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HomeMy WebLinkAboutContract 59389CSC No. 59389 FORT WORTH CITY OF FORT WORTH NON-EXCLUSIVE COOPERATIVE PURCHASE AGREEMENT This Non -Exclusive Cooperative Purchase Agreement ("Agreement") is entered into by and between HD Supply Facilities Maintenance, Ltd. fka Home Depot Pro Institutional ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. WHEREAS, through Mayor and City Council 23-0194, the City has awarded non-exclusive purchase agreements to multiple bidders for janitorial supplies on an as -needed basis in the City; NOW THEREFORE, the Non -Exclusive Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Non -Exclusive Cooperative Purchase Agreement; 2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Fresno Unified School District Contract Number 22-07 ("Fresno Agreement"); and 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Non -Exclusive Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on October 31, 2023 ("Initial Term"), Upon the expiration of this Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to two (2) consecutive one-year renewal periods (November 1 to October 31) (each, a "Renewal Term"), unless City or Contractor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or the applicable Renewal Term. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor. Notwithstanding anything to the contrary herein, this Agreement shall automatically terminate when the Fresno Agreement is terminated or expired. Vendor agrees that City shall, until the expiration of three (3) years after the termination of this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times, and limited to once per calendar year, any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance written notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered via overnight courier, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attomey's Office at same address To VENDOR: HD Supply Facilities Maintenance, Ltd, Craig J Hodges, VP Institutional Sales Address: 3400 Cumberland Boulevard SE Atlanta, GA 30339 With copy to: Attn: Legal Department at the same address Facsimile: NIA The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective party. CITY OF FORT WORTH: DAhq But�G�doff Bar Dana Burghdoff (Ma 15, 202310:24 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: May 15, 2023 APPROVAL RECOMMENDED: By: Name: Steve Cooke Title: Property Management Director � � � FoiRTe%yAdiO ATTEST: ° hp Ate¢ PPQ* *pa aaap nBXAg4` By: Name: Jannette Goodall Title: City Secretary HD Sup7ame: it s aintenance, Ltd. By: Ran Garver Title: Director of Compliance Date: MAY 0 3 2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. besuse-�a,Nci� By: Denise Garcia May 10, 2023 16:59 CDT) Name: Demise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: Q¢aa�2 G(Ji�a�ata, By: QQ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0194 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Home Depot Pro Institutional, Powered by HD Supply Cleaning Supplies, Equipment & Custodial Related Supplies RFP # 22-07 Exhibit 2 Discount by Category Category Sub Category Discount % Can Liners & Trash Bags All -Purpose Trash Bags & Liners 15% Can Liners & Trash Bags Hazardous Material Containment Bags 15% Can Liners & Trash Bags Special Use Bags & Liners 15% Chemicals Bathroom Cleaners 15% Chemicals Bleach 15% Chemicals Carpet & Upholstery Cleaners 15% Chemicals Chemical Proportioning Systems 15% Chemicals Commercial Chemicals & Testing Supplies 15% Chemicals Dishwashing Detergents & Additives 15% Chemicals Drain & Septic Treatments 15% Chemicals Floor Cleaners & Maintainers 15% Chemicals Glass Cleaners 15% Chemicals Laundry Detergents & Chemicals 15% Chemicals Surface Cleaners & Degreasers 15% Chemicals Surface Sanitizers & Disinfectants 15°% Chemicals Surface Seals & Treatments 15% Chemicals Surface Waxes & Polishes 15% Cleaning Tools & Supplies Brooms, Brushes & Dust Pans 15% Cleaning Tools & Supplies Buckets, Wringer & Pails 15% Cleaning Tools & Supplies Cleaning Carts & Caddies 15% Cleaning Tools & Supplies Dust Mops & Dusting Tools 15% Cleaning Tools & Supplies Pumps, Sprayers & Bottles 15% Cleaning Tools & Supplies Shop Towels, Cloths & Wipes 15% Cleaning Tools & Supplies Sponges & Scouring Pads 15% Cleaning Tools & Supplies Squeegees, Washers & Scrapers 15% Cleaning Tools & Supplies Wax & Finish Applicators & Accessories 15% Cleaning Tools & Supplies Wet Mops & Hardware 15% Dispensers & Restroom Equipment Dispenser Accessories & Parts 10% Dispensers & Restroom Equipment Odor Control Dispensers 10% Dispensers & Restroom Equipment Paper Product & Wiper Dispensers 10% Dispensers & Restroom Equipment Restroom Equipment 10% Dispensers & Restroom Equipment Restroom Equipment Accessories & Parts 10% Dispensers & Restroom Equipment Skin & Personal Care Dispensers 10% Equipment & Equipment Parts Automatic Floor Scrubbers 10% Equipment & Equipment Parts Blowers & Air Movers 10% Equipment & Equipment Parts Carpet & Upholstery Cleaning Equipment 10% Equipment & Equipment Parts Equipment Accessories & Replacement Parts 10% Equipment & Equipment Parts Floor Machine Pads & Bonnets 10% Equipment & Equipment Parts Floor Machines & Burnishers 10% Equipment & Equipment Parts Robotic/Autonomous Units 2% Equipment & Equipment Parts Rotary Brushes & Pad Drivers 10% Home Depot Pro Institutional, Powered by HD Supply Cleaning Supplies, Equipment & Custodial Related Supplies RFP # 22-07 Exhibit 2 Category Can Liners & Trash Bags Equipment & Equipment Parts Equipment & Equipment Parts Equipment & Equipment Parts Equipment & Equipment Parts Floor Matting Floor Matting Floor Matting Odor Control Odor Control Odor Control Paper Products Paper Products Paper Products Paper Products Paper Products Personal Protection Personal Protection Personal Protection Personal Protection Personal Protection Persona] Protection Personal Protection Personal Protection Personal Protection Personal Protection Personal Protection Skin & Personal Care Skin & Personal Care Skin & Personal Care Skin & Personal Care Skin & Personal Care Skin & Personal Care Skin & Personal Care Waste Containment & Disposal Waste Containment & Disposal Waste Containment & Disposal Waste Containment & Disposal Discount by Catesorv. Sub Category All -Purpose Trash Bags & Liners Specialty Cleaning Equipment Sweepers Vacuum Bags & Accessories Vacuums Entrance Mats Ergonomic & Safety Mats Renewable Tacky Mats Air Fresheners & Deodorizers Odor Neutralizers & Disinfectants Urinal & Toilet Deodorizers Facial Tissue Paper Towels Toilet Paper Toilet Seat Bands Toilet Seat Covers Emergency Eye Wash & Showers Ergonomic Supports Eye & Face Protection Fall Protection First Aid Gloves & Hand Protection Head Protection Hearing Protection Respiratory Protection Safety Clothing & Workwear Temperature Screening Devices Baby Diapers Feminine Care Products Feminine Care Receptacle Liners Hand Sanitizer Hand Soap & Cleansers Lotion & Cream Personal Cleaning & Baby Wipes Recycling Containers & Lids Smoking Management Waste Containers & Lids Waste Management Tools Discount % 15% 10% 10% 10% 10% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% 1S% 15% 15% 15% 15% 15% Exhibit B CLEANING SUPPLIES AND EQUIPMENT, AND CUSTODIAL RELATED PRODUCTS SERVICES AND SOLUTIONS AGREEMENT THIS AGREEMENT dated as of September 29, 2022 ("Effective Date"), is trade and entered into by and between the Fresno Unified School District ("DISTRICT"), and HD Supply Facilities Maintenance LTD flea Home Depot Pro Institutional ("PROVIDER"). RFP 22-07 Custodial Supplies. Equipment and Custodial Related Products Services and Solutions shall begin on November 1, 2022 through October 31, 2025 ("Service Date"), For the consideration stated below, DISTRICT and PROVIDER agree as follows: 1. The complete Agreement includes and incorporates by reference herein all of the "Contract Documents" including: the Agreement, Request for RFP number 22-07, Notice to Bidders, Bid Instructions, General Terms and Conditions, Service Requirements, Pricing Matrix, Non -collusion Declaration, No Prohibited Interest/Conflict of Interest Declaration, Debarment Suspension, IRAN Contracting Act of Certification, Certification Regarding Lobbying, Prime Point of Contact, References, and all modifications, addenda, bulletins, and amendments. 2. Custodial Supplies, Equipment and Custodial Related Products Services and Solutions shall be provided for the entire "Service Date" period in accordance with Agreement to the Fresno Unified School District for supplies distrietwide. The Agreement will be fora 3-year term. Pursuant to the provision of California Education Code Section 17596, school districts may execute contracts for materials and supplies up to three (3) years. 3. As full consideration for the faithful performance of the Agreement, DISTRICT shall pay to Provider, the prices offered in PROVIDER's Pricing Schedule submitted with its BID and set forth on the Agreement. Payment terms shall be Net 30 and invoiced monthly against issued purchase order(s) for custodial supplies satisfactorily provided. The Firm must invoice Fresno Unified School District, Contract Administrator, in order to initiate the payment process. All invoices shall indicate (a) the Bid No. and (b) the purchase order number and Should be emaiied to Invoicesfu4fresnounitied.ora. The DISTRICT will not approve for payment any fee which is not documented on the Firm's monthly statement and there is no support documentation on file with the DISTRICT. 4. For the first calendar year of the Contract, pricing will be fixed at the proposal pricing. Ninety (90) calendar days prior to the expiration of the fixed pricing term, the Firm may submit proposed pricing revisions for the following year, which will be subject to negotiation by Fresno Unified School DISTRICT at the DISTRICTS discretion. The Firm must provide adequate documentation to substantiate any request for price - increase. It addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Agencies competitive pricing which is lower than the not -to -exceed price set forth herein at any time during (lie Contract term and such lower pricing shall not be applied as a global price reduction under the Contract. 5. In the event any invoices do not match the monthly charge listed in the BID, the DISTRICT reserves the right to withhold any disputed amounts until the billing issues are corrected. 6. Contractor shall use commercially reasonable effotls to comply with the Federal Governments minimum wage requirement. 7. Board approved notification will be issued upon Fresno USD Board award. Purchase Order(s) issued against the RFP shall be proof of the District acceptance of Vendor's/Firm's offer to provide services to the District per the pricing, and subject to the RFP and Vendor'slFirm's offer to provide services in response to the RFP. In the event of a conflict between the RFP and Vendor's/Firm's offer to provide services in response to the RFP, the final agreed to RFP response shall prevail. 8. It is the intent of the DISTRICT to fully utilize the selected Firm for services fisted herein, however the DISTRICT reserves the right to engage services elsewhere to perform specific services due to negligence in performance at any given site or if Firm is unable to provide requested staff. Written notice will be provided to the Firm in an event, which would require exercising this article. 9. This Agreement may be terminated by either party upon giving ninety (90) calendar days advance written notice of ail intention to terminate to the other party. 10. The Supplier shall maintain insurance adequate to protect him from claims under Workers' Compensation Laws and from claims for damages for personal injury, including death and damage to property, which may be caused by bidder's operations under the contract. The proposer shall secure and maintain in force during the term of this agreement a comprehensive general liability and automobile policy utilizing an occurrence policy form, with combined single limits of One Million Dollars ($1,000,000.00 or ($1,000,000.00) per person, ($1,000,000.00) per accident, as well as an umbrella or excessive liability policy with a limit of Seven Million Dollars ($7,000,000), Property damage limits shall be $500,000 per loss. FRESNO UNIFIED SCHOOL DISTRICT, AND ITS EMPLOYEES AND AGENTS shall be included as an additional insured on the policies by separate, scheduled or blanket, eudorsement that shall be attached to file contract as proof of insurance. Insurance Accord shall state "All operations resullitzg firont it formally or formally quoled projecls ". Failure to furnish such evidence and insurance, if required, may be considered default by the bidder(s). 11. PROVIDER acknowledges that it is an independent contractor and not an employee, agent, or representative of DISTRICT. PROVIDER acknowledges that it shall be solely responsible for and shall indemnify and hold DISTRICT harmless from all matters relating to payment of PROVIDER'S employees, subcontractors and others, including compliance with Social Security, withholding and all other laws and regulations governing such matters. 12. Law. In the event of any conflict or ambiguity between these instructions and state or federal law or regulations, the latter shall prevail. Additionally, Supplier shall use commercially reasonable efforts to ensure that all equipment to be supplied or services to be performed under the proposal shall conform to all applicable requirements of local, state and federal law. 13. Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. PROVIDER shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to fingerprinting under Education Code section 45125.1, confidentiality of records, Education Code section 49406 and others. PROVIDER agrees that it shall comply with all legal requirements for the performance of duties under this Agreement and that failure to do so shall constitute material breach. 14. Nat -Discrimination, There shall be no unlawful discrimination in the contracting of persons under this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons. I5. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties also agree that, in the event of litigation, venue shall be in the proper state or federal court located in Fresno County, California. 16, Assignment of Contracts. The successful Firm sliall not assign or transfer by operation of law or otherwise any or all of its rights burdens, duties or obligations without the prior written consent of the DISTRICT, which consent shall not be unreasonably held, 17. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the DISTRICT and PROVIDER and their respective successors and assigns. 18. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or under unenforceable any other provision hereof. 19. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by the parties. 20. Entire Agreement The complete Agreement, as set forth in paragraph 1 herein above, constitutes the entire agreement of the parties. No other agreements, oral or written, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties. 2 1, Non -Exclusive Contract. Any resultant contract will be awarded with the understanding and agreement that it is lot, the sole convenience of the DISTRICT. The DISTRICT reserves the right to obtain like goods or services from another source when necessary. 22. Hold harmless Cause. The successful proposer agrees to indemnify, defend and save harmless Fresno Unified School DISTRICT, its governing board, related divisions and entities, officers, agents, and employees from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature which the DISTRICT, it's officers, agents, and employees may sustain or injure or which may be imposed upon them for injury to or death of persons, or damage to property to the extent caused by the negligent acts or willful misconduct by the bidder or bidder's agents, employees or subcontractor's performance under the terms of this contract, expecting liability arising out of the sole negligence of the DISTRICT. 23. Permits and Licenses. The successful proposer(s) and all of his employees or agents shall secure and maintain in force such licenses and permits as are required by law, in connection with the furnishing of materials, articles or services i}crein listed, All operations and materials shall be in accordance with law. 24. Changes to the Contract. The DISTRICT reserves the right to add or delete service and/or sites during the term of the contract. The submitted prices in this RFP will be used to adjust compensation during the contract period 25. Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective parties, and by their signatures to bind the respective parties to this Agreement. 26. To the extent permitted by law, Vendor shall not be liable to the District for any incidental, indirect, punitive, consequential damages such as loss of profits or delay damages, or for any claim that is properly brought only against a third -party manufacturer, or any amount exceeding two million dollars ($2,000,0000). All claims must be brought within one year of the accrual of the cause of action. 27. Seller is a reseller of Goods and, except for Goods Seller procures from its own or affiliate manufacturing/production sources (i.e., "Private Label" items), Seller does not provide any warranty for the Goods procured from third party rnanrifaettiiriitglproduction sources ("Third Party Sources"). For items provided hereunder from Third Party Sources, Seller shall pass through to Buyer any transferable manufacturer's standard warranties. EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, AS TO GOODS PROVIDED FROM THIRD PARTY SOURCES, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY SELLER. BUYER AND PERSONS CLAIMING THROUGH BUYER (COLLECTIVELY "CLAIMANT") SHALL SEEK RECOURSE ONLY FROM THE RELEVANT THIRD -PARTY SOURCE IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS, UNLESS RECOURSE AGAINST SELLER IS APPROPRIATE UNDER THE CIRCUMSTANCES (E.G., DUE TO HANDLING OR TRANSPORTATION OF SUCH GOODS). NOTWITHSTANDING THB FOREGOING, THIS SHALL BE THE EXCLUSIVE RECOURSE OF CLAIMANT FOR DEFECTIVE GOODS PROCURED FROM THIRD PARTY SOURCES. SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES REGARDING GOODS FROM THIRD PARTY SOURCES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SELLER ASSUMES NO RESPONSIBILITY WHATSOEVER FOR THE MISUSE, ALTERATION OR MODIFICATION OF GOODS. SELLER DOES NOT CERTIFY OR GUARANTEE THAT ANY GOODS COMPLY WITH ANY STATUTES, LAWS, CODES, ORDINANCES OR REGULATIONS. IN WITNESS W HEREOF the parties have executed this Agreement on the date first hercinabove written. FRESNO UNIFIED SCHOOL, DISTRICT By Robert G. Nelson, Ed.D., Superintendent Approved as to form NntualSep 7, N77 !]Ppi) Executive Director, Purchasing HD Supply Facilities Maintenance LTD ig �fa S�e� By AI Steele (5!p 2, 207] 15,20 EOTj Chief Commercial Officer FEDERAL FUNDING WILL NOT BE USED Fresno Unified Fresno Unified School District School District Contract Routing Form 4n4lpj�y oloa Gl"edl PotudlaV Conipleled independent contract agr•eenient must be attached ED Supply Facilities Maintenance,LTD fka 3400 Cumberland Blvd SE, Atlanta, GA 30339 Vendor Name Address (770) 261-5686 Alyssa Steele Phone Number Vendor. Callaef From: 11/1/2022 Through: 10/31/2025 Term (Duration) FUSD Contract Administrator Ann Loorz/ Marisa Thibodeaux Purchasing 559-457-3584 Nowe Site/Dept Telephone nuvrber l3trrlget(Farrd-Unit-Dept Activio-Object) Maintenance and Operations Annual Cost 1500000 (Estimated Amount) Fingerprint Requirements: All individuals providing Yes ❑ No [1 services inrder this contract are in conipJlauce ii4th the r•equirenrenls of the "Michelle Montoya"Act, asrequired then ell. Scope of Work Summary: Request for Proposal (RFP) 22-07, for district -wide cleaning supplies; and equipment and custodial related products, services and solutions. As the lead agency for this Omnia Partners RFP, the Fresno Unified School District will establish a nationwide master agreement that can be used by more than 50,000 public agencies. Omnia Partners is a nonprofit government purchasing cooperative that reduces the cost of goods and services for participating agencies by aggregating purchasing power nationwide. Lead public agencies competitively solicit contracts which Omnia Partners makes available to agencies and nonprofits nationwide. Please indicate where the wa•h will be performed; Work to be performed remotely in the St. Bate [tens is to appear on Board of Education Agenda; 09/28/22 J011 flits canlrrrct besu6ruttterl ty1/k Bnudled Confi-acts? No (CM11raCt$ Qf$1S,D00.00 OF ura•e) Reviewed & approved by Cabinet Level Officer: Signed Date Reviewed & approved by Risk Management, or Exec. Air. of Purchasing: hlllL< 41S« �,z... .....I Signed Date Please return signed contract to; Teri Prieto Purchasing Department Nacre Department Rovised 7126112 Fresno Unified Independent Contract J i 11„ L V Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 841h Log., Regular Session. OFFICEUSEONLY This questionnaire Is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 1176.006(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. Sea 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. J Name of vendor who has a business relationship with local governmental entity. N/A J Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which N/A you became aware that the originally filed questionnaire was incomplete or inaccurate.) A Name of local government officer about whom the information is being disclosed. NIA Name of Officer Aj Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? FlYes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F]Yes F-1 No NIA IJ 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 off leer or director, or holds an ownership interest of one percent or more. N/A J Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts N/A[::] as descrilad in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J G Ran Garver Director of ComDliance May 2, 2023 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ DOGS/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code iz 176.0010-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 torms 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.ethics.state.tx.us Revised 1/112021 CITY COUNCIL ,AGENDA Create New From This M&C DATE: 3/21/2023 REFERENCE **M&C 23- NO.: 0194 13PAMEND FY2023 LOG NAME: JANITORIAL SUPPLIES TD CITY CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL) Amend Mayor and Council Communication 22-0552 to Authorize the Execution of a Contract with HD Supply Facilities Maintenance, Ltd. for Janitorial Supplies Using Omnia Partners 22-07 for All City Departments RECOMMENDATION: Oticiaf site d the CIC/ of Fat l4arth, Texas FoRT - It is recommended that the City Council amend Mayor and Council Communication 22-0552 to authorize the execution of a contract with HD Supply Facilities Maintenance, Ltd. for janitorial supplies using OMNIA Partners 22-07 for all City Departments, DISCUSSION: On August 9, 2022, the City Council approved Mayor and Council Communication (M&C) 22-0552 authorizing agreements for janitorial supplies with various vendors for an aggregate amount up to $1,100,000.00 per year. City departments use these agreements to purchase needed janitorial supplies. Home Depot U.S.A, ]no dba Home Depot Pro was included in the original award; however, the City has not been able to use that agreement because the vendor is now operating under a different legal entity, HD Supply Facilities Maintenance, Ltd. (formally known as Home Depot Pro), that is not included on the authorized cooperative agreement. The Purchasing Division identified a different cooperative that includes the correct entity name. Accordingly, staff recommends approval of this M&C to add HD Supply Facilities Maintenance, Ltd. under the Omnia Partners 22-07 cooperative agreement in order to sustain the continuous need for janitorial supplies for all City departments. The agreement authorized through this M&C will replace the previous award to Home Depot U.S.A., Inc. through BuyBoard 649-21. Through the OMNIA Partners contract, HD Supply Facilities Maintenance, Ltd. offers discounted pricing across their entire product offerings, ranging from 2-151%. These discounts are applied automatically when attached to the OMNIA Partners contract to ensure compliance with the contract. These percentage discounts are extended throughout their entire janitorial catalogue, including both stocked and special -order SKUs, Current prices are also being held through October 31, 2023, providing the City a great advantage with the current market volatility. Approval of this M&C does not change any of the terms or the annual spending authority previously authorized through M&C 22-0552, it only adds an additional vendor to the eligible vendor list. A list of the awarded vendors is included below for informational purposes only. Vendor Cooperative Contract Amazon Services Inc Brady Industries of Texas LLC Empire Paper Company HD Supply Facilities Maintenance, Ltd ODP Business Solutions, LLC (through an assignment from Office Depot, Inc.) Omnia Partners R-TC-17006 Omnia Partners 202329-01 The Interlocal Purchasing System 200106 Omnia Partners 22-07 Omnia Partners R211302 Staples Contract and Commercial LLC Sourcewell 012320-SCC The maximum aggregate amount allowed under these agreements Citywide will be $1,100,000.00; however, the actual amount used will be based on department's need's and available budget. The agreement's initial term with HD Supply Facilities Maintenance, Ltd., will begin upon execution and expire on October 31, 2023. The agreements may be renewed for up to four additional one-year terms, as permitted by the terms of the underlying cooperative contracts. State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the items. Sourcowell, TIPS and Omnia Partners have been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. A MNdBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS. FISCAL 1NFORMATIONlCERT1FICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' Operating Funds to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQW TO Fund Department Account Project Program Activity Budget Reference # Amount j ID ID I Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Reginald Zeno (8517) Originating Department Head: Reginald Zeno (8517) Jo Ann Gunn (8525) Additional Information Contact: Taylor lean (7648) ATTACHMENTS SAMS HD Sunnlv Facilities Maintenance.ndf (CFW Internal)