HomeMy WebLinkAboutR2024-251 2024-12-09Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38
RESOLUTION NO. R2024-251
A Resolution of The City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to participate in an interlocal
cooperative pricing arrangement for the purchase of Hardware Supplies
and Materials from O'Day Rental &Supply, in the estimated amount of
$70,000.00, for fiscal year 2025.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the purchase of Hardware Supplies and Materials from O'Day Rental
&Supply, in the estimated amount of $70,000.00, is hereby approved.
Section 2. That the City Manager or his designee is hereby authorized to execute a
contract for Hardware Supplies and Materials from O'Day Rental & Supply.
PASSED, APPROVED and ADOPTED this the 9th day of December, A.D., 2024.
ATTEST:
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AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
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CITY ATTORNEY
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J. KEVIN COLE
MAYOR
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April 27, 2021
THE COMMISSIONERS' COURT OF BRAZORIA COUNTY
SPECIAL MEETING
ORDER NO. 6.P.6
RE: Award ITB #21-50 Hardware Supplies and Materials
Approval to award "ITB #21-50 Hardware Supplies and Materials" to Girouard's, Inc.
of Freeport, Texas; MSC Industrial Supply Company of Fort Worth, Texas; Moore
Supply of Clute, Texas; O'Day Rental & Supply of Pearland, Texas; SARS Solutions,
Inc., dba Lake Hardware & Lumber Company of Angleton, Texas; Malor & Company,
Inc. of New York, New York; McCoy Corporation of San Marcos, Texas and Pearland
Lumber Company of Pearland, Texas who submitted bids meeting our specifications
as per the attached bid tabulation.
The contract term will be from May 1, 2021 to May 2, 2022.
Further, that the County Judge be authorized to sign any and all documents
necessary to execute said agreements on behalf of the County.
21-50 SUMMARY
Seven hundred and twenty-four (724) vendors were notified of our solicitation which
was posted in our Bonfire electronic procurement portal as well as advertised in The
Facts and the Electronic State Business Daily (ESBD) website. There were forty-seven
(47) document takers resulting in seven (7) submissions.
At the recommendation of the Purchasing Department, award "ITB #21-50 Hardware
Supplies 86 Materials" to Girouard's Inc. of Freeport, Texas; MSC Industrial Supply
Company of Fort Worth, Texas; Moore Supply of Clute, Texas; O'Day Rental 86 Supply
of Pearland, Texas; SARS Solutions Inc., dba Lake Hardware 86 Lumber Company of
Angleton, Texas; Malor 86 Company, Inc. of New York, New York; McCoy Corporation of
San Marcos, Texas and Pearland Lumber Company of Pearland, Texas who submitted
bids meeting our specifications as per the attached bid tabulation.
4/29/2021 Award ITB #21-50 Hardware Supplies and Materials - BrazoriaCounty, TX
BrazoriaCounty
TX
Court Order
Award ITB #21-50 Hardware Supplies and Materials
Information
Department: Purchasing
Category: Award
Attachments
Printout
21-50 Summary
21-50 Bid Tabulation
21-50 Bonfire Invites
Sponsors:
Body
Approval to award "ITB #21-50 Hardware Supplies and Materials" to Girouard's, Inc. of Freeport,
Texas; MSC Industrial Supply Company of Fort Worth, Texas; Moore Supply of Clute, Texas; O'Day
Rental 86 Supply of Pearland, Texas; SARS Solutions, Inc., dba Lake Hardware 86 Lumber Company
of Angleton, Texas; Malor 86 Company, Inc. of New York, New York; McCoy Corporation of San
Marcos, Texas and Pearland Lumber Company of Pearland, Texas who submitted bids meeting our
specifications as per the attached bid tabulation.
The contract term will be from May 1, 2021 to May 2, 2022.
Further, that the County Judge be authorized to sign any and all documents necessary to
execute said agreements on behalf of the County.
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PURCHASING DEPARTMENT
Brazoria County Courthouse West Annex
451 N. Velasco St., Suite 100
Angleton, TX 77515
(979) 864-1825
May 4, 2021
O'Day Rental & Supply, Inc.
Attn: Suzanne Elliott
PO Box 149
Pearland, TX 77588
Via Email: Sales@odayhardware.com
Re: ITB# 21-50 Hardware Supplies and Materials
Dear Ms. Elliott:
SUSAN P. SERRANO, C.T.P.M., C.T.C.M.
Purchasing Director
Brazoria County is pleased to inform you that on April 27, 2021, Commissioners' Court awarded the above referenced project to your
company along with Girouard's, Inc. of Freeport, Texas; MSC Industrial Supply Company of Fort Worth, Texas; Moore Supply of
Clute, Texas; O'Day Rental & Supply of Pearland, Texas; SARS Solutions, Inc., dba Lake Hardware & Lumber Company of
Angleton, Texas; Malor & Company, Inc. of New York, New York; McCoy Corporation of San Marcos, Texas and Pearland Lumber
Company of Pearland, Texas as per the attached bid tabulation. The contract term shall be from May 1, 2021 to April 30, 2022.
A purchase order and/or notice to proceed will follow. Do not proceed with delivery of services or materials prior to receiving a
purchase order number from Brazoria Country.
Per the new requirements for submission of the Certificate of Interested Parties, vendors are required to log onto the Texas Ethics
Commission's website at https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm and fill out Form 1295. Once the form is
completed online, the system will issue a certificate number. Please print and sign the form and email it to Amy Krodel at
amyk@brazoria-county.com, along with the signed contract sheet.
The Texas Local Government Code Section 1, Subtitle F, Title 10, Chapter 2270 states that a governmental entity may not enter into a
contract with vendors under certain circumstances for goods or services unless the contract contains a written verification from the
vendor that it: 1) does not boycott Israel; and 2) will not boycott Israel during the term of the contract. Sign and return the attached
Verification Form, if applicable.
In addition, completion of the Conflict of Interest Questionnaire, Form CIQ, is required if applicable. Texas Local Government code
176 requires that any person who seeks to enter into a contract with a local government entity (including any agent of such person or
vendor) disclose in Form CIQ the vendor or person's employment affiliation, business relationship, family relationship or provision of
gifts that might cause a conflict of interest. You may access the form and further information on our website at
http://brazoriacountytx.gov/departments/purchasing under the Doing Business section; Conflict of Interest Reporting.
Thank you for your interest in Brazoria County. If you have any questions, please do not hesitate to contact me.
Ver truly yours,
Susan P. errano, C.T.P.M., C.T.C.M.
Brazoria County Purchasing Director
Enclosure(s)
Telephone (979) 864-1825 or (281) 756-1825 Fax (979) 864-1034
BRAZORIA COUNTY
CONTRACT SHEET
THE STATE OF TEXAS
COUNTY OF BRAZORIA I .
This memorandum of agreement made and entered into on theiU_,V day of
in the State of Texas (hereinafter designated County), acting h ei by Co
order of Brazoria County Commissioners' Court, and,J R'y, 4
designated Vendor / Contractor).
WITNESSETH:
, 2021, by and between Brazoria County
my Judge L. . "" S es Jr., by virtue of an
, (hereinafter
(company name)
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 #21-50 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
pal-fi
nature of Vendor
74V Vim %l LID I / D
Printed Name and Title
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2021-753585
Date Filed:
05/18/2021
Date Acknowledged:
5/18/2021
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
O'DAY RENTAL & SUPPLY INC.
PEARLAND, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
BRAZORIA COUNTY
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
21-50
Hardware Supplies and Material
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
ELLIOTT, SUZANNE
PEARLAND, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION /�
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My address is LI Le I 03l.%��
� 1 �
'� � , nil/
I declare under penalty
Executed in
of perjury
�T`�' 'J
(street)
that the foregoing is true and correct.
`ri— County, State of
(city) (state)
C) on the LEday
(zip
of
code) (country)
20Pt
_
(month) (year)
Signature f uthorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission
www.ethics.state.tx.us
Version V1.1.ceffd98a
VERIFICATION TO NOT BOYCOTT ISRAEL
Texas Government Code 2270.001
❑ We (Company namel are a sole proprietorship and therefore
exempt from the provisions as defined below.
❑ We (Company name) have fewer than 10 employees and
therefore exempt from the provisions as defined below.
If neither of the above boxes are checked, vendor shall verify the following for contracts of $100,000.00 and
above:
We, ; " �/ �1 ���' �1.�m an name , verify that we do not boycott Israel and will
not boycott Israel during the term of this contract under the provisions of Subtitle F, Title 10, Government Code
Chapter 2270:
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not
include an action made for ordinary business purposes; and
2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership,
joint venture, limited partnership, limited liability partnership, or any limited liability company, including a
wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or
business associations that exist to make a profit.
6- ik-WLI uNic
\ &look
DATE S[GNATUOF COMPANY REPRESENTATIVE
(/)-(WkW. aL101/
PRINTED NAME
WN2L
TITLE
BRAZORIA COUNTY COURTHOUSE
PURCHASING DEPARTMENT
111 E. LOCUST STREET, BLDG. A-29, SUITE 100
ANGLETON, TEXAS 77515
TEL: 979-864-1825 FAX: 979-864-1034
BRAZORIA COUNTY
INVITATION TO BID COVER SHEET
The INVITATION TO BID (ITB) and accompanying documents are for your convenience in submitting a bid for the referenced
products and/or services for BRAZORIA COUNTY.
Sealed Hard Copy or Electronic bids shall be received no later than:
FRIDAY, APRIL 9, 2021 at 11:00 A.M. LOCAL TIME
*BID OPENING WILL BE AVAILABLE VIA ZOOM. MEETING LINK IS AVAILABLE ON THE PROJECT
DETAILS PAGE IN BONFIRE UNDER "IMPORTANT EVENTS". BONFIRE LINK:
https://brazoriacounty.bonfirehub.com/portaPtab=login
IF SUBMITTING A SEALED HARD COPY, PLEASE MARK ENVELOPE:
"ITB #21-50 HARDWARE SUPPLIES AND MATERIALS"
IF SUBMITTING AN ELECTRONIC SEALED BID IN THE BONFIRE ELECTRONIC BIDDING PLATFORM
(PREFERRED METHOD): USE LINK https://brazoriacountv.bonfirehub.com/portal/?tab=login, CLICK THE HELP
BUTTON PROVIDED IN THE BONFIRE WEBSITE AS NEEDED.
IF SUBMITTING A HARD COPY SEALED OFFER:
DELIVER OFFER TO:
PHYSICAL ADDRESS FOR COURIERS & HAND DELIVERIES
SUSAN SERRANO, CTPM, CTCM
COUNTY PURCHASING DIRECTOR
BRAZORIA COUNTY PURCHASING
COURTHOUSE WEST ANNEX
451 N. VELASCO STREET, SUITE 100
ANGLETON, TEXAS 77515
**MAILING ADDRESS
(SEE NOTE BELOW)
**US Postal Service mailing address
The U.S. mail may not deliver to the physical address shown above. Respondents who prefer to use the U.S. mail may submit
their offers using the U.S. Postal Service mailing address shown below.
HOWEVER, packages delivered by the U.S. Postal Service to the Brazoria County mailing address are subject to delays that
may cause a response to be rejected due to missing a solicitation receipt deadline.
Responses delivered to the mailing address are routed through the County mailroom and may not reach the required location in
time for the bid / offer opening.
Respondents using the U.S. mail should take this possible delay into account when using the U.S. mail.
MAILING ADDRESS
SUSAN SERRANO, CTPM, CTCM
COUNTY PURCHASING DIRECTOR
BRAZORIA COUNTY COURTHOUSE PURCHASING DEPARTMENT
111 E. LOCUST, BLDG A-29, SUITE 100
ANGLETON, TEXAS 77515
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 1 of 29
BRAZORIA COUNTY is very conscious and extremely appreciative of the time and effort you have expended to submit an
offer. We would appreciate it if you would indicate on any "No Offer" response, any requirement of this ITB which may have
influenced your decision to "No Offer". If your response to this ITB is a "No Offer" response, please complete the Statement of
No Offer in this ITB package and submit.
Any prospective respondent desiring any explanation or interpretation of the solicitation must make a written request online
through Bonfire electronic platform or email the project facilitator as shown in Section "Questions Due Date (for Clarifications)",
which must be received by the Purchasing Department at least five (5) business days prior to the scheduled time for the offer
opening. Any information given to a prospective respondent concerning this solicitation will be furnished promptly to all other
known prospective respondents as a written amendment/addendum to the solicitation. Brazoria County reserves the right to
accept or reject any or all bids/offers as it deems in its best interest and to waive any formalities.
It is the Respondent's responsibility to verify the issuance of Addenda in regard to this Offer. All Addenda shall be
submitted to all known respondents and shall be posted on the Bonfire electronic bidding platform at
https://brazoriacounty.bonflrehub.com/portal/?tab=login. Brazoria County shall not be responsible for failed internet connections
or power interruptions.
All required Offer documents shown on the Table of Contents, including any Addenda Receipt Forms which may have been
issued, must be submitted in the Bonfire electronic bidding platform or a sealed envelope included in a hard copy submittal,
marked with the bidder's company name, the Offer name, number and due date.
SUSAN SERRANO, CTPM, CTCM
County Purchasing Director
Brazoria County Courthouse
111 E. Locust Street, Bldg. A-29, Suite 100
Angleton, Texas 77515
Published Dates:
Friday, March 26, 2021
Friday, April 2, 2021
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 2 of 29
BRAZORIA COUNTY
CONTRACT SHEET
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This memorandum of agreement made and entered into on the day of , 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 (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: 4444
• ITB #21-28 HARDWARE SUPPLIES AND MATERIALS
• Vendor's Response to the above listed bid and awarded pricing.
.-9
It is further agreed that this Contract shall not become binding or effec 'v iNsigned b 4..avties hereto and a purchase order
authorizing the items desired has been issued.
Executed at Angleton, Texas this day of .iit,6�/ Pk. 2021.
*•••••
‘)IL
OP:C
t410911/411%
County Judge Signature
By:
Printed Name
By:
Signature of Vendor
By:
Printed Name and Title
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 3 of 29
INVITATION TO BID
TABLE OF CONTENTS
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
All documents included in ITB #21-28 represent components which comprise this bid/offer package and subsequent awarded executed contract.
The documents shown in Exhibit A are required to be submitted in your bid/offer package. It is the respondent's responsibility to be thoroughly
familiar with all requirements and specifications. Be sure you understand the requirements before you return your bid/offer packet
The "Exhibit A - Required Documents" below are required to be uploaded into the Bonfire electronic procurement portal system or included
with your hard copy submittal in one (1) large sealed envelope or box with the Brazoria County Return Label affrxed.
EXHIBIT A — REQUIRED DOCUMENTS
FAILURE TO RETURN THE FOLLOWING FORMS MAY DEEM YOUR BID AS NON-
RESPONSIVE.
• 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
Attachments: The documents marked below are hereby attached and made a part of this package.
• EXHIBIT A — REQUIRED DOCUMENTS
• ATTACHMENT A — BID TABLE
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 4 of 29
BRAZORIA COUNTY
SPECIFICATIONS / SCOPE OF WORK
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
1.0 SPECIFICATIONS / SCOPE OF WORK
1.1
Brazoria County is requesting pricing for HARDWARE SUPPLIES AND MATERIALS as indicated on the
bid table spreadsheet in accordance with Texas Local Government Code 262.022, (5-a) which states, "Lowest
and best" means a bid or offer providing the best value considering associated direct and indirect costs,
including transport, maintenance, reliability, life cycle, warranties, and customer service after a sale. Brazoria
County may award based on best value to the County.
1.2 Brazoria County reserves the right to add or delete like items to contract as may be in the best interest of
Brazoria County. Any such added items shall be provided to Brazoria County at the same discount bid on
other similar products.
1.3 Brazoria County may make partial or complete awards to vendors whichever is in the best interest of the
County.
2.0 ADDITIONAL SPECIFICATIONS
2.1 Bidder/Respondent must stock a sufficient quantity and variety of hardware supplies and materials to
satisfy the needs of Brazoria County.
2.2 All percentage discounts shall be firm and shall not be subject to escalation for the term of this contract.
However, Brazoria County shall be eligible for any additional discounts, specials, promotions offered by
the vendor during the term of the contract.
2.3 Bidder/Respondent shall list categories and minimum percentage (%) off list/store retail. Sub categories
that have different discounts may be listed if applicable. Sub categories could be: lumber, roofing, drywall,
etc.
2.4 Bidder/Respondent may attach additional pages if required.
2.5 Bid does not include Power Tools.
2.6 Bidder/Respondent locations will need to be listed in Exhibit A Required Documents.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 5 of 29
BRAZORIA COUNTY
INSTRUCTIONS TO BIDDERS
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede
the other requirements where applicable.
1.0 THE CONTRACT:
The Contract consists of all documents included in this Invitation to Bid Number 21-50, as well as addenda issued prior
to execution of the Contract and modifications issued after execution of the Contract. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements,
either written or oral. The Contract may only be amended or modified under the terms of this Contract. Brazoria County
may make partial or complete awards to one or more vendors (if applicable) whichever is in the best interest of the County.
2.0 CONTRACT TERM
Award of Contract shall begin upon acceptance of Contract and shall continue for twelve (12) months.
Further, Brazoria County reserves the right to renew the Contract every twelve (12) months for four (4) renewal periods.
Such renewal shall be subject to the terms and conditions herein contained and shall be effective only if evidenced in
writing.
3.0 BID REQUIREMENTS
The ITB includes instructions to respondents, specifications and contract documents. It is the responsibility of each
Respondent before submitting a bid to examine the contract documents thoroughly.
ITB SUBMISSIONS MAY BE PROVIDED IN ONE OF TWO WAYS, AS EXPLAINED BELOW:
If submitting an ITB Electronic Document Submission (using the Bonfire electronic platform)
Respondent shall fill out and upload the "Exhibit A Required Forms" into the Bonfire electronic platform. An authorized
representative of the company MUST sign all required forms. See "Exhibit A Required Forms" for instructions on signing
electronically.
If submitting an ITB Hard Copy Document Submission
One (1) original hard copy shall be submitted, which will consist of "Exhibit A Required Forms".
The hard copy submission shall be sealed in an envelope or box for delivery to the Brazoria County Purchasing Director
per instructions herein. All documents included in the response and the outside of the envelope and/or box must be labeled
with the vendor name and the ITB number.
4.0 ADDITIONAL INFORMATION
4.1 Purchase Orders:
4.1.1 Brazoria County will purchase one (1) or more products as specified on an as needed basis.
4.1.2 There shall be no minimum order or shipment requirements of any kind. Brazoria County may order and be
shipped one (1) or more items on an as needed basis.
4.1.3 Awarded vendor shall process all orders, received by Brazoria County, either verbal or faxed, within twenty-
four (24) hours of receipt. If order cannot be processed within such time -frame, vendor must notify the
purchaser and/or Purchasing Department upon receipt of purchase order. If an emergency situation is
involved such as a hurricane, Brazoria County may require a faster turnaround time.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 6 of 29
4.1.4 Brazoria County Purchasing Department may issue Purchase Order for each County office. The Purchase
Order will contain the bill to information for that department.
4.1.5 The awarded vendor must receive a proper Purchase Order Number from Brazoria County.
4.2 Invoices
4.2.1 Invoices shall be mailed to the address on the Purchase Order.
4.2.2 All invoices must reference the appropriate Purchase Order number.
4.2.3 Invoices may include additional detailed information such as an itemized listing of the items ordered to include,
but not be limited to the following:
4.2.3.1 Complete item description
4.2.3.2 Catalog and/or manufacturer order number
4.2.3.3 Unit of measure for item including packaging
4.2.3.4 Quantity of items ordered
4.2.3.5 Price per item
4.2.3.6 Extended price per line
4.2.3.7 Total of items ordered
4.3 Percentage Off:
4.3.1 All percentages off shall be firm and shall not be subject to escalation for the term of this contract except as
specifically stated herein.
4.3.2 Brazoria County shall be eligible for any additional discounts, specials and/or promotions offered by the
vendor during the term of the contract should those discounts, specials and/or promotions offer a lower cost
to the County.
4.3.3 Brazoria County reserves the right to negotiate discounts with the awarded vendor for new items offered and
for discount modifications to reflect changes in high volume purchases.
4.4 Deliveries:
4.4.1 Bidder must provide, without charge, INSIDE DELIVERY, to County Offices located throughout Brazoria
County. All items shall be delivered F.O.B. Destination, Full Freight Allowed.
4.4.2 All deliveries must be made and completed within three (3) to five (5) calendar days, between the hours of
8:00 a.m. and 3:30 p.m., Monday through Friday. Note: Some County offices may be closed on different
days, Brazoria County will supply such information to vendor upon award as requested or on purchase order.
Vendor must provide delivery the following business day in the event a County office is closed when delivery
is scheduled and/or attempted.
4.4.3 Delivery locations shall be any Brazoria County office located throughout Brazoria County.
4.4.4 Delivery location address shall be provided on Brazoria County purchase orders.
4.4.5 In the event of immediate need, Brazoria County may request vendor to provide item(s) same day or next day
at no additional charge. Should such item(s) not be available in requested timeframe, Brazoria County reserves
the right to purchase said item(s) on the open market. Such action shall not invalidate in whole or in part this
contract.
4.5 Returns:
4.5.1 Awarded vendor shall promptly pickup / accept any return for items incorrectly shipped, ordered and/or
damaged, with no restocking fee, within a forty-eight (48) hour period.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 7 of 29
4.5.2 Any replacement items shall be shipped / delivered next day.
4.5.3 There shall be no charge to Brazoria County for returned items and invoices shall be promptly corrected or
credited.
5.0 QUANTITIES
Quantities are provided for information purposes. Brazoria County makes no guarantee of actual contract expenditure.
6.0 START UP TIME
After Notice of Award, awarded Vendor may be given a maximum of fifteen (15) days to become acclimated with County
facilities and procedures prior to startup of services and delivery to the County.
7.0 INSURANCE
Contractor shall furnish certificates of insurance to County evidencing compliance with the insurance requirements hereof
for the duration of the project. Certificates shall indicate name of Contractor, name of insurance company, policy number,
term of coverage and limits of coverage.
Insurance shall be placed with insurers having an A.M. Best's rating of no less than A. Such insurance must be issued by
a casualty company authorized to do business in the State of Texas, and in standard form approved by the Board of
Insurance Commissioners of the State of Texas, with coverage provisions insuring the public from loss or damage that
may arise to any person or property by reason of services rendered by Contractor.
Insurance required herein shall be maintained in full force and effect during the life of this contract and shall be issued on
an occurrence basis. Contractor shall require that any and all subcontractors that are not protected under the Contractor's
own insurance policies take and maintain insurance of the same nature and in the same amounts as required of Contractor
and provide written proof of such insurance to Contractor. Proof of renewed/replacement coverage shall be provided upon
expiration, termination, or cancellation of any policy. Contractor shall not allow any subcontractor to commence work on
the subcontract until such insurance required for the subcontractor has been obtained and approved.
In the event that the insurance is renewed during the duration of the contract, Contractor shall furnish certificate of
insurance to the County evidencing renewal of policy within 30 days of renewal.
Contractor shall provide County with at least 30 days prior written notice of any reduction in the limit of liability by
endorsement of the policy, cancellation or non -renewal of the insurance coverage required under this Agreement.
Certificates of Insurance, fully executed by a licensed representative of the insurance company written or countersigned
by an authorized Texas state agency, shall be filed with the County Purchasing Agent within ten (10) business days of
issuance of notification from the County Purchasing Agent to Bidder that the contract is being activated as written proof
of such insurance and further provided that Bidder shall not commence work under this contract until it has obtained all
insurance required herein and provided written proof as required herein.
WAIVER OF SUBROGATION:
All policies of insurance shall waive all rights of subrogation against Brazoria County, its officers, employees and agents.
ADDITIONALLY INSURED:
Further, on vendor's certificate of insurance supplied to Brazoria County, Brazoria County shall be listed as additionally
insured with the exception of workers compensation insurance.
8.0 DISCLOSURE OF CERTAIN RELATIONSHIP
Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract
with a local governmental entity (including any agent of such person or vendor) disclose in the Questionnaire Form CIQ
the vendor or person's employment, affiliation, business relationship, family relationship or provision of gifts that might
cause a conflict of interest with a local governmental entity.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 8 of 29
By law, this questionnaire must be completed and filed with the records administrator of Brazoria County no later than
the seventh business day after the date the person engages or communicates with Brazoria County or becomes aware of
facts that require the completion of the questionnaire pursuant to Texas Local Government Code section 176.006.
A person commits an offense if the person knowingly violates Texas Local Government Code section 176.006. An offense
under this section is a Class C misdemeanor.
A copy of House Bill 23 which amended the Texas Local Government Code Chapter 176 is available
at: http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/HB00023F.HTM
Texas Local Government Code Chapter 176 can be found
here: http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm
Questionnaire Form CIQ is included in this bid/offer
By submitting a response to this request, the vendor or person represents compliance with the requirements of Texas Local
Government Code chapter 176. If required, completed forms should be sent with your bid submittal, as well as to:
Brazoria County Courthouse
County Clerk's Office
111 E. Locust Street, Suite 200
Angleton, TX 77515
9.0 CERTIFICATE OF INTERESTED PARTIES
Effective January 1, 2016, all contracts and contract amendments, extensions, or renewals executed by the Commissioners
Court will require the completion of Form 1295 "Certificate of Interested Parties" pursuant to Government Code §
2252.908. Form 1295 must be completed by awarded vendor at time of signed contract submittal.
Form 1295 and definitions are included in this bid/offer for your information
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 Brazoria County Purchasing website at
http ://brazoriacountytx.gov/departments/purchasing/doing-business.
10.0 QUESTIONS DUE DATE (FOR CLARIFICATIONS)
Any prospective respondent desiring any explanation or interpretation of the proposal must make a written request which
must be received by the Purchasing Department at least five (5) business days prior to the scheduled time for the proposal
opening. The request must be addressed to Susan Cooman, Purchasing Department, at the address listed below or emailed
to bidclarifications@a,brazoria-county.com. Emails must include the project name and number in the subject field.
Brazoria County Purchasing Department
Attn: Susan Cooman
111 E. Locust Street, Bldg. A-29, Suite 100
Angleton, TX 77515
11.0 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB's)
Historically Underutilized Businesses (HUB's) are encouraged to participate in the bid/RFP processes. Although Brazoria
County does not certify HUB vendors, Brazoria County recognizes the certifications of other governmental entities. If you
are certified by a government entity, please upload the certificate with your response electronically in the Bonfire
electronic platform or include a hard copy of your certificate in your submittal.
12.0 SYSTEM FOR AWARD MANAGEMENT (SAM)
The System for Award Management (SAM) is the official registration required prior to bidding on a contract with any
federal government agency, including local governments who receive federal funds.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 9 of 29
Prior to award, Brazoria County will check www.sam.gov, the System for Award Management (SAM) to ensure that the
proposed vendor has not been debarred. Vendor shall provide their DUNS number to Brazoria County in order to check
www.sam.gov for debarment. If you do not have a DUNS number, you can request a DUNS number for free by visiting
http://fedgov.dnb.com/webform/. Brazoria County is unable to conduct business with vendors who have been debarred.
13.0 INCLEMENT WEATHER FOR HARD COPY SUBMITTALS:
In case of inclement weather or any other unforeseen event causing the County to close for business on the date of a
bid/proposal submission deadline, the bid closing will automatically be postponed until the next business day the County
is open.
If inclement weather conditions or any other unforeseen event causes delays in carrier service operations, the County may
issue an addendum to all known vendors interested in the project to extend the deadline. It will be the responsibility of
the vendor to notify the County of their interest in the project if these conditions are impacting their ability to turn in a
submission within the stated deadline. The County reserves the right to make the final judgment call to extend any
deadline.
14.0 AWARD LETTER
After the award has been made in Commissioner's Court, an award letter will be sent to the vendor with information on
how to submit any required documentation needed to finalize the award.
15.0 OTHER REQUIREMENTS (IF APPLICABLE TO FEDERAL)
I. Remedies
"If the bidder/vendor fails to comply with the terms and conditions of this Agreement, Brazoria County may take one or
more of the following actions, as appropriate to the circumstance:
(a) Temporarily withhold payments pending the bidder/vendor commencing in good -faith corrective action to cure the
deficiency;
(b) Permanently withhold payments; and/or
(c) Take any and all other remedies that may be legally available.
II. Access to Records and Record Retention
"Retention of Records. The contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this contract, except in the
event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to
maintain same until the FEMA or applicable Federal Administrator, Brazoria County, the Comptroller General of the
United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related to the litigation or settlement of claims."
Access to Records. The following access to records requirements apply to this contract:
1)The contractor agrees to provide Brazoria County, the FEMA or applicable Federal Administrator, Brazoria County,
the Comptroller General of the United States, or any of their authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions.
2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts
and transcriptions as reasonably needed.
3) The contractor agrees to provide the FEMA or applicable Federal Administrator, Brazoria County, the Comptroller
General of the United States, or any of their authorized representatives or their authorized representatives access to
construction or other work sites pertaining to the work being completed under this contract.
III. Debarment and Suspension
"Suspension and Debarment
(1) The contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its
affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R.
§ 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 10 of 29
requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a
material representation of fact relied upon by Brazoria County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Texas Department
of Emergency Management and Brazoria County, the Federal Government may pursue available remedies, including but
not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or
proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions."
IV. Procurement of Recovered Materials (Solid Waste Disposal Act):
1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials
that are EPA -designated items unless the product cannot be acquired
(i) Competitively within a timeframe providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
http://www3.epa.gov/epawaste/conserve/tools/cpg/index.htm
The list of EPA -designate items is available at
http: //www3. epa. gov/epawaste/conserve/tools/cpg/products/index.htm
V. DHS Seal, Logo and Flags
"The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials
without specific FEMA or Federal Administrator preapproval."
VI. Compliance with Federal Law, Regulations, and Executive Orders
"This is an acknowledgement that FEMA (or applicable Federal Administrator) financial assistance will be used to fund
the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA (or
applicable Federal Administrator) , policies, procedures, and directives."
VII. No Obligation by Federal Government
"The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -
Federal entity, contractor, or any other party pertaining to any matter resulting from the contract."
VIII. Program Fraud and False or Fraudulent Statements or Related Acts
"The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the contractor's actions pertaining to this contract."
IX: Termination for Cause and Convenience
Termination with Cause:
"Upon written notice to the Contractor of a defect or breach of this Agreement, Contractor has five (5) business days to
cure any defect(s) or breach(es) cited in said notice. If Contractor fails to cure the defect(s) or breach(es) within the five
(5) business days allowed, Brazoria County may terminate this Agreement. Nevertheless, Brazoria County reserves the
right to provide written notice to the Contractor that this Agreement shall continue if Contractor has in good -faith
commenced efforts to cure said defect(s) or breach(es) and Contractor agrees, in writing, to continue to act without undue
delay to cure said defect(s) or breach(es).
Termination Without Cause:
This contract may be terminated by either the County or the Contractor at any time, without cause, by providing the other
Party at least thirty (30) calendar days' prior written notice.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 11 of 29
X. Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The contractor agrees to report each violation to Brazoria County and understands and agrees that Brazoria County
will, in turn, report each violation as required to assure notification to the applicable federal program Administrator, and
the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in
part with Federal assistance provided by the applicable federal program Administrator.
XI. Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to Brazoria County and understands and agrees that Brazoria County
will, in turn, report each violation as required to assure notification to Brazoria County and the appropriate Environmental
Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in
part with Federal assistance provided by the applicable federal program Administrator."
XII. Byrd Anti -Lobbying Amendment
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to
the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, officer of employee of Congress,
or an employee of a member of Congress in connection with obtaining and Federal contract, grant, or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
XIII. Energy Efficiency
The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201)
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 12 of 29
BRAZORIA COUNTY
BID TABLE SUBMITTAL INSTRUCTIONS
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
Please follow the instructions found in Item 1.0 if you are submitting your bid electronically using Bonfire electronic
bidding platform
1.0 ONLINE OFFER SUBMISSION (PREFERRED METHOD OF SUBMISSION)
RESPONDENT'S ARE TO DOWNLOAD AND FILL OUT THE ONLINE BID TABLE FROM
BONFIRE AND THEN UPLOAD THE COMPLETED TABLE INTO BONFIRE TO BE INCLUDED
WITH THEIR ONLINE BID SUBMISSION.
Please follow the instructions found in Item 2.0 if you are submitting a sealed hard copy bid
2.0 HARD COPY BID SUBMISSION
RESPONDENT'S ARE TO INCLUDE WITH THEIR SEALED HARD COPY BID, A PRINTED COPY
OF ATTACHMENT A BID TABLE.
IN ADDITION, VENDORS ARE TO INCLUDE THE BID TABLE (IN EXCEL FORMAT) SAVED TO
A FLASH DRIVE OR CD.
GENERAL: Brazoria County reserves the right to accept or reject any or all bids and waive all technicalities.
All delivered items should be priced — FOB Destination Full Freight Allowed. Brazoria County will not pay
for any additional transportation and/or shipping charges.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 13 of 29
BRAZORIA COUNTY
STATEMENT OF NO OFFER
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
If Respondent is not submitting on the goods and/or services as stated in this ITB, please download and complete this form.
Mail the form.to:
Brazoria County Courthouse, Purchasing Department, 111 E. Locust, Bldg. A-29, Suite 100, Angleton, Texas 77515.
Or Fax to: 979-864-1034
Or email to: amyk@brazoria-county.com
*********************************************************************************************
NAME OF FIRM:
ADDRESS:
SIGNATURE:
TELEPHONE: DATE:
*********************************************************************************************
The above has declined to submit a response for the following reason(s) [please check all that apply]:
Specifications too "restrictive", i.e., goods offered by our company do not meet stated specifications.
Specifications unclear (please explain below).
We do not offer this commodity and/or service or an equivalent.
Insufficient time to respond to the ITB.
Our schedule would not permit us to perform.
Cannot meet insurance requirements.
Remarks:
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 14 of 29
BRAZORIA COUNTY
STANDARD TERMS AND CONDITIONS
1. FUNDING: Funds for payment have been provided through the Brazoria County budget approved by the Commissioners
Court for the current 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 Brazoria County fiscal year shall be subject to budget approval.
2. DELIVERY: Items ordered from this offer may require delivery to various locations throughout Brazoria County, as
specified in this offer or at time of order. All delivery and freight charges (F.O.B. Brazoria County designated location) are
to be included in the offer price except as noted herein.
3. AWARD OF CONTRACT: Brazoria County reserves the right to reject any or all offers, and to select any part or parts
thereof without accepting the entire offer. All solicitations may be compared with contracts available to the County through
other sources such as Interlocal Agreements and other appropriate sources. Brazoria County may purchase through the source
that provides the best value to the County. The successful Respondent will be notified of award as promptly as a thorough
analysis of offers will permit, and shall have ten (10) calendar days following date of notification of award in which to supply
payment and performance bonds and certificate of insurance as may be required herein.
3.1 Brazoria County hereby notifies Respondents that pursuant to Texas Local Government Code §262.0276
(effective September 1, 2003) Brazoria County is prohibited from entering into a contract or other transaction
which requires approval by the Commissioners Court with an individual, sole proprietorship, corporation, non-
profit corporation, partnership joint venture, limited corporation or other entity which is indebted to the County.
Further, that this Contract may be terminated and payment withheld if awarded Respondent becomes indebted
to the County during the term of the Contract.
4. EQUAL EMPLOYMENT: All contracts will be awarded by Brazoria County without consideration as to race, religion,
sex, national origin or disability of bidder. Successful bidders are required to adhere to the provisions of 42 USCA Sec.
12101 et seq., Americans with Disabilities Act.
5. CONTRACT: The Contract consists of the Instructions to Respondents, Specifications/Statement of Work, Standard Terms
& Conditions, all well as all other documents included in the Invitation to Bid Number 21-28 as stated in the Invitation to
Bid Package Checklist, and any drawings and other specifications, as well as addenda issued prior to execution of the
Contract, other documents listed in the Contract, and modifications issued after execution of the Contract. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations,
or agreements, either written or oral. No invoices will be paid prior to acceptance of Contract by Brazoria County. No
different or additional terms will become a part of this Contract, except as agreed upon by all parties hereto.
6. INTERLOCAL PARTICIPATION: It is hereby made a precondition of any offer for a Contract for supplies or services
and a part of these specifications, that the submission of any offer in response to this request constitutes a offer made under
the same conditions, for the same price, and for the same effective period as this offer, to any other governmental entity
having an interlocal agreement with Brazoria County.
6.1 It is further understood, that any other governmental entity that elects to use a Brazoria County semi-annual or
annual award will issue its own Contracts or purchase orders and will require separate billing.
7. DEFAULT OF RESPONDENT: If successful respondent defaults by failing to supply payment and performance bonds
and/or certificate of insurance within the ten (10) day period allotted, award shall pass to the next respondent who provides
the best value to Brazoria County upon the approval of Commissioners' Court.
7.1 Respondent, in submitting this offer, agrees that Brazoria County shall not be liable for damages in the event
that the County declares the respondent in default.
8. ADDENDA: Any interpretations, corrections or changes to these Contract documents and specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the Brazoria County Purchasing Director. Addenda will be
mailed to all that are known to have received a copy of the offer package and/or Contract. Respondents shall acknowledge
receipt of all addenda.
9. SALES TAX: Brazoria County is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 15 of 29
10. ETHICAL CONDUCT: The respondent shall not offer or accept gifts or anything of value, nor enter into any business
arrangement with any employee, official, or Director of Brazoria County. No public official shall have interest in this
Contract, in accordance with Texas Local Government Code Annotated Title 5, Subtitle C, Chapter 171.
10.1 The Respondent affirms that the only person or parties interested in this offer as principals are those named
herein, and that this offer is made without collusion with any other person, firm, or corporation.
11. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively
demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1) Have adequate financial resources, or the ability to obtain such resources as required;
2) Be able to comply with the required or proposed delivery schedule;
3) Have a satisfactory record of performance;
4) Have a satisfactory record of integrity and ethics;
5) Be otherwise qualified and eligible to receive an award.
11.1 Brazoria County may request representation and other information sufficient to determine bidder's ability to
meet these minimum standards listed above.
12. REFERENCES: During an analysis of all offers, Brazoria County may request Respondent to supply a list of three (3)
references to which like services or materials have been supplied by Respondent. If requested, references should include
name of firm, address, telephone number and name of representative.
13. INSURANCE: Prior to acceptance of contract by Brazoria County, the successful Respondent must furnish a Certificate of
Insurance from an approved insurance carrier for the coverage indicated.
14. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications contained as a part of this package as to any
detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the
best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this
statement.
15. INDEMNIFICATION: The successful Respondent (herein after referred to as Contractor), shall defend, indemnify, and
save harmless Brazoria County and all its officers, Directors, officials, agents, and employees from all suits, actions, or other
claims of any character, name, and description brought for or on account of any injuries or damages of any negligent act or
fault of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of
unacceptable materials in constructing the work; or because of any act of omission, neglect, or misconduct of said Contractor;
or because any claims or amount recovered from any infringements of patent, trademark, or copyright; or from any claims
or amounts arising recovered under the Worker's Compensation Act, or any other law, ordinance, order, or decree; or of any
Director, employee, subcontractor, or supplier in the execution of, or performance under, any Contract which may result
from award of bid/offer.
15.1 Further, Contractor indemnifies and will indemnify and save harmless Brazoria County from liability, claim
or demand on their part, their Directors, servants, customers, employees, subcontractors, or any employees or
agents of subcontractors, whether such liability, claim, or demand arise from event or casualty happening
within the job site itself or elsewhere. Contractor shall pay any judgment with costs which may be obtained
against Brazoria County growing out of such injury or damages.
15.2 Money due the Contractor under and by virtue of his Contract as may be considered necessary by the County
for such purpose may be retained for the use of the County, or in case no money is due, his surety may be held
until such suit or suits action or actions, claim or claims for injuries or damages as aforesaid shall have been
settled and suitable evidence to the effect furnished to the County, except that money due the Contractor will
not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public
liability and property damage insurance.
16. THIRD PARTY BENEFICIARY CLAUSE: It is specifically agreed between the parties executing the Contract that it is
not intended by any of the provisions of any part of the Contract to create with the public or any member thereof a third
party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of the Contract.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 16 of 29
17. PURCHASE ORDERS REQUIRED: All orders for materials or work must be authenticated by a purchase order issued
by the Brazoria County Purchasing Department. Invoices not bearing a purchase order number will not be paid.
18. TESTING: All materials being used in fulfillment of this Contract are subject to inspection or test at any time during their
preparation, delivery, or use. At the option of the County Purchasing Director, they may be sampled and tested in order to
determine compliance with the governing specifications. Materials not conforming to the requirements of these
specifications shall not be used in fulfillment of this Contract with Brazoria County. The County reserves the right to
immediately terminate any Contract found not to be in compliance with governing specifications as a result of testing by the
County.
19. WAGES: Contractor shall pay or cause to be paid, without cost or expense to Brazoria County, all Social Security,
Unemployment and Federal Income Withholding Taxes of all employees; and all such employees shall be paid wages and
benefits as required by Federal and/or State law. Contracts involving construction work or supply of materials in place shall
abide by the provisions of Article 5159d Texas Revised Civil Statutes Annotated.
20. TERMINATION OF CONTRACT:
Termination with Cause:
"Upon written notice to the Contractor of a defect or breach of this Agreement, Contractor has five (5) business days to cure
any defect(s) or breach(es) cited in said notice. If Contractor fails to cure the defect(s) or breach(es) within the five (5)
business days allowed, Brazoria County may terminate this Agreement. Nevertheless, Brazoria County reserves the right to
provide written notice to the Contractor that this Agreement shall continue if Contractor has in good -faith commenced efforts
to cure said defect(s) or breach(es) and Contractor agrees, in writing, to continue to act without undue delay to cure said
defect(s) or breach(es).
Termination Without Cause:
This contract may be terminated by either the County or the Contractor at any time, without cause, by providing the other
Party at least thirty (30) calendar days' prior written notice.
21. DELIVERY OF NOTICES: Any notice provided by this Contract (or required by law) to be given to the Contractor by
Brazoria County shall be conclusively deemed to have been given and received on the next day after such written notice has
been deposited in the mail in Angleton, Texas, by Registered or Certified mail with sufficient postage affixed thereto,
addressed to the Contractor at the address so provided; provided this shall not prevent the giving of actual notice in any other
manner.
22. DELIVERY TICKETS: Delivery tickets shall accompany each order shipped, and shall show Contractor's name and
address, delivery location, Brazoria County purchase order number and descriptive information as to item and quantity
delivered.
23. HAZARDOUS SUBSTANCES: State law requires that shipments of hazardous substances shall include MATERIAL
SAFETY DATA SHEETS (MSDS). MSDS must be supplied with the first order shipped under any contract, and at any
time MSDS is revised.
24. PAYMENT: Payment shall be made upon receipt and/or acceptance in accordance with the terms of this Contract by the
County of items(s) ordered, and receipt of a valid invoice in accordance with Texas Government Code chapter 2251.
Contractor is required to pay subcontractors within ten (10) days.
25. CONTRACTOR'S LIABILITY: The Contractor shall be responsible for all damage or injury to property of any character
during the execution of the work, resulting from any act, omission, neglect, or misconduct in his manner or method of
executing the work, including the Contractor's agents, employees, subcontractors, and any employees or agents of
subcontractors, or at any time due to defective work or materials, and said responsibility will not be released until the project
shall have been completed and accepted.
25.1 When or where any direct or indirect damage or injury is done to public or private property by or on account
of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -
execution thereof by the Contractor, including the Contractor's agents, employees, subcontractors, and any
employees or agents of subcontractors, he shall restore, at his own expense, such property to a condition similar
or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring
as he may be directed, or he shall make good such damage or injury in an acceptable manner
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 17 of 29
26. DEFECTIVE MATERIALS: Unless otherwise stated herein, items supplied under this Contract shall be subject to the
County's approval. Items found defective or not meeting specifications shall be picked up and replaced by the Contractor
at the next service day at no expense to the County. If item is not picked up within one (1) week after notification, the item
will become a donation to the County for disposition.
27. WARRANTY: Contractor shall warrant that all items and services shall conform to the proposed specifications, all
warranties as stated in the Uniform Commercial Code, and be free from all defects in material, workmanship and title.
Contractor and the County agree that both parties have all rights, duties, and remedies available as stated in the Uniform
Commercial Code. Further, Contractor shall provide additional warranty requirements as defined in the Scope of Work
attached. Respondents must provide all warranty terms and conditions in response package.
28. ASSIGNMENT: Contractor shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior
written consent of Brazoria County.
29. GOVERNING LAW: Contractor is advised that these requirements shall be fully governed by the laws of the State of
Texas and that Brazoria County may request and rely on advice, decisions and opinions of the Attorney General of Texas
and the County Attorney concerning any portion of these requirements. All disputes arising out of this agreement will be
resolved in Brazoria County, Texas.
All documents are subject to the Public Information Act requirements.
30. DRAWINGS: All drawings, plans, and specifications are hereby attached and made a part of this Contract.
31. RIGHT TO AUDIT: At any time during the term of this Contract and for a period of four (4) years thereafter, the State of
Texas, Brazoria County, and/or other federal, State and local agencies which may have jurisdiction over this contract and/or
purchase order, at reasonable times and at its expense reserve the right to audit successful bidder's records and books. If
needed for audit, original or independently certified copies of off -site records will be provided to auditors at successful
respondent's expense within two (2) weeks of written request.
32. BID BOND: If required by the County, all respondents must submit with bid, a Bid Bond for at least five percent (5%) of
the total bid price, if the bid exceeds $100,000 in Contract price or if the Contract includes construction of public work. Such
Bid Bond issued by a surety, acceptable to Brazoria County, authorized to do business in the State of Texas, is a guaranty
that the respondent will enter into a contract with Brazoria County (as outlined in the Instructions/Specifications/Statement
of Work and attachments) and that offer will furnish the requisite performance and payment bonds as may be required.
33. PERFORMANCE AND PAYMENT BONDS: (Public Works Contract or as Required by Commissioner's Court) In the
event the total accepted bid price exceeds $25,000 the successful respondent must provide to the office of the County
Purchasing Director, a payment bond, and if the price exceeds $100,000 the successful respondent must also provide a
performance bond, each in the amount of one hundred percent (100%) of the total contract sum within ten (10) calendar days
after receipt of notification of bid/proposal award.
Such bonds shall be executed by a corporate surety or corporate sureties in accordance with Article 7.19-1, Vernon's Texas
Insurance Code. Such corporate surety/sureties shall be duly authorized and admitted to do business in the State of Texas
and licensed in the State of Texas to issue fidelity and surety bonds with a Best Rating of "A" or better and have a bonding
capacity adequate for the prescribed amount. Brazoria County reserves the right to accept or reject any surety company
proposed by the respondent. In the event Brazoria County rejects the proposed surety company, the respondent will be
afforded five (5) additional days to submit the required bonds issued by a surety company acceptable to Brazoria County.
34. APPLICABLE LAW: All applicable laws and regulations of the State of Texas and ordinances and regulations of Brazoria
County shall apply.
35. COMPLIANCE WITH APPLICABLE LAWS: Respondent shall at all times observe and comply with all federal, state,
local and municipal ordinances, rules, regulations, relating to the provision of the services contracted to be provided by
respondent hereunder or which in any manner affect this Contract.
36. FORCE MAJEURE: Neither the County nor the successful respondent shall be deemed in violation of this Agreement if
either is prevented from performing its obligations hereunder for any reason beyond its control, including but not limited to,
acts of God, civil or military authority, acts of public enemy, war riots, rebellions, accidents, fires, explosions, earthquakes,
floods, or catastrophic failure of public transportation; provided however, that in the event of strikes or labor disputes, an
inability to procure raw materials, equipment, power or supplies, or the enactment of any law, order, proclamation,
regulation, ordinance, demand, or other requirement of any governmental agency or intergovernmental body, which
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 18 of 29
prevents, restricts, interferes or delays with the performance of this Contract, the party so affected, upon giving notice to the
other party, shall be excused from such performance to the extent of such prevention, restriction, delay or interference, so
long as the party so affected shall use reasonable efforts under the circumstance to avoid or remove such causes of
nonperformance, and shall continue performance hereunder with the utmost dispatch whenever such causes are removed.
37. SEVERABILITY: If any provision of this Contract is held to be unenforceable for any reason, the unenforceability thereof
shall not affect any other provision contained herein, and the remainder of the Contract shall remain in full force and effect,
and enforceable in accordance with its terms.
38. QUANTITIES: Brazoria County requests purchase prices for the items identified in this offer, and in accordance with the
specifications provided herein. The quantities provided are given as a guideline only for the purpose of offer preparation.
These quantities shall not be construed as the total number of purchases for the Contract. This estimated figure may increase
and/or decrease throughout the year. No guarantee is expressed or implied as to the total quantity of items to be purchased
under this Contract.
38.1 Brazoria County reserves the right to add or delete like or related items at any time during the term of this
Contract. The additions or deletions shall be incorporated into the contract in the form of an addendum.
Additional items shall be priced in accordance with this contract with appropriate discounts being applied.
39. PURCHASE FROM OTHER SOURCES: Brazoria County reserves the right to purchase goods and/or services specified
herein, or of equal or like kind, through contracts established by other governmental agencies or thorough separate
procurement actions due to the unique or special needs of Brazoria County. Further, the County reserves the right to obtain
such goods and/or services from others without penalty or prejudice to the County or the respondent and such action shall
not invalidate in whole or in part this Contract or any rights or remedies Brazoria County may have hereunder.
40. AGREEMENT TO NOT BOYCOTT ISRAEL: By agreeing to this Purchase Order [or if no formal agreement, by
providing the good(s) / services(s)] the vendor verifies it does not boycott Israel and will not boycott Israel, as defined by
Chapter 2270 of the Texas Government Code, during the term of this contract [during the time necessary to provide the
good(s) / services(s)].
41. TEXAS GOVERNMENT CODE 552, SUBCHAPTER J: Effective January 1, 2020, the requirements of Subchapter J,
Chapter 552, Texas Government Code, 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.
42. PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT
CERTIFICATION: By agreeing to this purchase order (or if no formal agreement, by providing goods/services) the vendor
represents and warrants that the equipment, systems, and/or services which it will provide to Brazoria County do not use
covered telecommunications equipment or services (as defined in Section 889 John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018)) as a substantial or essential
component of any system, or as critical technology of any system. Additionally the vendor represents and warrants that the
equipment, systems, and/or services it will provide are not prohibited from being procured using grant funds under section
889 of the FY 2019 NDAA.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 19 of 29
BRAZORIA COUNTY
SPECIAL REQUIREMENTS
BIDDER INSTRUCTIONS:
READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE
FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM.
The following requirements and specifications supersede other requirements where applicable.
General
All bids inclusive of pricing shall remain firm for acceptance for a minimum period of ninety (90) days from opening date unless
otherwise specified by Brazoria County.
Prices bid shall reflect the full Specifications/Statement of Work as defined per the ITB documents, inclusive of all associated
costs for insurance, taxes, overhead, profit and bonding, if required and so identified.
Bidder must include all incidental costs in his pricing. Brazoria County will not provide or allow for parking or travel
reimbursements for the bidder's employees. Bidder's offices, administration and/or place of business will not be on Brazoria
County premises and will be the bidder's responsibility. Only those costs shown on the Pricing/Delivery Sheet and confirmed
by a purchase order will be paid.
It is also understood that any and all persons who provide services under Contract to Brazoria County, resulting from this
Invitation to Bid, shall be and remain employees of the Contractor, not Brazoria County. It is understood and agreed that the
bidder is solely responsible for all services being provided and shall provide adequate insurance to cover against any and all
losses incurred by the bidder's employees and or equipment during the course of the Contract.
All correspondence relating to this ITB, from receipt to award shall be sent to the Brazoria County Purchasing Director.
No award or acquisition can be made until Commissioners' Court approves such action.
This Invitation to Bid in no manner obligates Brazoria County or any of its agencies to the eventual purchase of any goods and/or
service described, implied or which may be bid, until confirmed by a written Contract and purchase order. Progress toward this
end is solely at the discretion of Brazoria County and may be terminated at any time prior to the signing of a Contract.
Brazoria County will not be liable for any costs incurred by the bidder in preparing a response to this ITB. Brazoria County
makes no guarantee that any goods and/or services will be purchased as a result of this Invitation to Bid, and reserves the right
to reject any and all bids. All bids and their accompanying documentation will become the property of Brazoria County.
The bidder is expected to examine all documents, forms, specifications, and all instructions. Failure to do so will be at bidder's
risk.
ITB Electronic Document Completion (using Bonfire electronic platform)
Bidder shall fill out, electronically SIGN, and upload the document into the Bonfire electronic platform. An authorized
representative of the bidder MUST electronically sign the Bidder Acknowledgement Form. The Contract will be binding upon
award and when signed by the Brazoria County Judge and a purchase order authorizing the item(s) desired has been issued.
ALL ITBs are to be F.O.B. Destination, Net Thirty (30) Days.
ITB Hard Copy Document Completion
Bidder shall fill out, SIGN, and return to the Brazoria County Purchasing Department one (1) original of the complete ITB
document. Bidders are to include with their sealed hard copy bid, a printed copy of Attachment A bid table.
In addition, vendors are to include the bid table (in excel format) saved to a flash drive or CD.
An authorized representative of the bidder MUST sign the Contract Sheet upon award. The Contract will be binding only when
awarded in court and signed by the Brazoria County Judge and a purchase order authorizing the item(s) desired has been issued.
The use of liquid paper is NOT acceptable and may result in the disqualification of ITB. If an error is made, bidder MUST draw
a line through the error and initial each change.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 20 of 29
PLEASE NOTE: Unless otherwise specified, ALL ITBs are to be F.O.B. Destination, Net Thirty (30) Days
Exceptions
Bidder/Respondent Terms & Conditions are subject to the review and approval of Brazoria County. In the event of conflicting
Terms & Conditions, the terms and conditions contained in the solicitation package shall prevail. Bidder/Respondent must
clearly identify any conflict with terms & conditions by denoting them on the same page where the conflicting terms and
conditions appear.
Public Information Act
All responses to this solicitation are in their entirety, subject to the Public Information Act. Brazoria County will respond to
open records requests in accordance to law by providing all requested response information unless respondent (respondent) has
specifically identified, in the response package, any section or part respondent deems confidential and/or proprietary. Respondent
must note and identify such information on the page where such information appears in the same manner as other exceptions.
Late Bid - Electronic Submissions
Once the project closes in Bonfire, bidders are not able to upload a finalized submission electronically.
Late Bid — Hard Copy Submissions
Hard Copy bids received in the office of the County Purchasing Director after submission deadline will be considered void and
unacceptable. Brazoria County is not responsible for lateness or non -delivery of mail, carrier, etc., and the date/time stamp in
the office of the County Purchasing Director shall be the official time of receipt.
Altering Submissions - Electronic
If an error is made after your bid submission is finalized, click HERE for instructions. Bonfire allows for bidders to make
alterations or amendments and re -submit their submissions before the project closes.
Altering Submissions — Hard Copy
Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening
time must be initialed by the signer of the bid/offer, guaranteeing authenticity.
Substitutions to Bid
Brazoria County reserves the right to accept any and all or none of the substitutions deemed to be in the best interest of the
County.
Withdrawal of Bid/Offer
A bid/offer may not be withdrawn or canceled by the bidder without the permission of Brazoria County for a period of ninety
(90) days following the date designated for the receipt of bids/offers, and bidder so agrees upon submittal of their bid/offer.
Descriptions
Any reference to model and/or make/manufacturer used in bid/offer specifications or scope of work are descriptive, not
restrictive. It is used to indicate the type and quality desired. Bids/Offers on items of like quality will be considered. Bid must
provide hardware specifications where hardware is offered.
Terms of Payment
Terms of payment shall be Net Thirty (30) Days from receipt of acceptable invoice and/or acceptance of conforming goods,
whichever is later. However, alternate terms will be considered and may be bid. Invoices for installed equipment and software
will not be paid prior to complete acceptance by Brazoria County unless otherwise specified. If installation of equipment and
software is delayed, the County reserves the right (without extra expense or penalty) to delay a portion of the payment until
equipment is installed and functioning properly.
Contract Term
Award will be made to the lowest and best bid meeting specifications. Renewal shall be subject to approval by Brazoria County
Commissioners Court each period. Once renewal option is exhausted, the Contract must be re -bid.
Brazoria County retains the option to rebid at any time if in its best interest and is not automatically bound to renewal or rebid.
Pricing / Delivery
All items should be priced — FOB Destination Full Freight Allowed, inside delivery. Brazoria County will not pay for any
additional transportation and/or shipping charges.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 21 of 29
No charges may be billed to the County unless such costs were explicitly included in the bid/proposal. Bidder will incur any
costs not explicitly included in the bid/proposal and/or mutually agreed to in writing by the Brazoria County Purchasing
Department.
Reduction in Price: If during the life of the contract, the successful bidder's net prices to other customers for items awarded
herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended
to Brazoria County.
Price Increase: A price redetermination may be considered by Brazoria County only after six (6) months of the contract period
has elapsed, and request for same shall be substantiated in writing addressed to the County Purchasing Director, 111 E. Locust,
Bldg. A-29, Suite 100, Angleton, Texas 77515. Awarded vendor must provide supporting documentation (i.e., increase in
manufacturers direct cost, etc.) with request for price increase. The bidder's past history of honoring contracts at the bid/offer
price will be an important consideration in the determination of requested price increase. Brazoria County reserves the right to
accept or reject any/all of the price redeterminations as it deems to be in the best interest of the County. If rejected, either party
may terminate the contract in accordance with the provisions of TERMINATION OF CONTRACT as included herein.
Contract Obligations
This bid, submitted documents and any negotiations, when properly accepted by Brazoria County, shall constitute a Contract
equally binding between the successful bidder and Brazoria County. The selected bidder will be considered as the prime
Contractor and shall assume responsibility for the goods and/or services. Failure to meet obligations may result in the
cancellation of any Contracts.
The bidder's response may be incorporated into any Contract which results from this ITB, therefore, bidders are cautioned not
to make claims or statements which they are not prepared to commit to contractually. Failure by the bidder to meet such claims
will result in a requirement that the bidder provide resources necessary to meet submitted claims and/or breach of Contract.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 22 of 29
Title VI and Related Statues
Nondiscrimination Statement
Brazoria County, as a recipient of Federal financial assistance and under Title VI of the Civil Rights
Act of 1964 and related statutes, ensures that no person shall on the grounds of race, religion (where
the primary objective of the financial assistance is to provide employment per 42 U.S.S. § 2000d-3),
color, national origin, sex, age or disability be excluded from partic' +ati in, be denied the benefits
of, or otherwise be subjected to discrimination under any Depart -nt pi- grams or activities.
L.M. " A ' SEBE , JR.
COUNTY JUDGE
Titulo VI y Estatutos Relacionados
Declaration de No Discrimacion
Brazoria County, como bencliciario de la asistencia financiera federal y segun el Titulo VI de la Ley
de Derechos Civiles de 1964 y los estatutos rclacionados, asegura que ninguna persona sera excluida
por motivos de raga religion (donde el objetivo principal de la ayuda financiera es proporcionar
empleo por 42 USS § 2000d-3), color, origen nacional, sexo, cdad o discapacidad de participation
en, o negado los beneficios de. ni sera sujeto a discrimina.cic n baj❑ ningy rograma o las actividades
del Departamento.
L.M. "MATT" SEBESTA, JR.
COUNTY JUDGE
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 23 of 29
CERTIFICATE OF INTERESTED PARTIES FORM 1295
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
1 Name of business entity filing form, and the city, state and country of the business
entity's place of business.
A
2 Name of governmental entity or state agency that is a party to the contract for
which the form is being filed.
61ki(64
♦ 1
3 Provide the identification number used by the governmental entity or state agen
and provide a description of the servtces, goods, or other property to be pr vi nderth
ack or i y the contract.
ot.
a
City, State, Country6,e),
, i) o Interest (check applicable)
Name of Interested Party
(place of busine5
%7Qontrolling
Intermediary
\
r 4‘ 5 )11C1
(St 11\ 6
Z!..; ,e)
0
\may`
e
co
4
sc\sQ
Check only if tiQis NO In
•
Party.
6 UNSWORI e ATION
My n �// 0—, and my date of birth is
h1Y ad ss is ,
(street) (city) (state) (zip code) (country)
I declare un alty of perjury that the foregoing is true and correct.
Executed in ���..���•••//J//J County, State of an the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
ADD ADDITIONAL PAGES AS NECESSARY
Form provided by Texas Ethics Commission
www.ethics.state.tx.us
Revised 12/22/2017
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS
Page 24 of 29
TEXAS ETHICS COMMISSION RULES
CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES
§ 46.1. Application
(a) This chapter applies to section 2252.908 of the Government Code
(b) Section 2252.908 of the Government Code applies only to a contract of a governmental entity or state agency entered into after
December 31, 2015, that meets either of the following conditions:
(1) the contract requires an action or vote by the governing body of the entity or agency; or
(2) The value of the contract is at least $1 million.
(c) A contract does not require an action or vote by the governing body of a governmental entity or state agency if:
(1) the governing body has legal authority to delegate to its staff the authority to execute the contract
(2) The governing body has delegated to its staff the authority to execute the contract; and
(3) The governing body does not participate in the selection of the business entity with which the contract is entered into.
§ 46.3. Definitions
(a) "Contract" means a contract between a governmental entity or state agency and a business entity at the time it is voted on by the
governing body or at the time it binds the governmental entity or state agency, whichever is earlier, and includes an amended, extended,
or renewed contract.
(b) "Business entity" includes an entity through which business is conducted with a governmental entity or state agency, regardless of
whether the entity is a for -profit or nonprofit entity. The term does not include a governmental entity or state agency.
(c) "Controlling interest" means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage,
shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of
which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has
four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four
officers. Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.
(d) "Interested party" means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state
agency contracts; or (2) an intermediary.
(e) "Intermediary," for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the
contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:
(1) receives compensation from the business entity for the person's participation;
(2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the
contract; and
(3) is not an employee of the business entity or of an entity with a controlling interest in the business entity.
(f) "Signed" includes any symbol executed or adopted by a person with present intention to authenticate a writing, including an
electronic signature.
(g) "Value" of a contract is based on the amount of consideration received or to be received by the business entity from the governmental
entity or state agency under the contract.
§ 46.4. Changes to Contracts (new rule effective January 1, 2017)
(a) Section 2252.908 of the Government Code does not apply to a change made to an existing contract, including an amendment, change
order, or extension of a contract, except as provided by subsections (b) or (c) of this section.
(b) Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or
extension of a contract, if a disclosure of interested parties form was not filed for the existing contract; and either:
(1) the changed contract requires an action or vote by the governing body of the entity or agency;
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 25 of 29
or
(2) the value of the changed contract is at least $1 million.
(c) Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or
extension of a contract, if the business entity submitted a disclosure of interested parties form to the governmental entity or state agency that
is a party to the existing contract; and either:
(1) there is a change to the disclosure of interested parties; or
(2) the changed contract requires an action or vote by the governing body of the entity or agency;
or
(3) the value of the changed contract is at least $1 million greater than the value of the existing contract.
§ 46.5. Disclosure of Interested Parties Form
(a) A disclosure of interested parties form required by section 2252.908 of the Government Code must be filed on an electronic form prescribed
by the commission that contains the following:
(1) The name of the business entity filing the form and the city, state, and country of the business entity's place of business;
(2) The name of the governmental entity or state agency that is a party to the contract for which the form is being filed;
(3) The name of each interested parry and the city, state, and country of the place of business of each interested parry;
(4) The identification number used by the governmental entity or state agency to track or identify the contract for which
the form is being filed and a short description of the services, goods, or other property used by the governmental entity or
state agency provided under the contract; and
(5) An indication of whether each interested party has a controlling interest in the business entity, is an intermediary in the
contract for which the disclosure is being filed, or both.
(b) The certification of filing and the completed disclosure of interested parties form generated by the commission's electronic filing
application must be printed, signed by an authorized agent of the contracting business entity, and submitted to the governmental entity or
state agency that is the party to the contract for which the form is being filed.
(c) A governmental entity or state agency that receives a completed disclosure of interested parties form and certification of filing shall
notify the commission, in an electronic format prescribed by the commission, of the receipt of those documents not later than the 30th day
after the date the governmental entity or state agency receives the disclosure.
(d) The commission shall make each disclosure of interested parties form filed with the commission under section 2252.9080) of the
Government Code available to the public on the commission's Internet website not later than the seventh business day after the date the
commission receives the notice required under subsection (c) of this section.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 26 of 29
VERIFICATION TO NOT BOYCOTT ISRAEL
Texas Government Code 2270.001
❑ We
provisions as defined below.
❑ We
from the provisions as defined below.
(Company name) are a sole proprietorship and therefore exempt from the
(Company name) have fewer than ployees and therefore exempt
be) Ate,
Cw
If neither of the above boxes are checked, vendor shall verify the following htracts o
ti
We, (Company n �i _ ify that e dnot boycott Israel and will not boycott
Israel during the term of this contract under the provisions of bti ;' Ale 1 Q', ernment de•Chapter 2270:
V ('�
<4S
V-
•
000.00 and above:
Pursuant to Section 2270.001, Texas Government Code: �n `
1. "Boycott Israel" means refusing to deal w' , er maatingib activiti , or otherwise taking any action that
is intended to penalize, inflict economic ha r , or limit Vercial r' 1. specifically with Israel, or with a person
or entity doing business in Israel or in •li-contr jd territory, es not include an action made for ordinary
business purposes; and �+�+
1. "Company" means a for profit so . irietorshlanizat'o , `a'�?�ciation, corporation, partnership, joint venture,
limited partnership, limited liab artnershr any limit ility company, including a wholly owned subsidiary,
majority -owned subsidiary, eren compan}(zf►►fliate o entities or business associations that exist to make a
profit.
(
NO OS <S1
DATE SIGNATURE OF COMPANY REPRESENTATIVE
PRINTED NAME
TITLE
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 27 of 29
BRAZORIA COUNTY
INSURANCE REQUIREMENTS
The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede
the other requirements where applicable.
INSURANCE: Prior to acceptance of contract by Brazoria County, the successful bidder must furnish a Certificate of Insurance
together with a receipt showing the time period for which premium has been paid, from an approved insurance carrier for the
coverage indicated below.
A. THE FOLLOWING COVERAGES ARE REQUIRED:
1. Statutory workers compensation in accordance with the State of Texas requirements.
2. Comprehensive general liability including owners and contractors protective liability insurance for bodily
injury, death, or property damages in the following amounts:
COVERAGE
a. Premises and
product liability
b. Aggregate policy
limits
PER PERSON
$1,000,000
$1,000,000
PER OCCURRENCE
$1,000,000
3. Comprehensive automobile and truck liability insurance (covering owned, hired and non -owned vehicles):
COVERAGE
a. Bodily injury
(including death)
b. Property damage
PER PERSON PER OCCURRENCE
$1,000,000 $1,000,000
$1,000,000 $1,000,000
Insurance certificates and policy endorsements shall include agreements to hold Commissioners Court of Brazoria County and
Brazoria County, Texas harmless: i.e., shall include coverage for "Hold Harmless Agreement".
Failure to maintain insurance coverage as required herein shall be grounds for immediate termination of contract.
All policies must provide, by endorsement to the policy, that thirty (30) days prior written notice of cancellation or material
change in coverage be given to the Purchasing Director of Brazoria County. Such insurance when accepted by the County in
writing will become acceptable and shall remain unmodified until final acceptance of the work. Coverage provided must be on
an occurrence basis.
No policy submitted shall be subject to limitations, conditions, or restrictions deemed inconsistent with the intent of the insurance
requirements to be fulfilled by the successful bidder. The decision of Brazoria County thereon is final.
All policies shall be written through a company duly entered and authorized to transact that class of insurance in the State of
Texas.
Neither approval by Brazoria County of any insurance supplied by the successful bidder, nor a failure to disapprove that
insurance, shall relieve the successful bidder of full responsibility of liability, damages and accidents as set forth herein.
No additional payment shall be made for any insurance that the successful bidder may be required to carry.
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 28 of 29
BRAZORIA COUNTY
RETURN LABEL
USE THIS LABEL ONLY IF YOU ARE SUBMITTING A HARD
COPY BID
SEALED INVITATION TO BID (ITB)
ITB#:
OPENING DATE:
OPENING TIME:
ITB DESCRIPTION:
21-50
FRIDAY, APRIL 9, 2021
11:00 A.M. LOCAL TIME
HARDWARE SUPPLIES
AND MATERIALS
RETURN OFFER TO: PHYSICAL ADDRESS:
COUNTY PURCHASING DIRECTOR
BRAZORIA COUNTY PURCHASING
COURTHOUSE WEST ANNEX
451 N. VELASCO STREET, SUITE 100
ANGLETON, TEXAS 77515
DATED MATERIAL - DELIVER IMMEDIATELY
PLEASE CUT OUT AND AFFIX THE ITB LABEL ABOVE TO THE
OUTER MOST ENVELOPE OF YOUR RESPONSE TO HELP ENSURE
PROPER DELIVERY!
*****LATE ITB's CANNOT BE ACCEPTED*****
ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 29 of 29
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 (f 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 (f applicable)
• NON -COLLUSION AFFIDAVIT
• VENDOR REFERENCES
• VENDOR STORE LOCATIONS
• CONFLICT OF INTEREST QUESTIONNAIRE — FORM CIQ (f applicable)
• TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
ATTACHMENT A - BID TABLE WITH PRICING
VENDOR TO INSERT BID TABLE HERE
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.
LEGAL NAME OF CONTRACTING COMPANY
lb- D!S4).15"
LITLV
FEDERAL I.D. # (Company or Corporation) SOCIAL SECURITY # (Individual)
9Nbt- 1469--
TELEPHONE NUMBER FACSIMILE NUMBER
5.ttokHa Ewoir RE6IDEKIT
CONTACT PERSON TITLE
."(» "TE4LANO
COMPLETE MAILING ADDRESS CITY & ZIP CODE
L-D LP I Li 6200 Vf ar Pea f-C-AND /1)6 Ni r/t—g)
COMPLETE STREET ADDRESS CITY & STATE ZIP CODE
S��g ODAV4i4gi-bwiokcal4
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.
Edtsif
SIGNAT DATE
"Must be authorized to execute on behalf of company"
ali7.nKkg
Typewritten or Printed Name
D E4-r-
Title
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
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.
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 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)
1/ Is not excluded from doing business at the federal level.
VIs 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 O 1 Dm/ ?)et\r-r 6a4P,PLY TNit,
Signature of Company Official
Authorizing the Bid/Offer
Company Official
(Printed Name)
Official's Position
Effire Date ry-t_p_-.202,'
JN'Ja auTrr
RIDPKrt"
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/uthorizertifying Official
arlf4 NNE crff D ENT
Typed Name and Title
TE1411)1) al-PPLYafe
Applicant / Organization
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 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
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:
NP�
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
Status of Federal Action:
a. bid/offer/application
12}- b. initial award
c. post -award
Report Type:
Kitri t b.
initial filing
b. material change
Name and Address of Reporting Entity:
Prime Sub awardee
Tier , if Known:
Congressional District, if known:
If Reporting Entity in No. 4 is Sub awardee, Enter
Name and Address of Prime:
N I�
Congressional District, if known:
Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable: kl
Federal Action Number, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
11. Information requested through this form is
authorized by title 31 U.S.C. section 1352. This
disclosure of lobbying activities is a material
representation 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. This information will be reported 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 $100,000 for each such
failure.
9. Award Amount, if known:
b. Individuals Performing Services (including
address if different from No. 10a)
(last name, first name, MI):
Signature: %,
Print Name&
k
Title: f)Q-11/0arr
Telephon! +(j//I Date:144P'WU
Federal Use only
Authorized for Local Reproduction
Standard Form - LLL (Rev. 7-97)
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
VENDOR TO INSERT EXCEPTIONS TO
STANDARD TERMS & CONDITIONS & SPECIAL
REQUIREMENTS HERE (IF APPLICABLE)
Company does not have exceptions (If applicable, check here)
Or
Company does have exceptions (If applicable, check here and list
exceptions below for consideration. Brazoria County will review all exceptions
listed and will formally communicate as to if any exceptions are accepted by the
County. Ifexceptions are accepted by the County, they will be added in the form
of an addendum.)
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
SIGNED ADDENDA (IF APPLICABLE)
VENDOR TO INSERT SIGNED ADDENDA HERE
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
My Commission Expires:
NON -COLLUSION
AFFIDAVIT
THE STATE OF TEXAS
owNsaSulANNe LL)Orr
Before me, the undersigned authority, on this day personally appeared
u$Jt\J ELLD1T
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
OAP J '., i. tht
4
ractor"), 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.
Name
Title
SWORN TO AND SUBSCRIBED BEFORE ME by the said this w
21 M) to certifywhich witness myhand and seal of office.
NOTARY PUBLIC in and for
State of
Printed Name: \lAck NI\ et._ ��� �• � ��
lo (3 l i21
day of
ITB #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.
TuMA-siKia rry F AO-Leka°
Contact Name Company Name
Telephone
2) JPLJ'j4Sff\b ''1 � l�l�nl0 1.51) U)-
Contact Name Company Name
Telephone
3q 4-021, ON/ Zc) -/*-1M
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) L)Loi iN_oil-DrwAy ST ?RnWp,C'75)
2)
3)
4)
5)
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
CONFLICT OF INTEREST QUESTIONNAIRE FORM CM
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by N.B. 23, 84th Leg., 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 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(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 that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
OF'RCE USE ONLY
Date Received
11 Name of vendor who has a business relationship with
(ODfry m 17s1IppLy
'Ij
local governmental entity.
..)0..,
filed questionnaire. (The law requires that you file an updated
authority not later than the 7th business day after the date on which
was incomplete or inaccurate.)
M Check this box if you are filing an update to a previously
completed questionnaire with the appropriate filing
you became aware that the originally filed questionnaire
II Name of local government officer about whom the infor
on is being disclosed.
Name of Officer
Al Describe each employment or other business relationship
officer, as desctibed by Section 176.003(a)(2)(A). Also
Complete subparts A and 13 for each employment or business
CIO as necessary.
A. Is the local government officer or a family
other than investment income, from the vendor?
with the local government officer, or a family member of the
describe any family relationship with the local government officer.
relationshipdescribed. Attachaddition pages to this Form
member of the officer receiving or likely to receive taxable income,
taxable income, other than investment income, from or at the direction
member of the officer AND the taxable income is not received from the
1_1 Yes Li No
B. Is the vendor receiving or likely to receive
of the local government officer or a family
local governmental entity?
7 Yes ri No
M 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.
\J /ter
II
government officer or a family member of the officer one or more gifts
gifts described in Section 176.003(a-1).
r-i Check this box if the vendor has given the local
as described in Section 176.003(a)(2)(B), excluding
LI
Ali,./Lcyji
Sig ture of vor doing busin the governmental entity Date
Form provided by Texas EthiWCommission
www.ethics,state.tx.us
Revised 11/3012015
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://wvvw.statutes.legis.state.tx.usi
Docs/LG/htm/LG176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "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 § 176.003(a)(2)(A) 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 Government Code § 176.006(a) and (a-1)
(a) A vendor 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), excluding 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.ethicsstate.tx.us Revised 11/3012015
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS
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"
LtPtkl.kit 0.tj fr
Typewritten or Printed Name
DATE
izeS KJ) 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:
(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 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 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: "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 10th 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 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 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, eff. January 1, 2020.
ITB #21-50 HARDWARE SUPPLIES AND MATERIALS