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
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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
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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
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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
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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 -
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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
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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.
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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
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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
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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
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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;
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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
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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
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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
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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
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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.
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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
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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
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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.
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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:
____________________________
____________________________
____________________________
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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THIRD PARTY DESIGNEE: (IF APPLICABLE)
Signature
Typed Name & Title of Delegated Third Party
Date
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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).
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_____ (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.
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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
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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.
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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]
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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
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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
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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
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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
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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
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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
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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.
.
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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:_________________________
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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
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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
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_____ 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
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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
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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:
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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.
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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.
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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
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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.
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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)
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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
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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.
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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
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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:
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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
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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
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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
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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.
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Supply Agreement Standard Form Page 6 of 7
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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.
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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
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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.
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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
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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:
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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.
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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
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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
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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:
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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.
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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.
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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
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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.
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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)
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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.
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Attachment B – Schedule of Pricing
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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.
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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:
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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