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HomeMy WebLinkAboutC2026-085 - 6/23/2026 - Approved M \ SUPPLY AGREEMENT NO. 7240 I 55-Gallon Rain Barrels THIS 55-Gallon Rain Barrels Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Enviro World Corp ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide 55-Gallon Rain Barrels in response to Request for Bid No. 7240 ("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 shall provide 55-Gall Rain Barrels in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The term of this Agreement is three years beginning on the date executed by the City. The parties may mutually renew the term of this Agreement for up to zero additional zero period(s) (each an "Option Term"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Term. (B) At the end of the term of this Agreement or the final Option Term, the Agreement may, at the request of the City prior to expiration of the Term or final Option Term, continue on a month-to-month basis for up to six months, with compensation based on the applicable pro rata monthly amount of the total amount stated in section 3 of this Agreement. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Term. During the month-to-month term, either party may terminate the Agreement upon 30 days' advance written notice to the other party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $917,340.00, subject to approved amendments and changes. Payment will be made for goods delivered and accepted by the City within 30 days of Supply Agreement Standard Form Page 1 of 7 Approved as to Form: October 2025 completion, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Quote/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. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, TX 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: Amanda Howard - Contracts/Funds Administrator Corpus Christi Water Phone: 361-826-1894 Email: amandac@corpuschristitx.gov 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 shall 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 employee 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 Supply Agreement Standard Form Page 2 of 7 Approved as fo Form: October 2025 be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) The specific warranty provisions applicable to this Agreement are stated in Attachment D, which is attached and incorporated by reference into this Agreement as if fully set out here in its entirety. 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. 9. Quality/Quantity Adjustments. Any quantities indicated on Attachment B 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 Term. 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 the City's fiscal 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 that determination and decision is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform the work required by this Agreement as an independent contractor and shall furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant, or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the goods, Contractor may not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Form: October 2025 13. Amendments. This Agreement may be modified only in writing executed by an authorized representative of each party. 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. Reserved. 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: Amanda Howard - Contracts/Funds Administrator Corpus Christi Water 2726 Holly Road, Corpus Christi, TX 78415 Phone: 361-826-1894 Fax: 361-826-4495 IF TO CONTRACTOR: Enviro World Corp Attn: Basil Thompson 390 Deerhurst Drive, Brampton, Ontario L6T5H9 Phone: 905-792-1 133 Fax: n/a 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Form: October 2025 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) Termination for Cause. The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City may terminate this Agreement for convenience upon 30 days' advance written notice to the Contractor. In the event of a termination for convenience, the Contractor shall be compensated for all Services performed prior to the date of termination, and the City shall have no further obligation to the Contractor 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines and instructions, if any, for any equipment purchased by the City pursuant to this Agreement. Contractor shall provide such documentation upon delivery of the 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 shown 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Form: October 2025 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 law. 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 forum and venue for such disputes is the appropriate district or county court in Nueces County, Texas. In accordance with Chapter 2271 , Texas Government Code, if this contract has a value of $100,000 or more paid wholly or partly from public funds and the Contractor has 10 or more full-time employees, Contractor verifies that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. In accordance with Chapter 2274, Texas Government Code, Contractor verifies that the Contractor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the Agreement against a firearm entity or fire trade association. In accordance with Chapter 2276, Texas Government Code, Contractor verifies that the Contractor does not boycott energy companies and will not boycott energy companies during the term of this Agreement. 26. Public Information Act Requirements. This clause applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Form: October 2025 CONTRACTOR W i� 7IOffsOl? Signature: Basil Thompson(Jun 1,2026 17:30:28 EDT) Printed Name: Basil Thompson Title: CEO Date: 06/01/2026 CIT O O%PUS CHRISTI Sergio Villasana Director, Finance & Procurement M2026-052 uthoriz&d By Date: 06/24/2026 Cr,Uncil. 6/23/2026 Reviewed by: RR S B smirk 06/24/2026 7 Y��ftHv aytnn, HSB mith(Jun 24 202B 12-08-41 .nT) Contracts Manager Date ATTEST: Attached and Incorporated by Reference: Rebecca 1fgeyta Attachment A: Scope of Work Rebecca Huerta(Jun 24,2026 15:30:42 CDT) Attachment B: Quote/Bid/Pricing Schedule Rel3ecca HLlerta Attachment C: Insurance Requirements City Secretary Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 7240 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Form: October 2025 Attachment A: Scope of Work 1 General Requirements/Background Information The Contractor shall provide CCW with 55-gallon rain barrels on an as-needed basis. 2 Scope of Work A. Specifications for rain barrels: 1. Capacity: 55 gallons 2. Material: Polyethylene 3. Width: 24 inches 4. Height: 34 inches 5. Depth: 24 inches 6. Color: Any 7. All brass standard-sized spigot 8. Lid with mosquito-proof stainless steel mesh screen 9. Overflow hose with hose clamp 10. Child-proof screws (stainless steel) 11. Rectangular-shaped unit for stackable storage B. The Contractor shall deliver all barrels damage-free. The Contractor must replace any damaged unit at their expense. C. The Contractor shall ship all rain barrels to: 2726 Holly Road, Bldg #6 Corpus Christi, TX 78415 D. The Contractor shall provide a weatherproof company logo (Exhibit A). The logo will be provided to the awarded contractor via ]PEG. 3 City Contract Administrator The City's Contract Administrator shall arrange orders, amounts, and deliveries. The City's Contract Administrator will be the single point of contact for all matters, including non-scheduled deliveries and invoicing approvals. Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI FINANCE AND PROCUREMENT BID FORM RFB No. 7240 55-Gallon Rain Barrels Date: y Ma 29, 2026 PAGE 1 OF 1 ENVIRO WORLD CORF Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing the bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a) The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition concerning prices. b) Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with the City's Finance and Procurement office, pursuant to the Code of Ordinances, is current and true. c) Bidder is current with all taxes due, and the company is in good standing with all applicable governmental agencies. d) Bidder acknowledges receipt and review of all addenda for this RFB. e) Bidder acknowledges that in the event of a discrepancy between the unit price and the total price, the unit price will govern, and the City reserves the right to recalculate the tots 1. f) Bidder acknowledges that Pricing uer barrel will include cost, logo. and delivery. Year One Item Description UNIT QTY Unit Price Total Price 1 Rain Barrel 6,000 EA $49.69 $298,140.00 Year One Total Year Two Item Description UNIT QTY Unit Price Total Price 1 Rain Barrel 6,000 EA 50.90 $305,400.00 Year Two Total Year Three Item Description I UNIT+-QT=Y:=l Unit Price Total Price 1 Rain Barrel 16,000 EA $52.30 $313,800.00 Year Three Total �Grandtal I $917,340.00 Attachment C: Insurance Requirements The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts - Supply Agreements - Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. Attachment D: Warranty Requirements Enviro World Corporation warrants the FreeGarden Rain rain barrel under normal and suggested use, against cracking, deterioration or other manufacture defect for a period of two years after the date of delivery. Water damage due to freezing is not covered under this warranty. All accessories including screen, overflow hose, clamp, faucet, washer and nut, are not included in this warranty.