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R2020-229 2020-11-09RESOLUTION NO. R2020-229 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply purchase of plumbing parts and supplies associated with COVID-19 mitigation efforts at City facilities, to Best Plumbing Specialists, in the estimated amount of $86,440.76. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: S ection 1. As authorized by Local Government Code 252.022(a), cost proposals for emergency services related to COVID-19 mitigation efforts at City Facilities were obtained. S ection 2. That the City Council hereby awards a unit cost contract to Best Plumbing Specialists, in the estimated amount of $86,440.76. S ection 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of plumbing parts and supplies associated with COVID-19 mitigation efforts at City Facilities. PASSED, APPROVED and ADOPTED this the 9th day of November, A.D., 2020. ATTE C Alnivr6, SAL ROA , TRMC, CMC CIT SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR tt ` ```mft„ I 1r1,'' f• as • art P•.,.. A•0. MA lAtii tat Bill To Ship To Accounts Payable P.O. Box 2719 Pearland, TX 77588-2719 accountspayable@pearlandtx.gov Vendor Best Plumbing Specialties Inc Vendor No. 11151 Contact Lisa Shroyer PO Box 750 MYERSVILLE, MD 21773 3501 East Orange St PEARLAND, TX 77581 City of Pearland Reprint Purchase Order No. 2021-00000512 11/23/20 Deliver by Ship Via Freight Terms Originator Cindy Schroedter Resolution Number R2020-229 Special Instructions Quantity U/M Description Unit Cost Total Cost 1.0000 EACH Plumbing - Parts & Supplies Item Description Emergency PO for plumbing fixtures before Dec 30,2020 Covid19 $77,322.3500 $77,322.35 Total Due $77,322.35 Purchase Order Terms & Conditions 1. Acceptance: Acceptance of this order must be without qualifications. Buyer hereby objects to and will not be bound by any different or additional terms and conditions contained in the acceptance unless each such different or additional term is expressly agreed to in writing by city. Vendor's action in (a) accepting this order, (b) delivering materials, or (c) performing services called for hereunder shall constitute an acceptance of terms and conditions below on this order. 2. Contractual Relationship: Vendor shall perform the work described independently and not as an employee of the city. The city has no right to supervise, direct, or control the Vendor or the Vendor's officers or employees in the means, methods, or details of the work to be performed by Vendor. The city and Vendor agree that the work performed is not inherently dangerous, that Vendor will perform the work in a workmanlike manner, and that Vendor will take proper care and precautions to ensure the safety of Vendor's officers and employees. 3. Insurance: All insurance requirements applicable shall be fulfilled prior to the issuance of this Purchase Order. Vendor is responsible for keeping required insurance current until service is complete. 4. Packing Slips or other suitable shipping documents shall accompany each shipment and shall show: • Vendor company name and address ▪ Name and address of the city department to which the shipment is being made • City Purchase Order number ▪ Descriptive information as to the items delivered, including quantity and part numbers 5. Invoices for payment shall be addressed to City of Pearland and submitted to the e-mail address reflected in the Bill To field of this Purchase Order (preferred), and shall reference this Purchase Order number. If impracticable for Vendor to email, hard -copy invoice may be submitted to Accounts Payable, P.O. Box 2719, Pearland, Texas 77588- 2719, and shall reference this Purchase Order number. Payment will be made within 30 days of invoice date or satisfactory delivery of the product or service, whichever is later, provided that all other requirements as detailed in the contract have been fulfilled. 6. Taxes: This Purchase Order, when properly executed by the city, serves as a tax exemption certificate in that the City, as a municipality, claims an exemption from payment of taxes (under Texas Tax Code Section 151.309). These taxes must not be included on invoice. 7. Payment: All payments to be made by the City to Vendor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Texas Government Code. 8. Changes / Quantities: No changes may be made to this order without written authorization from a City Purchasing representative. Exact quantities ordered should be shipped, except in instances where this is impractical such as material in bulk, uneven lengths, etc., in which case nearest amount available and not exceeding specified quantity is acceptable. 9. Quality Control: Goods supplied as a result of this Purchase Order shall be subject to approval as to quality and must conform to the highest standards of manufacturing practice. Items found defective or not meeting specifications shall be replaced at the Vendor's expense within a reasonable period of time. Payment for defective goods or goods failing to meet specifications is not due until 30 days after satisfactory replacement has been made. 10. Warranty: Vendor shall warrant that all items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. 11. Warranty — Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the City. Vendor warrants that the goods provided hereto will conform to all specifications, drawings and/or descriptions of any City solicitation for bid resulting in this order. 12. Patents: Upon acceptance of this order, Vendor agrees to protect the city from any claim involving patent right infringements, copyrights, or sale franchises. 13. Shipping: All prices must be F.O.B. destination. No boxing or packing charges will be allowed by city unless specifically authorized on the face of this order. 14. Risk of Loss: Risk of loss, damage, or destruction of materials covered by this order, regardless of F.O.B. point, shall be and remain with the Vendor until the goods are delivered to the destination set out in the order and accepted by the city or city's nominee. 15. Deliveries: Delivery shall not be made to any place other than the destination indicated on this Purchase Order, except as subsequently stated in writing by authorized City Purchasing personnel, on a date prior to shipment by the Vendor. 16. Cancellations: The city reserves the right to cancel purchase orders for failure on the part of the Vendor to deliver as promised, or within a reasonable time if no delivery commitment is made, unless acceptable notification of delay is given to the city by the Vendor. 17. Liability: Any person, firm or corporation performing services pursuant to this Purchase Order shall be liable for all damages incurred while in performance of such services. Vendor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the city, its officers, agents, and employees, from all claims, demands, and causes of action of every kind and character including the cost of defense thereof, for any injury to, including death of, any person whether that person be a third person, vendor, or an employee of either parties hereto, and any loss of or damage to property, whether the same be that of either of the parties hereto or of third parties, caused by or alleged to be caused by, arising out of or in connection with the issuance of this order to vendor, whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Certificate of Insurance may be required for but not limited to Commercial General Liability, Commercial Auto Liability, Workers Compensation, and Professional Liability Insurance. 18. Personal Interest in City Contracts: Vendor agrees to comply with the Personal Interest In City Contracts provision of the Pearland City Charter, Section 10.07 latest amendment which states "Personal interest in city contracts or any other actual or potential conflicts of interest shall be governed by applicable state law, including Texas Local Government Code Chapter 171." Vendor agrees to maintain current, updated disclosure of information on file with the City Purchasing Department as appropriate throughout the term of this contract. 19. Conflict of Interest (Chapter 176 of Texas Local Government Code): By doing business or seeking to do business with the city, Vendor acknowledges that they understand and accept the requirements of Chapter 176 of the Texas Local Government Code and that they are solely responsible for compliance. Vendor may register and post their Conflict of Interest questionnaires online by visiting the Supplier Registration page located on the City of Pearland's website, http://pearlandtx.gov/ 20. Applicable Law: This Purchase Order shall be interpreted and enforced according to the provisions of the State of Texas Law, and Vendor shall abide by, and be in compliance with, all applicable laws, statutes, ordinances, and regulations. 21. Venue: Both parties agree that venue for any litigation arising from this contract shall lie in Pearland, Brazoria County, Texas. 22. Arrears in Taxes: City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, firm or corporation who is in arrears to the City of Pearland for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due shall affect the right of the City to offset the said taxes against the same. L.a,CUTION of OFFER The undersigned Proposer has carefully cxamiat71 an :-.srrucdons, requirements, specifications, tcs'„a and conditions of this RFP and the Ask cement and ecrtitles: 1. IR is a reputable compan j regularly, exist. f o l u. rrovitilfg goods and/or services necessary Lu meet the requirements, specifications, teens and cv,rialt;p,� or the tu4r anti inc Agreement, 2. It has the necessary experience, knowlctig, µo:.tiz��; ritchis; anrr resources to satisfactorily perform the requirements, specifications, terms and evaiitivria vr Lily xwr anti me t,greexnenc. Further, if awarded the Proposer agrees to perform the requir;rnicrits, .rcciflczriens_ terms anu conr#hions of the REP and the Agreement, a. All sustcments, information, and representations papared ano .o,sf:rt a in response to this RFP are current, complete, uue, and accurate. Pr �,oser aclrnowled5.s tnµt nCut win .ply on such statements, information, and representations in selecting, the successful Proyoa . ri ). _ tt is not currently barred or suspended from doin5 business with Inc rcUC 4 4 5 ernment, any of Tee members represenwd or any of their respective agencies. J. it snap ae pound by all statements, representations, warranties, and 5uarantees !nada its proposal. z,uomzssion or a proposal indicates the Proposers acceptance of the evaluation teennique anti the rroposer's recognition that some subjective judgment,' may be made by HCDE and its u.crrtversnir as van cline! evaluation. r. 'nut al Qr t.�►c requirements of t�nis err and the Agreement have been read and understood. in aaoiticm, etimp1:i t v vanam requirements, terms and conditions will be assumed by HCDE if not offienvisc notes :n the ererosata 8. The indiviau.t sirs oulow nas authority to enter into this on behalf of Proposer. 9. Proposer ackno wivl ,w rim! uio Agreement may ue canceled if any conflict of interest or appearance of a conflict of interest is dLo r erect o, nCut. 10. This Ask cement ;s bbcut to Nrn�nc.avrhers truly authorizeti and executed by }ICDf . Pr CORPORATE NAME: ,UTHOBED SIGNAT[TRE: rru tN I fl 1ikLv,1 z; 1111. L DATE: ADDRESS: CITY, STATE, ZIP CODE: rnUzN,�: EMAIL AL?I J1 b: WEBS'. UKL Contr t Number: 1 igbzCG-174 Vendor shall honor all CPC Administrative Fees for uzy ;alcv irotn this onitract wner.ner Vendor is awarded a renewal or not. Approved by Harris County De a me o/iducation: IItttI� as e c e ig.40 mnomrairri it gra . 0 I $ INAS . SO L.: a 1 10. saes 1 • S /11 'ke M a 111is • 110 FAX: b 01 • • i • 4 10 at As \NW, etiVink IR IAMB This Section to be Completed b, HCsui. 11/28/2018 Jesus J. tkm ezcua r rjv. P ti.30i3u i 5�.rerhm dent to S1 Term of contract: 11 /49/LU 1 % — t4 sr' ri ess Services RFP #17/052CG 5.0 CONTRACT TERMS AND CONDITIONS These Contract Terms and Conditions are part of the final contract in each product and/or service contract awarded as a result of this RFP and are part of the terms and conditions of each Purchase Order or proposal forms issued in connection with this RFP. Vendors are responsible for identifying any exceptions to these terms and conditions. ANY EXCEPTIONS MUST BE NOTED DIRECTLY BELOW EACH OF THE RESPECTIVE TERMS AND CONDITIONS. Proposals that are qualified with conditional clauses, items not called for, or other irregularities may be considered non -responsive by HCDE/CP and eliminated from further consideration CONTRACT BETWEEN HARRIS COUNTY DEPARTMENT OF EDUCATION AND Best Plumbing Specialities FOR M&O Parts and Equipment This Contract is entered into between HCDE/CP and Vendor, having submitted a proposal in response to this RFP issued by HCDE/CP and whose proposal has been accepted and awarded by HCDE. In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HCDE/CP and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Contract agree as follows: 5.1. Definitions The terms used in this Contract shall have the meanings assigned to them in Section 1.0 Notice of Intent of the RFP 5.2. Use of Contract by CP members Vendor agrees and understands that this RFP and Contract may be used to accomplish work for HCDE/CP, a local governmental entity. Vendor fin ther agrees and understands that this RFP and Contract may also be utilized by CP members pursuant to the piggyback method, as contemplated in the U.S. Department of Agriculture Memorandum SP 35-2012, Pi ocuring Services of Purchasing Cooperatives Group Purchasing Organizations, Group Buying Organizations etc. ("SP 35-2012). Vendor agrees and understands that CP members include "school food authorities," as that term is used in SP 35-2012. 5.3. Contract Terms; Amendment The terms and conditions of this Contract shall govern all procurements conducted hereunder. No pre -published terms on Vendor's Purchase Order, acknowledgments, invoices, or other forms shall have any force or effect unless expressly agreed to by the CP member and Vendor. No amendment of this Contract shall be permitted unless and until first approved in writing by HCDE/CP and, if necessary, the CP member(s), and no such amendment shall have any effect unless and until a written amendment to this Contract is executed by the HCDE Superintendent or his designee after any necessary approvals have been obtained from the HCDE Board of Trustees. In the event that a Vendor has an existing HCDE/CP contract in the same contract title upon award the new contract will immediately supersede the olden contract 5.4. Term of Contract; Renewal of Contract The initial term of this Contract is for a period of one (1) year, with HCDE/CP having the option to renew the Contract for four (4) additional one-year terms at HCDE's sole discretion, unless otherwise specified in Section 6.0 Scope of Proposal. Consequently, the total term of the Contract may be for a period of five (5) years. The phrase `Term" in this Contract shall mean the then -current Term of the Contract, whether an initial term or a renewal term. 5.5. Termination of Contract; Survival This Contract shall remain in effect until (1) the Contract expires by its terms or (2) the Contract is terminated by mutual consent of HCDE/CP and Vendor All Supplemental Contracts, purchase orders, and/or orders for goods or services issued by HCDE and/or CP members and accepted by Vendor shall survive the expiration or General eBid RFP (revised 12.22.16) Page 13 of 33 RFP #17/052CG termination of this Contract. During the term of any Supplemental Contract entered into between Vendor and a CP member, all terms of this Contract shall continue to apply to the Supplemental Contract. In the event of a breach or default of the Contract and/or the RFP by Vendor, HCDE/CP reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of HCDE/CP and/oi CP members. HCDE/CP further receives the right to terminate the Contract immediately in the event Vendor fails to: (I) meet schedules deadlines, and/or delivery dates within the time specified in the RFP, this Contract, and/or a Purchase Order; (2) make any payments owed; or (3) otherwise perform in accordance with this Contract and/or the RFP. HCDE/CP also reserves the right to terminate the Contract immediately, with written notice to Vendor, if HCDE/CP believes, in its sole discretion that it is in the best interest of HCDE/CP and/or CP members to do so In the event that a material change to the terms of the Contract occurs, then the Contract shall be allowed to expire and shall not be renewed upon the conclusion of the Contract's term. The phrase "mates ial change" in this paragraph shall mean a modification that substantially exceeds the terms of the original contract between HCDE/CP and Vendor. Upon the expiration of the Contract's term, HCDE/CP may issue a new RFP for the goods or services procured under the previous contract. Vendor agrees that HCDE/CP shall not be liable for damages in the event that HCDE/CP declares Vendor to be in default or breach of this Conti act and/or the RFP. Vendor fin ther agrees that upon termination of the Contract for any reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and/or Vendor 5.6. Buy America Act; Prevailing Wage Rates Buy American Act The Buy American Act, set forth in 7 C.F.R. Part 210.21(d), requires that participants in the National School Lunch Program and School Breakfast Program use the federal nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products. 7 CFR Part 210 21(d) defines a "domestic commodity or product" as one that is either produced in the U.S or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. ` Substantially" means that ovei 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Because many HCDE/CP members participate in the National School Lunch Program and School Breakfast Program, HCDE/CP requires Vendor to certify whether its products are "domestic commodities or pioducts" as defined by 7 C.F.R Part 210.21(d). Accordingly, Vendor agrees to provide certification of the domestic content in the parts, components, and other elements contained in the product, including specific information about the percentage of U.S. content from the supplier (i.e., manufacturer or distributor) Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception may be approved by the CP member, upon request. To be considered for an exception to the Buy American provision Vendor may submit a good faith request for an exception, certifying that Vendor reasonably believes that: (a) the product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality; and/or (b) the costs of a U.S. product are significantly higher than the non -domestic product. In the event Vendor or Vendor's supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, HCDE/CP members may decide not to purchase from Vendor. Additionally, HCDE/CP members may require country of origin on all products and invoices submitted for payment by Vendor, and Vendor agrees to comply with any such requirement. Prevailing Wage Rates Vendor and all st bcontractors of Vendor shall comply with all laws regarding prevailing wage rates, including, but not limited to TEX. GOV'T. CODE Chapter 2258, applicable to the construction of a public work, and any General eBid RFP (revised 12.22.16) Page 14 of 33 RFP #17/052CG related federal requirements, including the DAVIS-BACON ACT. In the event TEX. GOV'T. CODE Chapter 2258 applies to a product or service provided by Vendor to HCDE/CP or a CP member, Vendor and any subcontractor(s) shall comply with the prevailing wage rates set by HCDE/CP or the CP member. 5.7. Change Orders Pursuant to TEX. EDUC. CODE § 44.0411(a), for HCDE/CP and CP members that are Texas school districts, if a change in plans or specifications is necessary after the performance of a Purchase Order has begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, the CP member may approve change orders making the changes. The total Purchase Ordei price may not be increased because of the changes unless additional money for increased costs is approved for that purpose from available money or is provided for by the authorization of the issuance of time warrants. The CP member may grant general authority to an administrative official to approve the change orders. A Purchase Order with an original contract price of $1 million or more may not be increased under TEX. EDUC. CODE § 44.0411(a) by more than 25 percent. If a change order for a Purchase Order with an original contract price of less than $1 million increases the contract amount to $1 million or more, the total of the subsequent change orders may not increase the revised contract amount by more than 25 percent of the original contract price. 5.8. Compliance with Laws Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules and regulations, including as applicable, workers' compensation laws; minimum and maximum salary and wage statutes and regulations; prompt payment and licensing laws and regulations; anti -discrimination statutes and regulations (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 19750 Title 7 C.F.R. Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement Nutrition Programs and Activities); the Davis -Bacon Act (40 U.S C. § 276a / 29 CFR Part 5); the Copeland "Anti -Kickback' Act (18 U.S.C. § 874 / 29 CFR Part 5); the Equal Opportunity Employment requirements (Executive Orders 11246 and 11375 / 41 CFR Chapter 60)• the McNamara -O'Hara Service Contract Act (41 U.S.C. 351); Section 306 of the Clean Air Act (42 U S C. § 1857h); Section 508 of the Clean Water Act (33 U.S C. § 1368); Executive Order 11738 Environmental Protection Agency regulations (40 CFR Part 15); the Contract Work Hours and Safety Act (40 U.S.C. § 3701- 3708; 29 C.F.R. Part 5; the Solid Waste Disposal Act (Section 6002 as amended by the Resource Conservation and Recovery Act for procuring solid waste management services in a manner that maximizes energy and resource recovery when contract amount is in excess of $10,000); the Education Department General Administrative Regulations ("EDGAR") (2 C.F.R. Part 200); mandatory standards and policies contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94- 163, 89 Stat. 871); and all applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights, and those mandated by federal agencies malting awards of federal fiords to HCDE/CP and/or CP members. Vendor understands that Vendor is ineligible to receive a contract award with HCDE/CP if Vendor if listed on the government vc ide exclusions in the System for Award Management (Debarment and Suspension Orders Executive Orders 12549 and 12689) or is 30 days or more delinquent in paying child support (Tex. Fam. Code § 231.006). For the entire duration of this Contract, Vendor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Contract. All permits will be acquired by Vendor and invoiced to the CP member at cost as part of the Purchase Order, unless the permits are pi ovided by the CP member. For the entire duration of this Conti act, Vendor and all subcontractors shall also comply with all requirements pertaining to local, state, or federal health and safety certifications, licensing or regulations. Vendor must comply with all state and local building code requirements unless otherwise specifically provided in the CP member's Purchase Order, and Vendor must pay all fees and charges for connections to outside services and for use of property outside the project site. The states of individual CP members may have regulations and laws that govern payment retention and progress payments for public projects. Vendor is responsible for being acquainted with and complying with each state's requirements. When requited or requested by HCDE/CP or a CP member, Vendor shall furnish HCDE/CP and/or the CP member with satisfactory proof of Vendor's compliance with this provision. 5.9. Confidentiality Vendor and HCDE/CP agree to secure the confidentiality of all information and records in accordance with applicable federal and state laws, rules, and regulations. Vendor and HCDE/CP understand that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of General eBid RFP (revised 12.22.16) Page 15 of 33 RFP #17/052CG educational records and information and agree to abide by FERPA rules and regulations, as applicable. Vendor also acknowledges that HCDE/CP and numerous CP members are subject to the Texas Public Information Act, and Vendor waives any claim against and releases from liability HCDE/CP and CP members their respective officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this Contract or otherwise created, assembled, maintained, or held by Vendor, HCDE, or a CP member and determined by HCDE/CP oi the CP member, the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act. 5.10. Performance and Payment Bonds Vendor agrees to provide performance bonds and/or payment bonds as required by law, based on the amount or estimated amount of any Purchase Order for a public work contract, which is defined as a contract for constructing, altering, or repairing a public building or carrying out or completing any public work. TEX. GOV'T. CODE § 2253.001(4). Pursuant to TEX. GOV'T. CODE § 2253.021, a performance bond is required if a Purchase Order is in excess of $100,000 for CP members that are governmental entities subject to Chapter 2253; a payment bond is required if a Purchase Order is in excess of $25,000 for CP members that are governmental entities subject to Chapter 2253 and are not municipalities or a joint board created under Subchapter D, Chapter 22 of the Tex. Transp. Code, and a payment bond is required if a Purchase Order is in excess of $50,000 for CP members that are governmental entities subject to Chapter 2253 and are municipalities or a joint board created under Subchapter D, Chapter 22 of the TEX TRANSP. CODE. Additionally, Vendor shall provide all bonds, including bid guarantee, performance bond, and payment bond, as applicable under U S. Department of Agriculture and/or Texas Department of Agriculture rules. 5.11. Title and Risk of Loss Whenever HCDE/CP or a CP member is purchasing (and not leasing) a product under this Contract, title and risk of loss shall pass upon the later of HCDE/CP or the CP member's acceptance of the product or payment of the applicable invoice. 5.12. Warranty Conditions All pioduct(s) and/or service(s) provided by the Vendor under this Contract must be warranted to be free from defects in material, workmanship, and free from such defects in design for a period of one (1) year upon the later of HCDE's or the CP member's acceptance of the product and/or service or payment of the applicable invoice. Vendor warrants that all products and/or services furnished under this Contract shall conform in all respects to the terms of this Contract, including any drawings, specifications, and/or standards incorporated herein, including, without limitation, those detailed in the RFP and Purchase Order. In addition, Vendor warrants that products and/or services are suitable for and will per form in accordance with the purposes for which they are intended. Vendor shall assume all liabilities incurred within the scope of consequential damages and incidental expenses, as set forth in the Vendor or manufacturer's warranty, which result from either delivery or use of product, which does not meet the specifications within this Contract, the RFP, or Purchase Order. 5.13. Criminal History Review Section 10 0 Attachment—SB 9 Contractor Certification: Contractor Employees (Required) and Attachment—SB 9 Contractor Certification: Subcontractor Form (If Applicable) must be submitted with packet, if applicable. Prior to commencing any work under the Contract, if Vendor contracts with HCDE/CP to provide services, Vendor must certify, on the form provided herein, that for each covered employee of Vendor who will have direct contact with students, Vendor has obtained, as required by TEX. EDUC. CODE Section 22.0834 (a) state criminal history record information from a law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U S.C. Section 1681 et seq) for each covered employee of Vendor employed before January 1, 2008; and (b) national criminal history record info' mation for each employee of Vendor employed on or after January 1, 2008. Vendor must also obtain similar certifications of compliance with TEX. EDUC CODE, Chapter 22 requnements from any subcontractors on the form provided herein Covered employees with disqualifying criminal history are prohibited from serving at HCDE/CP or at CP school district members locations; Vendor and any subcontracting entity may not permit a covered employee to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from being employed under TEX. EDUC. CODE § 22.085(a) (i.e., Title 5 General eBid RFP (revised 12.22.16) Page 16 of 33 REP #17/052CG felony or an offense requiring registration as a sex offender and victim was under 18 years of age or was enrolled in a public school at the time the offense occurred) The criminal history record information review obligation apphes only if Vendor contracts with HCDE/CP to provide services; it does not apply to a contract for the purchase of goods, products or real estate. 5.14. Customer Support Vendor shall provide timely and accurate technical advice and sales support to HCDE/CP staff, and CP members. Vendor shall respond to requests for customer support within one (1) business day after receipt of the request. Vendor shall provide training to HCDE/CP staff and/or CP members regarding products and/or services supplied by Vendor, at no additional charge, if requested by HCDE/CP or a CP member. 5.15. HCDE/CP and/or CP members' Property In the event of loss, damage, or destruction of any property owned by or loaned by HCDE/CP or a CP member that is caused by Vendor or Vendor's representative, agent, employee, or contractor, Vendor shall indemnify HCDE/CP or the CP member and pay to HCDE/CP or the CP member the full value of or the full cost of repair or replacement of such property whichever is greater, within thirty (30) days of Vendor s receipt of written notice of HCDE's or the CP member s determination of the amount due. If Vendor fails to make timely payment, HCDE/CP of the CP member may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Vendor by HCDE/CP or the CP member. 5.16. Tax Exempt Status HCDE/CP and all CP members that are Texas governmental entities or agencies are exempt from payment of Texas State Sales Taxes under TEXAS TAX CODE§§$ 151.310 for the purchase of tangible personal property Laws of other states govern the tax status of CP members in states other than Texas. Vendor represents and warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, without limitation any federal, state, or local income, sales or excise taxes of Vendor or its employees. HCDE/CP and CP members shall not be liable foi any taxes resulting from this Contract, except where otherwise required by law 5.17. Other State Tax Requirements 5.17.1. Payment of Taxes by CP members Outside of Texas — CP members outside of Texas will pay only the rate and/or amount of taxes .dentified in Vendor's proposal submitted in response to the RFP as appropriate to the specific CP member. 5.17.2. State and Local Transaction Privilege Taxes — The CP member is subject to all applicable state and local transaction privilege taxes Tiansaction privilege taxes apply to the sales of products and are the sole responsibility of Vendor, as the seller, to remit. Failure to remit taxes from HCDE/CP and/or the CP member, as the buyer, does not relieve Vendor, as the seller, from its obligation to remit taxes. 5.18. State of Texas Franchise Tax By submitting a proposal in response to the RFP, Vendor certifies that Vendor is not currently delinquent in Vendor's payment of any franchise taxes or other taxes owed to the State of Texas. 5.19. Tax Responsibilities of Vendor and Indemnification for Taxes Vendor is responsible for complying with the tax laws of states and the federal government. Vendor and all subcontractor(s) of Vendor shall pay all federal, state, and local taxes applicable to Vendor's opeiation, any persons employed by Vendor and all subcontractors of Vendor. Vendor shall requite all subcontractors to hold HCDE/CP and the CP member harmless from any responsibility for taxes damages, and interest. If applicable contributions required under federal, state, and/or local laws and regulations and any other costs, including, but not limited to, transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker's Compensation, shall be the sole responsibility of Vendor. 5.20. IRS W-9 To receive payment under this Contract, Vendor shall have a current I.R.S. W-9 Form on file with the CP member. General eBid RFP (revised 12.22.16) Page 17 of 33 RFP #I7/052CG 5.21. Assignment of Contract Vendor may not assign this Contract or any of its rights, duties or obligations hereunder without the prior written approval of HCDE. Any attempted assignment of this Contract by Vendor shall be null and void. Any Purchase Older made as a result of this Contract may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of HCDE/CP and, if applicable, the CP member. 5.22. Notification of Material Change Vendor is required to notify HCDE/CP when any material change in operations occurs, including changes in distribution lights for awarded products bankruptcy, material changes in financial condition, change of ownership, and the like, within three (3) business days of such change. 5.23. Performance Vendor agrees to use commeicially reasonable best efforts to provide the product(s) and/or service(s) subject to this Contract. Vendor shall furnish all supervision, labor, tools, equipment, permits, licenses, transportation, insurance, material, and supplies necessary to complete any scope of work, Purchase Order under this Contract. Vendor shall use skilled, trained personnel, who shall be supervised by Vendor. 5.24. Subcontractors If Vendor uses subcontractors in the performance of any part of this Contract, Vendor shall be fiilly responsible to HCDE/CP and CP members for all acts and omissions of the subcontractors. Nothing in this Contract shall create for the benefit of any such subcontractor any contractual relationship between HCDE/CP and any such subcontractor, nor shall it create any obligation on the part of HCDE/CP or CP members to pay or to see to the payment of any monies due any such subcontractor except as may otherwise be required by law. Vendor represents and warrants that it is willing, able and capable of obtaining, supervising, and being responsible for any subcontractors who perform and/or provide products and services related to this Contract. 5.25. Non -Appropriation Renewal of this Contract, if any, will be in accordance with TEX. LOCAL GOV'T. CODE § 271 903 concerning non -appropriation of funds for multi -year contracts. Notwithstanding any other provision of this Contract or obligation imposed on HCDE/CP or any CP member by this Contract, HCDE/CP and CP members shall have the right to terminate this Contract, any Supplemental Contract, or Purchase Order without default or liability to Vendor resulting from such termination, effective as of the expiration of each budget period of HCDE/CP or any CP member if it is determined by HCDE/CP or any CP member, at then sole discretion, that there are insufficient fiords to extend this Contract any Supplemental Contract any Purchase Order The pasties agree that this Contract, any Supplemental Contract, and/or any Purchase Order are commitments of the current revenue of HCDE/CP and CP members only 5.26. Ordering Procedures Purchase Orders aie issued by HCDE/CP and/or CP members to the Vendor according to this Contract and any Supplemental Contract between HCDE/CP and the CP member CP members must send Purchase Orders to HCDE/CP, unless otherwise stipulated by HCDE/CP. HCDE/CP may request confirmation of receipt of the Purchase Order from Vendor. HCDE/CP also may elect to require e-commerce fimctionality, in which Purchase Orders are sent directly to Vendor and reported by the CP member to HCDE/CP on a specified basis. The e-commerce approach must be approved by HCDE/CP prior to the start date of any Term of the Contract. 5.27. Invoices; Payments 5.27.1. Vendor shall submit invoices, in duplicate, directly to HCDE/CP or the CP member at the appropriate location(s) specified by HCDE/CP or the CP member. Each invoice shall include HCDE's or the CP member's Purchase Order number and HCDE/CP Contract Number. All invoices shall be itemized to include the type of product(s) and/or sei vice(s) rendered. Vendor shall submit invoices within a timely manner during HCDE's or the CP member's fiscal year in which the product(s) and/or service(s) are General eBid RFP (revised 12.22.16) Page 18 of 33 RFP #17/052CG purchased. The shipment tracking number or pertinent information for verification of HCDE's or the CP member's receipt shall be made available upon request by HCDE/CP or the CP member. 5.27.2. HCDE/CP or the CP member will make payments directly to Vendor. HCDE/CP or the CP member placing the Purchase Order with Vendor shall alone be liable and/or responsible for payment for product(s) and/or service(s) ordered and must be invoiced directly by Vendor. Neither HCDE/CP nor any CP member shall be liable for the indebtedness of any one CP member. 5.27.3. TEX. GOV'T. CODE § 2251.021 shall govern when payments are due to the Vendor. Payments are due to Vendor by HCDE/CP and any CP member whose governing body meets only once a month or less frequently, within forty-five (45) days after the later of the following: (1) the date HCDE/CP or the CP member receives the products and services under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date HCDE/CP or the CP member receives an invoice for the products or service. For CP members whose governing bodies meet more than once a month or more often, payments are due by those CP members within thirty (30) days after the later of the following: (1) the date the CP member receives product(s) under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the CP member receives an invoice for product(s) or service(s). Vendor agrees to pay any subcontractors the appropriate share of the payment received from HCDE/CP or the CP member not later than the tenth (loth) day after the date the Vendor receives the payment from HCDE/CP or the CP member. The exceptions to payments made by HCDE, a CP member, and/or Vendor listed in TEX. GOV'T. CODE § 2251.002 shall apply to this Contract. 5.28. Reporting The Vendor shall provide HCDE/CP with a detailed monthly report showing the total dollar volume of all sales under this Contract for the previous month in Microsoft Excel format, in the format and with the information specified by HCDE/CP. Reports are due on the fifteenth (15) day of the month, after the close of the previous month and shall provide information regarding Purchase Orders during the previous month. Vendor is responsible for collecting and compiling all sales under this Contract from all CP members and submitting one (1) consolidated monthly report. The monthly report shall include, at a minimum, the date of each Purchase Order, Purchase Order number, CP member name, city/town, and Purchase Order total dollar amount. Reports shall be submitted in an electronic format to HCDE/CP at 6005 Westview, Houston, Texas 77055, or electronically mailed to supplyreporting@choicepartners.org 5.29. 5.30. Pricing Changes All prices and discount percentages in Vendor's proposal shall be firm for the Term of this Contract. Pricing may be negotiated during the Contract renewal period. Vendor agrees to promptly lower the proportionate price of any product purchased through this Contract following a reduction in the price the Vendor is paying suppliers. All pricing submitted to HCDE/CP in Vendor's proposal shall include the administrative fee to be remitted to HCDE/CP by Vendor. It is Vendor's responsibility to keep all pricing up-to-date and on file with HCDE/CP. All price changes shall be presented to HCDE/CP for acceptance or rejection by HCDE/CP, in its sole discretion, using the same format as was accepted in Vendor's original proposal; all price changes for products and/or services provided under this Contract must be approved, in writing, by HCDE/CP prior to taking effect. The following documentation shall be provided to support a request for a price change: • justification for change/increase • terms and conditions • market conditions • manufacturers'/distributors' impact, if any All price decreases shall be allowed for all products and/or services. HCDE/CP Administrative Fee HCDE/CP will invoice Vendor for the HCDE/CP Administrative Fee of 2%, subject to the Administrative Incentive Clause, below. HCDE/CP reserve the right to modify the Administrative Fee at any time, upon notice General eBid RFP (revised 12.22.16) Page 19 of 33 RFP #17/052CG to Vendor. The invoice for the Administrative Fee will be based on total sales made through this Contract Vendor shall remit payment of the HCDE/CP Fee to HCDE/CP no later than thirty (30) days following the end of the month. Failure to pay the HCDE/CP Administrative Fee in a timely manner may result in Vendor breaching this Contract and may result in HCDE/CP suspending or terminating this Contract. Vendor shall honor and pay HCDE/CP the HCDE/CP Administrative Fee for any sales resulting from this Contract that occurred within thirty (30) days of the expiration or termination of this Contract. All rebates, discounts, and other applicable credits granted by Vendor as a result of any Supplemental Contracts entered into between Vendor and CP members shall accrue exclusively to CP member(s). Administrative Fee Incentive Clause. The following incentives will be determined in the sole discretion of HCDE/CP and will be based on amounts actually billed by Vendor. Vendor's failure to abide by the Contract's terms and conditions, including, without limitation, Vendor's requirement to report sales to HCDE/CP, may result in HCDE/CP voiding the Administrative Fee Incentive, in HCDE/CP's sole discretion. Aggregate Year • Gross sales above $5M invoiced by Choice Partners =1.5% for remainder of the then - current Contract Term Subsequent renewal 1-year Term = 1.75% and Vendor must maintain production of $5M to keep 1.75% fee for the next subsequent renewal 1-year Term Task Orders/Job Orders • $2M or above - 1.5% only in the Contract Term in which they are invoiced • $1M or above - 1.75% only in the Contract Term in which they are invoiced NOTE: FAILURE TO REPORT WILL VOID THIS ADMINISTRATIVE FEE INCENTIVE 5.31. Records Retention Vendor shall maintain its records and accounts in a manner that shall assure a full accounting for all product(s) and/or service(s) provided by the Vendor to HCDE/CP and/or CP members under this Contract. These records and accounts shall be retained by Vendor and made available for review and copying by HCDE/CP and CP members for a period of not less than five (5) years from the date of completion of the service(s), receipt of product(s), the date of the receipt by HCDE/CP or the CP member of Vendor's final invoice or claim for payment in connection with this Contract of the date HCDE/CP or the CP member makes final payments and closes pending matters in connection with a federal grant, whichever is later. If an audit of a compliance review has been announced, the Vendor shall retain its records and accounts until such audit or compliance review has been completed. When federal funds are expended by HCDE or any CP member pursuant to this Contract, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. Vendor further certifies that Vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. 5.32. Right to Review, Audit and Inspect HCDE/CP, CP members, any federal agency that has awarded federal funds/grant(s) to HCDE/CP or a CP member, and the Comptroller General of the United States, and/or any of then authorized representatives, shall, upon written notice, have the i ight to audit and examine all of Vendor s records and accounts relating to this Contract and inspect any project performed by the Vendor relating to this Contract. Records subject to audit/review shall include, but are not limited to, all Purchase Orders resulting from this Contract and records which may have a bearing on matters in connection with the Vendor's work for HCDE/CP and/or CP members, and shall be open to inspection and subject to audit/review and/oi reproduction by HCDE/CP, CP member, and/or their authorized representative(s) to the extent necessary to adequately permit evaluation and verification of: 5.32.1. Vendor's compliance with this Contract and the requirements of the RFP. General eBid RFP (revised 12.22.16) Page 20 of 33 RFP #17/052CG 5.32.2. Compliance with procurement laws, policies, and procedures, including, without limitation, reviewing/comparing pricing on invoices foi HCDE/CP and/or CP members. 5.32.3. Compliance with provisions for computing billings to HCDE/CP and/or to CP members. 5.32.4. Any other matter related to this Contract. 5.33. Indemnification VENDOR SHALL INDEMNIFY AND HOLD HARMLESS HCDE/CP AND EACH CP MEMBER, INCLUDING HCDE'S AND CP MEMBERS' TRUSTEES, OFFICERS, ADMINISTRATORS, EMPLOYEES, AND AGENTS, FROM ALL CLAIMS, LIABILITIES, COSTS, SUITS OF LAW OR IN EQUITY, EXPENSES, ATTORNEYS' FEES, FINES PENALTIES OR DAMAGES ARISING FROM ACTS OR OMISSIONS OF VENDOR, VENDOR'S EMPLOYEES, AGENTS, OR SUBCONTRACTORS, IN CONNECTION WITH THIS CONTRACT, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM CLAIMED INFRINGEMENT OF ANY PATENTS, TRADEMARKS COPYRIGHT OR OTHER CORRESPONDING RIGHT(S) WHICH IS RELATED TO ANY ITEM VENDOR IS REQUIRED TO DELIVER. VENDOR'S OBLIGATIONS UNDER THIS CLAUSE SHALL SURVIVE ACCEPTANCE AND PAYMENT BY HCDE/CP OR THE CP MEMBER. 5.34. Governing Law and Exclusive Venue The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this Contract Any dispute under this Contract involving HCDE/CP must be brought exclusively in the state and federal courts located in Houston, Harris County, Texas. Any dispute not involving HCDE/CP but involving a CP member and Vendor shall be governed by the laws of the state of the CP member, without regard to its provisions on conflicts of laws, and exclusive jurisdiction and venue shall lie in the city county, and state of the CP member. 5.35. Multiple Contract Awards; Non -Exclusivity HCDE/CP reserves the right to award multiple contracts under the RFP, including multiple contracts for each product/service category. Product/Service categories are established at the sole discretion of HCDE/CP. Nothing in this Contract may be construed to imply that Vendor has the exclusive right to provide products and/or services to HCDE/CP and/oi CP members. During the Term of this Contract, HCDE/CP and CP members resen e the right to use all available resources to procure other products and/or services as needed and doing so will not violate any rights of Vendor. In the event that a Vendor has an existing HCDE/CP contract in the same contract title, upon award the new contract will immediately supersede the older contract. 5.36 New Products New products that meet the specifications detailed in the RFP may be added to this Contract, with prior written approval from HCDE/CP Pricing of any new products shall be equivalent to the percentage discount or proposed prices for other similar products Vendor may replace or add products to the contract if: the replacing products are equal to or superior to the original products offered or discounted in a similar degree or to a greater degree and the products meet the requirements of the RFP No products may be added to avoid competitive procurement procedures. HCDE/CP may reject any proposed additions, without cause, in its sole discretion. 5.37. No Substitution Any Purchase Order issued pursuant to this Conti act shall conform to the specifications and descriptions identified in this Contract and the RFP. Vendor shall not deliver substitutes without prior written authorization from HCDE/CP or the CP member. 5.38 Penalties If the Vendor is unable to provide the product(s) or services at the prices quoted in Vendor's proposal or if Vendor fails to fulfill or abide by the terms and conditions of the Conti act, the RFP, or a Supplemental Contract, HCDE/CP or the CP member may take the following action(s), in the sole discretion of HCDE/CP or the CP member, and Vendor agrees to comply with the chosen action(s): 5.38.1 Insist that the Vendor honor the quoted price(s) specified in Vendor's proposal or the Supplemental Contract, as applicable* General eBid RFP (revised 12.22.16) Page 21 of 33 RFP #17/052CG 5.38.2 Have the Vendor pay the difference between the Vendor's price and the price of the next acceptable proposal, as determined by HCDE/CP or the CP member; 5.38.3 Have the Vendor pay the difference between Vendor's price and the actual purchase price of the product or service on the open market; and/or 5.38.4 Recommend to HCDE Board of Trustees that the Vendor no longer be given the opportunity to submit a proposal to HCDE/CP and/or that this Contract be ter urinated. 5.39. Promotion of Contract Marketing Plan The marketing of Vendor's company, product, and/or services shall be the sole responsibility of Vendor. HCDE/CP may only supply Vendor with CP members' contact lists that contain name, address, phone numbers, and/or email addresses. Other items geared toward the joint -marketing of HCDE/CP and Vendor's company, product, and/or services shall be at HCDE/CP's sole discretion. Encouraging CP members to circumvent this Contract by purchasing directly from Vendoi may result in suspension or termination of this Contract. For so long as this Contract is valid and enforceable between the parties, Vendor agrees to display the CP seal in its marketing collateral materials, such as Vendor s website and related marketing materials. Vendor shall submit all promotional materials to HCDE/CP and obtain written approval before Vendor finalizes or publishes promotional material bearing the HCDE/CP or HCDE/CP name or seal. Vendor may not release any press release of other publication regarding this Contract or HCDE/CP unless and until HCDE/CP first approves the press release or publication in wilting 5.40. Website Support Vendor agrees to cooperate with HCDE/CP in publicizing contract particulars on the CP website. Vendor also agrees to work with HCDE/CP in updating and maintaining current information on Vendor activities related to the Contract on the CP website. Vendor agrees to provide an electronic version of its logo for use on the CP website upon Contract award and provide other information as reasonably requested by HCDE/CP to help ensure that the CP website is current and consistently updated. 5.41. Safety Vendor, its subcontractor(s), and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances toles, and regulations in the performance of services under this Contract including, without limitation, those promulgated by HCDE/CP CP members, and by the Occupational Safety and Health Administration ("OSHA") In case of conflict, the most stringent safety requirements shall govern. Vendoi shall comply with all other safety guidelines and standards as required by HCDE/CP or CP members. Vendor shall indemnify and hold HCDE/CP and/or the CP member harmless from and against all claims, demands, suits actions, judgments, fines, penalties, and liability of every kind arising from the breach of Vendor's obligations under this provision. 5.42. Workforce Vendor shall employ only orderly and competent workers, skilled in the performance of the services, if any, which shall be performed under this Contract. Vendor, its employees, subcontractors, and subcontractor's employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on HCDE/CP and CP members' property, nor may such workers be intoxicated or under the influence of alcohol or drugs on HCDE/CP and CP members' property. 5.43. Supplemental Contracts A CP member and Vendor may enter into a separate, Supplemental Contract. Any Supplemental Contract developed as a result of this Contract and/or the RFP is exclusively between the CP member and Vendor and shall have no effect or impact on HCDE, any other CP member, or this Contract. Any Supplemental Contract between Vendoi and a CP member is exclusively between that specific CP member and Vendor and will be subject to immediate cancellation by the CP member (without penalty to the CP member) if, in the opinion of the CP member, the quality service, and specification requirements, and/or the terms and conditions are not maintained as stated in the Supplemental Contract. Vendor shall promptly notify HCDE/CP of any Supplemental Contract executed between Vendor and a CP member. Supplemental Contracts are entered into pursuant to the piggyback method delineated in the U.S. Department of Agriculture directive SP 35-2012. General eBid RFP (revised 12.22.16) Page 22 of 33 RFP #17/052CG 5.44. Insurance Vendor is required to provide HCDE/CP and/or the CP member with copies of certificates of insurance naming HCDE/CP and/or the CP member as additional insured's for Texas Workers Compensation and General Liability Insurance, within 14 business days of contract award and prior to the commencement of any work under this Contract. Certificates of Insurance, name and address of Vendor, the limits of liability, the effective dates of each policy, and policy number shall be delivered to HCDE/CP and/or the CP member prior to commencement of any work under this Contract. The insurance company insuring Vendor shall be licensed in the State of Texas or the state in winch the CP member is located, and shall be acceptable to HCDE/CP and/or the CP member. Vendor shall give HCDE/CP or the CP membei a minimum of ten (10) days notice prior to any modifications or cancellation of said policies of insurance. Vendor shall require all subcontractors performing any work under or relating to this Contract to maintain coverage as specified below Vendor shall, at all times during the Term of this Contract, maintain insurance coverage with not less than the type and requirements shown below If the CP member has higher insurance requirements than those listed below, such may be added to the Purchase Order. Such insurance is to be provided at the sole cost of the Vendor. These requirements do not establish limits of Vendor's liability. All policies of insurance shall waive all rights of subrogation against HCDE, CP members, and HCDE/CP and CP members' officers, employees and agents. Upon request, certified copies of original insurance policies shall be furnished to HCDE/CP and/or to CP members. HCDE/CP and the CP member, as requested, shall be named as an "additional insured" on insurance policies. HCDE/CP and the CP member reserve the right to require additional insurance should HCDE/CP or the CP member deem additional insurance necessary, in their sole discretion. • Workers Compensation (with waiver of subrogation to HCDE/CP and the CP member) Employer's Liability, including all states, U.S. Longshoremen, Harbor Workers and other endorsements. • Statutory, and Bodily Injury by Accident $100,000 each employee. Bodily Injruy by Disease: $500,000, policy limit $100,000 each employee. • Commercial General Liability Occurrence Form including, but not limited to, Premises and Operations Products Liability Broad Form Property Damage, Contractual Liability, Personal and Advertising Injury Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout, cratermg and underground damage. $300,000 each occunence Limit Bodily Injury and Property Damage combined. $300,000 Products -Completed Operations Aggregate Limit $500 000 per Job Aggregate. $300,000 Personal and Advertising Injury Limit. • Automobile Liability Coverage: $300,000 Combined Liability Limits Bodily Injury and Property Damage Combined. 5.45. Participation in HCDE/CP Vendor acknowledges and agrees that continued participation in the HCDE/CP cooperative purchasing program is subject to HCDE/CP's sole discretion and that Vendor may be removed from the HCDE/CP program at any time with or without cause in HCDE/CP's sole discietion. All work resulting from this Contract must cease immediately after completion of the final accepted Purchase Order. Nothing in this Contract or in any other communication between HCDE/CP and Vendor may be construed as a guarantee that HCDE/CP or CP members will submit any Purchase Order to Vendor at any time. At a minimum, to continue participation in the HCDE/CP cooperative purchasing program, Vendor must: • Submit detailed monthly reports of all sales activity (such report is required even if there is no sales activity for a given month); • Timely remit Administrative Fee(s) to HCDE/CP; General eBid RFP (revised 12.22.16) Page 23 of 33 RFP #17/052CG • Market Choice Partners, including inclusion of CP seal on Vendor's website, development and execution of marketing plan, and participation in at least 5 of marketing events (such as trade shows and conferences) annually; • Maintain a minimum annual sales activity of $15,000; • Completion of all required forms (such as Form 1295, EDGAR Certifications, etc.); and • Maintain required insurance and submit updated certificate(s) to CP annually 5.46. No Agency or Endorsements It is the intention of the parties to this Contract that Vendor is independent of HCDE/CP and CP members, is an independent contractor, and is not an employee, agent, joint venturer, or partner of HCDE/CP or any CP member. Nothing in this Contract shall be interpreted or consti ued as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between HCDE/CP and Vendor, any CP member and Vendor, HCDE/CP and any of Vendor's agents or any CP member and any of Vendor s agents. Vendor has no power or authority to assume or create any obligation or responsibility on behalf of HCDE/CP or any CP member, and HCDE/CP and HCE members have no power or authority to assume or create any obligation or responsibility on behalf of Vendor. This Contract shall not be construed to create or imply any partnership, agency, or joint venture, nor shall it be construed or deemed an endorsement of a specific company or product. Vendor agrees that HCDE/CP and CP members have no responsibility for any conduct of any of Vendor s employees, agents, reptesentatives, contractors, or subcontractors. 5.47. Equal Opportunity It is the policy ofHCDE/CP not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non- discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract. 5.48. Force Majeure Neither HCDE, any CP member, or Vendor shall be deemed to have breached any provision of this Contract as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, energy crises, fires, transportation contingencies, interruptions in third -party telecommunications or Internet equipment or service, othei catastrophes, or any other occurrences which are reasonably beyond HCDE any CP member, or Vendor's control. HCDE, CP members, and Vendor are required to use due caution and preventive measures to protect against the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party seeking ielief under this provision. The party seeking relief due to force majeure is required to promptly notify the othei parties in writing, citing the details of the force majeure event and ielief sought, and shall resume performance immediately after the obstacles to performance caused by a force majeure event have been removed, provided the Contract has not been terminated. Delay or failure of performance, by either party to this Contract, caused solely by a force majeure event shall be excused for the period of delay caused solely by the force majeure event. HCDE CP members, and Vendor shall not have any claim for damages against any other party resulting from delays caused solely by force majeure. Notwithstanding any other provision of this Contract, in the event the Vendor's performance of its obligations under this Contract is delayed or stopped by a force majeure event HCDE/CP shall have the option to terminate this Contract This section shall not be interpreted as to limit or otherwise modify any of HCDE's or CP members' contractual, legal, or equitable rights. 5.49. Severability In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other General eBid RFP (revised 12.22.16) Page 24 of 33 RFP #17/052CG provisions, and the Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 5.50. Waiver No failure on the part of either party at any time to require the performance by the other party of any term hereof shall be taken or held to be a waiver of such term or in any way affect such party's right to enforce such term and no waiver on the part of either pat ty of any term hereof shall be taken or held to be a waiver of any other term hereof or the breach thereof No waiver, alteration, or modification of any of the provisions of this Conti act shall be binding unless in writing and signed by duly authorized representatives of the parties hereto. 5.51. Entire Agreement The Contract, the RFP, Vendor's proposal submitted in response to the RFP, the attached and incorporated attachments, addendum, and/or exhibits, if any and the Supplemental Contract, if any, contain the entire agreement of the parties relative to the purpose(s) of the Contract and supersede any other representations, agreements, aiiangements, negotiations, orunderstandings, oral or written, between the parties to this Contract. In the event of a conflict between this Contract and the RFP or Vendor's proposal submitted in response to the RFP, this Contract shall control. In the event of a conflict between the RFP and Vendor's proposal submitted in response to the RFP, the RFP shall control. This Contract supersedes any conflicting terms and conditions on any Purchase Order, invoices checks, order acknowledgements, foams, purchase orders, or similar commercial documents relating hereto and which may be issued by Vendor after the Effective Date of this Contract. In addition to this Contract a Supplemental Contract between Vendor and the CP member may be established to further detail the terms and conditions of the CP member's specific project. In the event of a conflict between this Contract and the Supplemental Contract as to HCDE, this Contract shall prevail. In the event of a conflict between this Contract and the Supplemental Contract as to the CP member, the Supplemental Contract shall prevail unless the Supplemental Contract states otherwise. 5.52. Interpretation Vendor agrees that the normal rules of construction that requires that any ambiguities in this Contract are to be construed against the drafter shall not be employed in the interpretation of this Contract. 5.53. Notice Any notice provided under the terms of this Contract by the parties to any other shall be in writing and shall be given by hand -delivery or by certified of registered mail, return receipt requested. Notice shall be sufficient if made or addressed to the party at the address listed in the signature line of this Contract. Notice shall be deemed effective upon receipt. Each party may change the address at which notice may be sent to that patty by giving notice of such change to the other party by certified mail, return receipt requested. 5.54. Captions The captions herein are for convenience and identification purposes only, are not an integral part hereof, and are not to be considered in the interpretation of any part hereof. General eBid RFP (revised 12.22.16) Page 25 of 33 Attachment A COVID-19 Community Impact Recovery Plan — Spending Priorities Jurisdiction Direct (Brazoria) Harris County Fort Bend County TOTALS Population 115,891 5,239 1,021 122,151 Per -Capita Allotment $55.00 $55.00 $55.00 $55.00 Coronavirus Relief Fund (CARES Act) $6,374,005 $288,145 $56,155 $6,718,305 Description TDEM CRF 1 Harris County 1 Fort Bend County TOTALS Mental Health Services Rental/Utility Assistance Public Health Advisory Services Assistance to Local Public Schools Medical Testing Reimbursements Economic Loss Preventative Maintenance and Expenditures Field -Based Assignment Pay Personnel - Dedicated Supplies and Materials Technology Enhancements Facilities Improvements Contracts & Services (Sanitization) Revised Budget $100,000 $645,000 $745,000 $88,000 $260,000 $152,000 $500,000 $800,000 $1,000,000 $1,800,000 $575,000 $1,555,504 $300,000 $148,501 $573,501 $176,499 $3,329,005 $100,000 $100,000 $0 $188,035 $188,035 $0 $50,000 $50,000 $0 $0 $6,155 $6,155 $100,000 $795,000 $895,000 $500,000 $988,035 $1,000,000 $1,988,035 $575,000 $1,555,504 $300,000 $154,656 $573,501 $176,499 $3,335,160 $6,374,005 $288,035 $56,155 $6,718,195 Attachment B Business Survey Results 9/10/2020 CARES Rec.very Survey Tuesday, July 28, 2020 Q1: Is your business located within the city limits of Pearland? Answered: 225 Skipped: 0 225 Total Responses Date Created: Monday, July 06,_ 2020 Complete Responses: 156 Q1: Is your business located within the city limits of Pearland? Answered: 225 Skipped: 0 £J _P oa rt C 1- fle -, 'Ct:.L Ftcs•rom t:: oa,aCs" 1 9/10/2020 • Q4: What county is your business located in? Answered: 198 Skipped: 27 Q5: Which of these business classifications best describes your business? Answered: 198 Skipped: 27 1 s SIR 1 ■ MIMS • Q4: What county is your business located in? Answered: 198 Skipped: 27 Fesrortscs 111 401. 0.51'4. TOTAL 19P Q5: Which of these business classifications best describes your business? Answered: 198 Skipped: 27 eon MVP <blurt, Sr. we. • •0e - li".1101 'CI 110.01.01•01. 1 NS • • r.••••.w.• Ong eYt.a••••• •u _s •s* ••••••I...•rs r•••••/\• .114111.1 MJ 'Swabs .Y a__ loss as tea-•• s. •' :�a a 1.b•./.. Y • 1••as•+r• Asa seas us .r ►sue•+.•. •••M Y .RIONM.11•11 1.•Eas. seaigO • .•1 • 1 1+ 2 9/10/2020 Q6: How many employees do you have at your business? Answered: 196 Skipped: 29 Q7: What is the range of your annual business sales/revenue? Answered: 189 Skippcd: 36 su- ua. aa.S 111.0 tiC4i I •, its ,1 ""11=1.111111111 1l-D70 a3t 11030.1100 S2 C9^A01 Ov nett • ate:. 4.:1^4 +a -A: •. : V: Q6: How many employees do you have at your business? Answered: 196 Skipped: 29 rit,_'.,CI- CH91C S,•1r..gtr.1t11p»l 1.13 11-74 Alin• man IX' TOTAL 1 Q7: What is the range of your annual business sales/revenue? Answered: 189 Skipped: 36 W U.63 3.n1'it. t3..CCO.UO3 - multi TOTAL 189 3 9/10/2020 Uts: Fiease share your approximate year to date ioss in revenue as a percentage difference from expected revenues (eg. "revenues are 10% lower than expected year to date") Answered: 181 Skippcd:44 JnJM\111111 J. �. Cti .41_v. ..lb Q9: Has your business had to lay off or furlough employees due to revenue losses resulting from the COVID-19 crisis? Answered: 183 Skipped:42 Q8: Please share your approximate year to date loss in revenue as a percentage difference from expected revenues (eg. "revenues are 10% lower than expected year to date") Answered: 181 Skipped: 44 Ai15'.YC�l CHC JC L; Lnaa L'»n lD'• 10.lfl 0_ .:7': L:k 1'f muse Man !i't'. TOTAL 1:r.CLT'Or(Se5 . ...• 1.S1 Q9: Has your business had to lay off or furlough employees due to revenue losses resulting from the COVID-19 crisis? Answered: 183 Skipped:42 A!,t.swt t. CHC 1c_. MCsrori,es ;n • 4 9/10/2020 Q11: Do you anticipate having to lay off, furlough, reduce employee hours, or reduce employees in the future? Answered: 180 Skipped: 45 1:« oN ➢).. 3:. aC... :C.w t4:. -.1V. brM1: ')_h; /b-4 Q12: Which of the below financial impacts have you experienced? Please check all that apply. Answered: 173 Skipped: 52 . yes yr t..1 .fl ..La• .Iry Min I Iled. .Imo ri ..y -'+• .a ♦.% •.1 1111••• fl ".+ .•.+ +.r. Q11: Do you anticipate having to lay off, furlough, reduce employee hours, or reduce employees in the future? Answered: 180 Skipped: 45 At! i J1.1 LIL C1 Ill 4CZ"; • RESPONSES 1l.GT'*. Oft Q12: Which of the below financial impacts have you experienced? Please check all that apply. Answered: 173 Skipped: 52 Ant.": cn. crt•.s,c=s Obt.:I I I•• fr •.AIc•,:',. is IT I IH jkc the gin ssjI:CelpcNr'bromt,C+St1Ip l ut� st wrstrnin. LOSS ut oKnr14r,:;lrk;4intm Canty Inbar' ct gryfi rrtwnyt-nrn or plwrnrl wroth•. r•.ahf1C/ to. pay Lit,.. fens Mann* Cicear am§ trr fraarI^rrtr 1,•ctars0.11 U••cntplrr,ntafr.lrnur.Inco rlrcmr.• tia Pint Psrtutrntl vrttr• It daai..c:.ectaNI Trytsl PespoN% tth.V. i??. 5 9/10/2020 Q13: What is the possibility of permanent business closure due to COVID- 19 Pandemic? Answered: 175 Skipped:50 trirsflret i v mr rest 4111114 an..aat f -Lyn vc ■ i 0'. 'ar'K :.0% 3_'t a0•4: yr, co.'. Business at Risk by Years End Retail Trndr. Real Estate and Leasing Professional Service: ti Personal Grooming Servkes Other !— ManulxturinN Information Hospitality, Accommodation and... Health Care and Social Assistance Finance and Insurance ■ Educational Servlccz Construction • Arts. Entertainment, and Recreation Q15: What resources would be necessary for your business in order to recover from the economic impact of COVID-19? Select all that apply. Answered: 155 Skipped: 70 ;are, MitL••. e . ease Se amour 'Poo AMP .a.Sall .- r,-u•-o.rpe 'AID NMI r • lasing la se: ... Q13: What is the possibility of permanent business closure due to COVID- 19 Pandemic? Answered: 175 Skipped: 50 A1tSWto tnOICES tiff Ittrlp 1•'+rcr.4 none, t-, ruri rims? ttuutal Eh", nair fee, TOTAL RCSr•,isc: 115 Q15: What resources would be necessary for your business in order to recover from the economic impact of COVID-19? Select all that apply. Answered: 155 Skipped: 70 .aW WCR CNt 1CiS rrlrnmM-: Frr.!•zjr -; r:•.Lrtwr. I wfl Itr nt- Tgovi.iL it iM :It t'_. nets* t 2?f.ytl C'. Ili :141 :re:. irprIntnr1 -rot rretlt.•. L5x:stNrt (Zr•sftt1t•` f.tt':i+nt, Gn Cytvnt-t..r tltr,/ttniv jiit:CMa,,i we.luleapmr.•.r TDr/ Yr s; Mid lit1101lnf/ cr Al rem.; el 1avl710;OS reat•y.Lo11vicct)L.r tarrere 1n torrI ern a -a Inh:c Trait —rot; Ts-Cr•-410.pr31 itpora:f+c. Crites IFlwnat )c..tl(yl Total Respondents- 1U5. :.r :va�::cc -a.- 6 9/10/2020 Q16: Has your business applied for any loans or grants from government assistance programs? Please specify (SBA EIDL, PPP) — check box if applied. Answered: 146 Skipped: 79 ETA !PS 0..rs Csmotra.:..aotc— ft%w 17. . Q17: Has your business received any loans or grants from government assistance programs? Please specify (SBA EIDL, PPP) — check box if received. Answered: 133 Skipped: 92 I3n R./•h Irf I.. Wmi Q16: Has your business applied for any loans or grants from government assistance programs? Please specify (SBA EIDL, PPP) — check box if applied. Answered: 146 Skipped: 79 Seine; a ra CHc CCIi= ;ate I nnn i4Ai iA iceP r•Ltl SBA uti.t Ir Erik: ra„ to $LU.UDDI Trtsl PespondenM U5 Q17. Has your business received any loans or grants from government assistance programs? Please specify (SBA EIDL, PPP) — check box if received. Answered: 133 Skipped: 92 At:S tP. CHc7Ct rrnt SBA U + lip F�r�S rX, to., %tC.UDDI TGral Re;por«Sent; 2» ReSPOQGI5 7 9/10/2020 Q18: Your business' office/business space is: Answered: 165 Skipped: 60 I tinalicaril UP4.. ITaw wee! PURI at Tr. Q23: Are you interested in hearing about more information that the City may be able to provide relating to the CARES Recovery Act? Answered: 154 Skipped: 71 Q18: Your business' office/business space is: Answered: 165 Skipped: 60 KELPOO S= so awed CretriCil intrrfrquemd Tenth. 1S. Q23: Are you interested in hearing about more information that the City may be able to provide relating to the CARES Recovery Act? Answered: 154 Skipped: 71 .!!JCS CR Ct1C ]CC ceSratifeC: qlTh 8 Attachment C TWC Labor Market Info Report (August 2020) Workforce Solutions COVID 9 Related Labor Market Information Updated: August 21, 2020 Workforce Solutions is an affiliate of the Gulf Coast Workforce Board, which manages a regional system that helps employers solve their workforce problems and residents build careers so both can compete in the global economy. The workforce systern serves the City of Houston and the surrounding 13 Texas Gulf Coast counties including: Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Harris, Liberty, Matagorda, Montgomery, Walker, Waller, and Wharton 1 I Page Pearland Friendswood Sugar Land League City Conroe Huntsville Rosenberg Deer Park Gulf Coast Missouri City Houston Alvin Lake Jackson La Porte Galveston Pasadena Texas City Baytown Unemployment Rates: Cities 1 3-County Gulf Coast Region Cities Unemployment Rates July 2020 (NSA) 6.7 6.7 6.9 7.1 8.8 9.0 9.3 9.3 9.4 9.7 9.7 9.8 9.8 10.0 10.8 1 1.8 1 2.2 0.0 2.0 4.0 6.0 8.0 10.0 1 2.0 14.0 16.0 Source: Bureau of Labor Statistics/Texas Workforce Commission 1 3-County Gulf Coast Region Cities Unemployment Rates July 2020 (same information as preceding bar- chart) 17.3 18.0 20.0 -. `: dirt►, co solutions 2. toyturn 17. Taxtn City 13. Pot adbna 6. CGotve drAl 94 to Porte 10. tote 1acltctt 1. &vcn 7. Hnuttan 12. Mitioutn c ty 4. Door Pork 15. Romberg S. 14.rr/vile 3. Cora oo 1 I. teaopx City 16. Sugar Lu-.J L. s tIend►'accd 14. PonsAnni 3d • 7070 11npn.rinyntrrrt Flo!? INS Al 17,3 vA 9A 7.1 6.9 6.7 6_2 • 1 .1 - tk a: 6trsa✓cl tobcr Stattlitp;Toxac Wtoi.'ferce Cnrrettltt.w •, I44 • • • 6 3 • 10 1 . . 1 • 1, It • t 1 3-County Gulf Coast Avercige: 9.4 !nLt:r 12 1 Page 13-County Gulf Coast Region Cities Over -the -month Change in Unemployment Rate (NSA) Jun 2020 to Jul 2020 Missouri City -0.4 Conroe -0.4 Sugar Land -0.4 Friendswood -0.4 Huntsville -0.4 League City -0.4 Lake Jackson Pearland Galveston Gulf Coast Houston Deer Park La Porte Texas City Alvin Rosenberg Pasadena Baytown -0.3 -0.3 -0.3 -0.3 -0.3 -0.3 r 1 -0.1 -0.1 0.0 0.1 0.1 0.2 -0.5 -0.4 -0.3 -0.2 -0.1 0.0 0.1 0.2 0.3 Source: Bureau of Labor Statistics/Texas Workforce Commission 18.0 16.0 14.0 12.0 10.0 8.0 6.0 Alvin City: Unemployment Rate (NSA) July 2010 to July 2020 NBER National Recession Shale Bust Unemployment Rate • • • • • • Historical Average ••••••••••••••••••••••••.(••• •••••• Historical Average 4.0 6.0 2.0 0.0 'Narkforrs: Solut ons Apr-20 15.6 Jul-2 9.8 0 ••••••••••••••••••••••• ••• • •••••••••••••••••••••••••••••••••••• Apr-19 3.5 Jul-10 Jul-1 1 Source: TWC/BLS Jul-12 Jul-13 Jul-14 Jul-15 Jul-16 Jul-17 JuI-18 JuI-19 . lk Jur1 20 Solutions 13 I Page 12.0 10.0 8.0 6.0 4.0 ••• 2.0 0.0 r Pearland City: Unemployment Rate (NSA) July 2005 to July 2020 NBER National Recession Shale Bust Unemployment Rate • • • • • • Historical Average • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Historical Average 4.2 Apr-20 10.8 Xic Jul-20 6.7 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Apr-19 2.4 O • • Jul-05 Jan-07 Jul-08 Source: TWC/B LS 15.0 12.0 9.0 6.0 3.0 0.0 Jan-10 Jul-11 Jan-13 Jul-14 Jan-16 Jul-17 Rosenberg City: Unemployment Rate (NSA) July 2005 to July 2020 NBER National Recession Shale Bust Unemployment Rate • • • • • • Historical Average • • • • • • • • • • • • • • • • • • • • OOOOO • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • Historical Average 5.1 Jan-19 ,Iul.20 Work loft r Solutions Apr-20 13.7 JuI-20 9.3 Apr-19 3.2 O Jul-05 Jan-07 JuI-08 Jan-10 Source: TWC/BLS Jul-11 Jan-13 Jul-14 Jan-16 JuI-17 Jan-19 Ju t-20 I� -} �1V,-:rkfr;rrcp Solutions 20 I Page Colorado Austin Wharton Walker Montgomery Fort Bend Waller Brazoria Galveston Gulf Coast Harris Chambers Matagorda Liberty Unemployment Rates: Counties 1 3-County Gulf Coast Region Unemployment Rates July 2020 (NSA) 6.1 7.0 7.4 7.6 L 8.1 8.4 8.5 9.1 9.3 9.4 9.8 10.4 0.0 2.0 4.0 6.0 Source: Bureau of Labor Statistics/Texas Workforce Commission 8.0 10.0 1 3-County Gulf Coast Region Unemployment Rates July 2020 (same information cis preceding bar chart) Solutions • • • • *X. u 4 • Say • Austin Walter 7.0 Colorado 6.1 Fart Bend Marto n 7.4 BA Wolter 7.6 Mont game ry 6. I Haub 9.8 411 • Chambers 10.d GDives tan 9.3 1 3-County Gulf Coast Average: 9.4 22 I Page 13-County Gulf Coast Region Over -the -month Change in Unemployment Rate (NSA) Jun 2020 to Jul 2020 Fort Bend Montgomery Gulf Coast Brazoria Harris Galveston Walker Austin Waller Chambers Colorado Wharton Liberty Matagorda -0.4 -0.4 -0.2 -0.2 -0.1 111 0.0 0.0 0.1 -0.5 -0.4 -0.3 -0.2 -0.1 0.0 0.1 0.2 Source: Bureau of Labor Statistics/Texas Workforce Commission 12.0 10.0 8.0 6.0 4.0 2.0 0.0 Austin County: Unemployment Rate (NSA) July 1990 to July 2020 NBER National Recession Shale Bust Unemployment Rate • • • • • • Historical Average • • • • • • • • • • • • • Apr-98 2.4 ... • • • • • • • • • • J • • • • • • • • • • • • • • • • • Historical Average 4.5 rch V'/or'kSolutions Ma y - 20 9.7 Jul-20 7.0 JuI-90 JuI-93 Jul-96 Source: TWC/BLS JuI-99 Jul-02 i JuI-05 Jul-08 Jul-1 1 Jul-14 Jul-17 Jul-20 Workforce Sol torts 23 I Page 15.0 12.0 9.0 6.0 •••.• 3.0 0.0 r Brazoria County: Unemployment Rate (NSA) July 1990 to July 2020 NBER National Recession Shale Bust Unemployment Rate • • • • • • Historical Average Historical Average 5.9 Apr-20 13.5 Jul-20 9.1 Apr-19 3.4 1 Jul-90 Jul-93 Jul-96 Source: TWC/BLS 18.0 16.0 Jul-99 Jul-02 Jul-05 Jul-08 Jul-1 1 Chambers County: Unemployment Rate (NSA) July 1990 to July 2020 14.0 NBER National Recession Shale Bust 1 2.0 Unemployment Rate • • • • • • Historical Average 10.0 8.0 6.0 4.0 2.0 0.0 Dec-00 3.3 Jul-14 Julr17 •••••••••••••••••• Historical Average 5.7 Jul - r Solutions Apr-20 15.0 Jul-20 10.4 •••• .•••• Jul-90 Jul-93 Jul-96 Source: TWC/BLS Jul-99 Jul-02 Jul-05 Jul-08 Jul-1 1 Jul-14 Jul-17 Jul-20 WorkferrL2 Solutions 24 1 Page Unemployment Rates: Houston MSA, Texas, U.S. United States, Texas, 1 3-County Gulf Coast Region & Houston MSA Unemployment Rates July 2020 (NSA) Texas Houston -The Woodlands -Sugar Land 1 3-County Gulf Coast Region United States 8.2 9.4 9.4 0.0 Source: Bureau of Labor Statistics/Texas Workforce Commission 16.0 14.0 2.0 4.0 6.0 8.0 Houston -The Woodlands -Sugar Land MSA: Unemployment Rate (NSA) July 1990 to July 2020 NBER National Recession 12.0 Shale Bust Unemployment Rate 1 0.0 • • • • • Historical Average 8.0 6.0 .. ........... 4.0 2.0 0.0 Historical Average 5.5 0•••• •••••••. .......... 10.5 10.0 12.0 -4 Workforce Solutions Apr-20 14.3 Jul-20 <5. 9.4 ....... ................. . ........ .......... Apr-19 3.3 JuI-90 Jul-93 Jul-96 Jul-99 Jul-02 Jul-05 Jul-08 Jul-1 1 Jul-1 4 Jul-17 Jul-20 Source: TWC/BLS w,�rkir,.::::: Soluc�ons 30 1 Page Source: TWC/BLS 15.0 12.0 9.0 6.0 3.0 Texas Statewide: Unemployment Rate (NSA) July 1990 to July 2020 NBER National Recession Shale Bust Unemployment Rate • • • • • • Historical Average ••••••••••••••• • • • • 0.0 Historical Average 5.5 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • OOOOOOOO • • • Apr-20 13.1 Jul-20 8.2 • • • • • • • • OOOOOOOO • • Apr-19 3.0 I 1 1 1 1 1 1 1 1 I Jul-90 JuI-93 JuI-96 Source: TWC/BLS 16.0 14.0 12.0 10.0 8.0 6.0 JuI-99 Jul-02 JuI-05 JuI-08 Jul-11 Jul-14 United States: Unemployment Rate (NSA) July 1990 to July 2020 NBER National Recession Shale Bust Unemployment Rate Historical Average • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Historical Average 4.0 5.6 2.0 0.0 N. •• • OOOOOOOO • • • • • • • • • • • • • • • • • • • • • • Jul-17 .lul-20 • 1 Workforr a Solutions Apr-20 14.4 Jul-20 10.5 Ne •••••••••••••••• Nov-19 3.3 1 1 1 1 1 1 1 1 Jul-90 JuI-93 JuI-96 Jul-99 Jul-02 Jul-05 Jul-08 Jul-11 Jul-14 Jul-17 Jul-20 \Vcr-kforc+: Solutions 31 I Page Best Plumbing Specialties PO Box 30 Myersville, MD 21773 Ph: 800-448-6710 Fax:800-700-2378 info@bestplumbingonline.com www.bestplumbingspecialties.com Public Safety Building & Jail Quote: 10500113 item_id 77016803 44501 99086003 77016803 44501 99086003 Total: qty_ordered 31 33 11 9 7 7 UoM EA EA EA EA EA EA Recreation Center & Natatorium Quote: 10500171 item_id 77016805 44501 99086003 Total: qty_ordered 23 31 7 West Side Event Center Quote: 10500173 item_id 77016805 44501 99086003 Total: qty_ordered 4 5 1 Fire Station No. 1 Quote 10500200 item_id 77016805 44501 Total: qty_ordered 5 5 UoM EA EA EA UoM EA EA EA UoM EA EA unit_price 295.65 311.33 311.33 295.65 311.33 311.33 unit_price 301.90 311.33 311.33 unit_price 301.90 311.33 311.33 unit_price 301.90 311.33 extended_price item_desc 9165.15 10273.89 3424.63 2660.85 2179.31 2179.31 $29,883.14 extended_price 6943.70 9651.23 2179.31 $18,774.24 extended_price 1207.60 1556.65 311.33 $3,075.58 extended_price 1509.50 1556.65 $3,066.15 S L 4 IN FCT PEDESTAL 0 35 GPM RESS CLOSET RETRO KIT 1.6 & 3.5 GPF S L 0.5 GPF URINAL RETROFIT KIT S L 4 IN FCT PEDESTAL 0 35 GPM RESS CLOSET RETRO KIT 1.6 & 3.5 GPF S L 0.5 GPF URINAL RETROFIT KIT item_desc S L 4 IN BDM FCT PED 0.35 GPM RESS CLOSET RETRO KIT 1.6 & 3 5 GPF S L 0.5 GPF URINAL RETROFIT KIT item_desc S L 4 IN BDM FCT PED 0.35 GPM RESS CLOSET RETRO KIT 1.6 & 3.5 GPF S L 0.5 GPF URINAL RETROFIT KIT item_desc S L 4 IN BDM FCT PED 0.35 GPM RESS CLOSET RETRO KIT 1.6 & 3.5 GPF Best Plumbing Specialties PO Box 30 Myersville, MD 21773 BEST `lii_ ii y lPLtI(i I / EST.'"'' I962t) Ph: 800-448-6710 Fax: 800-700-2378 info@bestplumbingonlme.com www.bestplumbingspecialties.com Tom Reid Public Library Quote: 10500203 item_id qty_ordered 77016805 10 44501 14 99086003 2 Total: City Hall Quote: 10500204 item_id 77016805 44501 99086003 Total: qty_ordered 13 12 4 Fire Station No. 5 Quote 10500205 item_id 77016805 44501 Total: qty_ordered 6 6 Fire Station No. 3 Quote. 10500206 item_id 77016805 44501 Total: qty_ordered 5 5 U oM unit_price EA 301.90 EA 311.33 EA 311.33 U oM unit_price EA 301.90 EA 311.33 EA 311.33 U oM EA EA UoM EA EA unit_price 301.90 311.33 unit_price 301.90 311.33 extended_pnce 3019 00 4358 62 622 66 $8,000.28 item_desc S L 4 IN BDM FCT PED 0.35 GPM RESS CLOSET RETRO KIT 1.6 & 3.5 GPF S L 0.5 GPF URINAL RETROFIT KIT extended_price item_desc 3924.70 SL 4 IN BDM FCT PED 0.35 GPM 3735.96 RESS CLOSET RETRO KIT 1.6 & 3.5 GPF 1245.32 SL 0.5 GPF URINAL RETROFIT KIT $8,905.98 extended_price 1811.40 1867.98 $3,679.38 extended_price 1509.50 1556.65 $3,066.15 item_desc S L 4 IN BDM FCT PED 0.35 GPM RESS CLOSET RETRO KIT 1.6 & 3.5 GPF item_desc SL 4 IN BDM FCT PED 0.35 GPM RESS CLOSET RETRO KIT 1.6 & 3.5 GPF Best Plumbing Specialties PO Box 30 Myersville, MD 21773 BEST Ph: 800-448-6710 Fax Fire Station No. 2 Quote 10500207 item_id 77016805 44501 Total: 800-700-2378 info(a)bestplumbingonline.com www.bestplumbingspecialties.com qty_ordered 5 5 Fire Admin Building Quote: 10500213 item_id 77016805 44501 99086003 Total: qty_ordered 6 7 3 UoM unit_price EA 301.90 EA 311.33 UoM unit_price EA 301.90 EA 311.33 EA 311.00 extended_price 1509.50 1556.65 $3,066.15 extended_pnce 1811 40 2179 31 933 00 $4,923.71 item_desc S L 4 IN BDM FCT PED 0.35 GPM RESS CLOSET RETRO KIT 1.6 & 3.5 GPF item_desc S L 4 IN BDM FCT PED 0.35 GPM RESS CLOSET RETRO KIT 1.6 & 3.5 GPF S L 0.5 GPF URINAL RETROFIT KIT GRAND TOTAL $86,440.76