HomeMy WebLinkAboutC2018-179 - 3/27/2018 - NA 1
ASSIGNMENT AND ASSUMPTION
OF SERVICE AGREEMENT NO. 44444
FOR VAPOR MONITORING OF UNDERGROUND STORAGE TANKS
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT, dated as of date of last
signature (the "Assignment Agreement"), by and among THE CITY OF CORPUS CHRISTI,
TEXAS, a Texas home-rule municipal corporation (the "City"), 360Factors, Inc. dba RSA (the
Contractor")and EarthCon Consultants, Inc. (the "New Contractor");
WITNESSETH:
WHEREAS, the City executed a Service Agreement No. 4444 for Vapor Monitoring of
Underground Storage Tanks Service for Environmental and Strategic Initiatives (the
"Agreement")with the Contractor executed by the City on December 15, 2016; and
WHEREAS, the Contractor is responsible to perform vapor monitoring of underground
storage tanks services in accordance with the Agreement;
WHEREAS,the City's monthly payment to Contractor is not to exceed$425.00 per month;
WHEREAS, the City and the Contractor executed an extension to extend the term of the
Agreement until October 11, 2018 (the "Extension");
WHEREAS, the Contractor has requested City consent to assign Contractor's rights and
responsibilities under the Agreement to the New Contractor and the New Contractor wishes to
acquire all of Contractor's rights and responsibilities in the Agreement; and
WHEREAS, pursuant to Section 19 of the Agreement, no assignment of this Agreement
is effective unless the City Manager first gives written consent to such assignment;
NOW THEREFORE, in consideration of the premises and other good and valuable
consideration, the City, the Contractor and the New Contractor do hereby agree as follows:
Section 1. Contractor does hereby transfer and set over unto New Contractor all rights,
duties and obligations as Contractor in the Agreement from and after the date of last signature
hereof, for the remainder of the term of the Agreement.
Section 2. The Agreement and the Extension are attached and incorporated to this
Assignment Agreement as Exhibits 1 and 2 respectively. New Contractor has reviewed the
Agreement as extended by the Extension and New Contractor expressly represents and warrants
that New Contractor is fully qualified to perform all of the services for the City under the Agreement
as extended. In addition, New Contractor agrees to provide the insurance exhibit required by the
Agreement.
Section 3. New Contractor, in consideration of the execution and delivery of this
Assignment Agreement does hereby assume, effective upon the date of last signature hereof,for
the benefit of the City, all of the rights, duties and responsibilities as the Contractor under the
Agreement.
2018-179
3/27/18
EarthCon Consultants
INDEXED
2
Section 4. Contractor agrees to indemnify City of Corpus Christi, Texas,
its officers, agents, employees, (individually and collectively, 'Indemnitees) and
hold Indemnitees harmless from and against any and all claims, liens, damages,
demands, actions, causes of action, liabilities, lawsuits,judgments, losses, costs
and expenses (including but not limited to reasonable attorneys' fees and
expenses) asserted against or incurred by Indemnitees by reason of or arising out
of any failure by Contractor to perform or observe any of the obligations,
covenants, terms and conditions assumed by Contractor hereunder arising prior
to the date of last signature hereof
New Contractor agrees to indemnify City of Corpus Christi, Texas, its
officers, agents, employees, (individually and collectively, `Indemnitees)and hold
Indemnitees harmless from and against any and all claims, liens, damages,
demands, actions, causes of action, liabilities, lawsuits,judgments, losses, costs
and expenses (including but not limited to reasonable attorneys' fees and
expenses) asserted against or incurred by Indemnitees by reason of or arising out
of any failure by New Contractor to perform or observe any of the obligations,
covenants, terms and conditions assumed by New Contractor hereunder arising
on or after the date of last signature hereof.
Section 5. By the City Managers execution hereof, the City consents to the assignment
by Contractor to the New Contractor all of Contractor's rights, duties and responsibilities under
the Agreement.
Section 6. New Contractor agrees that the total amount to be paid to Contractor for all
services provided by New Contractor under the Agreement shall not exceed 5425 per month in
total as full compensation.
Section 7. Notices to New Contractor shall be issued to:
EarthCon Consultants, Inc.
Attn: General Counsel
1880 West Oak Parkway, Suite 106
Marietta, GA 30062
- Section 8. This Assignment Agreement shall be governed by, construed and interpreted
in accordance with the laws of the State of Texas.
Section 9. This Assignment Agreement is effective upon the execution of the last
signatory of this document. This Assignment Agreement is null and void and of no effect
whatsoever until fully executed by all three parties to this agreement.
[SIGNATURE PAGES TO FOLLOW]
3
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is agreed to by:
360Factors, Inc. dba RSA Corpus Christi, Texas
By: etr ( I
ACKNOWLEDGMENT
STATE OF TE )
1
(--q \- => )
COUNTY OF-NHEC S
BE IT REMEMBERED that on this day of , 2018 before me, the
(n1 unde signed, a Notary Public in and aforesaid County and State aforesaid, came
\JR mC c,1 \e who is personally known to be the person who executed the foregoing
instrument of wjiting, and duly acknowledged the execution of the foregoing instrument as the
. [title] of 360Factors, Inc. dba RSA Corpus Christi, Texas on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year last above written.
Notary Publib
My commission expires:
:.`;;a,;;e�e. MARY SAVAGE
•'`)/ NOTARY PUBLIC
State of Texas
Comm.Exp.06-23-2019
4
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is agreed to by:
NEW CONTRAC OR: EarthCon Consultants, Inc.
By:
Printed flame:
Title: rr.L ,:.c - u-
ACKNOWLEDGMENT
STATE OF �e_sarQ6 )
COUNTY O CCD - )
BE IT REMEMBERED that on this 3day of /141)/(,h, 2018 before me, the
4qdersigned, a Notary Public in and aforesaid County and State aforesaid, came
Jk r ` red of; who is personally known to be the person who executed the foregoing
instrument of writing, and duly acknowledged the execution of the foregoing instrument, as the
L\, _ [title] of EarthCon Consultants, Inc. on behalf of said corporation.
IN WITNESS WHEREOF, I have hemrttd.sgt fny hand and affixed my official seal the
day and year last above written. .‘SOA J•' C //,,.
.'• ssio' �O ,
Oe-j-62A/Lat&Qt-•
Notary Public - ;� SEPTEMBER N
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My_commission expires:
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2020
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THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is agreed to by:
CITY OF CORPUS CHRISTI, TEXAS
By: C 2?1cii )J
City Manager
Legal form approved on -111�+�- 2 7, ,2OI6
By
Assistant City A ey for the City Attorney.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged on Lt-( , 2018, by Margie C. Rose, City
Manager of the City of Corpus Christi, Texas, a municipal corporation, on behalf of said
corporation.
`" )Ptid, , MARY ANN PENA
�Qi!LQi < :� .,o; ID# 12816380-5
Notary blic 1 `A i•I Notary Public
Mycommission expires: !��+ STATE OF TEXAS
ipZ 0 22 , My Comm. Exp. 01-28-2022
f 18
EXHIBIT"A"
I
SERVICE AGREEMENT NO. 44444
--....k_.--/52 Vapor Monitoring of Underground Storage Tanks
Service for Environmental and Strategic Initiatives
THIS Vapor Monitoring of Underground Storage Tanks Service Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and 360Factors, INC dba RSA
("Contractor'), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Vapor Monitoring of Underground
Storage Tanks Service in response to Request for Bid/Proposal No. NA ("REB/
REP"), 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 Vapor Monitoring of Underground Storage
---- ----Tanks Service ("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 12 months,with performance commencing upon
the date of issuance of a notice to proceed from the Contract Administrator
or Purchasing Division. This Agreement includes an option to extend the term
for up to 2 additional 12-month periods ("Option Period"), provided, the
parties do so prior to expiration of the original term or the then-current Option
Period. The decision to exercise the option to extend the term of this
Agreement is, at all times, within the sole discretion of the City and is
conditioned upon the prior written agreement of the Contractor and the City
Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $5,100, 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. All pricing must
be in accordance with the attached Bid/Pricing Schedule, as shown in
City of Corpus Christi Page 1 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment 8, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
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: Sharon Bailey Lewis
Department: Environmental and Strategic Initiatives
Phone: 361-826-4066
Email:sharonl@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 001 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 Managers 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 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
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Services will not be rendered until the Contractor receives the signed
purchase release order.
7. Inspection and Acceptance. Any Services 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. 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. 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 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.
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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 if the subcontractors were not named at the time of
bid or proposal, 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.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
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 related 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: Sharon Bailey Lewis
Title: Environmental Program Specialist
Address: City Hall lsr Floor
1201 Leopard Street, 78401
Corpus Christi, Texas 78469-9277
Fax: 361-826-4681
IF TO CONTRACTOR:
360Factors, Inc. dba RSA
Attn: Christopher Duden
Title: COO
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Address: 5853 Leopard St.
Corpus Christi, TX 78408
Fax: 361-299-2676
17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT
OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE
INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO
BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE
OF INDEMNITEES, BUT NOT IF 8Y THE SOLE NEGLIGENCE OF
INDEMNITEES UNMIXED WiTH THE FAULT OF ANY OTHER PERSON.
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 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 perform the work specified in this Agreement or to keep any required
insurance policies in force during the entire term of this Agreement. The
Contract Administrator must give the Contractor written notice of the breach
City of Corpus Christi Page 5 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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. 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.
20. 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.
21. 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 and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. the Contractor's bid response (Exhibit 2)
22. 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.
23. Governing Law.This Agreement is subject to all federal, State, and local laws,
rules, and regulations. 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.
City of Corpus Christi Page 6 of 8
Service Agreement Standard Form
Approved as fo Legal Form 7/1/16
24. 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)
City of Corpus Christi Page 7 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
CONTRACTOR
Signature:
Printed Name: ��;��,,Sha o 1 ) ueE
Title: C o co
Date: \'Z\2\t A\'a
CITY OF CORPUS CHRISTI
Signature: AL.31.0r-
Printed Name: YS-amu.,, — 13-44,1"?
Title: Pru rv.w.-.. $ ...—
Date. I S'/ / fp
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. NA
Exhibit 2: Contractor's Bid/Proposal Response
City of Corpus Christi Page 8 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A; Scope of Work
III.GENERAL REQUIREMENTS:
A. VAPOR MONITORING
1. The depth to groundwater in each monitoring well shall be noted to ensure that the
groundwater does not interfere with the vapor monitoring tests.The groundwater
shall not be higher than the screen or perforations in the pipe of the monitor well.
2. If groundwater prevents vapor monitoring,the City's Environmental Office shall be
notified by phone immediately so that the City can file an amended registration
form to indicate a change from a vapor monitoring well to a groundwater monitor
well. Vapor monitoring will cease at this location until further notice from the City.
3. The Vapor Monitoring equipment shall be designed to detect vapors from the stored
regulated substances and shall be capable of detecting any significant increase in
vapdr concentrations above pre-existing background levels. Pribr to initiating vapor
monitoring,the successful bidder shall provide the City with the technical
specifications of the vapor monitoring equipment for the City's concurrence.
4. All vapor monitor wells shall be monitored for releases every month (not to exceed
35 days between sampling/monitoring events). If necessary,due to unusual
weather conditions or sampling results, repeat sampling shall be conducted at the
discretion of the City.
5. Each site report shall be submitted on company letterhead,one.per site.The report
shall be signed by a qualified engineer,geologist,or environmental scientist.The
report shall include the results of the monthly monitoring(good number, date,
depth to water,and concentrations in ppm) in a tabular form and describe any
significant findings and recommendations.
6. Background,or past vapor monitoring data shall be utilized to develop a rolling
yearly average for each vapor monitoring well. If during any month the
concentration exceeds this rolling average by 25%, then the City's Environmental
office shall be notified.Suggestions shall be provided as to possible causes for the
changes and recommendations for possible actions shall be made,including need to
re-sample.
IV.VAPOR MONITOR WELL LOCATIONS
A. Maintenance Services, 5352 Ayers, (5 wells)
B. Street Department,2525 Hygeia (1 well)
C. Police Department, 120 N.Chaparral (1 well)
DEPARTMENT:
Attachment E: Bid/Pricing Schedule
CITY OF CORPUS CHRISTI
CORPUS CHRISTI, TEXAS
REQUEST FOR QUOTATION
Environmental and Strategic Initiatives
CONTACT:
Sharon Bailey Lewis (361) 826-4066
RETURN E-MAIL ahvronl@rrleraa rom DATF' September 1, 7015
You are invited to quote, FOB Destination, Freight Included, on the following: Vapor monitoring of underground storage tanks in
accordance with Specification No.1117 (attached)
INSTRUCTION: The RFQ shall be completed and returned by email to : sharonl(r@cctexas.com All blanks must be completed In case of discrepancy
between Unit Price and Total, the Unit Price shall be considered correct.
DUE DATE: The RFQ must be returned No Later Than: 3:00 p.m. (Central Standard Time), Wednesday. September. 30 2015.
LEAD TIME: Enter the amount of time between receiving the order and delivery of the items. Monitoring to begin 11/1/15
UNIT PRICE LEAD
ITEM DESCRIPTION QTY UNIT PRICE TOTAL TIME
Supply Agreement for monthly vapor monitoring of
underground storage tanks in accordance with Specification
No. 1117 (attached). The term of the contract shall be for
twelve months with options to extend for up to two
additional twelve-month periods, subject to the approval of
the supplier and the City Manager or his designee.
Manufacturer. Thermo GasTech
Model No.: Innova Series
Lead Time: 5 Days
12 Month
$425
$5,100
1 day to
maintain current
monitoring
schedule
5 days after
monitoring for
written report
COMPANY: 360Factors, Inc. dba RSA NAME OF PERSON AUTHORIZED TO SIGN: Christopher Duden
ADDRESS: 5853 Leopard St, Corpus Christi, TX 78408 PHONE NO.: 361-299-2664 FAX NO.: 361-299-2676
EMAIL: christopher.duden(a,360factors.com
SIGNATURE: •
TITLE COO DATE: 09/30/15
Attachment B: Bid/pricing Schedule
Attachment C: Bond Requirements
No Bond Requirements are needed for the Service Agreement.
Attachment D: Warranty Requirements
No Warranty requirements ore need for the Service Agreement.
sSoeCrtEXHIBIT"B"
eok
'•'�:J Amendment
ix' City of Corpus Christi
Purchasing Department
Date: October 11, 2017
Service Agreement No.: 44444—Vapor Monitoring of Underground Storage Tanks Service for
Environmental and Strategic Initiatives
Amendment No. 1
Service Agreement Current Value: $5,100.00
The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, 36oFactors, Inc. dba
RSA Corpus Christi, Texas, hereinafter referred to as the Contractor, do hereby make and enter into
this Amendment which, together with the Service Agreement No. 44444 and all other duly executed
Amendments, constitutes the entire agreement under the above-referenced Service Agreement
between the City and the Contractor.
I.
This Amendment modifies the Agreement performance dates under the above-referenced
service agreement, effective through the end date of the above-referenced service
agreement:
1. Current Agreement Performance Dates- 12/05/2016-12/04/2017
2. Revised Agreement Performance Dates- 10/12/2017-10/11/2018
The value of this amendment is$5,100.00,therefore the full value of this Service Agreement
is $10,200.00. Due to the lack of funds, the contract extension was executed before the
original end date of December 04, 2017. This Amendment is setting the first of two option
terms.
The Contractor and the City agree to and shall abide by all terms and conditions of the original Service
Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the
terms of this Amendment.
C �
t�_� _t----").-.^
_ lo.tw.1.er4 ,V\C�.--_ 1A.t... Ia. lti . /7
Christopher Date Maria Pedraza Date
360Factors, Inc. dba RSA Procurement Manager
City of Corpus Christi, Texas
1_S
o 4;~/ SIGNATURE REQUEST
1852
MEMORANDUM
To: Margie C. Rose, City Manager
Thru: Keith Selman, ACM, General Government and Operations.
From: Sharon Bailey Lewis, Environmental Program Specialist , n
Daniel McGinn, Director, Environmental and Strategic Initiatives _,I
Date: March 27, 2018
Subject: Assignment and Assumption of Service Agreement No. 4444 for Vapor
Monitoring of Underground Storage Tanks
Explanation of Request: The City of Corpus Christi executed Service Agreement No. 4444
for Monthly Vapor Monitoring of underground storage tanks(USTs) with 360Factors on
December 15, 2016. 360Factors has requested consent to assign their rights and
responsibilities under the Agreement to Earthcon Consultants, Inc. Earthcon Consultants, Inc.
wishes to acquire all of 360Factors rights and responsibilities of the agreement. Section 16 of
the Agreement requires assignment of the agreement to be approved by the City Manager.
Comments:
Monthly Vapor Monitoring of USTs fulfills the City's regulatory obligation to perform release
detection activities as required under 30 TAC 344.5.
Return of signed forms by Friday, March 30, 2018 is requested.
Prior Approvals Signature from City Manager is:
City Council ❑ Required El
City Attorney ® Desired but not required ❑
Department Head ® Routine & Reoccurring ❑
ACM ® Special Circumstances ❑
Other 71 If special circumstance, please explain: