R2022-212 2022-09-26DocuSign Envelope ID: 72F25F9F-2561-410E-9F87-51A935D77E4C
RESOLUTION NO. R2022-212
A Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in an interlocal agreement with Brazoria County for the purchase
of Hardware Supplies and Materials from O'Day Rental & Supply, in the
estimated amount of $50,000.00, for the period of October 1, 2022 through
September 30, 2023.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland and
Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That FY2022 expenditures with O'Day Rental & Supply, in the amount of
$50,000.00, are hereby approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Interlocal Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 26th day of September, A.D., 2022.
ATTEST:
,-DocuSigned by:
):M§'-)-\bUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
,-DocuSigned by:
E13CA89'ti'B B'1F�6
DARRIN M. COKER
CITY ATTORNEY
DocuSigned by:
B�3�S99 hB9-5�3F4F2_.
J. KEVIN COLE
MAYOR
BRAZORIA COUNTY
CONTRACT SHEET
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This memorandum of agreement made and entered into on therl j
in the State ra Texas (hereinafter designated 'County),Court acting h e
order of Braaaria County Commissioners' Court, and '
designated Vendor! Contractor).
W [TNE.SSETH;
-s`
day of , 2021, by and between Brazaria County
b b Ca my Judge L. . "lNV,#tt" 5 es Jr., by virtue of an
J 1 4 (hereinafter
(company name)
The Vendor and the County agree that the Instructions to Respondents, Specifications/Statement of Work, Standard Terms &
Conditions, and al! other requirements herein for ITB #21-50 HARDWARE SUPPLIES AND MATERIALS as stated in the
Invitation to 'Bid Table of Contents hereto attached and made a part hereof. together with the bond (when required), vendor's
response and awarded pricing structure, shall constitute the full agreement and Contract between parties and for furnishing the
items set out and described; the County agrees to pay the prices stipulated in the accepted offer.
The order of precedence shall be;
• ITB ##21-50 HARDWARE SUPPLIES AND MATERIALS
▪ Vendor's Response to the above listed bid and awarded pricing.
It is further agreed that this Contract shall not become binding or effective until signed by the parties hereto and a purchase order
authorizing the items desired has been issued,
Executed at Angleton. Texas this
day of 2021.
By.
By!
By:
By;
County Judge Signature
L.M. "Matt" Sebesta, Jr.
Printed Name
J10,01
filature of Vendor
l � r1l1 Wo ovvf\Ia
Printed Name artd Title
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS
EXHIBIT A - REQUIRED DOCUMENTS
• BID TABLE
• RESPONDENT CERTIFICATION FORM
• BIDDER/RESPONDENT'S AFFIRMATION & SDNs/BLOCKED PERSONS AFFIRMATION
• CERTIFICATION REGARDING LOBBYING FORM
• EXCEPTIONS TO STANDARD TERMS &CONDITIONS & SPECIAL REQUIREMENTS (if applicable) (If vendor has
any exceptions to the ITB terms and conditions or special requirements, they must be included with the ITB submittal in
order to be considered)
• SIGNED ADDENDA (if applicable)
• NON -COLLUSION AFFIDAVIT
• VENDOR REFERENCES
• VENDOR STORE LOCATIONS
• CONFLICT OF INTEREST QUESTIONNAIRE — FORM CIQ (if applicable)
• TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM
ITB #21-50 IlARDWARE SUPPLIES AND MATERIALS
ATTACHMENT A - BID TABLE WITH PRICING
VENDOR TO INSERT BID TABLE HERE
ITB 421-50 HARDWARE SUPPLIES AND MATERIALS
BRAZORIA COUNTY
RESPONDENT CERTIFICATION FORM
ITB # 21-50 HARDWARE SUPPLIES AND MATERIALS
Note: /n order to sign the documents electronically and insert an authorized signature into the PDF, you will need to use the latest
version of Adobe Reader. Be aware that such a signature will have the full legal force of a handwritten signature under Texas law.
OI Dak/ *N .5( t=Pw .takuC
LEGAL NAME OF CONTRACTING COMPANY
lb- DIS4LS,
FEDERAL I.D. # (Company or Corporation) SOCIAL SECURITY # (Individual)
9\bI - 1-1/bD- U I/ I 2Po1- LiP)'j �J O
TELEPHONE NUMBER FACSIMILE NUMBER
31w,1.1 kINa £w077 �RE6IDEHT
CONTACT PERSON TITLE
�I -bbX. n"LWO t ��bD
COMPLETE MAILING ADDRESS CITY & STATE ZIP CODE
tibi_Chi2CAMw7/5± )eafLAND 1/C 1 ICU)
COMPLETE STREET ADDRESS CITY & STATE ZIP CODE
Si g �ODW44-4_2DwRkc &JH
EMAIL ADDRESS
CERTIFICATION
By my signature hereon, 1 certify that the Goods and/or Services that I propose to furnish will meet or exceed every specification
contained herein, and that I have read each and every page of the Specifications/Statement of Work, other requirements, as well as, the
Standard Terms & Conditions and Bid Table. Further, I agree that if my offer is accepted, 1 shall perform as required in these Contract
documents. I am aware that, once accepted by Brazoria County, my offer becomes a binding Contract in accordance with the provisions
herein of the aforementioned Contract documents, and that I will not be permitted to attempt enforcement of any other Contract or
Contract provisions
.7 X_K.C-C%IJ
SIGNAT
"Must be authorized to execute on behalf of company"
7f JNC �"LUtt
Typewritten or Printed Name
b)-1p-2D21
DATE
Title
ITB #21-50 HARDWARE SUPPLIES AND MA I TRIALS
BRAZORIA COUNTY
BIDDER/RESPONDENT'S AFFIRMATION
ITB#21-50 HARDWARE SUPPLIES AND MATERIALS
This form must be completed, signed, and returned by Bidder/Respondent
NOTE: FAILURE TO SIGN AND RETURN THIS FORM WITHIN 10 DAYS OF AWARD NOTIFICATION MAY RESULT IN
THE TERMINATION OF ANY RESULTING PURCHASE ORDER OR CONTRACT.
Bidder/Respondent affirms that they are duly authorized to execute this Contract, that this company, corporation, firm,
partnership or individual has not prepared this bid/offer in collusion with any other bidder, and that the contents ofthis bid/offer
as to prices, terms or conditions of said bid/offer have not been communicated by the undersigned nor by any employee or
Director to any other person engaged in this type of business prior to the official opening of this bid/offer.
Bidder/Respondent hereby assigns to purchaser any an all claims for overcharges associated with this Contract which arise
under the antitrust laws of the United States, 15 USCA Section I et seq. and which arise under the antitrust laws of the State
of Texas, Tex. Bus. & Com. Code, Section 15.01 et seq.
Pursuant to §262.0276 (a) of the Texas Local Government Code and subject to Brazoria County Court Order No. 36 of
October 28, 2003, Bidder/Respondent, hereby affirms that Bidder/Respondent:
(Please check all that are applicable)
does not own taxable property in Brazoria County.
/ does not owe any ad valorem taxes to Brazoria County or is not otherwise indebted to Brazoria County.
BIDDER/RESPONDENT'S SDNs/BLOCKED PERSONS AFFIRMATION
Pursuant to §2155.077 of the Texas Govemment Code and subject to Brazoria County Court Order No19 of August 9, 2005,
Bidder/Respondent, hereby affirms that Bidder/Respondent:
(Please check all that are applicable)
Is not excluded from doing business at the federal level.
Is not listed as Specially Designated Nationals (SDN)s/Blocked Persons (individuals and companies owned or
controlled by or acting for or on behalf of targeted Countries; or individuals, groups and entities, such as terrorists and
narcotics traffickers designated under programs that are not country -specific).
2. Brazoria County may not make procurement transactions with SDNs/Blocked Persons.
If any additional *information*is required regarding these requirements, please contact The Brazoria County Purchasing
Department PRIOR to execution.
Bidder/Respondent Company Name 3 (J LYY 'l t TR., 5 c5u PL_Y Il ih
Signature of Company Official
Authorizing the Bid/Offer
Company Official
(Printed Name)
Official's Position
l.-X1/i(,Ct J(J Date -L 4YZ/
L7MNma �LU,of
ITB N21-50 HARDWARE SUPPLIES AND MATERIALS
CERTIFICATION REGARDING LOBBYING
Certifications for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and
cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed within this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transacti8on imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature/ Xuthorizdtertifymg Official
lANNe Eu oii -Paco/DE-HT
Ty ed Name
itle
RI T lE' Ki 5pi.PLY afC
Applicant / Organiza ion
Date Signed
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or
receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a
form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member ofcongress
in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
I. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of
a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by
this reporting entity for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check
the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub award recipient. Identify the
tier of the sub awardee, e.g., the first sub awardee of the prime is the Ist tier. Sub awards include but are not limited to subcontracts,
sub grants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Sub awardee," then enter the full name, address, city, State and zip code
of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item I). If known, enter the full Catalog of
Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for
Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the
application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90-001"
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal
amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995
engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from I0(a). Enter Last Name, First
Name, and Middle Initial (MI).
1 I. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended. no persons are required to respond to a collection of information unless it displays a valid
OMB control Number. The valid OMB control number for this information collection is OMB No, 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response. including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate
or any other aspect of this collection of information, including suggestions for reducing this burden. to the Office of Management and Budget,
Paperwork Reduction Project (0348-0046). Washington, DC 20503
ITB #21-50 HARDWARE SUPPLIES AND MA rERIA1.S
Approved by OMB
0348-0046
Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
See reverse for public burden disclosure)
Type
of Federal Action:
ITa contract
b. grant
Status
kin_
of Federal Action:
a. bid/offer/application
b. initial award
Report
11
1�111
II I1
Type:
a. initial filing
b. material change
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
c. post -award
Name and Address of Reporting Entity:
Prime Sub awardee
If Reporting Entity in No.
Name and Address of Prime:
N I y�
i(
Congressional District,
4 is Sub awardee, Enter
if known:
Tier , if Known:
Congressional
District, if known:
Federal Department/Agency:
I
)4
7. Federal Program Name/Description:
CFDA Number, if applicable:
14II
Federal Action
Number,
t
if known:
A-
9. Award Amount,,
$
if known:
V�-r 13
10. a. Name and Address
(if individual, last name,
k
of Lobbying Registrant
first name, MI):
il
b. Individuals Performing Services (including
address if different from
(last name, first name,
No.
MI):
in/c
10a)
11. Information requested through this form is
authorized by title 31 U.S.C. section 1352. This
of lobbying activities iisa matew
disclosurerepresentation of fact upon which reliance was placed
by the tier above when this transaction was made or
entered into. This disclosure is required pursuant to 31
U.S.C. 1352. Th-a information lll vaartee to the
Congress semi-annually and will be available for public
inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such
failure.
Signature:
II,
J,
p^1/
QI
1q7. Jl♦ in IY
lS 7 )rV iV C.
o J 1
l�{J 0 tr-
0--I
Print Nam
n
Title: •IV
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-(G.G/. D) T
^r�,l
Telephon dANJS!
����
I I I Date:
^�
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Federal Use Only
Authorized for Local Reproduction
Standard Form - LLL (Rev. 7-97)
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
VENDOR TO INSERT EXCEPTIONS TO
STANDARD TERMS & CONDITIONS & SPECIAL
REQUIREMENTS HERE (IF APPLICABLE)
Company does not have exceptions (If applicable, check here)
Or
Company does have exceptions (If applicable, check here and list
exceptions below for consideration. Brazoria County will review all exceptions
listed and will formally communicate as to if any exceptions are accepted by the
County. If exceptions are accepted by the County, they will be added in the form
of an addendum.)
110 P21-50 HARDWARE SUPPLIES AND MATERIALS
SIGNED ADDENDA (IF APPLICABLE)
VENDOR TO INSERT SIGNED ADDENDA HERE
ITB 421-50 HARDWARE SUPPLIES AND MATERIALS
NON -COLLUSION
AFFIDAVIT
THE STATE OF TEXAS 1
OWNER o tpfsIN� mil uOTT r 1' 1
Before me, the undersigned authority, on this day personally appeared ./� - M�FN EL u
who being by me duly swom upon oath says: that he is duly qualified and authorized to make this affidavit for and on behalf of
orDret Qai 3/Thtt tfractor"), of and is fully cognizant of the fact herein set out: that Contractor has
not, either directly or indirectly, entered into any agreement with OWNER in any collusion: or otherwise taken any action in restraint
of free competitive bidding in connection with the contract for the above referenced project.
NE atcsr 4 P etDu jr
Name Title
//•fi•
SWORN I0 AND SUBSCRIBED BEFORE ME by the said this tO day of
210-0e201 , to certify which witness my hand and seal of office.
NOTARY PUBLIC in and for
State of
l
Printed Name: \N\o v ct_ w_N v c V. —2j t _ '1 E,1r
My Commission Expires: 1 d (3 (I2
rrg #21-50 HARDWARE SUPPLIES AND MATERIALS
VENDOR REFERENCES
Bidder must furnish with bid, a list of three (3) references from customers with a similar or larger operation as
Brazoria County. References must include company name, contact person and telephone number.
Contact Name
2) Tua0.141sinlh
Contact Name
3; P p-Ric of V/
Contact Name
Company Name
Telephone
2\?1 /40-�
Company Name Telephone
I�IJ��t/ bk;Lu Z145--i ?iD
Company Name Telephone
rrn E21-50 HARDWARE SUPPLIES AND MATERIALS
VENDOR STORE LOCATIONS
Bidder must list Brazona County and all surrounding store locations.
1) [ j tR-oM3wm 5r FLA Nv, iX- `'17l)
2)
3)
4)
5)
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is bang filed in accordance wish Chapter 176, Local Government Code, by a vendor who
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law is questionnaire must be filed with the records administrator of the local governmental entity not later
that he lfn business day alter the date the vendor becomes aware of facts that require to statement to be
filed. See Section 176006(a-I). Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176 006. Local Government Code. An
offense wider cis section is a misdemeanor
OFNCE USEONLy
pate Raaved
J Name
of vendor
ODR/
who has a
k►.irEL
business relationship
with local governmental
IPPLy
entity.
T
J
Check this box if you
completed questionnaire
you became aware that
are filing at update to a previously filed questionnaire. than the. (The lawn quires that you file an updated
with the appropriate filing authority not later than the lth business day after the date on which
the originally filed questionnaire was incomplete or inaccurate.)
A Name of local government
officer about whom the
l'Nl
in
o
on is being disclosed.
A
Name of Officer
J Describe each employment
officer, as described by Section
Complete subparts A and eta
Mae necessary.
A. Is the local
other than investment
or other business relationship
I76.003(a)(2)(A).
each employment or
Y\I
government officer or a
income. from the
with the local government officer, or a family member of the
Also describe any family relationship with the local government officer.
business relationship described. Attsch additional pages to this Form
nn I/(��y
family member of the officer receiving or likely to receive taxable income,
vendor?
Yes
LJ
No
B. Is the vendor receiving or likely to receive taxable income, other than investment income. from or at the direction
ul the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes
No
J Describe each employment or business relationship
other business entity with respect to which
ownership interest of one percent or more.
the local
I_I
that the
government
/I
vendor named in Section 1 maintains with a corporation or
officer serves as an officer or director, or holds an
tNn
J
Check this box if the vendor has given the local government officer or a family member of the officer one or more gilts
as described in Section 116003(a)(2)(13). excluding described in Section I76.003(a-q.
gifts
J
�L 'I
f '�(,.,n '
Si (wet Intl« doing drtin
the govemmalwl entity Dam
Form proided by Texas EtiiWCammission
www.ethics.statetx. us
Reused 111302015
I I13 021-50 HARDWARE SUPPI.IFS AND MATERIALS
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis,state,tx.us/
Docs/LG/htm/LG176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Coda § 176.001(1-al: "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public: or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code E 176.003(a)(2/1A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Govemment Code § 176.Oo6(a) and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176 003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176 003(a)(2)(B), exduch g any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission
www. elhics.state.
Revised 11/302015
ITB #21-50 HARDWARE SUPPLIES AND MA I CRIALS
TEXAS GOVERNMENT CODE 552, SUBCHAPTER J
ACKNOWLEDGEMENT FORM
Respondent acknowledges having read and understood the following law,
effective January 1, 2020
SIGNATURE"must be authors d to execute on behalf of company"
Typewritten or Printed Name
DATE
? Sip air
Title
SUBCHAPTER J. ADDITIONAL PROVISIONS RELATED TO CONTRACTING INFORMATION
Sec. 552.371. CERTAIN ENTITIES REQUIRED TO PROVIDE CONTRACTING INFORMATION TO GOVERNMENTAL. BODY
IN CONNECTION WITH REQUEST. (a) This section applies to an entity that is not a governmental body that executes a contract with a
governmental body that:
(I) has a stated expenditure of at least $I million in public funds for the purchase of goods or services by the governmental
body; or
(2) results in the expenditure of at least $I million in public funds for the purchase of goods or services by the governmental
body in a fiscal year of the govemmental body.
(b) This section applies to a written request for public infommation received by a governmental body that is a parry to a contract described
by Subsection (a) for contracting information related to the contract that is in the custody or possession of the entity and not maintained by the
governmental body.
(c) A governmental body that receives a written request for information described by Subsection (b) shall request that the entity provide
the information to the govemmental body. The governmental body must scnd the request in writing to the entity not later than the third business day
after the date the governmental body receives the written request described by Subsection (b).
(d) Notwithstanding Section 552.301:
(1) a request for an attorney general's decision under Section 552.301(b) to determine whether contracting information subject
to a written request described by Subsection (b) falls within an exception to disclosure under this chapter is considered timely if made not later than
the 13th business day after the date the governmental body receives the written request described by Subsection (b):
(2) the statement and copy described by Section 552.301(d) is considered timely if provided to the requcstor not later than the
13th business day after the date the governmental body receives the written request described by Subsection (b):
(3) a submission described by Section 552.301(e) is considered timely if submitted to the attorney general not later than the
18th business day after the date the governmental body receives the written request described by Subsection (b); and
(4) a copy described by Section 552.301(e-1) is considered timely if sent to the requcstor not later than the 18th business day
after the date the govemmental body receives the written request described by Subsection (b).
(c) Section 552.302 does not apply to information described by Subsection (b) if the governmental body:
I I13 s21-50 HARDWARE SUPPLIES AND MA I ERIALS
(I) complies with the requirements of Subsection (c) in a good faith effort to obtain the information from the contracting entity;
(2) is unable to meet a deadline described by Subsection (d) because the contracting entity failed to provide the information to
the governmental body not later than the 13th business day after the date the governmental body received the written request for the information; and
(3) if applicable and notwithstanding the deadlines prescribed by Sections 552.301(b), (d), (e), and (e-I), complies with the
requirements of those subsections not later than the eighth business day after the date the governmental body receives the information from the
contracting entity.
(1) Nothing in this section affects the deadlines or duties of a governmental body under Section 552.301 regarding information the
governmental body maintains, including contracting information.
Sec. 552.372. BIDS AND CONTRACTS. (a) A contract described by Section 552.371 must require a contracting entity to:
(1) preserve all contracting infomiation related to the contract as provided by the records retention requirements applicable to
the governmental body for the duration of the contract;
(2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or
possession of the entity on request of the governmental body; and
(3) on completion of the contract, either:
(A) provide at no cost to the governmental body all contracting information related to the contract that is in the
custody or possession of the entity: or
(B) preserve the contracting information related to the contract as provided by the records retention requirements
applicable to the governmental body.
(b) Unless Section 552.374(c) applies, a bid for a contract described by Section 552.371 and the contract must include the following
statement: "The requirements of Subchapter J. Chapter 552, Government Code, may apply to this (include "bid" or "contract" as applicable) and the
contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter."
(c) A governmental body may not accept a bid for a contract described by Section 552.371 or award the contract to an entity that the
governmental body has determined has knowingly or intentionally failed to comply with this subchapter in a previous bid or contract described by
that section unless the governmental body determines and documents that the entity has taken adequate steps to ensure future compliance with the
requirements of this subchapter.
Sec. 552.373. NONCOMPLIANCE WITH PROVISION OF SUBCHAPTER. A governmental body that is the party to a contract
described by Section 552.371 shall provide notice to the entity that is a party to the contract if the entity fails to comply with a requirement of this
subchapter applicable to the entity. The notice must:
(1) be in writing;
(2) state the requirement of this subchapter that the entity has violated: and
(3) unless Section 552.374(c)applies, advise the entity that the governmental body may terminate the contract without further
obligation to the entity if the entity does not cure the violation on or before the I0th business day after the date the governmental body provides the
notice.
Sec. 552.374, 'TERMINATION OF CONTRACT FOR NONCOMPLIANCE. (a) Subject to Subsection (c), a governmental body may
terminate a contract described by Section 552371 if:
f1B #21-50 HARDWARE SUPPLIES AND MATERIALS
(I) the governmental body provides notice under Section 552.373 to the entity that is party to the contract;
(2) the contracting entity does not cure the violation in the period prescribed by Section 552.373,
(3) the governmental body determines that the contracting entity has intentionally or knowingly failed to comply with a
requirement of this subchapter; and
(4) the governmental body determines that the entity has not taken adequate steps to ensure future compliance with the
requirements of this subchapter_
(b) For the purpose of Subsection (a), an entity has taken adequate steps to ensure future compliance with this subchapter if:
(1) the entity produces contracting information requested by the governmental body that is in the custody or possession of the
entity not later than the loth business day after the date the governmental body makes the request: and
(2) the entity establishes a records management program to enable the entity to comply with this subchapter.
(c) A governmental body may not terminate a contract under this section if the contract is related to the purchase or underwriting of a
public security, the contract is or may be used as collateral on a loan, or the contracts proceeds are used to pay debt service of a public security or
loan.
Sec 552.375. OTHER CONTRACT PROVISIONS. Nothing in this subchapter prevents a governmental body from including and
enforcing more stringent requirements in a contract to increase accountability or transparency.
Sec. 552.376. CAUSE OF ACTION NOT CREATED This subchapter does not create a cause of action to contest a bid for or the award
of a contract with a governmental body.
Added by Acts 2019, 86th Leg., RS., Ch. 1216 (S.B. 943), Sec. 9,
January 1,2020.
I IS #21-50 HARDWARE SUPPLIES AND MATERIAI.S
ITS 1121-50 HARDWARE
SUPPLIES AND MATERIALS
RESPONDENTS NAME
OIROUARLYS INC
MSC INDUSTRIAL SUPPLY CO
MOORE SUPPLY
0.DAT RENTAL 8 SUPPLY
SARS SOLUTIONS INC. OBA LANE
HARDWARE & LUMBER CO.
MALONE. COMPANY INC
MCCOT CORPORATION
PEARLAND LUMBER COMPANY
15800 TRINITY BLVD.. STE. 104. FORT
469 EAST PLANTATION. GLUM. TX
0014 BROADWAY ST.
1813 N. VELASGO. ANGLETON. TX
55)10.150N AVENUE. 511.1
1350 IH 35 NORHT SAN
2027 N. MAIN ST. PEARLAND. TX
EMAIL
GIROUARDSARAIGMAILCOM
$ALPHwnITON®mvcDIRECTCOef
DLUCMAHnNOMOORESUPPLV.cOM
SALESraOOAVHARDWARE.COM
ROeraLAJCEHARDWARECOM
GARLY.B®MALORCOMPANY.COM
STOREOOS®MCCOVS GOM
JLOESSIN®PEARLANDLUMBERCOM
description iptionland product
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DESCRIPTION
LIST/STORE RETAIL
PRODUCT DESCRIPTION
MINIMUM
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MINIMUM%
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PRODUCT DESCRIPTION
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PRODUCT DESCRIPTION
MINIMUMX
OFF
RETAIL
PRODUCT DESCRIPTION
MINIMUMX
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RETAIL
Abrasives
All Hardware &
exception m lumber
To%
20%
PLUMBING SUPPLIES
20% TO es%
Hardware supplies end Matedala
To%
Lumber
ALL PRODUCTS
TT%
Apparel
1.50%
Hardware Sonelies a Matenais
0-20%
Clampino Workholding8
Lumber
o%
20%
PVC PIPE
as%
Roan
ALL coons
TT%
ANometive
1.50%
Poskionina
Fasteners
zo%
PVC FITTING
40%
Drywall
Cabinets&Coun0ertaps
2.50%
Fleet Maintenance
20,
BRASS VALVES
as%
Elecmcalsueellea
0-20% Oil
Retell
Ceilings
2.00%
HVAC
Hand Tools
20%
FIXTURES
as%
Eiamcal wire a cable
Concrete, Blocks,
Pavino. & Reber
2.20%FIXTURES
20%
wATER HEATERS
so%
Hand Tools
Retell
Packaged cement
products end Hollow.
t 20%
Hardware
20%
GAM PIPE AND FRTNG.
40%
Power Toole
Concrete Product
1.50%
HolemaNng
20%
COPPER PIPE AND FRTNes
as%
Hardware
0-20% OR
Retell
Culverts
2.50%
Hose Tube. Fittings & Valves
zo%
TOOLS
zs%
Heminp.vemil500 MAC Simply
Retell
Doors
2.00%
Intlexable Culling Tools
20%
Lawn a Garden
0-20% OR
Retell
Interior Hollow Core ePanel
0.20%
Janitorial & Facility Maintenance
zo%
Pairda Paiminp suppiim
a
Drywall other then listed
below
1.20%
Lighting & Electrical
z0%
Plumbing supplies
0-20% Oil
Retell
Joint Compound end
Tape
1.80%
Lubricants Coolants & Fluids
zo%
Nails a Fasteners
0-20% Oil
Retell
Camerbead
2.00%
Machinery
zo%
Doors. Windows Mllmm�
listed Electrical Thor than
2.00%
Marking & Labeling
20%
Relied Electrical Wire
0.40%
Material Handling & Storage
zo%
EOauln, Panels, arRodeo Feeders,
1.00%
Measuring & Inspect na
20%
Fasteners
2.70%
Milling
Motion Control & Fluid Power
20%
Fencing
1.00%
20%
Welded Wire
1.20%
Plumbing Pumpa6 Filtration
20%
T Post&Accessories
0.50%
Power Tools
zo%
Ton lRdlaLinkFencing and
g 80%
Raw Materials
20%
Fencing Tools,
Accessories. Electrical
1.50%
Safety
Saw Blades
20%
Electric Fence Chargers
2.00%
20%
Hardware Cloth, Poultry
Nettino. Chain Link
2.00%
Shipping & Office Supplies
20%
Hardware Cloth
2.00%
Tapes & Adhesives
20%
Flooring
2.00%
Threading
20%
Food B Beverage
3.00%
Tad Holding
20%
Hark Tads
3.00%
Tumina &Boring
20%
Builders Hardware
3.50%
Welding 8 Soldering
20%
H.irrg 8 Cooling
2.00%
Housewares
2.50%
Insulation
1.70%
Batt & Roll, Housewrep,
Tana. &Access.
2.50%
Weatherstripping
3.00%
Insulation Accessedes
2.00%
Pipe end Faucet
Insulation
2.00%
Light Fixtures
3.00%
Lumber
1.70%
Whitewood Studs
0.30%
Whkewood Fuming
Sinn
2.50%
Whit...d Palter"
Stack
2.50%
Cedar Fencing end
Solk Rails
0.20%
IX Treated Lumber
2.50%
Southem Pine, SYP
Pattern Stock, Treated
Lumber, Redwood,
Cedar Decking
1.50%
2x4 and 2 E Treated
Lumber
1.50%
Mobile Home
Accessories
2.00%
ITD1121-50 HARDWARE
SUPPUES AND MATERIALS
RESPONDENTS NAME
°INWARD'S INC
MSC INDUSTRIAL SUPPLY CO
MOORE SUPPLY
O'DAY RENTAL 8 SUPPLY
SANS SOLUTIONS INC. ODA LANE
HARDWARE A LUMBER CO.
MALOR 8 COMPANY INC
MCCOY CORPORATION
PEARLAND LUMBER COMPANY
15800 TRINITY BLVD.. STE. 104. FORT
440 EAST PLANTAIION. GLUM. TX
6614 BROM:WAY ST.
1813 N. VELASOO. ANGLETON. TX
NT MADISON AVENUE. 5111
1350 IH 35 NORHT, SAN
2027 N. MAIN ST. PEARLAND. TX
CONTACT
-IRA GIROUARD
RALPH WALTON
DAVID MCMAHAN
SUZANNE ELLIOTT
ROB W HRMARSH
GAR, SENOR
JOE MUNOZ
JOHN LOESSIN
EMAIL
ITON®MscDIRECTCOM
DLMCMANANMMOORESUPPLY.cOM
SALES®OOAYHARDWARE.COM
RO.LAKEHARDWARECOM
OARLYaMMALORCOMPANY.COM
STORE003MMCCOVS.00M
JLOESSINMPEARLANOLUMBEROOM
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DESCRIPTION
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MINNUM
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MINIMUMX
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MINIMUMX
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MINIMUMx
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Mouldina3.00%
Paint
2.50%
Paint Supplies
3.50%
Alex Plus Caulk Clear
Paneling
1.50%
2.00%
OSB Structural Panels,
Fiber Cement Panel &
Lao Sidina
OSB Structural Panels
0.70%
0.50%
Panels & Plywood
1.50%
Fiher Cement Trim and
Soffits, and Accessories
100%
Metal Panels
Pipe
2.00%
3.00%
Rcugh & Repair
Plumbing Materials
Water Heaters
4.00%
1.50%
Water Storage&Septic
Tanks
1.50%
Plumbing Fixtures
2.00%
Sanded Plywood
1.00%
Power Tods
3.00%
Roofing
1.20%
Roofing Accessories
2.00%
Seasonal, Lawn/Garden
2.00%
Ventilation
2.50%
Walls
2.00%
Windows
2.00%
RESOLUTION NO. R2005-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY
FOR COOPERATION IN THE PURCHASING OF VARIOUS
COMMODITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interiocal agreement by and between the City of Pearland
and Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an interiocal agreement with Brazoria County, for
cooperation in the purchasing of various commodities.
PASSED, APPROVED and ADOPTED this the 23rd day of May
A.D., 2005.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution 2005-89
INTERLOCAL AGREEMENT
BETWEEN COUNTY OF BRAZORIA AND CITY OF PEARLAND, TEXAS
rirr
This agreement is made this c day of
of Brazoria, Texas and the City of Pearland, Texas.
2005 between the County
Pursuant to the authority granted by the "Texas Interlace! Cooperation Act", Chapter
791 Texas Government Code providing for the cooperation between local governmental
bodies, the parties hereto, in consideration of the promises and mutual promises contained
herein, agree as follows:
WHEREAS, the contract is made under the authority of Section 791.001-791.029 of
the Texas Government Code; and,
WHEREAS, the parties, in performing governmental functions or in paying for the
performance of governmental functions hereunder shall make that performance or those
payments from current revenues legally available to that party;
WHERAS, the governing bodies of each party find that the subject of this contract is
necessary for the benefit of the public and that each party has the legal authority to perform
and to provide the governmental function or service which is the subject matter of this
contract; furthermore, the governing bodies find that the performance of this contract is in
the common interest of both parties; and that the division of cost fairly compensates the
performing party for the services performed under this contract.
Each party hereby makes, constitutes and appoints the other party its true and lawful
purchasing agent for the purchase of various commodities using Annual Contracts (Bids).
Each party will maintain a listing of Annual Contracts which are available for the other
party's use. To utilize one or more of these contracts, each party must request authorization,
in writing, to the other party. Upon receipt of request, the receiving party will forward a copy
of the appropriate Annual Contract to the requesting entity. Each party agrees that the other
party shall serve as the purchasing agent for selected items, and agrees that the bidding
shall be conducted by the other party according to its usual bidding procedures and in
accordance with applicable State statutes.
11.
Each party agrees that all specifications for selected items shall be as determined by
the other party.
Each party agrees to pay the supplier for all goods, equipment and products
pursuant to this agreement. The successful bidder or bidders shall bill each party directly for
all items purchased and each party shall be responsible for vendor's compliance with all
conditions of delivery and quality of the purchased items.
IV,
Bill Eisen, City Manager, is hereby designated as the official representative to act for
the City of Pearland, Texas in all matters relating to this agreement.
V,
John Willy, County Judge, is hereby designated as the official representative to act
for the County of Brazoria, Texas in all matters relating to this agreement.
VI.
This agreement shall be in effect from the date of execution until terminated by either
party to the agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers the day and year first above written.
BY:
NAME: JOHN WILLY
TITLE: COUNTY JUDGE
DATE: ;{e) L CJS
CITY OF PEARLAND, TEXAS
BY:
NAME: BILL EISEN
TITLE: CITY MANAGER
DATE: May 24, 2005
BRAZORIA COUNTY PURCHASING DEPARTMENT
Susanne Brumley CPPB
Procurement Officer
Charles Crook CPPB
County Purchasing Agent
May 2, 2005
Mr. Bill Eisen
City Manager
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Tracy Jackson CPPB
Contract Specialist
RE: Contract #05-59 Interlocal Agreement between City of Pearland, Texas and Brazoria County
Dear Mr. Eisen:
Enclosed are two copies of the agreement between the City of Pearland, Texas and Brazoria County, that have
already been signed by the Brazoria County Judge.
[f you are in agreement with this contract, please sign both copies and return one of them back to Brazoria County
Purchasing Department for our records. It should be addressed to the following:
Charles Crook CPPB
Brazoria County Purchasing Agent
I I 1 E. Locust, Bldg. A-29, Suite 100
Angleton, TX 77515
Thank you for your interest in Brazoria County. If you have any questions, please do not hesitate to contact me.
Charles Crook CPPB
Brazoria County Purchasing Agent
Enclosure(s)
11 l E. Locust Street, Bldg. A-29, Suite I00, Angleton, Texas 77515
Telephone (979)864-1825 or (281)755-1825 Fax (979)864-1034