SC - City of Charleston: Committee On Ways And Means

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Committee On Ways And Means

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7.The Schoolhouse

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720 Magnolia RoadFebruary 13, 20184:30 p.m.

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COMMITTEE ON WAYS AND MEANSInvocation — Councilmember ShealyApproval of Minutes:a.) January 23, 2018

Bids and purchasesMayor's Office for Children Youth and Families: Approval to accept the $20,000 award amountfrom Youth Volunteer Corps Headquarters to continue success and sustainability throughincreased youth volunteers, service projects and volunteer hours. No City match is required.Parks Department: Approval to submit the Keep America Beautiful 2018 Cigarette LitterPrevention Program Grant for the amount of $10,000 for use in cigarette litter abatement efforts,education programming, and litter awareness campaigns in the City of Charleston. No Citymatch is required.Parks-Construction: Approval of a grant application for 2018 Parks and RecreationDevelopment (PARD) funding. This funding would be used to construct a new playground atMall Playground at Hampstead Square. The scope of work includes the removal of existingplay equipment and site preparation, purchase and installation of new playground equipment,purchase and installation Of safety surfacing, and related site improvements. This grantprovides 80% of the cost of a project, with the remaining 20% to be provided as matching funds.The grant funding available is $26, 137.15 (per capita distribution admlnistered by CharlestonCounty Park & Recreation Commission), requiring a $5,237.43 match. Total project funding is$31 ,424.58. Funding will be available by June, 2018. Applicants were notified on January 2,
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2018 that the applications were due to CCPRC by January 11, 2018 in order to meet theLegislative Del

egation agenda deadline. This is an after-the-fact request. There is no fiscalimpact for this action. An approval Of the grant application will only allow the Parks Departmentto submit the document to SCPRT. However, the fiscal impact will occur if the grant applicationis approved for award. Anticipated funding Source for match is the 2018 PlaygroundEquipment Maintenance funds in the Construction Division (523000-52435.)Parks-Capital Projects: Approval of a Professional Services Contract with Johnson, Mirmiranand Thompson in the amount Of $49,500 for engineering and preparation Of constructiondocuments for Phase I of the Ashley River Walk project. Phase I of this project consists of a
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9.pedestrian walkway connecting Brittlebank Park to Lockwood Drive utilizing the existing fixedpier

at Brittlebank park and the existing floating dock and The Bristol Marina. The ProfessionalServices Contract will obligate $49,500 of the $300,000 project budget. The funding sourcesfor this project is 2018 Hospitality Funds ($300,000.)Parks-Facilities Maintenance: Approval of a Construction Contract with Wolff & Son Electric, Inc.in the amount of $50,268 for the replacement of 14 wood poles at various recreation locationsaround the City due to pole top decay, bird hole or ground line decay. The ConstructionContract Will obligate $50,268 Of the $85,000 allotted for the work from the SpecializedDepartment Supplies line item in the Electrical Division and allow for the approval of PRI 76750.Public Service: Approval of Spring/Fishburne US17 Drainage & Transportation Improvements:Division Ill Federal Match (Phase 2) Change Order in the amount Of $42,146 from CrowderConstruction Co. on subject project for revisions to Vortex Box C, repairing SCOOT roadwaylighting, removal of concrete and wood obstructions in the project site, removal/replacement ofexisting roadway trees. Funding for this change order will be covered by the projectcontingency.
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10. Public Service: Approval of Spring/Fishburne IJS17 Drainage & Transportation Improvements:Divisi

on Ill Federal Match (Phase 2) Change Order #10 in the amount of $20,272 from CrowderConstruction co. on subject project for construction of concrete curb along Lockwood Driveoverpasses to prevent erosion on newly-landscaped areas. Funding for this change order willbe covered by the project contingency.
Tagged Passions:stormwater,transportation,funding,strategic,construction,buildings and grounds,restaurants,events

11. Public Service: Approval of Spring/Fishbume US17 Drainage & Transportation Improvements:Division

Ill Federal Match (Phase 2) Change Order #11 in the amount Of $12,650 from CrowderConstruction Co. on subject project for relocation/replacement of trees in close proximity toroadway. Funding for this change order will be covered by the project contingency.
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12. Public Service: Approval of Spring/Fishburne US17 Drainage & Transportation Improvements:Divisio

n Ill Federal Match (Phase 2) Change Order #12 in the amount Of $11,995.17 fromCrowder Construction Co. on subject project for fabrication and installation of signage andapplication of thermoplastic markings not in original contract. The project budget will increaseby $7,071.05. The approval of CO#12 will result in an increase of $7,071.05 to the projectbudget from $25,518,511.36 to $25,525,582.41. Additional funds will come from the KingStreet
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13. Public Service: Approval for Thomas & Hutton to conduct a preliminary drainage study Of theAshle

y Hall Manor drainage basin in the amount of $10,500.
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14. Public Service: Approval for Palmetto Gunite to make miscellaneous repairs in the amount of$57,5

28 Of the posts and sea wall due to damage from Hurricane Irma.
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15. Planning Preservation and Sustainability: Approval Of a Strategic Alliance Memorandum

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2between the City of Charleston and the United States Small Business Administration ("SBA") towork t

ogether to help start, maintain, and expand small businesses in the City Of Charleston.The parties agree to develop and foster a mutual understanding and a working relationship tostrengthen and expand small business development in the City. The City and SBA willnegotiate and sign a separate agreement that defines the training and outreach activitiescontemplated by this Memorandum.
Tagged Passions:arts,training,commercial,business,development,Public Transit,zoning,small business

16. Budget, Finance and Revenue Collections: An ordinance providing for the issuance of$7 Accommodat

ions Tax Revenue Bonds Of the City Of Charleston, SouthCarolina, and other matters relating thereto.
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17. The Committee on Real Estate: (Meeting was held February 12, 2018 at 3:00 p.m. at CityHall, 80 B

road Street, First Floor Conference Room)a.b.c.d.e.An ordinance authorizing the Mayor to execute on behalf of the City a Quit-ClaimDeed to Timothy D. Weber and Tara-Lehua Weber pertaining to 56 South Street soas to release any reversionary interest of the City in 56 South Street.An ordinance authorizing the Mayor to execute on behalf of the City a Quit-Claim Deedto the Gathering at Morris Square, individually and as assignee Of Smith-MorrisCompany, LLC, or its assigns (the "Grantee"), pertaining to City owned properties onCannon Street bearing Charleston County Tax Map Nos. 460-11-04-150 and460-11-04-151 (the "Property"), with the delivery of the Deed being conditioned onGrantee simultaneously granting the City a Temporary Construction Easement and anExclusive Permanent Easement on, over and under the property.Consider the following annexation:
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1430 Agatha Street (TMS# 351-07-00-071) 0.13 acre, west Ashley (District 7). Theproperty is owned by

Victoria Johnson Life Estate.Executive Session: Discussion regarding potential contractual arrangementspertaining to properties located in the Cooper River Bridge Redevelopment District.Action may or may not be taken.Consider a Purchase and Sale Agreement for 101 Broad Street (To be sent underseparate cover by the Real Estate Department)In accordance with the Americans with Disabilities Act, people who need alternative formats, ASL (American SignLanguage) Interpretation or other accommodation please contact Janet Schumacher at (843) 577-1389 or email toschumacheri@charleston-sc.gov three business days prior to the meeting.
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COMMITTEE / COUNCIL AGENDA

TO:

FROM:

SUBJECT:

REQUEST:John J. Tecklenburg, MayorAmy Wharton

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STATE LOBBYING SERVICES

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DEPT.

BFRCApproval to establish a contract for State Lobbying Services with McNairLaw Firm, P.A., 1221 Mai

n St., Suite 1800, Columbia, SC 29201.Solicitation #17-P038C.
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COMMITTEE OF COUNCIL:

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DATE:Ways & MeansFebruary 13, 2018COORDINATION: This request has been coordinated with: (attach all

recommendations/reviews)NIA Signature of Individual Contacted AttachmentCorporate CounselCap. Proj. Cmte. ChairProcurement DirectorFUNDING: Was funding previously approved? Yes NO N/AIf yes, provide the following:Dept./Div.:Account #:
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52206Balance in Account

$60,000Amount needed for this itempoes this document need to be recorded at the RMC's Office?NEED: I

dentify any critical time constraint(s).CFO's Signature:
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FISCAL IMPACT:Mayor's Signature:

$60,000.00Yes C] NoJohn J. T enbu , Mayor

ORIGINATING OFFICE PLEASE NOTE: A FULLY STAFFED/APPROVED (except Mayor's Signature) PACKAGE IS

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DUE IN THE CLERK OF COUNCIL'S OFFICE NO LATER THAN 10:00AM THE DAY OF THE CLERK'S AGENDA

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MEETING.Ranking-SheetState Lobbying Services RFPSolicitation 17-P037CDecember 21, 2017Rankin s Of Sc

orersFirmle Michel Law FirmMcGuire Woods ConsultinMcNair AttorneTimberlake CommunicationsBuyer
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15Score-SheetState Lobbying Services RFPSolicitation #17-P037CNovember 28, 2017Scores of ScorersFirm

Ca it-ol ConsultantsCo er Dome Public Affairsle Michele Law FirmMcGuire Woods ConsultantsMcNair AttorneParker Poe ConsultinState Ca ital GrouTimberlake CommunicationsTom kins Thom son and Brown
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277BuyerCity of CharlestonProcurement Division

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75 Calhoun Street, Suite 3500Charleston, SC 29401

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DATE:

TO:

FROM:

MEMORANDUMFebruary 5, 2018Vanessa Turner-MaybanWJennifer CookRobin Barrett Robinson, Senior Buyer

T: (843) 724-7314

F: (843) 720-3872

SUBJECT: 17-P037C - State Lobbying ServicesEnclosed are five (5) copies Of the contract for the Stat

e Lobbying Services RFP that was done.Please have them signed, keep one for your records, send one to Mrs. Amy Wharton, one to Ms.Frances Cantwell and return the two (2) remaining contracts to me. We will maintain onecopy in our contract file and forward One to the vendor.Thank you,Robin Barrett RobinsonSenior Buyercc: File
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STATE OF SOUTH CAROLINA

COUNTY OF CHARLESTON

AGREEMENT BETWEEN THE CITY OF CHARLESTON

AND MCNAIR ATTORNEYS FOR

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STATE LOBBYING SERVICESTHIS AGREEMENT is entered into thisday of

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20 between theCity of Charleston, a municipal corporation organized under the laws of the State of S

outh Carolina(hereinafter referred to as "the City"), and McNair Attorneys (hereinafter referred to as the'Contractor").NOW, THEREFORE, for and in consideration of the mutual promises, covenants andconditions stated herein, the panies agree as follows:
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SCOPE OF SERVICESThe parties agree that the Contractor shall filmish services and any necessary supp

lies andequipment for the Commodity/Service in accordance with Solicitation #17-P037C. Allattachments and exhibits, including Exhibits A, B, C, and D listed below, shall be incorporatedExhibit A:Exhibit B:Exhibit C:Exhibit D.Solicitation #17-P037C (the 'ff{equest for Proposal")Addenda to SolicitationInsurance RequirementsContractor's Proposal & Cost ProposalThe Contractor shall diligently and in a professional and timely manner perform theservices as described in Exhibit A, Exhibit B and Exhibit D as approved by the City infulfilling its obligations as set forth in this Agreement. Unless modified in writing by theparties hereto, the duties Of the Contractor shall not be construed to exceed the provision Ofthe services pertaining to this Agreement.
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2.The Contractor heRby warrants and represents to the City that it possesses all necessarylicenses t

o perform the work as set forth in this Agreement, carries the requisite insurancepolicies as set forth in Exhibit C, and is competent and able to provide professional andhigh quality services to the City in accordance with this Agreement.. The Contractor shall bill only for work according to Exhibit A, Exhibit B and Exhibit D asapproved by the City and the proposed pricing for such work as shown in Exhibit D. Noadditional work shall be performed unless requested by the City Official authorized for thisproject. If the City requests any additional work from the Contractor, the parties shallnegotiate any possible additional costs related thereto prior to Contractor's performance ofsuch requested additional work.
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4.The Contractor agrees to send any and all reports of work done by the Contractor to theCity on a r

egular basis and to the agreed upon City Representative.
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52.

CONTRACT TERMThe initial term of this Agreement shall be for a period of (2) years from the date ofe

xecution. The City reserves the right to extend the Agreement if the City determines theextension is in its best interest; said extension will be on an annual basis and shall not exceedfour (4) additional One (l) year periods
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COMPENSATION AND PAYMENT TERMSThis Agreement authorizes payments not to exceed $60,000.00 (sixty tho

usand dollars and zerocents) to be made in accordance with the Request for proposal, Addenda and the Contractor(s)'Proposal Response and Cost proposal, Exhibits A, B, and D. Payment terms shall be Net 30days after receipt of an approved invoice by the City. Payment to the Contractor shall be madeafter services have been rendered. The Contractor must submit an original invoice for eachpayment request to the City in care of Accounts Payable whose mailing address is PO Box 853,Charleston, SC 29402, and whose physical office is located at 1 16 Meeting Street, Charleston,SC 29401. Faxed and/or copied invoices from the Contractor to the City shall not be accepted.Rates shall not increase during the term of this Agreement or any agreement extensions. If theContractor requests a price increase, it shall be in accordance with the US Department ofLabor,'Bureau of Labor Statistics/Consumer Price Indexes, and shall only be requested ninety(90) days prior to the anniversary date of the Agreement. The City shall have the solediscretion to honor Or reject the Contractor's request for a price increase.
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WARRANTIES AND REPRESENTATIONS

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B.The Contractor hereby represents and acknowledges that it is a licensed contractorcapable of perfo

rming the work hereunder.The Contmctor warrants and represents that its staff is knowledgeable about, andexperienced in providing the services specified in the work required in accordance withthis Agreement and warrants that it will use its best skill and attention to provide theservices in a professional and timely manner.SUBCONTRACrORS
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A.

B.c.The Contractor shall not substitute any Subcontractor without the prior written consentof the Ci

ty's Director of Procurement.The Contractor shall be responsible for all services performed by a Subcontractor.Responsibilities include, but are not limited to, compliance with any applicablelicensing and insurance regulations.If at any time the City's Director of Procurement determines that any Subcontractor isincompetent or undesirable, he shall notify the Contractor accordingly, and theContractor shall take immediate steps for the temination/cancellation of theSubcontractor from any further work On the project. In addition, the Contractor shalltake the necessary steps to replace such terminated Subcontractor from work on theproject with a Subcontractor who is acceptable to the City.
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D. Nothing contained in any contract resulting from this Agreement shall create anycontractual relat

ionship between any Subcontractor and the City of Charleston.
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INDEMNIFICATIONExcept for expenses or liabilities incurred by the Contractor arising from the neglig

ence of theCity, the Contractor hereby expressly agrees to indemnifry and hold the City harmless againstany and all expenses and liabilities arising out of the performance or default Of this Agreementas follows:The Contractor expressly agrees to the extent that there is a causal relationship between itsnegligent, reckless or intentionally wrongful action Or inaction, or the negligent, reckless orintentionally wrongful action or inaction of any of its employees or Subcontractors or anyperson, finn, or cozporation directly or indirectly employed by the Contractor, and any damage,liability, injury, loss or expense (whether in connection with bodily injury or death or propertydamage or loss) that is suffered by the City and its employees or by any member of the public,to indemnify and Save the City and its employees harmless against any and all liabilities,penalties, demands, claims, lawsuits, losses, damages, costs and expenses arising out of theperformance or default of this Agreement. Such costs shall include defense, settlement, courtcosts and reasonable attorneys' fees incurred by the City and its anployees. This promise bythe Contractor to indemnify the City shall include bodily injuries Or death occurring to theCity's officers, officials, employees and any person directly or indirectly employed by the City,the City's employees, the employees of any other independent contractors includingSubcontractors, or to any member of the public. When the City submits notice, Contractorshall promptly defend any aforementioned action. This obligation shall survive the suspensionor tennination Of this Agreement. The limits of insurance coverage required herein shall notserve to limit this indemnity obligation. The recovery of costs and fees shall extend to thoseincurred in the enforcement of this indemnity.
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INSURANCE REQUIREMENTSThe Contractor shall comply with all insurance requlrements which are set fort

h in Exhibit C.
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GRATUITIES AND KICKBACKSGratuities. It shall be unethical and a violation of this Agreement by the C

ontractor for anyperson to offer, give or agree to give any employee or former employee, or for any employee orformer employee to solicit, demand, accept, or agree to accept from another person a gratuity oran offer of employment in connection with any decision, approval, disapproval,recommendation, preparation or any part of a program requirement or a purchase request,influencing the content of any specification or procurement standard, rendering of advice,investigation, auditing, or in any other advisory capacity in any proceeding or application,request for ruling, determination, clam or controversy, or other particular matter pertaining toany program requirement Of a contract or subcontract, or to any solicitation or bid therefore.Kickbacks. It shall be unethical and a violation of this Agreement by the Contractor for anypayment, gratuity, or offer of employment to be made by or on behalf of a Subconfiactor under
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a contract to the Contractor, or to hire any Subcontractor Or any person associated therewith, asan

inducement for the award ofa subcontract or order.
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