: Director of Engineering Services Police Chief City Landmark Commission Director of Planning Fire Chief City Utilities Office Manager Nueces County Historical Society Postmaster Nueces County Historical Commission COMMENTS The City Council will make the final decision on the proposed street renaming. Comments provided below become public record. Please check one of the following: (_) I support renaming William Street to “Lomax Street”. OR (_) I oppose renaming William Street to “Lomax Street”. Comments: Name: ______________________________________________________________ Title or Organization: ____________________________________________________________ STREET RENAMING COMMENT FORM TRAFFIC ENGINEERING DIVISION- PUBLIC WORKS DEPARTMENT Located at City Hall (1201 Leopard Street, Third Floor) For more information on the street renaming process, visit the City of Corpus Christi website: www.cctexas.com or call the City’s Traffic Engineering Department at (361) 826-3547. BACKGROUND The City of Corpus Christi received a request to rename William Street, located between North Lower Broadway and North Shoreline Boulevard, to Lomax Street. City ordinance requires comment in writing from the following officials, committees, and organizations on the proposed renaming: Director of Engineering Services Police Chief City Landmark Commission Director of Planning Fire Chief City Utilities Office Manager Nueces County Historical Society Postmaster Nueces County Historical Commission COMMENTS The City Council will make the final decision on the proposed street renaming. Comments provided below become public record. Please check one of the following: (_) I support renaming William Street to “Lomax Street”. OR (_) I oppose renaming William Street to “Lomax Street”. Comments: Name: ______________________________________________________________ Title or Organization: ____________________________________________________________ City Council Presentation July 14, 2020 Ordinance Renaming William Street to Lomax Street 1 Location Map William St. – N. Shoreline Blvd. to Lower Broadway 2 Background The City received a preliminary application from an eligible requestor to rename William Street, from Shoreline Blvd. to Lower Broadway Street, to Lomax Street. City Traffic Engineer and City Secretary met to review request to determine its adherence to Council Policy No. 7. Based on the information provided on the preliminary application, staff finds that the request does not comply with Council Policy No. 7. The City Secretary notified Council the request does not comply with Council Policy No. 7 on December 20, 2019. City Council directed The City Secretary to move forward with the application on January 14, 2020 Only 3 properties were identified to be affected by the street reming. All 3 are owned by the applicant, Janet Maxwell. Based on 75 percent or more support, the City Traffic Engineer received comment from various officials, committees and organizations. Various officials, organizations and committees were requested to comment in writing. Only the Landmark Commission expressed opposition to the street renaming. City Council Policy No. 7 In any case, the City Council declines to rename any street: …that is reflected on the 1852 Plan of Corpus Christi, or a street name that has existed within the original boundary of the 1852 Plan of Corpus Christi for a period of greater than 50 years. DATE: June 11, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Ordinance approving a three year Business Incentive Agreement between the Type B Corporation and The Botanical and Nature Institute of South Texas, Inc. dba South Texas Botanical Gardens & Nature Center in the amount of $89,000 for the resurfacing of the nature trail at 8545 South Staples Street effective upon signature of the City Manager or designee; appropriating funds in the amount of $89,000 from the Type B Economic Development Fund; and amending the budget. SUMMARY: This ordinance authorizes a contract with The Botanical and Nature Institute of South Texas, Inc. dba South Texas Botanical Gardens & Nature Center to improve their nature trail and help improve attractions within the City. BACKGROUND AND FINDINGS: The South Texas Botanical Gardens and Nature Center is requesting $89,000 for the installation of 3,000 feet of new A.D.A. accessible trails (Confirmed by Gignac Landscape Architects) to increase resident and visitor access to more remote natural areas adjacent to Oso Creek referred to as Oso Creek Ridge. The proposed caliche/granite trail will replace existing grass/mulch trails in this area which are not accessible after rain. The new 10-foot wide trail will be constructed with a 4-inch caliche base and 1-inch decomposed granite top, an affordable, commonly used trail option that provides a natural look and eliminates the potential introduction of oils and chemicals associated with asphalt to sensitive native upland and wetland habitats. The Corpus Christi Regional Economic Development Corporation (CCREDC) received an application from the Botanical Gardens and the application was vetted and presented to CCREDC Board on January 9, 2020. A motion was passed forwarding the application to the Type B Board recommending approval of the grant. The Type B Board unanimously passed a motion to grant the Botanical Gardens $89,000 on January 27, 2020. Currently this 21-acre section of Oso Ridge is only accessible during dry periods by those with good walking mobility with trail consisting of primitive mulch and mowed grass pat hway. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 14, 2020 Second Reading Ordinance for the City Council Meeting of July 21, 2020 $89,000 Type B Economic Development Grant for The Botanical and Nature Institute of South Texas, Inc. Establishing caliche/granite pathways on the Oso Creek Ridge provides stability for wheelchair and mobility scooter access to explore natural areas, increasing access to brushland regions at our site by over 400 percent. Our existing Mary Hope Brennecke Nature Trail provides native habitat access to about 4.5 acres. The proposed paving of Oso Creek Ridge Trail would make an additional 21 acres of brushland/grassland accessible plus visibility of adjacent our large 52-acre open shallow wetland and Oso Creek, all of which provides great birding opportunities for ecotourism. The proposed 10-foot wide pathway also will allow emergency vehicle access to this 21-acres which has direct access to S. Staples Street near the Oso Creek Bridge in the event of problem that requires first responders or other support vehicle access. See the attached flyer. Expanding the trail also provides structured direction for residents and visitors interested in exploring our unique South Texas ecosystem in a safe, controlled space and reducing unknowingly wandering off the established pathways which can be more dangerous with uneven ground and potential dangerous camouflaged wildlife encounters. Defined pathways also encourage additional exploration of youth groups which visit, providing easier access to more pristine section of the property. Solidifying pathways also provide opportunities to attract fitness tourists to runs and walks in natural areas as opposed to the regular events along roadways and developed urban areas. ALTERNATIVES: The City Council may choose to fund a lesser amount or none at all. This trail will improve an attraction within the City. These types of improvements make the City more attractive to citizens and is part of the quality of life issues that all cities face. FISCAL IMPACT: This item will expend a one-time amount of $89,000 of the Type B Incentive Economic Development funds. There are no funds budgeted for Small Business Incentives in FY2020, which is why this item also requests a budget amendment. As of December 31, 2019, there is an FY2020 Economic Development fund balance of $459,443. This item will encumber $89,000 and bring the available balance to $370,443. Funding Detail: Fund: 1145- Type B Fund Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: 251850 RECOMMENDATION: Staff recommends approval of a grant of $89,000 to The Botanical and Nature Institute of South Texas, Inc. to improve their nature trail. These types of improvements make the City more attractive to citizens and is part of the quality of life issues that the all cities face. LIST OF SUPPORTING DOCUMENTS: Botanical Gardens Flyer Ordinance Agreement Letter from Architect confirming ADA compliance Page 1 of 2 Botanical Gardens Ordinance approving a three year Business Incentive Agreement between the Type B Corporation and The Botanical and Nature Institute of South Texas, Inc. dba South Texas Botanical Gardens & Nature Center in the amount of $89,000 for the resurfacing of the nature trail at 8545 South Staples Street, effective upon signature of the City Manager or designee; appropriating funds in the amount of $89,000 from the Type B Economic Development Fund; and amending the budget. Whereas, the Corpus Christi B Corporation (“Type B Corporation”) has budgeted funds to assist small businesses in the City of Corpus Christi, Texas ("City"). Whereas, the Type B Corporation has requested proposals that will aid small businesses within the City, and determined that the proposal from The Botanical and Nature Institute of South Texas, Inc. for improvement to their nature trail will best satisfy this goal; Whereas, City Council deems that it is in the best interest of the City and citizens to approve the business incentive agreement for The Botanical and Nature Institute of South Texas, Inc. for improvements to their nature trail between the Type B Corporation and The Botanical and Nature Institute of South Texas, Inc.; Whereas, the Board of the Directors of the Type B Corporation (the “Board”) approved an agreement with The Botanical and Nature Institute of South Texas, Inc. for an incentive of up to $89,000 at its meeting on January 27, 2020. Now , therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement between the Type B Corporation and The Botanical and Nature Institute of South Texas, Inc., which will improve their nature trail is approved. SECTION 2. That funds in the amount of $89,000 are appropriated from the unreserved fund balance in the No. 1145 Type B Fund for a business incentive grant from the Type B Corporation to The Botanical and Nature Institute of South Texas, Inc. for improvements to their nature trail. SECTION 3. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating Fund, is amended to increase proposed expenditures in the No. 1145 Type B Fund by $89,000 for a business incentive grant from the Type B Corporation to The Botanical and Nature Institute of South Texas, Inc. for improvements to their nature trail. ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ ____________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 Botanical Gardens That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor PROJECT DESCRIPTIONS The South Texas Botanical Gardens and Nature Center is requesting $89,000 for the installation of 3,000 feet (0.52 miles) of new A.D.A. accessible trails to increase visitor access to more remote natural areas adjacent to Oso Creek referred to as Oso Creek Ridge. The proposed caliche/granite trail will replace existing grass/mulch trails in this area which are not accessible after rain. The new 10-foot wide trail will be constructed with soil barrier (such as TerraGrid U-200) topped with 4-inch caliche base and 1-inch decomposed granite top, an affordable, commonly used trail option that provides a natural-look and eliminates the potential introduction of oils and chemicals associated with asphalt to sensitive native upland and wetland habitats. A soil barrier cloth will be used beneath the caliche base to reduce its incorporation into the clay soils of the area. Eventually, an additional phase of 1100 linear feet will be added to provide access to an additional bird blind overlooking large wetland if the matching grant is awarded. Figure 12. Example of Caliche/Granite Nature Trail at Botanical Gardens Figure 13. Existing Mulch Trail on Oso Creek Ridge Figure 14. Aerial View of South Texas Botanical Gardens & Nature Center (8545 S. Staples Street). Existing mulch trail on Oso Creek Ridge appears as tan lines between creek and wetland. Currently this 21-acre section of Oso Ridge is only accessible during dry periods by those with good walking mobility with trail consisting of primitive mulch and mowed grass pathway. Establishing caliche/granite pathways on the Oso Creek Ridge provides stability for wheelchair and mobility scooter access to explore natural areas, increasing access to brushland regions at our site by over 400 percent. Our existing Mary Hope Brennecke Nature Trail provides native habitat access to about 4.5 acres. The proposed paving of Oso Creek Ridge Trail would make an additional 21 acres of brushland/grassland accessible plus visibility of adjacent our large 52-acre open shallow wetland and Oso Creek, all of which provides great birding opportunities for nature tourists. The proposed pathway will connect to a driveway opening on S. Staples Street for vehicular access to the edge of this pedestrian walkway. Expanding the trail also provides structured direction for visitors interested in exploring our unique South Texas ecosystem in a safe, controlled space and reducing unknowingly wandering off the established pathways which can be more dangerous with uneven ground and potential dangerous camouflaged wildlife encounters. Defined pathways also encourage additional exploration of youth groups which visit, providing easier access to more pristine section of the property. Solidifying pathways also provides opportunities to attract fitness tourists to runs and walks in natural areas as opposed to the regular events along roadways and developed urban areas. POTENTIAL MATCH Awarding this grant will also allow the South Texas Botanical Gardens & Nature Center to use it as a match for a Texas Parks & Wildlife Department (TPWD) Trails grant for $200,000 with a February 1, 2020 deadline. The TPWD grant will ask for Phase 2 (1,100 additional linear feet), upgrade of the caliche/granite pathways with addition of a “Klingstone” polymer top that will hold the top-coat of granite together as a solid unit, thus reducing erosion and minimizing upkeep due to weathering. This particular product has been recommended by other members of Texas Association of Botanical Gardens & Arboreta and is proprietary with Howell Pathways. TPWD grant also will provide materials/labor for preventative maintenance and selective replacement of planks on our Wetlands Awareness Boardwalk which connects the main Botanical Gardens site to the new proposed trail on Oso Creek Ridge. The Botanical Gardens also has $10,000 currently available from a grant by Earl C. Sams Foundation that is available for overage/contingency items for this project. Figure 15. Bobcats are still spotted in nature areas a the Botanical Gardens, attracting photographers and nature enthusiasts. This bobcat was photographed by Henry Nabors in Spring 2019, providing a memorable and exciting experience during his visit. South Texas Botanical Gardens & Nature Center - Oso Creek Loop Trail Main Loop Trail (Yellow) is approx. 3,000 linear feet. Extension to wetland bird blind (Red) is approximately 1,100 linear feet. BOTANICAL GARDENS LARGE WETLAND GATOR LAKE DATE: July 8, 2020 TO: Peter Zanoni, City Manager THROUGH: Constance P. Sanchez, Chief Financial Officer Steven Viera, Assistant City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis heatherh3@cctexas.com (361) 826-3227 STAFF PRESENTER: Name Title/Position Organization Heather Hurlbert Director of Finance and Business Analysis City of Corpus Christi BACKGROUND: This presentation is to provide an overview of the developer petitioned Tax Increment Reinvestment Zone (Ch 311 Tax Code) for developer reimbursement of street, sewer, stormwater and water infrastructure and development and subsequent maintenance of a 10-acre park. The proposed development will have 999 multi-family units, 777 townhomes, and 450,000 sq./ft of commercial space. The proposed 216.6 acre development is located on the southwest corner of South Padre Island Drive and Crosstown Expressway and is currently used for agriculture purposes. LIST OF SUPPORTING DOCUMENTS: PowerPoint- TIRZ #5 Introduction of potential new TIRZ on the southwest corner of South Padre Island Drive and Crosstown Expressway AGENDA MEMORANDUM Briefing for the City Council Meeting of July 14, 2020