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Home My WebLink AboutC2021-290 - 11/9/2021 - Approved Co-operative Purchase Agreement Standard Form Page 1 of 4 CO-OPERATIVE PURCHASE AGREEMENT NO. 3835 Fiber Internet Access for Choke Canyon Reservoir THIS Fiber Internet Access for Choke Canyon Reservoir Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and VTX1 Companies (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). 1. Co-operative Agreement. Contractor has agreed to provide Fiber Internet Access for Choke Canyon Reservoir in accordance with its agreement with TIPS Contract 210101 (the “Co-operative Agreement”), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide Fiber Internet Access for Choke Canyon Reservoir in accordance with the attached Statement 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. 3. Term. This Agreement is for five years. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 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. 4. Compensation and Payment. This Agreement is for an amount not to exceed $100,564.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, 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: City of Corpus Christi Attn: Accounts Payable DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 Co-operative Purchase Agreement Standard Form Page 2 of 4 P.O. Box 9277 Corpus Christi, Texas 78469-9277 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. 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. 7. 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: Phillip Grant Information Technology Infrastructure Manager 1201 Leopard St., Corpus Christi, Texas 78401 Phone: (361) 826-3845 Fax: (361) 826-3740 IF TO CONTRACTOR: DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 Co-operative Purchase Agreement Standard Form Page 3 of 4 VTX1 Companies Attn: Linda Rae Garza Account Executive II 891 E. Hidalgo Ave., Raymondville, TX 78580 Phone: (956) 642-1312 Fax: n/a 8. Entire Agreement. This Agreement, along with the Co-operative 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: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 Co-operative Purchase Agreement Standard Form Page 4 of 4 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Assistant Director, Contracts and Procurement Date: APPROVED AS TO LEGAL FORM: _________________________________________________ Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Incorporated by Reference Only: Co-operative Agreement: TIPS Contract 210101 DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7 10/20/2021 Jeffrey Patterson Sales Manager DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 11/8/2021 11-09-2021 M2021-202___________________Authorized By Council ________________________ 11/11/2021 ATTEST: _____________________________ Rebecca Huerta City Secretary ATTACHMENT A: SCOPE OF WORK Project Name: Fiber Internet Access for Choke Canyon Reservoir Project Address: Choke Canyon Reservoir, 2706 Hwy 72, Three Rivers, TX 78071 TIPS Contract: 210101 Technology Solutions, Products and Services Background: Choke Canyon Reservoir is currently on a T1 connection. This connection is unstable during inclement weather. A new fiber line needs to be installed to always provide a stable connection. Scope of Work: A. The Contractor will provide Fiber Internet Access 1Gbps x 1Gbps at Choke Canyon Reservoir, which includes the following: 1. 1Gbps x 1Gbps $1,349/month 2. One Static IP at no additional cost 3. One time installation fee, which is waived with a five-year agreement 4. Construction Costs – labor, materials, and equipment to construct 6,150 feet of subterranean fiber to the building. 5. The term of the agreement will be for five years. Point of Contact: Phillip Grant, IT Infrastructure Manager Information Technology Office: 361-826-3845 Cell: 940-390-1499 PhillipG2@cctexas.com Contractor Point of Contact: Linda Rae Garza, Account Executive II VTX1 Companies 891 E. Hidalgo Ave, Raymondville, Texas 78580 956-642-1312, Cell 956-773-9000 linda.garza@vtx1.net Contractor Person Authorized to Sign: Jeffrey Patterson Sales Manager jeffrey.patterson@vtx1.net 956-642-1328 DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 Linda Rae Garza | Account Executive II | linda.garza@vtx1.net | (956) 642-1312 881 E. Hidalgo Ave. Raymondville, TX 78580 1.800.446.2031 www.vtx1.net Fax (956) 642-1051 August 9, 2021 City of Corpus Christi – Choke Canyon Reservoir Quote for: Alan Carlos Services to be delivered to: Choke Canyon Reservoir (28.467701, -98.250946) 2706 Hwy 72 Three Rivers, TX 78071 TIPS Contract: 210101 Technology Solutions, Products and Services Quote: Fiber Internet Access 1Gbps x 1Gbps (Please check the box next to the option you want to move forward with) 5 Year Agreement Option 1Gbps x 1Gbps $1,349/month •MSRP $2,140/month •36.96% Discount 1 Static IP $0/month Installation $250 (one-time fee) – Waived with 5 Year Agreement Construction Cost $19,624 (one-time fee) Quote Terms: VTX1 TERMS OF SERVICE APPLY AND GOVERN ALL QUOTED SERVICES (SEE BELOW). The signing of this quote signifies acceptance of the above pricing for services and goods stated for the Agreement Term. Pricing listed is only available through the "valid until" date as stated above. Acceptance of quote beyond that date may result in price changes. You may also be required to complete an additional Service and/or Customer Agreement dependent on location of Service Address if no existing Master Services Agreement (MSA) is in effect. Non- Recurring Charges (“NRC”) shall be invoiced upon the execution of the Quote. The Commencement Date of the Service will be reflected on the VTX1 Completion Notification Form for the applicable Service or, if no notification form, on the commencement of Service. The Minimum Term Commitment expires on the applicable anniversary date following the Commencement Date indicated on the Completion Notification Form. Early termination fees may apply if service is terminated prior to the Commitment Term as well as reimbursement of any discounts, waived NRCs and other charges upon invoice by VTX1. Service may continue following expiration of the Minimum Term Commitment on a month-to- $80,940 (monthly sub-total cost)$19,624 (construction cost) $100,564 Grand Total Attachment B: Bid/Pricing Schedule Page 1 of 2 DocuSign Envelope ID: 85DC9C5A-4819-496C-98F3-55D4951A8FB9DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 Linda Rae Garza | Account Executive II | linda.garza@vtx1.net | (956) 642-1312 month basis as allowed under VTX1’s terms of service for the Service. Monthly Recurring Charges (“MRC”) and other normal service charges shall be invoiced monthly VTX1 RESERVES THE RIGHT TO REQUIRE AN EXECUTED CURRENT MSA AND SERVICE ORDER FOR QUOTED SERVICES. IF VTX1 DOES NOT REQUIRE AN EXECUTED MSA AND SO FOR THE SERVICES, VTX1’S STANDARD TERMS OF SERVICE AS SET FORTH IN ITS APPLICABLE TARIFFS IN EFFECT OR, AS TO NON- TARIFFED SERVICES, AT http://www.vtx1.net/about-vtx1/terms-of-service/ APPLY AND GOVERN THE SERVICES. Quote Acceptance by Customer: CITY OF CORPUS CHRISTI _______________________ Customer Name _________________________________________________ __________________________ Printed Name Date _________________________________________________ Title _________________________________________________ Signature Page 2 of 2 DocuSign Envelope ID: 85DC9C5A-4819-496C-98F3-55D4951A8FB9DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 Attachment C: Insurance Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance 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 endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 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 $1,000,000 Aggregate WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 3.In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B.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 statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All Page 1 of 3 DocuSign Envelope ID: 85DC9C5A-4819-496C-98F3-55D4951A8FB9DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 States Endorsement shall be required if Contractor 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 renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit 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 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 10 calendar days advance written notice for nonpayment of premium. 5.Within 5 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 Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 DocuSign Envelope ID: 85DC9C5A-4819-496C-98F3-55D4951A8FB9DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 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 contract. 2021 Insurance Requirements Ins. Req. Exhibit 7-D IT Contracts – Hardware Installation 05/10/2021 Risk Management – Legal Dept. No bond is required for this service agreement. Page 3 of 3 DocuSign Envelope ID: 85DC9C5A-4819-496C-98F3-55D4951A8FB9DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051 Attachment D: Warranty Requirements Warranty is not required for this service agreement. Page 1 of 1 DocuSign Envelope ID: 85DC9C5A-4819-496C-98F3-55D4951A8FB9DocuSign Envelope ID: 8A19B640-8A72-41E1-8A68-D511D557CDA7DocuSign Envelope ID: 7165452F-2933-43F0-AEFB-02F7E8FDA051