R2021-263 2021-11-22 Uocubign Envelope ID 44UA410U-EUIJI--41b9-A411--U99UA2391546C.
RESOLUTION NO. R2021-263
A Resolution of the City Council of the City of Pearland,Texas,awarding a unit
supply contract,through an interlocal pricing arrangement with Buyboard for
the purchase of Fire Department medical supplies, to Life Assist, Inc., in the
estimated amount of$120,000, for the period of November 23, 2021 through
November 22, 2022.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
Section 1 That the City obtained competitive pricing for the supply of fire medical
supplies through the Buyboard cooperative purchasing program
Section 2. That the City Council hereby awards a contact to Life Assist, Inc., in the unit
price amounts reflected in Exhibit"A" attached hereto
Section 3. The City Manager or his designee is hereby authorized to execute a unit
supply contract for Fire Department medical supplies
PASSED, APPROVED and ADOPTED this the 22nd day of November, A.D , 2021
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Supply Contract Standard Form
Approved as to Legal Form 6.28.2021 Page 1 of 6
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
General Services Contract-C1122-22
This Contract ("Contract") is entered into by and between the City of Pearland, a Texas home-
rule municipal corporation (“City”) and Contractor (“Contractor"), and consisting 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:
Description of Supplies:
Contract Amount:
Life-Assist Inc.
11277 Sunrise Park Drive
Rancho Cordova, CA 95742
Contractor will provide medical supplies as required by the
specifications of Buyboard Contract number 603-20 and as
ordered by the Fire Department
$120,000.00
Effective Date: November 23, 2021
End Date: November 22, 2022
Renewals: Two (2) renewal options available, upon the mutual agreement of
both parties.
Resolution No/Bid No: R2021-263
II.Signatures
CITY OF PEARLAND Life-Assist Inc.
Purchasing Officer Date Title:
Date:
*Signed by:Date
Superintendent/Manager
Director
Deputy/Assistant City Manager
City Manager
*City Contract Signature Authority:Superintendent/Manager – up to $10,000
Director - $10,001 - $30,000
City Manager/Deputy/Assistant City Manager - $30,001 +
City Council Resolution over $50,000
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Contracts Specialist
11/29/2021 | 2:51 PM PST
11/29/2021 | 5:23 PM CST
11/30/2021 | 7:58 AM PST
Supply Contract Standard Form
Approved as to Legal Form 6.28.2021 Page 2 of 6
III.Standard Contract Provisions
WHEREAS, Contractor has bid to provide supplies (“Supplies”) in response to Request for
Bid/Proposal or Quote No. Buyboard Cooperative Purchasing contract 603-20 (“Solicitation”), which
Solicitation includes the required scope of work and all specifications and which Solicitation and the
Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract
as Exhibit 1 and 2, respectively, as if each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1.Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as
detailed in Attachment A, the content of which is incorporated by reference into this Contract
as if fully set out here in its entirety, and in accordance with Exhibit 2.
2.Term. This Contract is for one (1), with performance commencing upon the effective date or
the date of issuance of the notice to proceed issued by the Contract Administrator or the
Purchasing Division, or upon the performance date listed in the notice to proceed, whichever
is later. The parties may mutually extend the Term of this Contract for up to two (2) additional
one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior
to the expiration of the original term or the then-current Option Period. The City’s extension
authorization must be executed by the City Manager or designee.
3.Compensation and Payment. This Contract is for an estimated amount of $120,000.00,
subject to approved extensions and changes. Payment will be made for Supplies completed
and accepted by the City within thirty (30) days of acceptance, subject to receipt of an
acceptable invoice. Contractor shall invoice no more frequently than once per month. All
pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in
Attachment B, the content of which is incorporated, in its entirety, by reference into this
Contract. Any amount not expended during the initial term or any option period may, at the
City’s discretion, be allocated for use in the next option period.
Invoices will be emailed to the following email address with a copy provided to the Contract
Administrator:
City of Pearland
Attn: Accounts Payable
Email: accountspayable@pearlandtx.gov
4.Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Contract, including
deductions for non-performance and authorizations for payment. The City’s Contract
Administrator for this Contract is as follows:
Name: Rachel Darrow
Department: FIRE
Phone: 281-997-4623
Email: rdarrow@pearlandtx.gov
5.Insurance; Bonds.
(A)Before performance can begin under this Contract, the Contractor must deliver a
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Supply Contract Standard Form
Approved as to Legal Form 6.28.2021 Page 3 of 6
Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the
Contract Administrator. Additionally, the COI must state that the City shall be provided
no less than thirty (30) days’ advance written notice of cancellation, material change in
coverage, or intent not to renew any of the policies. The City must be named as an
additional insured. The City Attorney must be given copies of all insurance policies
within ten (10) days of the City Manager or his designee’s written request. Insurance
requirements are as stated in Attachment C, the entirety of which is incorporated by
reference into this Contract.
(B)I Contractor shall provide any required payment bond, performance bond, or both, prior
to commencement of performance under this Agreement. The terms, conditions, and
amounts of the bonds and appropriate surety information shall be included in the
RFB/RFP or as may be added to Attachment C, and such content, the entirety of
which, shall be incorporated into this Contract y.
6.Purchase Release Order. For multiple-release purchases of Supplies to be provided by the
Contractor over a period of time, the City will exercise its right to specify time, place and
quantity of Supplies to be delivered in the following manner: the authorized City department
or division shall send to Contractor a purchase release order signed by an authorized agent
of the department or division. The purchase release order shall refer to this Contract, and
Supplies shall not be rendered until the Contractor receives the signed purchase release
order.
7.Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies
or products that are provided but not accepted by the City must be corrected or re-worked
immediately at no charge to the City. If immediate correction or re-working at no charge cannot
be made by the Contractor, replacement Supplies may be procured by the City on the open
market and any costs incurred, including additional costs over the item’s bid/proposal price,
shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice.
8.Warranty.
(A)The Contractor warrants that all products supplied under this Contract are new, quality
items that are free from defects, fit for their intended purpose, and of good material and
workmanship. The Contractor warrants that it has clear title to the products and that
the products are free of liens or encumbrances.
(B)In addition, the products purchased under this Contract shall be warranted by the
Contractor or, if indicated in Attachment D by the manufacturer, for the period stated
therein. Attachment D, the entirety of which, is incorporated into this Contract.
9.Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are
estimates only and do not obligate the City to order or accept more than the City’s actual
requirements nor do the estimates restrict the City from ordering less than its actual needs
during the term of the Contract including any Option Period. Substitutions and deviations from
the City’s product requirements or specifications are prohibited without the prior written
approval of the Contract Administrator.
10.Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the
City, which fiscal year ends on September 30th annually, is subject to appropriations and
budget approval specifically covering this Contract as an expenditure in said budget, and it is
within the sole discretion of the City’s City Council to determine whether or not to fund this
Contract. The City does not represent that this budget item will be adopted, as said
determination is within the City Council's sole discretion when adopting each budget.
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11.Independent Contractor. Contractor shall perform all work required by this Contract as an
independent contractor and will furnish such Supplies in its own manner and method, and
under no circumstances or conditions will any agent, servant or employee of the Contractor
be considered an employee of the City.
12.Amendments. This Contract may be amended or modified only in writing and executed by
authorized representatives of both parties.
13.Waiver. No waiver by either party of any breach of any term or condition of this Contract
waives any subsequent breach of the same.
14.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be
provided proof of payment of these taxes within 15 days of such request.
15.Notice. Any notice required under this Contract must be given by hand delivery, or certified
mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day
after postmark if sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Pearland
Attn: Rachel Darrow
Title: Logistics Supervisor
Address: 2703 Veterans Dr., Pearland, TX 77584
Phone: 281-997-4623
IF TO CONTRACTOR:
Life-Assist Inc.
Attn: Contracts
Department
Title: Contracts Administrator
Address: 11277 Sunrise Park Drive, Rancho Cordova, CA 95742
Phone: 800-824-6016
16.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.
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17.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.
18.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.
19.Termination.
(A)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 Supplies
provided in accordance with this Contract to the date of termination.
(B)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 shall provide 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
pursuant to 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.
20.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of
the owner’s manual and/or preventative maintenance guidelines or instructions if available for
any equipment purchased by the City pursuant to this Contract. Contractor must provide such
documentation upon delivery of such equipment and prior to receipt of the final payment by
the City.
21.Limitation of Liability. The City’s maximum liability under this Contract is limited to the total
amount of compensation listed in this Contract. In no event shall the City be liable for
incidental, consequential or special damages.
22.Assignment. No assignment of this Contract by the Contractor, or of any right or interest
contained herein, is effective unless the City Manager first gives written consent to such
assignment. The performance of this Contract by the Contractor is of the essence of this
Contract, and the City Manager's right to withhold consent to such assignment is within the
sole discretion of the City Manager on any ground whatsoever.
23.Severability. Each provision of this Contract is considered to be severable and, if, for any
reason, any provision or part of this Contract is determined to be invalid and contrary to
applicable law, such invalidity shall not impair the operation of nor affect those portions of this
Contract that are valid, but this Contract shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part had been omitted.
24.Order of Precedence. In the event of any conflicts or inconsistencies between this Contract,
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its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference
to the documents in the following order of priority:
A.this Contract (excluding attachments and exhibits);
B.its attachments;
C.the bid solicitation document including any addenda (Exhibit 1); then,
D.the Contractor’s bid response (Exhibit 2).
25.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code
Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of
Interested Parties” as part of this Contract if required by said statute for items approved by
City Council.
26.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the
performance of this Contract. The applicable law for any legal disputes arising out of this
Contract is the law of the State of Texas, and such form and venue for such disputes is the
appropriate district, county, or justice court in and for Brazoria County, Texas.
27.H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory
executing this contract on behalf of company verifies that the company does not boycott Israel
and will not boycott Israel during the term of this contract. This clause is subject to companies
with ten or more full time employees and the contract value is $100,000 or more that is to be
paid wholly or partially with public funds of the governmental entity.
28.Public Information Act Requirements. This paragraph applies only to agreements that have
a stated expenditure of at least $1,000,000 or that result in the expenditure of at least
$1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code,
regarding certain entities requirement to provide contracting information to governmental
bodies in connection with a public information request, may apply to this contract and the
Contractor agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
29.Entire Contract. This Contract constitutes the entire agreement between the parties
concerning the subject matter of this Contract and supersedes all prior negotiations,
arrangements, agreements, and understandings, either oral or written, between the parties.
IV.Special Terms and Conditions. None
V.Additional Contract Documents
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP/Quote No. Buyboard Cooperative Purchasing contract 603-20
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ATTACHMENT A – SCOPE OF WORK
1. TERM OF CONTRACT
1.1 If the option to renew for additional one-year period(s) is exercised by the City of Pearland,
a price adjustment upward may be requested by the Vendor by the application of the
formula set forth in the paragraph below. The index to be used in the computation of the
price adjustment shall be the “All Items Index” item under the “U.S. City Average” category
as quoted in the publication Consumer Price Index for the Houston-Galveston-Brazoria
Consolidated Metropolitan Statistical Area, which is issued by the U.S. Department of Labor,
Bureau of Labor Statistics.
The index for the month most recently published at the time of bid award shall be used as a
base for determining price adjustment(s). The index for the month most recently published
at the time of contract expiration/possible renewal shall be used in determining the adjusted
contract price(s) for ensuing contract period(s), should renewal option(s) be exercised and
unit price adjustments be requested. Contract price adjustments shall be determined as
follows: Unit Price % change (the point difference between the base index and the
subsequent specified index is divided by the beginning index points, and multiplied by
100) in the index equals amount of price change eligible for adjustment. Whenever a price
adjustment is made pursuant to this clause in contracts with multiple renewal options, the
index that was used for determining a current adjustment (s) shall become the new base
index for determining further adjustments. There shall be a minimum of at least twelve
months between price adjustments for contracts having multiple renewal options.
2. SALES TAX
2.1 City of Pearland is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax and will provide its tax exemption certificate to contractor.
3. TERMS AND CONDITIONS
3.1 CONTRACT MUST COMPLY with all state, county and local laws concerning this type of
good or service.
3.2 REMEDIES: The contractor and City of Pearland agree that both parties have all rights,
duties and remedies available as stated in the Uniform Commercial Code.
3.3 OBLIGATION OF FUNDING: Funds for payment have been provided through the City of
Pearland budget approved by the City Council for this fiscal year only. State of Texas
statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for
which a budget has been approved. Therefore, anticipated orders or other obligations that
may arise past the end of the current City of Pearland fiscal year shall be subject to budget
approval by City Council. The City’s fiscal year is October 1 through September 30.
3.4 APPROPRIATION OF FUNDS: The City of Pearland has established an appropriation
(allocation) of funds for this as needed service, if in the event the appropriated (allocated)
funds are exhausted, the Vendor's only remedy shall be suspension or termination of its
performance under the contract and shall have no other remedy in law or in equity against
the City and no right to damages of any kind. The City may reduce the funds allocated
and the services required at its discretion. The City shall notify Vendor in writing of any
reduction. The de-obligation of funds does not require any formal amendment but shall be
evidenced by a revised budget approved by City Council.
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3.5 CONFLICT OF INTEREST: No public official shall have interest in this contract accept in
accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5,
Subtitle C, Chapter 171. A Conflict of Interest form must be completed and turned in with
contract.
3.6 ETHICS: The contractor shall not offer or accept gifts or anything of value or enter into
any business arrangement with any employee, official or agent of City of Pearland.
3.7 City may, at any time, request a meeting to discuss performance, service, etc.
3.8 Contractor shall not subcontract any tasks associated with this contract without prior
written consent of the City.
3.9 Contractor must make every effort to comply with Chapter 176 of the Texas Local
Government Code. Chapter 176 mandates the public disclosure of certain information
concerning persons doing business or seeking to do business with the City of Pearland,
including affiliations of business and financial relationships such persons may have with
City of Pearland officers. By doing business or seeking to do business with the City of
Pearland, including submitting a response to this Contract, you acknowledge that you
have been notified of the requirements of Chapter 176 of the Texas Local Government
Code and you are representing that you are in compliance with them.
3.10 A contract will not be awarded to any party that has been debarred, suspended, excluded
or ineligible for participation in federal assistance programs.
3.11 In the event an awarded Vendor becomes debarred, suspended, excluded or ineligible
for participation in federal assistance programs after award of contract, the awarded
contract may be cancelled without notice.
3.12 RISK: The work under this contract in every respect shall be at the risk of the Vendor until
finished and accepted.
3.13 EXECUTION, CORRECTION AND INTENT: The intent of the contract documents, and
specifications is to describe the complete work to be performed under such contract.
Unless otherwise provided, it is also the intent of the specifications and contract
documents that the Vendor shall furnish all materials, supplies, tools, equipment,
machinery, labor and supervision necessary for the prosecution and completion of the
work in full compliance with the specifications and other documents.
3.14 CODE REQUIREMENTS: The rules and regulations, ordinances and laws governing the
work and/or equipment shall be in accordance with all regulations and codes of the
Federal, State and Municipal departments having jurisdiction, the National Board of Fire
Underwriters, Factory Mutual Insurance, Texas Engineering and Fire Prevention Bureau,
and the local utility companies which are in force at the time of the execution of the work.
3.15 PROTECTION: The Vendor shall provide and maintain all protection required by the
governing laws, regulations and ordinances. The Vendor shall be responsible for any loss
or damaged caused by him or his employee(s) to the property of City of Pearland or to the
work or materials installed and make good any loss, damage, or injury without cost to City
of Pearland.
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3.16 WORKMEN’S SAFETY: The Vendor shall meet all safety and health regulations required
such as but not limited to, by the Occupational Safety and Health Administration,
Department of Labor and all state regulations dealing with occupational safety.
4. QUALITY CONTROL
4.1 Goods supplied under this contract 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.
4.2 The City shall determine the suitability of any product for use during the term of the
contract – should the City determine a product to be substandard for its use, the City
reserves the right to request a change of product or vendor, if the awarded vendor cannot
provide a substitute at the awarded price. Substitute items requested by the City which
necessitate a higher price than originally awarded will be reviewed on a case by case
basis. If the City does not agree to the increased price, the item will be removed from the
contract.
5. WARRANTY
5.1 Contractor 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.
6. INDEMNIFICATION
6.1 The contractor shall indemnify, defend, and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind,
including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death
of any person, or for damage to any property, arising from or caused by any act or
omission of bidder, its officers, employees, agents, or subcontractors, in performing its
obligations under this contract.
7. PATENTS / COPYRIGHTS
7.1 The contractor agrees to protect City of Pearland from claims involving infringements of
patents and/orcopyrights.
8. PURCHASE ORDER
8.1 The City shall generate a Purchase Order to the contractor. The City will only be
obligated for the dollar amount shown on the Purchase Order. The Purchase Order
number must appear on all invoices, packing lists and all related correspondence. The
City will not be responsible for any orders placed and/or delivered without a valid
Purchase Order number.
9. USAGE REPORTS
9.1 Contractor may be requested to provide a complete and accurate usage history report for
all products/services furnished hereunder. At a minimum, report will include the following,
based on trailing twelvemonths:
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9.2 11.01 Purchase Order Number;
9.3 11.02 Invoice Number;
9.4 11.03 Item Number/Description;
9.5 11.04 Quantity/Hours;
9.6 11.05 Purchase Price/Hourly Rate;
9.7 11.06 Name of Ordered By.
10. INTERLOCAL PARTICIPATION
10.1 The City may, from time to time, enter into Inter-local Cooperative Purchasing Agreements
with other governmental entities (hereafter collectively referred to as “Entity” or“Entities”)
to enhance the City’s purchasing power. At the City’s sole discretion and option, City may
inform other Entities that they may acquire items listed in this bid. Such acquisition(s) shall
be at the prices stated herein, and shall be subject to bidder’s acceptance.
10.2 In no event shall City be considered a dealer, re-marketer, agent or other representative
of awarded bidder or Entity. Further, City shall not be considered and is not an agent;
partner or representative of the Entity making purchases hereunder, and shall not be
obligated or liable for any suchorder.
10.3 Entity purchase orders shall be submitted to the contractor by the Entity.
10.4 Contractor authorizes City’s use of bidder's name, trademarks and bidder provided
materials in City’s presentations and promotions regarding the availability of use of this
contract. The City makes no representation or guarantee as to any minimum amount being
purchased by City or Entities, or whether Entity will purchase utilizing City’s contract.
10.5 City will not be liable or responsible for any obligations, including but not limited to
payment, and for any item ordered by an Entity other than the City.
11. EQUAL OPPORTUNITY EMPLOYER
11.1 The contractor shall warrant and agree that he/she is an Equal Opportunity Employer.
Should complaints of any form of discrimination, either in dispensation of the service, or
within company hiring policies be substantiated, this contract may be terminated
immediately.
12. WORKERS COMPENSATION
12.1 The Contractor (as required by State of Texas Workers Compensations law) shall carry in
full force workers compensation policy(ies) for all employees, including but not limited to
full-time, part- time, and emergency employees employed by the Contractor. Current
insurance certificates, certifying that such policies as specified above are in full force, shall
be presented to the City of Pearland by the Contractor.
12.2 By entering into this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all employees of
the Contractor who will provide services will be covered by workers' compensation
coverage for the duration of the contract, that the coverage will be based on proper
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reporting of classification codes and payroll amounts, and that all coverage agreements
will be filed with the appropriate insurance carrier or, in the case of a self insured, with the
commission's division of self-insurance regulation. Providing false or misleading
information may subject the Contractor to administrative penalties, criminal penalties, or
other civil actions.
12.3 The Contractors failure to comply with any of these provisions is a breach of contract by
the Contractor which entitles the governmental entity to declare the contract void if the
Vendor does not remedy the breach within ten days after receipt of notice of breach from
the governmental entity.
13. WAGE RATES
13.1 In conformance with applicable statutes, the general prevailing wage rates determined by
the United States Department of Labor in accordance with the Davis-Bacon Act, in the
locality in which the work is to be performed have been asserted and such rates shall be
the minimum paid for labor employed on this project.
14. CONDITIONS FOR TERMINATION
14.1 The City, besides all other rights or remedies it may have, shall have the right to terminate
this agreement immediately upon written notice from the City Manager or his designee of
its election to do so, if the Contractor fails to perform the service or breaches this
agreement in any way, including the following:
14.1.1 By failing to pay insurance, liens, claims, or other charges.
14.1.2 By failing to pay any payments due the City, State or Federal Government from the
awarded bidder or its principals, including, but not limited to payments identified in this
agreement or any taxes, fees, assessments, orliens.
14.1.2 Upon the institution of voluntary or involuntary bankruptcy proceedings against the
awarded bidder or upon dissolution of the firm or business.
14.1.3 By violation of any provision of the agreement.
14.1.4 By failing to respond and/or deliver within the prescribed time, including weekends
and holidays.
14.1.5 By failing to make adequate arrangements for an emergency call.
14.1.6 By providing substandard product or mechanical services work, or work the City
deems to be otherwiseunacceptable.
14.1.7 Additionally, the City reserves the right to terminate the contract without cause upon
written notice 30 days prior to the date of termination.
15. INVOICES
15.1 Contractor shall submit an original invoice for each purchase order after each delivery,
indicating the purchase order number and employee name of requestor.
15.2 Invoices must be itemized.
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15.3 Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect,
will be returned for correction and will not be paid until corrected invoice is received.
15.4 Payment basis shall be net thirty (30) days from receipt of invoice.
15.5 Invoices may be submittedvia email to accountspayable@pearlandtx.gov or mailed to:
City of Pearland
Accounts Payable
P.O. Box 2719 Pearland, TX 77588
16.ASSIGNMENT
16.1 The Contractor may not assign, sell or otherwise transfer this contract without prior written
consent of the City ofPearland.
17.NEW MERCHANDISE/PRODUCT
17.1 All product furnished as a result of this bid must be new. The City will neither purchase
nor accepts bids or shipments of goods classified as seconds, irregulars or any other
designation other than new.
18.ORDERING
18.1 During the contract term, orders will be placed on an as needed, as required basis.
Contractor agrees to full said service requested/ordered by the City, with no minimum
requirements. Please note that it is the intent of the City to consolidate needs whenever
possible/feasible.
19.ESTIMATED PURCHASES
19.1 Quantities indicated are estimates. No warranty is given as to the actual dollar amount
that will be purchased during the term of any resulting contract. It is understood and agreed
that the basis for payment under this bid shall be the actual amount of material ordered
and furnished.
20.ALTERNATE VENDOR/CONTRACTOR(S)
20.1 City of Pearland reserves the right to use other Vendors if any of the following conditions
exist:
20.1.1 The response time is not met.
20.1.2 The quality of work is unacceptable.
20.1.3 The number of hours estimated/being charged or other cost is considered excessive.
20.1.4 The number of technician and/or laborer/helper required or sent to perform the work
on a certain project is determined to be either insufficient or excessive.
20.1.5 Service and/or material is not acceptable (does not meet specifications).
20.1.6 Service and/or material is not available on the day it is needed, or within specified
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delivery requirements.
20.1.7 Vendor fails to respond to service request, i.e. does not return phone calls.
21.INDEPENDENT CONTRACTOR
21.1 The parties contend that Vendor/Contractor, in performing the services specified herein,
shall act as an independent contractor and shall have control of its work and the manner
in which it is performed. It shall be free to contract for similar services to be performed for
other employers while it is under contract with the City. Contractor is not to be considered
an agent or employee of the City and is not entitled to participate in any pension, medical
or dental plan, or any other benefit provided by the City to its employees.
22.LAW GOVERNING AND VENUE
22.1 The law of the State of Texas shall govern this contract and no lawsuit shall be prosecuted
on the Contract except in a court of competent jurisdiction located in Brazoria County,
Texas.
23.CERTIFICATE OF INTERESTED PARTIES
23.1 Effective January 1, 2016, all contracts and contract amendments, extensionsor renewals
executed by City Council will require the completion of Form 1295 “Certificate of Interested
Parties” pursuant to Texas Local Government Code Chapter 2252.908. Form must be
completed by Vendor at time of signed contract submittal.
23.2 All responding Vendors may access a video from the Texas Ethics Commission which
explains the process on how to submit Form 1295. The video link is available on the City
of Pearland Purchasing Department website at http://pearlandtx.gov/purchasing.
23.3 Successful Bidder will maintain a staffed office for the processing of orders and specific
job related information during normal working hours, 8:00 a.m. to 5:00 p.m., CST five (5)
days a week.
24.GUARANTEE OF CONTINUITY AND AVAILABILITY OF PRODUCT
24.1 Unless a given product is discontinued by the manufacturer, all products that are specified
by the bidder in this bid shall be available to the City during the life of the contract. All
production shall equal or exceed the standards set forth in these specifications and must
match the style, color and quality of the initial order as accepted by the specifications and
will not be changed without prior approval of the City.
25.DELIVERY OF GOODS
25.1 All delivery tickets shall have a City of Pearland purchase order number, description and
part numbers of items delivered. Loose and different sized material shall be packaged
separately and shrink wrapped and should include descriptive information as to the items
delivered, including quantity and part numbers.
25.2 The Contractor shall deliver materials within the delivery time as stated in the bidder’s
response. All delivery and freight charges (FOB City of Pearland designated location) are
to be included in the bid price. Fuel, or other, surcharges will not be acceptable. Delivery
shall be at City of Pearland Fire Department located at 2703 Veterans Dr., Pearland, TX
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77584 for orders placed during regular business hours 8:00 AM to 4:00 PM Monday –
Friday excluding City holidays. There shall be no extra charge for the delivery option. NO
EXCEPTIONS.
25.3 Delivery time shall be stated in number of calendar days in the Attributes tab.
25.4 Three (3) instances of failure to deliver in a timely manner may result in termination of the
contract.
25.5 The City reserves the right to use other Vendors when it is deemed to be in its best interest
to do so, as in the followingexamples:
25.5.1 Service and/or quality is not acceptable (does not meet specifications);
25.5.2 Service is not available on the day it is needed, or within specified requirements;
25.5.3 Awarded bidder fails to respond to work order request, i.e. does not return phone
calls in a timely manner;
25.6 Back Orders
25.6.1 It is the City’s intent to minimize backorders, thereby reducing time and costs
associated with handling each order. If a backorder is unavoidable, awarded bidder
shall notify appropriate City personnel and provide the estimated delivery date.
25.6.2 City of Pearland may request to cancel backordered items without charge, and may
order elsewhere as may be in the best interest of the City.
25.6.3 Backorders shall be held to a minimum and limited to no more than a three (3)
business day delay.
25.7 Returns
25.7.1 Awarded bidder shall accept all returns, if provided product does not match to order.
26.PRICING/TAXES
26.1 City of Pearland will not pay any additional charges unless specified in bid. These charges
may include, but are not limited to, delivery charges and/or fuel surcharges.
26.2 Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will
be honored during the course of the contract.
26.3 If unit pricing and extended pricing differ, unit pricing prevails for evaluation purposes.
26.4 The Vendor will pay all sales, consumer, use and other similar taxes required by the State
of Texas.
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ATTACHMENT B – INSURANCE REQUIREMENTS
Contractors performing work on City property or public right-of-way for the City of Pearland
shall provide the City a certificate of insurance or a copy of their insurance policy(s)
evidencing the coverages and coverage provisions identified herein. Contractors shall
provide the City evidence that all subcontractors performing work on the project have the
same types and amounts of coverages as required herein or that the subcontractors are
included under the contractor’s policy.
All insurance companies and coverages must be authorized by the Texas Department of
Insurance to transact business in the State of Texas and must be acceptable to the City of
Pearland.
Listed below are the types and amounts of insurances required. The City reserves the right to
amend or require additional types and amounts of coverages or provisions depending on
the nature of the work.
Type of Insurance Amount of Insurance Provisions
1.Workers’ Compensation
Employers’ Liability
Statutory Limits
$100,000 per occurrence
City to be provided a WAIVER
OF SUBROGATION and 30-day
notice of cancellation or
material change in coverage.
2.Commercial General
(Public) Liability to include
coverage for:
a)Premises/Operations
b)Products/Completed
Operations
c)Independent
Contractors
d)Personal Injury
e)Contractual Liability
Personal Injury - $1,000,000 per
person; Property Damage -
$1,000,000 per occurrence;
General Aggregate -
$1,000,000
City to be listed as additional
insured and provided 30-day
notice of cancellation or
material change in coverage.
City shall be provided 30-day
notice of cancellation or
material change in coverage.
3.Business Auto Liability to
include coverage for:
a)Owned/Leased
vehicles
b)Non-owned vehicles
c)Hired vehicles
Combined Single Limit -
$1,000,000
Certificate of Insurance forms may be sent to Purchasing Department.
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ATTACHMENT D – WARRANTY
Warranty based on Buyboard Contract number 603-20.
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