R2020-175 2020-09-14RESOLUTION NO. R2020-175
A Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in an interlocal agreementwith Brazoria Countyforthe 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
2021.
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 FY2021 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 14th day of September A.D., 2020.
ATT T:
TAL ROAN, 2TRM CCMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
,rrrrrrrirnuNrr ��,
Resolution 2005-89
EXHIBIT A
INTERLOCAL AGREEMENT
BETWEEN COUNTY OF BRAZORIA AND CITY OF PEARLAND, TEXAS
This agreement is made this ,Z L�') t�' day ofd 2005 between the County
of Brazoria, Texas and the City of Pearland, Texas.
Pursuant to the authority granted by the "Texas Interlocal Cooperation Act", 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.
Each party agrees that all specifications for selected items shall be as determined by
the other party.
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.
in
NAME: JOHN WILLY
TITLE: COUNTY JUDGE
DATE: Xe -1 A'r,L 05
CITY OF PEARLAND, TEXAS
BY: jo�f^
(Signature)
NAME: BILL EISEN
TITLE: CITY MANAGER
DATE: May 24, 2005
t
a
r
BRAZORIA COUNTY PURCHASING DEPARTMENT
Susanne Brumley CPPB
Procurement Officer
Mr. Bill Eisen
City Manager
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Charles Crook CPPB
County Purchasing Agent
May 2, 2005
Tracy Jackson CPPB
Contract Specialist
RE: Contract #05-59 Interlocal Agreement between City of Pearland, Texas and Brazoria County
Dear Mr. Eisen:
Enclosed are two copics 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 _
- I I 1 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,
CW6
Charles Crook CPPB
Brazoria County Purchasing Agent
Enclosure(s)
11 l E. Locust Street, 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 Ma
A.D., 2005.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(0'...—,
de—
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT B
BRAZORIA COUNTY CONTRACT SHEETS
RFP # 16-20 HARDWARE SUPPLIES AND MATERIALS
TERM: MARCH 08, 2020 TO MARCH 07, 2021
RFP# 16-20 Hardware Supplies and Materials
3/9/20 PAGE I OF 3
SAR SOLUTIONS INC. dba
RESPONDENT'S NAME
LAKE HARDWARE AND LUMBER
PEARLAND LUMBER COMPANY INC.
MCCOY'S BUILDING SUPPLY
ADDRESS
P.O. BOX 898
2027 N. MAIN ST
1350 IH 35 N
LAKE JACKSON, TX 77566
PEARLAND, TX 77581
SAN MARCOS, TX 78667
QUOTED BY:
ROB WHITMARSH
JOHN LOESSIN
MANDY EAGAN
TELEPHONE NUMBER:
979 849$321
(281)485-1474
512 395-6644
FAX NUMBER:
979 848-2611
281 485-8545
88 341-7918
Contract Term:
3/8/16 t0 3/7/17
PRODUCT
DESCRIPTION
MINIMUM %
OFF STORE RETAIL
% ABOVE COST
PRODUCT DESCRIPTION
MINIMUM %
OFF STORE RETAIL
PRODUCT DESCRIPTION
MINIMUM %
OFF LIST
PLUMBING REPAIR &
LUMBER
20%
PAINT & SUNDRIES
0%-20%
MAINTENANCE
4.50%
ROOFING
20%
HAND TOOLS
0%-20%
PAINT SUNDRIES
4.50%
PLUMBING &
BUILDERS
DRYWALL
20%
ELECTRICAL SUPPLIES
0%-20%
HARDWARE
4.50%
HARDWARE &
ELECTRICAL
10% Off Retail
FASTENERS
0%-20%
WEATHERSTRIPPING
4.00%
ELECTRICAL
LAWN & GARDEN
WIRE &CABLE
35%
SUPPLIES
0%-20%
MOULDING
4.00%
LUMBER & BUILDING
HAND TOOLS
10% Off Retail
MATERIALS
0%-20%
PIPE
4.00%
MILLWORK, DOORS &
POWER TOOLS
18%
WINDOWS
0%-20%
HAND TOOLS
4.00%
HARDWARE
10% Off Retail
POWER TOOLS
4.00%
VENTILATION, &
AC SUPPLY
10% Off Retail
NAILS/FASTENERS
3.75%
LAWN &
KITCHEN CABINETS/
GARDEN
10% Off Retail
COUNTERTOPS
3.50%
PAINTING
SUPPLIES
10% Off Retail
PAINT
3.50%
PLUMBING
SUPPLIES
10% Off Retail
LIGHT FIXTURES
3.50%
DOORS,
METAL ROOFING
WINDOWS,
ACCESSORIES FOR METAL
MILLWORK
20%
ROOFS
3.25%
FELT
3.25%
FIBERGLASS,ATTICAT,
HOUSEWRAP FLASHING TAPE
3.00%
CULVERTS
3.00%
ELECTRICAL
3.00%
PLUMBING FIXTURES
3.00%
1X4,1X8, D -GRADE
LUMBER
3.00%
REBAR, MESH, BAGGED
GOODS BLOCKS STUCCO
2.75%
ROOFING ACCESSORIES
2.75%
3/9/20 PAGE I OF 3
BRAZORIA COUNTY CONTRACT SHEETS
RFP# 16-20 Hardware Supplies and Materials
RESPONDENTS NAME
SAR SOLUTIONS INC. dba
LAKE HARDWARE AND LUMBER
PEARLAND LUMBER COMPANY, INC.
MCCOY'S BUILDING SUPPLY
ADDRESS
P.O. BOX 898
2027 N. MAIN ST
1350 IH 35 N
LAKE JACKSON, TX 77566
PEARLAND, TX 77581
SAN MARCOS, TX 78667
QUOTED BY:
ROB W HITMARSH
JOHN LOESSIN
MANDY EAGAN
TELEPHONE NUMBER:
979 849-8321
(281)485-1474
512 395-6644
FAX NUMBER:
979 848-2611
281 485-8545
88 341-7918
Contract Term:
3/8/16 to 3(7/17
PRODUCT
DESCRIPTION
MINIMUM %
OFF STORE RETAIL
% ABOVE COST
PRODUCT DESCRIPTION
MINIMUM%
OFF STORE RETAIL
PRODUCT DESCRIPTION
MINIMUM %
OFF LIST
WINDOWS
2.75%
HOUSEWARES
2.75%
CORRUGATED IRON
2.50%
HARDWARE CLOTH, POULTRY
NETTING, CHAIN LINK
ACCESSORIES
2.50%
DOORS
2.50%
MOBILE HOME
ACCESSORIES
2.50%
SEASONAL LAWN/
GARDEN
2.50%
FLOORING
2.25%
PANELING
2.25%
TREATED LUMBER
STUDS 2X4 2X6
2.00%
TRIM,DIMENSIONAL
BOARDS WESTERN SPECIES
2.00%
CEDAR & REDWOOD
BOARDS
2.00%
PLYWOODS
2.00%
JOINT COMPOUND,
TAPE,TEXTURE &
ACCESSORIES
2.00%
AUTOMOTIVE
2.00%
WATER HEATERS
2.00%
APPAREL
2.00%
VINYL SIDING
1.75%
SHINGLES ROLLED ROOFING
1.75%
OTHER SHINGLES
1.75%
WESTERN SPECIES
2X4,SPRUCE, HEM -FIR,
DOUGLAS FIR
1.50%
WOOD SIDINGS
1.50%
GYPSUM BOARD
1.50%
PACKAGED CEMENT
PRODUCTS
1.50%
FOAM SHEATHING
OWENS CORNING
1.50%
3/9/20 PAGE 2 OF 3
BRAZORIA COUNTY CONTRACT SHEETS
RFP# 16-20 Hardware Supplies and Materials
3/9/20 PAGE 3 OF 3
SAR SOLUTIONS INC. dba
RESPONDENT'S NAME
LAKE HARDWARE AND LUMBER
PEARLAND LUMBER COMPANY, INC.
MCCOY'S BUILDING SUPPLY
ADDRESS
P.O. BOX 898
2027 N. MAIN ST
1350 IH 35 N
LAKE JACKSON, TX 77566
PEARLAND, TX 77581
SAN MARCOS, TX 78667
QUOTED BY:
ROB WHITMARSH
JOHN LOESSIN
MANDY EAGAN
TELEPHONE NUMBER:
979 849$321
281 485-1474
512 395-6644
FAX NUMBER
979 848-2611
281 485-8545
88 341-7918
Contract Term:
3/8/16 to 317/17
PRODUCT
MINIMUM %
MINIMUM %
MINIMUM %
DESCRIPTION
OFF STORE RETAIL
% ABOVE COST
PRODUCT DESCRIPTION
OFF STORE RETAIL
PRODUCT DESCRIPTION
OFF LIST
WELDED WIRE, FENCING
TOOLS ELECTRIC FENCING
1.50%
GATES, PANELS, FEEDERS,
EQUINE/RODEOEQUIPMENT
1.50%
GATE ACCESSORIES
1.50%
CHAIN LINK FENCING
1.25%
CEMENT FIBER SIDING
BACKERBOARD
1.00%
BARBED WIRE, FIELD
FENCE WOOD & STEEL POSTS
1.00%
STOCK TANKS,SADDLE RACKS,
GOAT HOG,SHEEP EQUIPMENT
1.00%
SHELTERS TACK
1.00%
T -POSTS & ACCESSORIES
0.70%
WHITEWOOD STUDS
0.50%
OSB PRODUCTS
0.50%
ROLLED ELECTRICAL WIRE
180103180104,180108180116
0.40%
MCCOYS 6 PANEL INTERIOR
PREHUNG DOORS
0.25%
WESTERN RED CEDAR FENCING
0.20%
These are general product descriptions. Exact discountson
specific items are set in McCoy's point of sale system.
McCoy's Deviations: Discount percentage by sku is same for all
purchases of that sku no matter which location purchases are
made. Product price can vary slightly by store location based on
inbound freight cost from manufacturer to store location.
3/9/20 PAGE 3 OF 3
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%A
City of Pearland
3519 Liberty Drive
Pearland, 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 #R2020-175.
Contract Type: Unit Price Contract, estimated at $100,000.
Effective Date: October 01, 2020
Termination Date: September 30, 2021
Renewal: No renewal options contemplated at this time.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND CONTRACTOR:
Digitallysigned 1— ity fr
John Mccarter�"'` '°M1°" rt"� "°" 9-28-2020 t
°'°" c t3 I
Da
m ,1 1 a, 9 _
Assists F a D2.N.— 11
Date Name and�iTitle:
- Date:�—
'S�Aqs_sistant
ate:
�nager
City Manager
Director
Program Manager
'Contract Signature Authority: Program Manager -$5,999 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 4
III. 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 City's 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 Contract or
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 contract or 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 #R2020-175.
PRODUCT DESCPRTION
DISCOUNT
Paint and Sundries
0-20%
Hand Tools
Plumbing & Electrical Supplies
Hardware & Fasteners
Lawn & Garden Supplies
Lumber & Building Materials
Millwork, Doors & Windows