City Council

PUBLIC NOTICE City Council Work Session Agenda City of Odessa City Hall, Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX. Tuesday, June 27, 2023 3:00 p.m. In accordance with the Open Meetings Act, Chapter 551 of the Government Code of Texas, notice is hereby given to all interested persons that the City Council of the City of Odessa will have a Work Session at 3:00 p.m. on Tuesday, June 27, 2023 in the 5th Floor, Council Chambers, City Hall, 411 W. 8th Street, Odessa, Texas for the following purposes: SEE ATTACHED AGENDA This notice is being posted on the bulletin board located outside the south entrance of the City Hall building and on the bulletin board of the first floor of City Hall, Odessa, Texas the _______ day of June 2023 at ________, ___. m. It is also posted on the City of Odessa’s website www.odessa-tx.gov. The said time being more then seventy-two (72) hours prior to the time at which the subject meeting will be convened and called to order. City Council meetings are available to all persons regardless of disability. Individuals with disabilities who require assistance should contact the City Secretary’s Office at (432) 335-3276, or 411 West 8th Street, First Floor, Odessa, Texas, during normal business hours at least twenty-four (24) hours in advance of the meeting. ___________________________________ Norma Aguilar-Grimaldo, TRMC, CMC City Secretary  City of Odessa City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX. City Council Work Session Agenda June 27, 2023 3:00 p.m. 1. Call to Order. Mayor Joven 2. Invocation. Council member Swanner 3. Bright Star Memorial Plaza update. Randy Ham 4. Discuss an economic development agreement between the Odessa Kris Crow Development Corporation and Border State Industries. This item will approve a five year economic development agreement between ODC and Border State Industries. 5. Discuss replacement/upgrade of leaf network switches as part of city- Mike Parrish wide infrastructure improvement project. Replace leaf switches and various hardware to increase reliability, speed, and security of City of Odessa’s network infrastructure. 6. Discuss replacement/upgrade of core network switches as part of city- Mike Parrish wide infrastructure improvement project. Replace core network switches to increase reliability, speed, and security of City of Odessa’s network infrastructure. 7. Discuss the asbestos abatement for old Fire Station #6. Agapito Bernal Consider the options of the asbestos abatement. 8. Discuss removing Discover Odessa from the Chamber of Commerce. Council Members Hanie Discover Odessa being separate from the Chamber. and Swanner 9. Discuss setting up a 501(c)(3) organization or a foundation to accept Dan C. Jones money on behalf of the sport complex. Provide an option to set up funding for the sport complex. 10. Adjourn.  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 7/11/2023 Kris Crow Odessa Development Corporation No Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution, CAPTION Consider an economic development agreement between the Odessa Development Corporation and Border State Industries. (Resolution) SUMMARY Border State Industries, Inc. (“Company”) will operate a wholesale distribution facility of electrical, construction, industrial, and utility and data communications materials and equipment classified as #s 423610 (Main) and 423690 (Secondary) of the North American Industry Classification System (NAICS) in Ector County, Texas. Company will increase primary jobs which satisfies the requirements of Sections 501 and 504 of the Local Government Code. Company agrees to retain 26 full-time equivalent jobs and will add 7 full-time equivalent jobs during the term of the agreement which will translate in to approximately $1,632,480 in annual payroll over the next 5 years and Company will make a capital investment of approximately $10.5 Million for construction of a new 30,000 sq ft facility in Ector County. Based on the amount of investment and number of jobs and payroll during the term of the agreement, Company qualifies for a total grant in the amount of $970,660.00 to be paid out over five (5) years if Company maintains compliance with all terms and conditions of the agreement. The ODC approved this agreement at their June15th meeting. Comments/Other Departments, Boards, Commissions or Agencies Blurb: This item will approve a five year economic development agreement between ODC and Border State Industries. Supporting Documents 5r-187 Approving Border State Industries EDA.pdf, EDA - Border State Industries FINAL 06.05.2023.pdf,  RESOLUTION NO. 2023R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE ODESSA DEVELOPMENT CORPORATION AND BORDER STATE INDUSTRIES, INC.; AUTHORIZING THE CITY MANAGER TO SIGN ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW AND DECLARING AN EFFECTIVE DATE WHEREAS, Border State Industries, Inc. (“Company”) will operate a wholesale distribution facility of electrical, construction, industrial, and utility and data communications materials and equipment classified as #s 423610 (Main) and 423690 (Secondary) of the North American Industry Classification System (NAICS) in Ector County, Texas; and WHEREAS, Company will increase primary jobs which satisfies the requirements of Sections 501 and 504 of the Local Government Code; and WHEREAS, Company agrees to retain 26 full-time equivalent jobs and will add 7 full- time equivalent jobs during the term of the agreement which will translate in to approximately $1,632,480 in annual payroll over the next five (5) years; and WHEREAS, Company will make a capital investment of approximately $10.5 Million for construction of a new 30,000 sq ft facility in Ector County; and WHEREAS, based on the amount of investment and number of jobs and payroll during the term of the agreement, Company qualifies for a total grant in the amount of $970,660.00 to be paid out over five (5) years if Company maintains compliance with all terms and conditions of the agreement; and WHEREAS, the Odessa Development Corporation approved this agreement at their June 15, 2023 meeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the statements of fact in the Preamble are found to be true and correct and are approved as findings. Section 2. That an economic development agreement between the Odessa Development Corporation and Border State Industries, Inc. in the amount of $970,660.00 is hereby approved. Section 3. That the City Manager or his designee is hereby authorized to sign any documents necessary to implement this resolution. Section 4. That this resolution shall be effective at the time of its adoption. CB: Resolutions\5r-187 Approving Border State Industries EDA Page 1 of 2  The foregoing resolution was approved and adopted on the 11th day of July, A.D., 2023, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ Approved the 11th day of July, A.D., 2023. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney CB: Resolutions\5r-187 Approving Border State Industries EDA Page 2 of 2 STATE OF TEXAS § COUNTY OF ECTOR § ECONOMIC DEVELOPMENT INCENTIVE PERFORMANCE AGREEMENT ODESSA DEVELOPMENT CORPORATION This Economic Development Incentive Performance Agreement (“Agreement”) is entered into by and between the Odessa Development Corporation, a Texas non-profit corporation, whose address is 411 West 8th Street, P.O. Box 4398, Odessa, Texas, 79760 (hereinafter referred to as “ODC”) and Border State Industries, Inc., a North Dakota corporation whose home office is located at 2400 38th St. S., Fargo, ND 58104 (hereinafter referred to as “Company”). ODC and Company are each a “Party” and are collectively referred to herein as the “Parties”. ARTICLE I BACKGROUND 1.1 Purpose. ODC is a tax-supported Type A Economic Development Corporation whose primary income is from sales tax collected within the corporate limits of the City of Odessa (“Odessa”) and dedicated exclusively to economic development. The sales tax supporting ODC is authorized as a local option under Chapters 501-507 of the Texas Local Government Code, also referred to as the Development Corporation Act and was adopted by the voters of Odessa in November 1997. ODC exists for the primary and public purpose of developing, stabilizing, diversifying, and expanding the Odessa economy through retention, expansion, and recruitment of employment opportunities in order to benefit citizens of Odessa and the surrounding area. 1.2 Project. Based on the expressed purpose, Company satisfies the requirements of Chapters 501 and 504 of the Local Government Code as a “project authorizing the expenditure of economic development sales tax.” It proposes construction of a new 30,000 sq ft facility in South Odessa as an enterprise for the stated purpose. Company shall operate a wholesale distribution facility of electrical, construction, industrial, and utility and data communications materials and equipment classified as #s 423610 (Main) and 423690 (Secondary) of the North American Industry Classification System (NAICS) in Ector County, Texas. 1.3 City of Odessa. The City of Odessa (the “City”) is a third-party beneficiary and not a direct party to this Agreement. The City’s approval of this Agreement is required by the ODC Articles of Incorporation and Bylaws. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the Parties, it is agreed as follows: ARTICLE II ECONOMIC DEVELOPMENT GRANT 2.1. Term. This Agreement shall become effective on the final date of acceptance and full execution of this Agreement by all Parties hereof (the “Effective Date”) and shall continue for a period of five (5) years, unless sooner terminated by mutual agreement of the Parties, or when terminated as hereinafter provided (the “Term”). S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 1 of 12 2.2. Full-Time Equivalent Jobs. Company agrees to retain twenty-six (26) Full-Time Equivalent Jobs, as further defined in Section 2.2.4 below, (“FTE”) in Ector County, with an annual payroll amount of $1,290,320. Annual Payroll is defined as all pay amounts that would be reportable on an employee’s W-2 as taxable wages, tips, and other compensation, plus any pre-tax amounts that would be properly withheld. Each year following the Effective Date, Company shall increase the number FTEs in Ector County, Texas as set out in the table below. For the purposes of this Agreement, Company may include FTEs of a wholly owned subsidiary of Company if those employees are employed to work full-time on the Property as defined herein. Full-Time Equivalent Jobs: Annual Cumulative Cumulative Annual Payroll: FTEs: Payroll: Retained 26 $1,290,320 26 $1,290,320 FTEs Added Year 1 2 $97,760 28 $1,388,080 FTEs Added Year 2 2 $97,760 30 $1,485,840 FTEs Added Year 3 1 $48,880 31 $1,534,720 FTEs Added Year 4 1 $48,880 32 $1,583,600 FTEs Added Year 5 1 $48,880 33 $1,632,480 The following requirements apply: .1 Company shall exercise its commercially reasonable efforts to advertise for bids with notice to local contractors. .2 Company shall exercise its commercially reasonable efforts to employ Odessa residents and to advertise the availability of employment opportunities, taking into consideration cost and relevant employment qualifications. .3 For purposes of determining new FTEs created or existing FTEs retained, individual owners of 20% or more ownership of the company shall not be counted. .4 A Full-Time Equivalent Job (“FTE”) is defined as a job requiring a minimum of 1,820 hours of work per year, including allowance for vacation and sick leave. The FTE calculation will be used to calculate the number of FTEs .5 For purposes of determining new FTEs created, a non-Odessa resident employee of Company or a wholly owned subsidiary of Company who transfers to work at the Property shall be counted as a new FTE. 2.3. Investment. Company agrees to own or lease and cause improvements to be constructed on the property described as Lots 1, 2 & 3, Block 1, Grow Odessa Industrial West Park, an Addition to the City of Odessa, Ector County, Texas, according to the map or plat of record in Cabinet B, Page 200-B, Plat Records, Ector County, Texas (“Property”) within 18 months of the Effective Date. Company warrants and by this Agreement commits to expend $10,500,000.00 for the expansion project as further described in Attachment “A” which will be the site of Company operations (“Full Investment”). Any partial expenditure of the Full Investment shall be referred to herein as (“Incremental Capital Expenditures.”) 2.4. Operation of Business. Subject to the conditions as set forth herein, Company agrees to operate its enterprise on the Property at least until the end of the Term. S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 2 of 12 2.5. Law. The Parties are aware of statutory limitations on this grant and the use of funds under Chapters 501 and 504 of the Local Government Code and acknowledge that the funds herein granted or guaranteed shall be utilized solely for purposes authorized under that law and by the terms of this Agreement. 2.6. Termination. This Agreement shall remain in full force and effect unless terminated by either Party by giving the other Party thirty (30) days’ advance written notice of its election to terminate in accordance with Section 5.11 herein. If either Party defaults in the performance of any of its obligations under this Agreement and fails to cure such default within thirty (30) days of receipt of written notice of such default, the non-defaulting Party may immediately terminate this Agreement by delivering written notice to the defaulting Party. The termination of this Agreement shall extinguish all rights, duties, obligations, and liabilities of ODC and Company under this Agreement, except all rights, duties, obligations, and liabilities accrued prior to such termination shall survive termination. ARTICLE III ECONOMIC INCENTIVES FOR DEVELOPMENT 3.1 Incentives. ODC shall provide the following type of incentive in the designated amount and in accordance with the payment schedule below, subject to annual confirmation of Company’s compliance with the terms and conditions of this Agreement. Type of Incentive Payment Grant $970,660.00 One-fifth of the total grant, $194,132, shall be paid to Company after each year of compliance with the Agreement. If Company does not fulfill the requirements set out under Article II during any year of the Term, (a ”Non-Compliance Period”) the incentive payment for such Non-Compliance Period may be prorated or adjusted based on factors including, but not limited to, Incremental Capital Expenditures made, hiring, salaries, FTEs retained/FTEs created, business climate, and other factors deemed by the ODC, in its sole discretion, to be relevant to the Company’s performance during the Non-Compliance Period. Additionally, if the Company exceeds any of the requirements set out in Article II in any year during the Term, the incentive payment for that year may be increased or adjusted by the ODC, in its sole discretion, provided, however, that total grant payments over the entire Term will not, in any case, exceed the total grant amount set out in this section. 3.2 Payments. Company acknowledges that ODC must complete compliance monitoring procedures prior to making a payment. .1 Company agrees that ODC shall only be required to pay funds from moneys currently collected and budgeted by means of the economic development sales tax; and in the event that there are not sufficient funds for purposes of this Agreement, then the funding for this Agreement will not be offset or charged against any other funds of ODC or the City. S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 3 of 12  .2 Company shall timely submit a written request for payment including a signed W- 9 tax identification form for the current year and all of the required documentation set out in 4.1 below. The payment request and documentation should be directed to the ODC Treasurer, 411 W. 8th Street - 2nd Floor, P. O. Box 4398, Odessa, Texas 79760, or emailed to fimanagement@odessa-tx.gov. .3 Company understands that any delay in submitting the required reporting documents or failure to submit same within thirty (30) days could result in a delay in the evaluation of Company’s compliance documents and/or issuance of payment. .4 ODC shall make payment within thirty (30) days of completing verification of compliance under this Agreement. ARTICLE IV SPECIAL CONDITIONS 4.1 Reports and Monitoring. Company agrees to the following reporting and monitoring provisions: .1 Company shall certify annually to ODC that Company is in compliance with each requirement set forth in Article II herein. Company shall also promptly provide the compliance documentation set forth in Section 4.1.2 herein, as well as any other reports as ODC may reasonably request, and Company shall provide such documentation within thirty (30) days of its receipt of such request. .2 Company shall submit the following documentation to demonstrate compliance with the FTE requirement set out in Section 2.2 herein: a. Listing of employees for the reporting period including the following information for each employee: i. Employee name [or Unique Identity Number] and address ii. Employment status (active/inactive/leave status) iii. Hire date iv. Termination date, if applicable v. Number of hours worked during the reporting period vi. Wages for the reporting period b. Texas Workforce Commission reports containing payroll data for the reporting period c. IRS Forms 941 for the reporting period .3 Company shall submit the following documentation to demonstrate compliance with the Full Investment requirement set out in Section 2.3 herein: Invoices and cancelled checks indicating vendor payment, Ector County Appraisal District valuations if applicable, contracts, or similar forms of documentation showing at least the minimum amount of investment required by the Agreement. .4 Company shall submit the following documentation to show compliance with the insurance requirement: Proof of property insurance as set out in Section 4.2 herein. S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 4 of 12  .5 Company agrees that compliance monitoring procedures to verify Company’s compliance with this Economic Development Agreement shall be conducted on an annual basis by an independent third party with professional accounting qualifications, selected and paid for in full by ODC, (the “Compliance Consultant”). The Compliance Consultant performing the compliance monitoring procedures shall be provided access to and the right to examine all records and accounts directly relating to this Agreement and such other Company records and accounts as may be reasonably necessary to conduct and complete the compliance monitoring procedures and may make an onsite visit to Company’s accounting/human resource department to verify the information. .6 Company understands that any discrepancies or notable findings in the completed compliance monitoring report must be reviewed by the Compliance Committee prior to review by the ODC Board. .7 Company agrees and acknowledges that all requirements of this section shall also apply to any wholly owned subsidiary of Company if Company chooses to report any FTE of that wholly owned subsidiary to meet the requirements of this Agreement. Company further agrees and acknowledges that additional documentation may be required to prove to ODC that any reported FTE of a wholly owned subsidiary of Company comply with all the requirements of this Agreement, and that a failure of Company to provide such documentation or to comply with the other requirements of this section shall result in those FTE not being counted toward the requirements of this Agreement. 4.2 Insurance. Regarding existing improvements or any required expenditures on the Property or the commencement of construction, Company agrees to comply with the following insurance requirements: .1 Company shall, at its sole expense, obtain and maintain property insurance to protect the Property from “All Risks” of direct physical loss or damage for the entire Term of this Agreement. Company agrees that a Builder’s Risk policy will be maintained during construction. .2 Certificates of the policy referred to shall be deposited by Company with the City Secretary thirty (30) days prior to the renewal or anniversary date of the term of any such policy. Failure on the part of Company to obtain a new policy before the date fixed for the cancellation of an existing policy, so that the insurance referred to shall be continuously in effect, will constitute a default on the part of Company entitling ODC, at its option, to terminate Company’s rights under this Agreement. .3 In the event the building is damaged by fire or other insured cause and Company chooses not to reconstruct the building and place it back in operation, ODC shall be entitled at its option, to terminate Company’s rights under this Agreement. 4.3 Covenants. Company makes the following covenants to ODC and agrees that in the event of failure of Company to comply with such covenants, the breach of any one of which if left uncured for more than thirty (30) days following Company’s receipt of written notice from ODC concerning such breach shall constitute an event of default and ODC may, in its sole discretion, terminate this Agreement: S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 5 of 12  .1 Company is a legal entity duly organized and existing in good standing and is duly authorized to do business in the State of Texas. .2 The execution of this Agreement has been duly authorized by its board of directors or an officer of Company empowered to execute such agreements and bind Company and is not in contravention of any law, rule, or regulations or of the provisions of Company’s articles of incorporation or by-laws or of any agreement or instrument to which Company is a party or by which it may be bound. .3 No material litigation or governmental proceeding is pending or, to the knowledge of any of Company's officers, threatened against or affecting Company, that would prevent Company from performing this Agreement. .4 No certificate or statement delivered by Company to ODC in connection herewith, or in connection with any transaction contemplated hereby, contains any untrue statement, or fails to state any fact necessary to prevent the statements contained therein from being misleading. .5 There are no bankruptcy proceedings, or other such proceedings currently pending or contemplated by Company. .6 Company shall timely pay all ad valorem taxes and shall timely file all required personal property renditions due and owing by it to the City and all other taxing authorities having jurisdiction. In addition, Company will pay all employment, payroll, income, franchise, and all other taxes due and owing by it to all local, state, and federal entities. ARTICLE V GENERAL TERMS AND CONDITIONS The following general conditions shall apply to this Agreement and any amendments hereto. 5.1 Entire Agreement. This Agreement, including all attachments, exhibits, and addenda, embodies the complete agreement of the Parties hereto, superseding all oral or written, previous and contemporaneous agreements between the Parties relating to matters in this Agreement. In the event of conflicting provisions between this Agreement and the attachments, this Agreement shall be controlling. 5.2 Amendments/Modification to Agreement. This Agreement, and any exhibits, attachments, or addendum, may be amended or modified only by a written instrument executed by all Parties. If there are any conflicts between the Amendment and a previous version, the terms of the Amendment will prevail. 5.3 Legal Relationships. No term or provision of this Agreement or act of Company in the performance of this Agreement shall be construed as making Company, or its employees, the agent, servant, employee, or contractor of ODC or the City. The City’s approval of this Agreement is required by the ODC Articles of Incorporation and Bylaws. The City is a third-party beneficiary and not a direct party to this Agreement. 5.4 Venue. The obligations of the Parties to this Agreement are performable in Odessa which is located primarily in Ector County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Ector County, Texas. S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 6 of 12 5.5 Applicable Laws; Governing Law. .1 This Agreement is made subject to the provisions of the Charter and ordinances of City, as amended, and all applicable state and federal laws and Company agrees that it promptly will comply with all such applicable laws, regulations, orders, and rules of the State, City, and other such governmental agencies. .2 This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 5.6 Legal Construction. In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. There shall not be a higher duty or responsibility for any party because they draft the agreement. 5.7 Representation. Company represents that no ODC board member, City officer, employee, or agent has been compensated in any way with respect to this Agreement and its consideration. In no event will Company pay a fee to or in any other manner compensate any ODC board member, City officer, employee, or agent in connection with the approval of this Agreement. A breach under this Article shall result in automatic termination of this Agreement. 5.8 Assignment. This Agreement may only be assigned with the mutual written consent of both Parties. This Agreement may not be assigned to an entity that is exempt from ad valorem property taxes. If the assignment by Company is to an entity that is exempt from ad valorem property taxes or not approved by ODC and the City, ODC may, in its sole discretion, terminate this Agreement. 5.9 No Third-Party Rights. Nothing within this Agreement shall be deemed to waive, modify, or alter any legal or equitable defense available to any Party or the City, nor to create any legal or equitable right or claim on behalf of any third party. 5.10 Representatives Not Personally Liable. No official agent, employee, or representative of ODC, the City, or Company shall be personally liable in the event of any default or breach by any party under this Agreement or for any amount which may become due to any party or on any of the obligations under the terms of this Agreement. 5.11 Notices. All notices, communications, and reports required or permitted under this Agreement shall be personally delivered, delivered by electronic means, or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the addresses shown below. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for ODC to: Norma Aguilar-Grimaldo ODC Assistant Secretary P.O. Box 4398, Odessa, Texas 79760-4398 Phone: (432) 335-3276 Email: cs@odessa-tx.gov S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 7 of 12  If intended for Company to: Border State Industries, Inc. Attn.: Zachary Kincaid PO Box 2767, Fargo, ND 58108-2767 Phone: (701) 293-5834 zkincaid@borderstates.com 5.12 Indemnity. Company shall indemnify and hold harmless ODC and the City, their respective officers, employees, and agents from and against any and all claims, liabilities, losses, damages, and expenses arising out of or in any manner connected with this Agreement, but only to the extent resulting from or caused by the negligence, gross negligence, willful or intentional act or omission of Company, its officers, employees, and agents, and including all expenses, attorney’s fees, and court costs which may be reasonably incurred by ODC or the City in litigation or in resisting any such claims or such causes of action. 5.13 Governmental Immunity. The City is a political subdivision of the State of Texas. The Parties acknowledge and agree that nothing in this Agreement shall be construed as a waiver by the City of any rights or defenses of governmental immunity, which it may have had, now has, or will have with respect to all matters arising out of this Agreement. 5.14 Force Majeure. Neither party will be responsible to the other for damages, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the misconduct or negligence, of that party. Such conditions, each a “Force Majeure Event” include, but are not limited to acts of God; acts of government agencies; strikes; labor disputes or any other forced shut-down; unforeseen materials, supplies, or equipment shortages; fire; explosions or other casualties; vandalism; riots; acts of war or terrorism; declared pandemic. .1 Notification Obligations. In the event a Party claims a Force Majeure Event hereunder, such Party shall promptly, but in no event more than thirty (30) days after it knows or should have known of the occurrence of the Force Majeure Event, give the other Party written notice describing the details of the occurrence and the anticipated length of delay due to the Force Majeure Event. .2 Duty to Mitigate. The Parties shall use their reasonable efforts to mitigate the effects of such Force Majeure Event and to cooperate to develop and implement a plan of remedial and reasonable alternative measures to remove the Force Majeure Event; provided, further, that the Party not claiming a Force Majeure Event shall not be required to expend any amount of money in connection with such Force Majeure Event. .3 Delay Caused by Force Majeure Event. To the extent provided in this section, neither Party shall be responsible or liable for or deemed in breach of this Contract because of any failure or delay in complying with its obligations under or pursuant to this Contract to the extent such failure has been caused, or contributed to, by one or more Force Majeure Events or its effects or by any combination thereof. .4 Performance Not Excused. The consideration shall not be excused because of a Force Majeure Event. In addition, a Party shall not be excused under this Article from timely performance of its obligations hereunder to the extent that the claimed Force Majeure Event was caused by any intentional acts, errors, omissions, or for any breach or default of this Contract by such Party. Furthermore, no suspension of performance or S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 8 of 12  extension of time shall relieve the Party benefiting therefrom from any liability for any breach of the obligations that were suspended or failure to comply with the time period that was extended to the extent such breach or failure occurred prior to the occurrence of the applicable Force Majeure Event. 5.15 Other Agreements. It is understood by Company that the ODC has heretofore entered and may hereafter enter into agreements with other companies or persons upon terms and conditions different from the terms and conditions of this Agreement and Company has no objection whatsoever to any such other agreements. 5.16 Nondiscrimination. Company agrees that as to all of the programs and activities arising out of this Agreement, it shall comply fully with all Civil Rights Acts and specifically will not discriminate against any person on the basis of race, color, national origin, sex, age, religion, or by reason of being disabled. 5.17 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 5.18 Opportunity to Review. Company hereby acknowledges that Company has had adequate opportunity to review these terms and conditions and to reflect upon and consider the terms and conditions of this Agreement, and that Company has had the opportunity to consult with counsel of Company’s own choosing regarding such terms. Company further acknowledges that Company fully understands the terms of this Agreement and have voluntarily executed this Agreement. ARTICLE VI CHAPTER 2264, TEXAS GOVERNMENT CODE 6.1 Purpose. The purpose of this Article is to comply with H.B. 1196 (Chapter 2264, Texas Government Code) adopted in the 2007 Legislative Session by the State of Texas. The terms used are as defined in the statute. 6.2 Conditions. Company agrees to the following conditions: .1 Company certifies that the business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker. An undocumented worker means an individual who, at the time of employment, is not: (A) lawfully admitted for permanent residence to the United States; or (B) authorized under law to be employed in that manner in the United States. .2 Company agrees that ODC is an “economic development corporation” as defined in the statute and the benefit or assistance provided to Company is a “public subsidy” as defined in the statute. .3 If after receiving the public subsidy, Company, or a branch, division, or department of Company, is convicted of a violation under 8 U.S.C. Section 1324a(f), Company shall repay the amount of the public subsidy with interest, not later than the 120th day after the date ODC notifies Company of the violation. Interest shall begin to accrue on the day that Company is given notice of the violation at a rate of one percent (1%) per month. Interest stops accruing on the date Company mails or electronically transmits payment. S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 9 of 12  .4 ODC may bring a civil action to recover any amounts owed to ODC under this Article and Chapter 2264, including court costs and attorney fees. .5 Company is not liable for a violation of this Article and Chapter 2264 by a subsidiary, affiliate, or franchise of Company, or by a person with whom Company contracts. [Signature Pages Follow] S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 10 of 12  EXECUTED this the ____ day of _______________, 2023, by ODC, signing by and through its Board President, duly authorized to execute same and by Company, acting through its duly authorized officials. ATTEST: “ODC” Odessa Development Corporation By: Norma Aguilar-Grimaldo, City Secretary and Kriston Crow, President ODC Secretary “COMPANY” Border States Industries, Inc. By: Zachary Kincaid, Area Director APPROVED AS TO FORM: FOR APPROVAL ONLY: “CITY” City of Odessa By: Daniel C. Jones, City Attorney Agapito Bernal, Interim City Manager S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 11 of 12  ODC STATE OF TEXAS § COUNTY OF ECTOR § This instrument was acknowledged before me on the ______ day of __________________, 2023, by Kriston Crow, President of the Odessa Development Corporation. Notary Public in and for the State of Texas COMPANY STATE OF TEXAS § COUNTY OF ECTOR § This instrument was acknowledged before me on the ______ day of __________________, 2023, by Zachary Kincaid, Area Director of Border States Industries, Inc. Notary Public in and for the State of Texas S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\C-7-363\EDA - Border State Industries FINAL Page 12 of 12  ECONOMIC DEVELOPMENT AGREEMENT - BORDER STATE INDUSTRIES ATTACHMENT "A" II. Project Information 1.Description of the Project and Type of Business 2. the estimated new capital investment for equipment and furniture; 3. percentage of physical assets purchased in Odessa; 4. list of new machine e ui ment and other h sical assets. Border States Industries, Inc. is a wholesale distributor of electrical, construction, industrial, and utility and data communications materials and equipment providing equipment and materials to contractors and energy companies nationwide. Border States is a North Dakota corporation and was founded in 1952. Border States has branch locations in 25 states and over 2400 employees. Border States currently maintains an Odessa branch location located at 850 University Blvd., Odessa, TX 79764. The current facility is 23,610 square feet. Border States acquired this location in April of 2016 as part of its acquisition of Nunn Electric Supply. Border States plans to construct a new 30,000 sf. building to serve as Border States' local Odessa Branch. This building will have offices, a city desk, a warehouse, and an exterior yard. This project will have an estimated capital investment for Border States of approximately $10.5 million dollars. Of this amount, approximately $3 million will be used for Equipment and Furniture. Included with this project will be office equipment, furniture, racking, forklifts, semi­ tractors and trailers, along with other physical assets. For this project, approximately 60% of the physical assets will be purchased or contracted for locally in Odessa. 3  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 7/11/2023 Mike Parrish Information Technology Yes Work Session? Contacted Legal? Item Type Yes No Consent CAPTION Consider replacement/upgrade of leaf network switches as part of city-wide infrastructure improvement project. SUMMARY Upgrade various switches/hardware used to manage/extend network connectivity/traffic. Provides increased throughput/monitoring capabilities, expanded monitoring capabilities, future-proof for network expansion. This will be the first of two purchases to complete the project. Cost for this portion of the project, which includes the cost of hardware and 3 years of licensing, is priced at: $302,556.45 FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? FY23 6101610 58250 83551 Cost Available Funds Budget Est/Actual Cost Difference This Agenda Item: $302556.45 $302556.45 $0.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents NHZP594.pdf,  Thank you for choosing CDW. We have received your quote. Hardware Software Services IT Solutions Brands Research Hub Review and Complete Purchase JAMES KENIMER, Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL NHZP594 4/17/2023 NHZP594 3072699 $302,556.45 IMPORTANT - PLEASE READ Special Instructions: TAX:MULTIPLE TAX JURISDICTIONS APPLY TAX: CONTACT CDW FOR TAX DETAILS QUOTE DETAILS ITEM QTY CDW# UNIT PRICE EXT. PRICE Cisco Catalyst 9300L - Network Essentials - switch - 48 ports - 45 5663228 $3,571.37 $160,711.65 rack-mounta Mfg. Part#: C9300L-48P-4X-E UNSPSC: 43222612 TAX: ODESSA, TX .0000% $.00 Contract: TXDIR - Cisco DIR-TSO-4167 (DIR-TSO-4167) Cisco Smart Net Total Care - extended service agreement 45 6827892 $1,739.43 $78,274.35 Mfg. Part#: CON-SNT-C93004X4 3YR TERM Electronic distribution - NO MEDIA TAX: ODESSA, TX .0000% $.00 Contract: TXDIR - Cisco DIR-TSO-4167 (DIR-TSO-4167) Cisco Digital Network Architecture Essentials - Term License 45 5615784 $635.92 $28,616.40 (3 years) - 48 Mfg. Part#: C9300L-DNA-E-48-3Y UNSPSC: 43233204 Electronic distribution - NO MEDIA TAX: ODESSA, TX .0000% $.00 Contract: TXDIR - Cisco DIR-TSO-4167 (DIR-TSO-4167) Cisco - network stacking module 45 5608892 $686.07 $30,873.15 Mfg. Part#: C9300L-STACK-KIT UNSPSC: 43201404 TAX: ODESSA, TX .0000% $.00 Contract: TXDIR - Cisco DIR-TSO-4167 (DIR-TSO-4167) Cisco stacking cable - 3.3 ft 30 5718188 $136.03 $4,080.90 Mfg. Part#: STACK-T3-1M= QUOTE DETAILS (CONT.) UNSPSC: 26121609 TAX: ODESSA, TX .0000% $.00 Contract: TXDIR - Cisco DIR-TSO-4167 (DIR-TSO-4167) SUBTOTAL $302,556.45 SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $302,556.45 PURCHASER BILLING INFO DELIVER TO Billing Address: Shipping Address: CITY OF ODESSA CITY OF ODESSA- IT ACCOUNTS PAYABLE 119 W 4TH ST STE 510 PO BOX 4398 ODESSA, TX 79761-5015 ODESSA, TX 79760-4398 Shipping Method: DROP SHIP-GROUND Phone: (432) 335-3200 Payment Terms: Master Card Please remit payments to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Sales Contact Info Peter McGee | (877) 708-8009 | petmcge@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $302,556.45 $8,029.85/Month $302,556.45 $9,297.56/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change. Why finance? • Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. • Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company's business cycles. • Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. • Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. • Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. Page 2 of 3 Need Help? My Account Support Call 800.800.4239 About Us | Privacy Policy | Terms and Conditions This order is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager © 2023 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 3 of 3  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 7/11/2023 Mike Parrish Information Technology Yes Work Session? Contacted Legal? Item Type Yes No Consent CAPTION Consider replacement/upgrade of Core network switches as part of city-wide infrastructure improvement project. SUMMARY Upgrade main (core) hardware used to manage network connectivity/traffic. Provides increased throughput/monitoring capabilities, futureproofing for network expansion. Cost for this portion of the project, which includes the cost of hardware and 3 years of licensing, is priced at: $129,315.20 FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? FY23 61010610-58250-83550 Cost Available Funds Budget Est/Actual Cost Difference This Agenda Item: $129315.20 $129315.20 $0.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents NGSZ633.pdf,  Thank you for choosing CDW. We have received your quote. Hardware Software Services IT Solutions Brands Research Hub Review and Complete Purchase JAMES KENIMER, Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL NGSZ633 3/9/2023 67265302 3072699 $129,315.20 IMPORTANT - PLEASE READ Special Instructions: TAX:MULTIPLE TAX JURISDICTIONS APPLY TAX: CONTACT CDW FOR TAX DETAILS QUOTE DETAILS ITEM QTY CDW# UNIT PRICE EXT. PRICE Cisco Catalyst 9500 - Network Advantage - switch - 40 ports - 4 4727369 $17,370.88 $69,483.52 managed - rac Mfg. Part#: C9500-40X-A UNSPSC: 43222612 TAX: ODESSA, TX .0000% $.00 Contract: TXDIR - Cisco DIR-TSO-4167 (DIR-TSO-4167) Cisco SMARTnet extended service agreement 4 5686339 $6,391.47 $25,565.88 Mfg. Part#: CON-SNT-C95004XA UNSPSC: 81111811 Electronic distribution - NO MEDIA TAX: ODESSA, TX .0000% $.00 Contract: TXDIR - Cisco DIR-TSO-4167 (DIR-TSO-4167) Cisco Config 4 - power supply - hot-plug redundant - 950 4 4712845 $1,266.87 $5,067.48 Watt Mfg. Part#: PWR-C4-950WAC-R/2 UNSPSC: 39121004 TAX: ODESSA, TX .0000% $.00 Contract: TXDIR - Cisco DIR-TSO-4167 (DIR-TSO-4167) Cisco Network and Digital Network Architecture Advantage - 4 4712847 $7,299.58 $29,198.32 Term License (3 Mfg. Part#: C9500-DNA-A-3Y UNSPSC: 43233204 Electronic distribution - NO MEDIA TAX: ODESSA, TX .0000% $.00 Contract: TXDIR - Cisco DIR-TSO-4167 (DIR-TSO-4167) SUBTOTAL $129,315.20  SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $129,315.20 PURCHASER BILLING INFO DELIVER TO Billing Address: Shipping Address: CITY OF ODESSA CITY OF ODESSA- IT ACCOUNTS PAYABLE 119 W 4TH ST STE 510 PO BOX 4398 ODESSA, TX 79761-5015 ODESSA, TX 79760-4398 Shipping Method: DROP SHIP-GROUND Phone: (432) 335-3200 Payment Terms: Net 30 Days-Govt State/Local Please remit payments to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Sales Contact Info Peter McGee | (877) 708-8009 | petmcge@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $129,315.20 $3,432.03/Month $129,315.20 $3,973.86/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change. Why finance? • Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. • Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company's business cycles. • Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. • Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. • Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. Need Help? My Account Support Call 800.800.4239 Page 2 of 3 About Us | Privacy Policy | Terms and Conditions This order is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager © 2023 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 3 of 3  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 7/11/2023 Agapito Bernal City Manager's Office No Work Session? Contacted Legal? Item Type Yes No Regular Other, CAPTION Discuss the asbestos abatement for old Fire Station #6. SUMMARY The abatement cost for station #6 is $365,538.46. Would it be cost effective to clean-up and lease or would it be best to sell it as is. Blurb: Discussion of asbestos abatement for fire station #6. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents ISOW and Pricing Fire Station #6 Abatement.pdf, DATE: June 6, 2023 TO: Scott Anderson – Facilities Director FROM: William Roberts – Target Solutions RE: Fire Station #6 ACM Abatement – Odessa, TX. Target Solutions was engaged for a site assessment and abatement estimate for Fire Station #6, 3414 Brentwood Dr. Odessa, TX. 79762. The city has requested an estimate for the abatement of asbestos containing materials (ACM). General Items: ❑ Target Solutions will provide all Consumables/Equipment needed to complete the ACM abatement and cleaning to ensure affected areas are addressed. ❑ Target Solutions will initially transport all debris to dumpsters located at the jobsite to be disposed of per all environmental regulations. ❑ On-site Safety meeting will be held daily and logged. ❑ All Target Solutions employees will be properly supervised with a management to technician of approx.: (1) Supervisor to (10-15) Technicians. ❑ Target Solutions proposes to run crew on approx. 10-hour shift to complete the work. • Each shift will consist of ▪ Project Manager ▪ Licensed ACM Supervisor ▪ Licensed ACM technicians ▪ Please note that Target Solutions will scale up or scale down as requested by customer’s priorities. ❑ Target Solutions proposes to complete the work in approximately 5 weeks. 4 working days per week at 10-hour shifts to reduce overtime obligations. ❑ Target Solutions will work with City of Odessa, TX. to help with any special needs that may need to be addressed. ❑ All abatement work will be in accordance with the Federal, State, and Local Regulations SCOPE OF WORK: The following information is respectfully submitted as an overview of the necessary services required for the abatement of asbestos containing materials (ACM) at Fire Station #6. Please note the below referenced scope of work is based upon the protocol developed by Texas Consulting Services, LLC. All parties will be advised of deviation to scope and adjustments will be made. Abatement of Floor Tile and Mastic 12” floor tile and mastic, double layer – Front and Dispatch offices. Approx. 400 SF 12” floor tile and mastic under all glue down carpeting (dorm rooms and living area – mixed with 9” in some areas). Approx. 5,800 SF.  Floor tile and mastic throughout the facility ❑ Erect containment per the abatement specifications manual provided by Texas Consulting, LLC to include all required critical barriers, splashguards, decontamination chambers and air filtration. ❑ Provide temporary generator power and fueling to the facility. ❑ Manipulate contents out of the workspaces to storage areas or containers and seal with polyethylene sheeting if applicable. ❑ Display proper signage for ACM abatement work on containments and ingress/egress points. ❑ Deenergize and seal all supply and return ducts throughout the abatement spaces. ❑ Log and maintain personnel sign in and sign out log per abatement specifications. ❑ Verify negative pressure of containment before and during the abatement activities. ❑ Verify containment integrity and site prep with consultant prior to abatement activities beginning. ❑ Utilize wet method removal of ACM floor tile and mastic as specified. ❑ Utilize mastic remover for ACM tile mastic as specified. ❑ Proper disposal of all ACM materials removed in accordance with Federal and State regulations. ❑ Complete final cleaning throughout all areas abated via wet wiping and mopping until free of all visible debris and contaminants. Abatement of CMU wall surfacing CMU wall surfacing on all interior and perimeter CMU block walls and above ceiling grid. Approx. 10,500 SF of ACM wall surfacing. Drywall, cabinetry, other wall coverings present over CMU block walls with the ACM positive surfacing will need to be removed to gain access to the CMU block for abatement. Items detached from walls to access ACM materials will be stored in the garage bay. CMU Wall surfacing – interior and perimeter walls ❑ Erect containment per the abatement specifications manual provided by Texas Consulting, LLC to include all required critical barriers, splashguards, decontamination chambers and air filtration. ❑ Provide temporary generator power and fueling to the facility. ❑ Manipulate contents out of the workspaces to storage areas or containers and seal with polyethylene sheeting if applicable. ❑ Removal and storage/disposal of cabinetry installed over CMU wall surfacing requiring abatement. ❑ Display proper signage for ACM abatement work on containments and ingress/egress points. ❑ Deenergize and seal all supply and return ducts throughout the abatement spaces. ❑ Log and maintain personnel sign in and sign out log per abatement specifications. ❑ Verify negative pressure of containment before and during the abatement activities. ❑ Verify containment integrity and site prep with consultant prior to abatement activities beginning. ❑ Utilize wet method removal of drywall over CMU wall surfacing to reduce dispersal of fibers as specified. ❑ Removal of ceiling grid on CMU block walls where ACM surfacing is present. ❑ Utilize wet blasting technique for removal of CMU surfacing on all CMU walls throughout the facility. ❑ Proper disposal of all ACM materials removed in accordance with Federal and State regulations. ❑ Complete final cleaning throughout all areas abated via wet wiping and mopping until free of all visible debris and contaminants. CRITICAL PATH MANAGEMENT Understanding the sense of urgency inherent in projects of this nature, a flexible approach to the restoration project is mandatory. Following acceptance of this scope of work, a Critical Path Management (CPM) Program will be established that will outline the definitive sequence of events and their corresponding time frames for completion of each event. This CPM Program will be formulated based solely on the sense of urgency as reflected by City of Odessa considering each phase of this operation. Coordination of all phases of this restoration project is critical to the successful, timely, and cost-effective completion of the work. The sequence in which the work will be performed will be discussed following determination of the Critical Path. IMPORTANT POINTS This scope is an overview of the total project. Some cleaning procedures outlined above may be changed at the discretion of Target Solutions’ management to maximize effectiveness and efficiency. This scope is not intended to be a sequential outline of work but rather an overview of the total project. Any changes or alterations to this scope at the request of building management may cause an adjustment to the total project cost. All changes must be submitted in writing and approved by all parties involved before they become binding. It is assumed that Target Solutions will have necessary access to the facility. Common utilities such as water and electrical power must be readily available in suitable quantities. All work and services provided for in this scope are based on initial inspections of the damage. Due to the unknowns in dealing with losses of this nature, some methods of the cleaning effort may require adjustment as the job progresses. All work provided for in this scope is intended to be accomplished under "best effort" circumstances. Daily communication is critical for the success of any project. In an effort to keep all interested parties apprised of the status of this project, we request that the Target Solutions’ on-site Project Manager and a designated representative from City of Odessa meet daily, either in person or via phone or email. It is preferable this representative have decision-making authority regarding any changes, either additions or deletions, to this scope of work. At the request of management, Target Solutions will provide Material Safety Data Sheets (MSDS) on all chemicals brought on-site and used in the restoration, cleaning/decontamination process. All chemicals used are biodegradable. Proof of Insurance will also be provided at the customer's request. PRICING TARGET SOLUTIONS proposes to perform the scope of services as outlined above on current Schedule of Rates. Initial charges upon completion: $365,538.46 PLUS Applicable Taxes ***Upon acceptance of this proposal, an invoice for 30% of proposal, $109,661.54, will be presented for immediate payment, once the work is completed, an invoice will be presented for the remaining balance including any and all change orders. ***The above pricing is for ACM abatement of interior building materials. Exclusions: 1. Reconstruction, 2. Third party air monitoring and Asbestos Consultant Fees, 3. Excludes removal of hazardous or regulated materials (other than ACM in scope). 4. All work areas to be cleared out by others prior to start of any work 5. Generator power and fueling. Will be using utility power and water from the facility It has been Target Solutions’ pleasure to submit this proposal. Thank you for your consideration. Respectfully Submitted, William Roberts Target Solutions 904-589-4336 William.Roberts@TargetTeam.com  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/27/2023 Christopher Hanie City Manager's Office No Work Session? Contacted Legal? Item Type Yes Yes Consent Other, CAPTION Discuss removing Discover Odessa from the Chamber of Commerce SUMMARY Discuss the removal of Discover Odessa from the Chamber of Commerce. Blurb: Removal of Discover Odessa Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents