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R2019-264 2019-10-28 RESOLUTION NO. R2019-264 A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with Brazoria County for the purchase of Hardware Supplies and Materials from Pearland Lumber Company, Inc., in the estimated amount of$100,000.00, for as needed materials for fiscal year 2020. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and Brazoria County. a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That FY2020 expenditures with Pearland Lumber, in the amount of $100,000.00, are hereby approved. Section 3. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with Brazoria County. PASSED, APPROVED and ADOPTED this the 289" day of October, A.D., 2019. UUuru, oo° ✓ £ TOM REID MAYOR • ATTEST: ---:74--mumaaco ARIA ROD`IGUEZ / • INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution 200549 EXHIBIT A INTERLOCAL AGREEMENT BETWEEN COUNTY OF BRAZORIA AND CITY OF PEARLAND, TEXAS This agreement is made th•is .Z£ii it day of 'grYI I 2005 between the County of Brazoria, Texas and the City of Pearland,Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation ActTM, Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the promises and mutual promises contained herein, agree as follows: WHEREAS, the contract is made under the authority of Section 791.001-791.029 of the Texas Government Code; and, WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHERAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract. Each party hereby makes, constitutes and appoints the other party its true and lawful purchasing agent for the purchase of various commodities using Annual Contracts (Bids). Each party will maintain a listing of Annual Contracts which are available for the other party's use. To utilize one or more of these contracts, each party must request authorization, in writing, to the other party. Upon receipt of request, the receiving party will forward a copy of the appropriate Annual Contract to the requesting entity. Each party agrees that the other party shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by the other party according to its usual bidding procedures and in accordance with applicable State statutes. II. Each party agrees that all specifications for selected Items shall be as determined by the other party. III. Each party agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or bidders shall bill each party directly for all items purchased and each party shall be responsible for vendor's compliance with all conditions of delivery and quality of the purchased items. Iv. Bill Eisen, City Manager, is hereby designated as the official representative to act for the City of Pearland, Texas in all matters relating to this agreement. • V. John Willy, County Judge, is hereby designated as the official representative to act for the County of Brazoria, Texas in all matters relating to this agreement. VI. This agreement shall be in effect from the date of execution until terminated by either party to the agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. B" ' �� CITY OF PEARLAND, TEXAS BY: alBY: , (-'!na✓-) , (Signature) NAME: JOHN WILLY NAME: BILL EISEN TITLE: COUNTY JUDGE TITLE: CITY MANAGER DATE; :f8 Aanl 05 DATE: May 24, 2005 BRAZORIA COUNTY PURCHASING DEPARTMENT OF T c Susanne Brumley CPPB (1!'" =‘fr`\ Procurement Officer �� lI) Tracy Jackson CPPB t;A#,, r � 'O) Contract Specialist ir Cipr d) Or '- Charles Charles Crook CPPB County Purchasing Agent May 2,2005 Mr.Bill Eisen City Manager City of Pearland 3519 Liberty Drive Pearland,TX 77581 RE: Contract#05-59 interlocal Agreement between City of Pearland,Texas and Brazoria County Dear Mr. Eisen: Enclosed are two copies of the agreement between the City of Pearland,Texas and Brazoria County, that have already been signed by the Brazoria County Judge. If you are in agreement with this contract,please sign both copies and return one of them back to Brazoria County Purchasing Department for our records. It should be addressed to the following: Charles Crook CPPB Brazoria County Purchasing Agent - - - 111 E.Locust,Bldg.A-29,Suite 100 Angleton,TX 77515 Thank you for your interest in Brazoria County. If you have any questions,please do not hesitate to contact me. Very truly yours, viz Charles Crook CPPB ve Brazoria County Purchasing Agent Enclosure(s) III E.Locust Suret,Bldg.A-29,Suite 100,Angleton.Texas 77515 Telephone(979)864-1825 or(281)756-1825 Fax(979)864-1034 RESOLUTION NO. R2005-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR COOPERATION IN THE PURCHASING OF VARIOUS COMMODITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interlocal agreement by and between the City of Pearland and Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an interlocal agreement with Brazoria County, for cooperation in the purchasing of various commodities. PASSED,APPROVED and ADOPTED this the 23rd day of May A.D., 2005. 2a, TOM REID MAYOR ATTEST: - L ,4cY/4 a .d. _-i/ NG ' 'f 'G SR� / SE TARP APPROVED AS TO FORM: Gam. ale DARRIN M. COKER CITY ATTORNEY BRAZORIA COUNTY CONTRACT SHEETS RFP #16-20 HARDWARE SUPPLIES AND MATERIALS TERM: MARCH 08, 2019 TO MARCH 07, 2020 RFP 16-20 Hardware 8upplia and Materials +c t SAR SOLUTIONS INC.dea ;2a: 11811E:1 LAKE HARDWARE AND LUMBER PEARLAND LUMBER COMPANY,INC. MCCONS BUILDING SUPPLY P.O.BOX 898 2027 N.MAIN ST 1350 IH 35 N :4L v LAKE JACKSON.TX 77586 PEARLAND,TX 77581 SAN MARCOS,TX 78667 RCM WHITMARSH JOHN LOESSIN MANDY EAGAN (979)8490321 (261)46510]0 (512)395-6644 T.yTfT (979)84.0 .2611 (2811485-8545 (88)3417918 ling " sl Hair ?p '?�M4dA uiN7 � p .k IaT6116 weir %uuvedOh .dao0d]uNewtax- orratoaeneTri -:rWu�b]bubMet(dM a7Yt a .4=F PLUMBING REPAIR& LUMBER 20% PAINT&SUNDRIES 0%-20% MAINTENANCE 4.50% 20% HAND TOOLS 0%-20% PAINT SUNDRIES 4.50% PLUMBING& BUILDERS DRYWHLL 20% ELECTRICAL SUPPLIES 0%-20% HARDWARE 4.50% HARDWARE& u,l.. . ELECTRICAL 10%Off Retail FASTENERS 0%-20% WEATHERSTRIPPING 4.00% ELECTRICAL LAWN&GARDEN 35% SUPPLIES 0%-20% MOULDING 4.00% LUMBER&BUILDING HANG TOOLS 10%Otl Retail MATERIALS 0%-20% PIPE 4.00% MILLWORK,DOORS& POWERTOOLS 18% WINDOWS 0%-20% HAND TOOLS 4.00% HARDWARE 10%OII Retell POWER TOOLS 4.03% °J ncnsmaa, VENTILATION,& AC SUPPLY 10%08 Retail NAILS/FASTENERS 375% LAWN 8 KITCHEN CABINETS) GARDEN 10%OIIRetall COUNTERTOPS 3.50% PAINTING SUPPMES 10%Off Retail PAINT 350% PLUMBING SUPPLIES 10%OB Retail LIGHT FIXTURES 3.50% DOORS, METAL ROOFING WINDOWS. ACCESSORIES FOR METAL MILLWORK 20% ROOFS 3.25% FELT 325% FIBERGLASS,ATTICAT, HOUSEWRAP,FLASHING,TAPE 3.00% CULVERTS 300% S a ELECTRICAL 3.00% P PLUMBING FIXTURES 3.00% ':),&:)41.)11',L):44 v^ 1%4,1X8,D-GRADE + tib sFLUMBER 3,00% 4 gEBAR,MESH,BAGGED m""NNS( f,tt.{s GOODS,BLOCKS,STUCCO 2.75% ROOFING ACCESSORIES 375% 2/27/19 PAGE 1 OF 3 BRAZORIA COUNTY CONTRACT SHEETS REPO 16-20 Hardware Supplies and Mabiab MR SOLUTIONS INC.Ebe RWIPOtOENPSN,WEI LAKE HARDWARE AND LUMBER PEARLAND LUMBER COMPANY INC. MCCOYS BUILDING SUPPLY . ;N'b11Qip P.O.BOX 898 2027 N.MAIN ST 1350 IH 35N LAKE JACKSON,TX 77566 PEARIAND,TX 77581 SAN MARCOS,TX]058] °,YIU'fm FA ROB WHITMARSH JOHN LOESSIN MANDY EAGAN �Tr,{eAA'M!f)1(16� (979)849-8321 (281)485-1474 (512)395-8844 " NI) BNL: (9]91848-2511 (281;4858515 (08)341-]918 30h.bNed, PMMICf u ,r YT0S E T .YNFam uaM41eIMM � oliiiORI dR[IuRETAIL aMOVE SOFT PPowmoucnApH dAeT011l Ilnm :PMMMCT pYC11I1gX � � aFFMrt WINDOWS 2,75% • HOUSEWARES 275% CORRUGATED IRON 2.50% ny „vv HARDWARE CLOTH,POULTRY NETTING.CHAIN LINK LL Wit= ACCESSORIES 2.50% DOORS 2.50% MOBILE HOME ACCESSORIES 250% SEASONAL LAWN/ GARDEN 2,50% FLOORING 2.25% PANELING 2.25% TREATED LUMBER STUDS(2X4 2X8) 2.00% TRIM,DIMENSIONAL BOARDS,WESTERN SPECIES 200% CEDAR&REDWOOD BOARDS 2.00% PLYWOODS 2.00% JOINT COMPOUND, TAPE,TEXTURE& ACCESSORIES 2.00% AUTOMOTNE 2.00% WATER HEATERS 2.00% APPAREL 2.00% VINYL SIDING 1.75% SHINGLES,ROLLED ROOFING 1.75% 1L OTHER SHINGLES 1.75% WESTERN SPECIES 2X4,SPRUCE.HEM-FIR, PTF DOUGLAS FIR 1.50% „( WOOD SIDINGS 1.50% 3 .',SfMTl4+ GYPSUM BOARD 150 PACKAGED CEMENT ° PRODUCTS FOSHEATHING (OWECO NS CORNING) 1.50% 2/27/19 PAGE 2 OF 3 BRAZORIA COUNTY CONTRACT SHEETS RFPH 15-20 Hardware Supplies and Materials SAR SOLUTIONS INC.dba pFSpbKM%IUMp LAKE HARDWARE AND LUMBER PEARLAND LUMBER COMPANY,INC. MCCOYS BUILDING SUPPLY `}OOR6W P.O.BOX 898 2027 N.MAIN ST 1350 IH 35 N LAKE JACKSON,TX 77588 PEARLAND,TX 77581 SAN MARCOS,TX 78587 gpIMIW;:-, ROB WHITMARSH JOHN LOESSIN MANDY EAGAN 1Y3��IWIF%Ilr (979)849-8321 (281)485-1474 f512)395-8844 faRM11�f0L (970)848-2611 (281)4858545 (88)3414918 O�sdTa�: 9ROoICT Milord% YM4Eh iiMWSM% $116'flan pnGMrCK Dh non MAIL .%AwPRODUCT DOST SOODT OESCFIPICK GFSTORE StAt MIWYDTD.sawmK *x 0F1WF` WELDED WIRE.FENCING TOOLS,ELECTRIC FENCING 150% GATES,PANELS,FEEDERS, EOUINEBi00EO EQUIPMENT 1.50% GATE ACCESSORIES 1.50% CHAIN LINK FENCING 1,25% CEMENT FIBER SIDING BACKERBOARD 1.03% BARBED WIRE.FIELD FENCE WOOD 6 STEEL POSTS 1.00% STOCK TANKS,SADDLE RACKS, GOAT HOG.SHEEP EQUIPMENT 100% SHELTERS TACK 1.00% T-POSTS&ACCESSORIES 0.70% WHITEWOOD STUDS 050% =PRODUCTS 0.50% ROLLED ELECTRICAL WIRE (180103,180104,180108,180116) 040% MCCOYS 6 PANEL INTERIOR PREHUNG DOORS 0.25% WESTERN RED CEDAR FENCING 020% •These are general product descnptans.Ealdiscountson specific items are set in McCoys pont of sale system. McCoys De'Mims-.Discount percentage by sku Is same for aH purchases of that sku rio matter Wind USSon purchases are made.Product pnce can vary slightly by store location based on Inbound freight cost horn manufacturer to store locator. 2127/19 PAGE 3 OF 3 Resolution No. R2019-264 °` City of Pearland ,'nn ADI A 3519 Liberty Drive LS KINPearland, TX 77581 General Services Contract This Contract(Contract)is made between the City of Pearland,Texas(City),and Contractor. The City and Contractor agree to the terms and conditions of this Contract,which consists of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor. Pearland Lumber Company, Inc. 2027 N. Main Street Pearland,TX 77581 Description of Services: Contractor will provide Hardware Supplies and Materials as needed in accordance with specifications of Brazoria County Bid #16-20;City Council Resolution#R2019-264. Contract Type: Unit Price Contract,estimated at$100,000. Effective Date: October 01,2019 Termination Date: September 30, 2020 Renewal: No renewal options contemplated at this time. II. Signatures. By signing below,the parties agree to the terms of this Contract: CI • PEARLAND CONTRACTOR: ir n vtcc ((kariiv r Bw'3f c p si ,anger •a e Name'nd Ti ,S17?/ Dater 10-31 - 19 '5.! .r. by. •'.te: //-44— `I r / City Manager _Assistant City Manager Director _Program Manager *Contract Signature Authority: Program Manager 45,999 or less Director-$6,000 to$30,000 City Manager/Assistant City Manager-$30,001 to$50,000 City Council Resolution-$50,000+ Page 1 of Ill. Standard Contractual Provisions. A. Definitions. Contract means this Standard Services Contract. Services means the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract,but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph,the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph,the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. (3) Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the Citys sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance of this Contractor that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third-party defendant as allowed by law. E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations,or contracts,either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action,to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one- half of the mediator's fees. J. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contractor for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None. V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. A. Contractor's Additional Contract Documents: 1. The contractor's response to Brazoria Count Bid #16-20 shall be construed as additional contract documents. B. City's Additional Contract Documents: 1. City standard insurance requirements. 2. Scope of Services, Exhibit A. Exhibit A CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of providing Hardware Supplies and Materials as needed in accordance with specifications of Brazoria County Bid #16-20 and Contractor's response to the same, as listed below and City of Pearland, City Council Resolution#R2019-264. PRODUCT DESCPRTION DISCOUNT Paint and Sundries 0 —20% Hand Tools Plumbing & Electrical Supplies Hardware & Fasteners Lawn & Garden Supplies Lumber& Building Materials -- Millwork, Millwork, Doors &Windows