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R2022-213 2022-09-26DocuSign Envelope ID: 72F25F9F-2561-410E-9F87-51A935D77E4C RESOLUTION NO. R2022-213 A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with Brazoria County for the purchase of Hardware Supplies and Materials from Pearland Lumber Company, Inc., in the estimated amount of $110,000.00, 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 Pearland Lumber, in the amount of $110,000.00, 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. DocuSigned by:�t J. l /TTf �,tiLE MAYOR ATTEST: EFDocuSigned by: ratAtt,S aScur FRAnag AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ,-DocuSigned by: DA4kilITV.4tOKER CITY ATTORNEY BRAZORIA COUNTY CONTRACT SHEET THE STATE OF TEXAS COUNTY OF BRATARIA This memorandum of agreement made and entered into on the _ day of !TAT , 2021, by and between Brazoria County in the State of Texas (hereinafter designated County), acting herein by County Judge L.M. "Matt" Sebesta, Jr., by virtue of an order of Brazoria County Commissioners' Court, and Lrtah L,srvtl3etz._ Gs' en PA,JT", irk , (hereinafter designated Vendor / Contractor). (company name) WITNESSETH: The Vendor and the County agree that the Instructions to Respondents, Specifications/Statement of Work, Standard Terms & Conditions, and all other requirements herein for ITB #21-28 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 #21-28 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 27 day of April Bv: By: Printed Name 202l. County Judge Signature L.M. "Matt" Sebesta, Jr. By: �,- ignature of Vendor By: 1-0 -0t^3SI*i t V tc ? IoJT Printed Name and Title ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS BRAZORIA COUNTY RESPONDENT CERTIFICATION FORM ITB # 21-50 HARDWARE SUPPLIES AND MATERIALS Note: In 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. L -OniS CQA ; I tJ LEGAL NAME OF CONTRACTING COMPANY -IL( (2 RJ-j FEDERAL I.D. # (Company or Corporation) SOCIAL SECURITY # (Individual) I +� 1 LI-r L{ TELEPHONE NUMBER Jul L �3s(r•d �c 2s J L( S FACSIMILE NUMBER s,1) +rt CONTACT PERSON TITLE PO (2-. t � p�, Qom-, �� y- `I?S Sg~ 170 COMPLETE MAILING ADDRESS CITY & STATE ZIP CODE c7 1\1 . 1)1,4 t• r?oLAI,) 1x -TIC COMPLETE STREET ADDRESS CITY & STATE ZIP CODE 1_44) c3 S t IJ C,sw1 EMAIL ADDRESS CERTIFICATION By my signature hereon, I 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, I 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. SIGNATURE v DATE "Must be authorized to execute on behalf of company" 30tf4J Typewritten or Printed Name ITB #21-50 HARDWARE SUPPLIES AND MATERIALS \IIC� tl T Title 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. 1. 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 of this 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. 2. 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 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. 3. 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. V / does not owe any ad valorem taxes to Brazoria County or is not otherwise indebted to Brazoria County. ************************************************************************************** BIDDER/RESPONDENT'S SDNsBLOCKED PERSONS AFFIRMATION Pursuant to §2155.077 of the Texas Government 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 SDNsBlocked Persons. ************************************************************************************** If any additional information is required regarding these requirements, please contact The Brazoria County Purchasing Department PRIOR to execution. ************************************************************************************** Bidder/Respondent Company Name VeAll Liao r> Lim e‘L. (Y n.4a'"S' I Signature of Company Official Authorizing the Bid/Offer Company Official (Printed Name) Date 1 NC. Official's Position tcE,l2tSlOct= ITB #21-50 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/Authorized Cert fyin g Official ©K.P3 ;1 \ft C6: fk' (6-1•51- Typed Name and Title 'iP.AT► '(a I t•J C Applicant / Organization Date Signed ITB #21-50 HARDWARE SUPPLIES AND MATERIALS Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 ....... ...v..,vv iv! Nuuuk. UuiuGII ui insure) Type of Federal Action: a. contract b. grant Status of Federal Action: a. bid/offer/application b. initial Report Type: a. initial filing award b. material change c. cooperative agreement d. loan e. loan guarantee f. loan insurance c. post -award Name and Address of Reporting Entity: If Reporting Entity in No. 4 is Sub awardee, Enter Prime Sub awardee Name and Address of Prime: Tier , if Known: rd ?C-W14-.AIQt-> Lfsekill>eCL CON! VANT1 1rKC_ --____> Congressional District, if known: Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. (if individual, Name and Address of Lobbying Registrant last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): 11. Information authorized requested through this form is by title 31 U.S.C. section 1352. This l ! ,\7 _ Signature: _`�-�1-..— disclosure representation by the of lobbying activities is a material of fact upon which reliance was placed tier `k Print Name: JOt tt .) \. �-3 +3 entered U.S.C. above when this transaction was made or into. This disclosure is required pursuant to 31 1352. This information will be 7 Title: '4 t �� ,_ �l k-5 00UT Congress inspection. reported to the semi-annually and will be available for public Any person who fails to file the required 'il.ik 148g tiOLI ti—q--Z Telephone No.: Date: disclosure than $10,000 failure. shall be subject to a civil penalty of not less and not more than $100,000 for each such Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) 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 of Congress 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. 1. 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 1st 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 1). 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 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. 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 MATERIALS VENDOR TO INSERT EXCEPTIONS TO STANDARD TERMS & CONDITIONS & SPECIAL REQUIREMENTS HERE (IF APPLICABLE) Company does not have exceptions Of 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.) ITB #21-50 HARDWARE SUPPLIES AND MATERIALS NON -COLLUSION AFFIDAVIT TIIE STATE OF TEXAS OWNER VEAAt.AN› LCY & i arn9N.Is' + I Vsi Before me, the undersigned authority, on this day personally appeared (.1oi4,) L•vc351 * 1� who being by me duly sworn upon oath says: that he is duly qualified and authorized to make this affidavit for and on behalf of % l.dr*PleTs I N‹._ ("Contractor"), 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. Lc , i i tu-- �pc Name Title SWORN TO AND SUBSCRIBED BEFORE ME by the said Jo1n) , this 7 day of p ii , 21 , to certify which witness my hand and seal of office. Aiefo 126V-/ NOTARY PUBLIC in and for State of re x Gt S Printed Name: JeSS I •c Ci.— RD T k_ 7-i0 -2-cG13 My Commission Expires: ITB *21-50 HARDWARE SUPPLIES AND MATERIALS i JESSICA ROTH Notary Public STATE OF TEXAS NOTARY IDS 722336-4 My Comm. Exp. July 10, 2023 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. 9g( Contact Name Company Name Telephone 2) c7eValt-ANJ) 1 S age — 3)&3 Contact Name Company Name Telephone 3) CITY OF ?� ,Ni (Ag1 Gs-?) — (7s1 Contact Name Company Name Telephone ITB #21-50 HARDWARE SUPPLIES AND MATERIALS VENDOR STORE LOCATIONS Bidder must list Brazoria County and all surrounding store locations. 1 0� Nt . ti141 r\J sr (9t2.. 1,./7 , I - 7 7 s o 2) 3) 4) 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 Log., Regular Session. This questionnaire is being filed in accordance with Chapter 176, local Government Code, by a vendor who has a business relationship as defined by Section 178.001(1.a) with a local governmental entity and the vendor meets requirements under Section 178.006(a), By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts at require the statement to be filed. Soe Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 178.006, Local Government Code. An offense under this section is a misdemeanor. OFRCEUSE ONLY Do, Rec,ived J Name of vendor who hasa business relationship with local governmental entity. `erALAr4, L.rn uf PJld t frIt < J Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer ,J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(aX2XA), Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? LJ Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income. from or at the direction of the focal government officer or a family member of the officer AND the taxable Income is not received from the local governmental entity? Yes '{�I No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. ! 7 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts t as described in Section 176.003(a)(2)(B), excluding gifts deserted in Section 176.003(a-1). 1 le L Signature vendor ndoi g business with the govermental entity Date orm provided by Texas EtNes Commission ITB #21-50 HARDWARE SUPPLIES AND MATERIALS www.ethics.state.tx,us Revised 11 '30.2.015 TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM Respondent acknowledges having read and understood the following law, effective January 1, 2020 SIGNAT "must be authorized to execute on behalf of company" Dotty C?, Typewritten or Printed Name DATE ( -1—r 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: (1) has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body; or (2) results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body in a fiscal year of the governmental body. (b) This section applies to a written request for public information received by a governmental body that is a party 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 governmental body. The governmental body must send 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 requestor 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 governrnental 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 requestor not later than the 18th business day after the date the governmental body receives the written request described by Subsection (b). (e) Section 552.302 does not apply to information described by Subsection (b) if the governmental body: ITB #21-50 HARDWARE SUPPLIES AND MATERIALS (1) 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-1), 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. (f) 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 information 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: "Thc requirements of Subchapter J, Chapter 552, Govemment 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 govemmcntal 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 loth 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 552.371 if: ITB #21-50 HARDWARE SUPPLIES AND MATERIALS (1) 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 detennines 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 10th 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 contract's 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., R.S., Ch. 1216 (S.B. 943), Sec. 9, eft'. January 1, 2020. ITB #21-50 HARDWARE SUPPLIES AND MATERIALS 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 P.r..nwe. Iw amount. li.r. DESCRIPTION LIST/STORE RETAIL PRODUCT DESCRIPTION MINIMUM OFF RETAIL PRODUCT DESCRIPTION MINIMUMx OFF RETAIL PRODUCT DESCRIPTION MINIMUM% OFF RETAIL PRODUCT DESCRIPTOR MINIMUM% OFF RETAIL PRODUCT DESCRIPTION MINIMUMx OFF ERETAIL PRODUCT DESCRIPTION MINIMUMX OFF RETAIL PRODUCT DESCRIPTION MINIMUMX OFF E 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 Biddert I� P.,..nM.,.wa S. OS DESCRIPTION UM %OFP UST/STORE RETAIL PRODUCT DESCRIPTION MINNUM OFF RETAIL PRODUCT DESCRIPTION MINIMUMX OFF RETAIL PROOUCTDESCRIPTION MINIMUM% OFF RETAIL PROOUCTDESCRIPTION MINIMUM% OFF RETAIL PRODUCT DESCRIPTION MINIMUMX OFF ERETAIL _ DESCRIPTION MINIMUMX OFF PROWCT MINIMUMx OFF RETAIL 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