HomeMy WebLinkAboutContract 61344FORT WORTH CSC No. 61344
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between DRC Fort Worth,
LLC., dba SERVEPRO of North Fort Worth ("Vendor") and the City of Fort Worth, ("City"), a Texas home
rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of
precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A — Pricing List;
3. Exhibit B — Cooperative Agency Contract Choice Partners 24/002TC-04; 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 Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of
the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable
rule, regulation or ordinance of City, the terms in this Cooperative Purchase Agreement shall control.
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 Hundred Thousand Dollars ($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 expires on Septemeber 19, 2024. The City shall be able to renew this agreement for three
(3) one-year renewal options by written agreement of the parties.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under 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 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 work space in order to conduct audits in compliance with
the provisions of this section. City shall give Vendor reasonable advance 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 by facsimile with electronic confirmation of the transmission, 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 DRC Fort Worth, LLC dba SERVPRO of North
Attn: Valerie Washington, Assistant City Manager Fort Worth
200 Texas Street
Fort Worth, TX 76102-6314 Address:
Facsimile: (817) 392-8654 10101 HICKS FIELD RD
FORT WORTH, TX 76179-6671 USA
With copy to Fort Worth City Attorney's Office at
same address Phone: 817-999-0238
The Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of
laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent
jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any
state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are
hereby deleted from the Agreement and shall have no force or effect.
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
By Valerie Washineton (ADr30.2024 13:42 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By:
Name: Roger Venables
Title: Aviation Director
ann
ATTEST:FORrNc9Ad
v_o o�d
Pv8 ^Sp
By:
Name: Jannette Goodall
Title: City Secretary
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.
By Er&4V / L . iz ovle L
Name: Erin Roden
Title: Sr. Contract Compliance Manager
APPROVED AS TO FORM AND LEGALITY:
e-
By: a),&
Name: Jessika J. Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
VENDOR:
DRC Fort Worth, LLC dba SERVPRO of North Fort
Worth C
By:
Name: Evan Simental
Title: President
Exhibit A - Pricing List
Pricing 202?
241002TC-04 - DRC Fort Worth LLC
Schedule A: Labor
Restoration Services (All subject to OT). See Page 9 for Prime Area Labor Conditions.
Category:
Prime Area Labor Rate:
Unit:
Project Coordinator
$160.00
Per Hour
Sr. Project Manager
$140.00
Per Hour
Project Manager
$130.00
Per Hour
Health & Safety Officer
$100.00
Per Hour
Remediation Supervisor
$110.00
Per Hour
Technical Specialist
$107.00
Per Hour
Assistant Project Manager
$105.00
Per Hour
Restoration Supervisor
$90.00
Per Hour
Content Inventory Supervisor
$79.50
Per Hour
Remediation Technician
$82.00
Per Hour
CDL Driver
$85.00
Per Hour
Restoration Technician
$75.00
Per Hour
Resource Coordinator/Supply Supervisor
$72.00
Per Hour
Skilled Labor
$70.00
Per Hour
Project Clerical Administrator
$60.00
Per Hour
General Labor
$52.75
Per Hour
Management Fee * (See Page 11)
$4.00
Per Hour
Project Consultant/Estimator ** (See Page 11)
$100.00
Per Hour
Reconstruction Services (All subject to OT). See Page 9 for Prime Area Labor Conditions.
Category:
Prime Area Labor Rate:
Unit:
Reconstruction Sr. Project Manager
$150.00
Per Hour
Welder
$135.00
Per Hour
Electrician
$139.75
Per Hour
Roofer
$167.50
Per Hour
HVAC Mechanical
$148.25
Per Hour
Plumber
$160.25
Per Hour
Reconstruction Superintendent
$105.00
Per Hour
Carpenter/Framer
$101.00
Per Hour
Drywaller/Finisher
$118.00
Per Hour
Brick Mason
$90.00
Per Hour
Tile/Flooring Installer
$87.50
Per Hour
Painter
$85.00
Per Hour
Equipment Operator
$90.00
Per Hour
Insulator
$67.00
Per Hour
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Pricing 2023 241002TC-04 - DRC Fort Worth LLC
Labor Conditions:
Labor Classifications and Rates — listed on Page 1 apply to personnel engaged to provide services. Whether regular full- time employees of
SERVPRO franchisees, temporary labor engaged directly by SERVPRO franchises or personnel secured through a labor service or vendor
source. We reserve the right to revise any of the rates herein upon written notice when the project is affected by market conditions beyond
our control and/or availability, during large national and region -wide extraordinary events, as declared by Servpro Industries. These include,
but are not limited to: epidemics, pandemics, storms, catastrophes, hurricanes, floods, earthquakes, wildfires and tornadoes.
Standard Rates — the rates on Page 1 are "standard rates" and apply during a standard 8-hour work day, Monday through
Friday. Donning and doffing PPE and any necessary personnel decontamination will be charged actual time.
Overtime Rates — will be billed for all labor classifications at the rate of 1.5 times the standard rate per hour for work performed on the same
project in excess of 40 hours per week, or 8 hours per day and on weekends, as required by applicable law. Hours worked by personnel on
the following holidays will be charged at 2 times the standard rate: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day. If a state or local authority imposes more stringent overtime
requirements, including holidays, those will apply. Other than performing Emergency Services, overtime must have adjuster approval.
Mobilization/Travel — time for all personnel including, without limitation, managers, crew, labor subcontractors and other subcontractors
will be billed portal to portal (office/warehouse to job site and return) at the rates set forth above. With a strong nationwide network, we
will attempt to mobilize qualified personnel and equipment as near to the loss site as we can. Client is also responsible for the mobilization
and return costs of vehicles, equipment and trailers over 75 miles one way.
Stand-by — When circumstances beyond our control require personnel and/or equipment to be delayed from beginning or continuing work,
the rates herein per hour will be charged for personnel and equipment, with a minimum of 6 hours for personnel, and all labor associated
fees will apply.
Prime Area Labor Rates — will be applied to projects within 75 miles from the center of the following areas: Chicago, Minneapolis, New York
City, Washington, D.C. and within the entire states of Alaska, California, Colorado, Hawaii, Oregon, Washington and U.S. Territories. Prime
Area Labor Rates may also apply during large national and region -wide extraordinary events, as declared by Servpro Industries. These
include, but are not limited to: epidemics, pandemics, storms, catastrophes, hurricanes, floods, earthquakes, wildfires and tornadoes. Where
labor availability is compromised and/or due to market conditions beyond our control. In the event where the above Prime Area Labor Rates
are applied. The client will be notified in writing immediately.
Prevailing and Union Wages — Labor is subject to prevailing wage, unionized labor and extraordinary local labor conditions. In such events,
General Labor will be charged at presented invoice plus 35% or standard labor rate, whichever is greater.
Small Tools Charge — of 3% applies to all labor of Supervisor and below that are assigned to the project full time and includes all listed items
on Page 8.
Subcontracted General Labor— includes outside labor services provided as needed for the scope of the project and will be charged at the
rates above, plus all other applicable labor billable items including, but not limited to, per diem, small tools, vehicles, mileage, lodging, as set
forth herein and as applicable to the project.
Specialty and Licensed Trades — include but are not limited to electrical, plumbing, mechanical, roofers, engineers, architects, and other
specialty trades, and will be charged at presented invoice plus 10% overhead and 10% profit.
Safety officers — shall be charged as needed for the project and upon notification to client.
Page 2 of 11
Pricing 2023 241002TC-04 - DRC Fort Worth LLC
Restoration Services Labor Descriptions:
Project Coordinator— coordinates activities and assignments of designated projects to ensure that goals and objectives specified for the
projects are accomplished. Job Responsibility Examples: Ensure Corporate Reporting (CLLD); Review Project Burn Reports; Review status of
jobs in progress; inspect all projects in progress; assist with project scope and estimate as necessary; meet with Adjuster/Consultant/Insured
to review progress and provide dispute resolution and job site inspections and all appropriate permits are in place, if applicable.
Sr. Project Manager— for extremely large projects requiring multiple Project Managers, a Senior Project Manager draws communication
responsibilities with the materially interested parties away from the PMs, so they can better focus on task completion and documentation of
their assigned project. Job Responsibility Examples: Job site inspection; prepare daily work orders; morning meeting with PM's; oversee
morning line-up; meeting with Project Clerical Administrator to review previous days paperwork and ensure insurance company receives
proper documentation; meeting with Insured/Adjuster/Consultant to review progress; troubleshoot issues as necessary; complete daily
checklist and job diary; review end of shift paperwork with APM for accuracy; daily meeting with PC; and ensures daily reporting to all
stakeholders.
Project Manager— directs all operations of a designated project and provides the primary single point of contact for all materially interested
parties. The PM is accountable for the project's execution and completion. Job Responsibility Examples: Jobsite inspection; prepare Daily
Work Orders; morning meeting with APM, HSO & RC; oversee morning line- up; meet with Project Clerical Administrator to review previous
day's paperwork and ensure insurance company receives proper documentation; meet with Insured/Adjuster/Consultant to review progress;
troubleshoot issues as necessary; complete Daily Checklist and Job Diary; review end -of -shift paperwork with APM for accuracy; daily
meeting with PC and ensures daily reporting to all stakeholders.
Health & Safety Officer— identifies, evaluates, and implements policy and procedures that affect health and safety aspects for all personnel
on the jobsite. Job Responsibility Examples: Morning meeting with PM; morning Safety Meeting at line-up; continuous site inspections for
safety infractions; ensure all safety boards are in place and satisfy all SERVPRO standards; incident reports as necessary; OSHA inspections as
necessary; job site safety training, as necessary.
Remediation Supervisor— supervises the General Laborers (GL) to maintain quality production but does not participate in the physical
completion of tasks, other than training and coaching the General Laborers performing the work.
Technical Specialist — handles specific specialty restoration services or tasks, such as thermal imaging or 3D geospatial scans of a structure
and is a technical advisor in specialty restoration services.
Assistant Project Manager— executes the production plan (based on work orders and the direction of the Project Manager) by coordinating
Restoration Supervisors (RS) and labor while assuring safety compliance and quality of production. Job Responsibility Examples: Job site
inspection with PM; morning meeting with Restoration Supervisors; issue Daily Work Orders; morning line-up; on -going quality inspections;
end -of -shift meeting with Restoration Supervisors; collect daily paperwork and review for accuracy; review end -of -shift paperwork with PM.
Restoration Supervisor — supervises all labor classifications to ensure quality production but does not participate in the physical completion
of tasks, other than training and coaching the those performing the work.
Content Inventory Supervisor— is responsible for tracking and documenting all aspects of the contents handling and processing on a project.
This supervisor will manage teams within the structure/project and audit documentation and reports and provide them on a daily basis for
the project file.
Page 3 of 11
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241002TC-04 - DRC Fort Worth LLC
Remediation Technician — performs skilled production tasks and has training to work in specialized environments which may require
additional PPE, safety gear. and communication techniques.
CDL Driver — is responsible for transportation involving vehicles that require CDL license.
Restoration Technician — performs skilled restoration tasks.
Resource Coordinator/Supply Supervisor— identifies, negotiates and secures needed resources including labor, equipment, and
subcontractors. Job Responsibility Examples: Morning meeting with PM; purchase subcontractor services as requested by PM; issue
purchase orders as requested by PM; oversee subcontractor services; general site services oversight; evening meeting to review daily
paperwork with PM.
Skilled Labor— has developed expertise through project experience such as boarding up structures, the building temporary walls, erecting
containment, and making precision cuts to building materials. This may also include the operation of specialty equipment (i.e. power tools,
forklifts, and specialty restoration equipment) and work performed at high risk or height and providing specialized content packing and
handling.
Project Clerical Administrator— collects, compiles and validates all documentation and financial information for the project. Job
Responsibility Examples: attending the morning meeting with PM to review previous day's paperwork; data entry for all paperwork into
Time and Materials Management (T&M) Software; reconcile invoices to tickets.
General Labor— perform labor tasks and are capable of using basic hand tools.
Management Fee — is charged for supervising and training labor provided by the customers employee pool. At times we are asked or
required to utilize the customers employees to utilize certain task and this fee is a per employee supervisor fee.
Project Consultant/Estimator— may be billed at the request or the invitation of a customer/client to provide consulting services, including
detailed estimates on third party projects.
Page 4 of 11
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241002TC-04 - DRC Fort Worth LLC
Materials
Consumables Description:
Rate:
Unit:
Concentrate:
Ready to
Use:
Cleaning/Disinfectant
All Surface Green Clean
$3.63
Gallon
•
All Surface Green Clean
$55.88
Gallon
•
Benefect Decon 30
$87.70
Gallon
•
Benefect Disinfectant
$99.19
Gallon
Benefect Disinfectant Wipes
$76.20
250 ct
•
BioBlast
$139.71
Gallon
•
BioBlast
$13.91
Gallon
•
Bright-N-Neutral Cleaner
$2.18
Gallon
•
Bright-N-Neutral Cleaner
$40.52
Gallon
•
Carpet and Upholstery Green Clean
$5.20
Gallon
•
Carpet and Upholstery Green Clean
$82.49
Gallon
•
CitraSolvent
$115.40
Gallon
•
Citrus Deodorizer, Water -Based
$6.17
Gallon
•
Citrus Deodorizer, Water -Based
$52.62
Gallon
•
Coil Cleaner
$21.77
Aerosol/Can
•
Concrobium ® Disinfectant
$70.16
Gallon
•
Defoamer
$66.89
Gallon
•
Duct Sealer
$95.20
Gallon
•
EASYDECON DF200
$208.05
Kit
•
EnviroShield'" Odor and Stain Blocker
$381.02
5 Gallon Pail
•
(Clear/White)
Extreme Laundry Detergent
$60.48
9 lb. pail
•
Extreme Laundry Detergent
$209.99
351b pail
•
Fire Star
$79.95
Gallon
•
Fire Star
$10.04
Gallon
•
Flame Stop
$99.55
Gallon
•
Furniture Polish
$18.26
Aerosol/Can
•
Glass Cleaner, Multi -Purpose
$8.95
Aerosol/Can
•
Glass Cleaner, Ready -To -Use
$23.35
Gallon
•
Glass Cleaner, Super Concentrate
$91.32
Gallon
•
Heavy Duty Degreaser
$3.75
Gallon
•
Heavy Duty Degreaser
$40.52
Gallon
•
Husky 815 HCD Disinfectant
$139.71
Gallon
•
Industrial Cleaner
$3.39
Gallon
•
Industrial Cleaner
$54.67
Gallon
•
Lemon Fresh Deodorizer
$3.39
Gallon
•
Lemon Fresh Deodorizer
$83.70
Gallon
•
Lemon Oil Polish
$70.64
Gallon
•
Liquid Emulsifier
$53.34
Gallon
•
Powdered Emulsifier
$82.49
Gallon
•
Pre -Spray & Traffic Lane Cleaner
$4.48
Gallon
•
Pre -Spray & Traffic Lane Cleaner
$71.49
Gallon
•
Page 5 of 11
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241002TC-04 - DRC Fort Worth LLC
Schedule B: Consumables
-111
Consumables Description:
Rate:
Unit:
Concentrate:
Ready to
Use:
Cleaning/Disinfectant (continued)
Rusticide
$35.56
Quart
•
SERVPRO Green
$27.58
Gallon
•
SERVPRO Green
$2.06
Gallon
•
SERVPRO Orange
$54.43
Gallon
•
SERVPRO Orange
$3.39
Gallon
•
SERVPRO Orange Plus
$73.79
Gallon
•
SERVPRO Orange Plus
$4.60
Gallon
•
ServprOXIDE
$65.92
Gallon
•
Shampoo Super Concentrate
$3.21
Gallon
•
Shampoo Super Concentrate
$80.68
Gallon
•
Smoke Deodorizer
$147.93
Gallon
•
Smoke Deodorizer
$4.72
Gallon
•
Solvent Additive
$110.07
Gallon
•
Solvent Additive
$6.89
Gallon
•
Sporicidin
$76.08
Gallon
•
Stainless Steel Cleaner
$16.21
Aerosol/Can
•
Stone and Porcelain Cleaner
$45.60
Gallon
•
Stone and Porcelain Cleaner
$2.90
Gallon
•
Tile & Grout Cleaner
$39.07
Gallon
•
Tile & Grout Cleaner
$2.42
Gallon
•
Ultra Content CleanER
$67.25
Gallon
•
Ultra Content CleanER
$4.23
Gallon
•
Ultrasonic Cleaning Agent
$58.67
Gallon
•
Ultrasonic Cleaning Agent
$3.63
Gallon
•
Upholstery/Drapery Solvent, Heatable
$74.15
Gallon
•
Vanquish (Cannot be used in California)
$63.38
Gallon
•
Vanquish (Cannot be used in California)
$1.21
Gallon
•
Wall and All Plus
$62.90
Gallon
•
Wall and All Plus
$3.99
Gallon
•
Wall and All Surface Cleaner
$54.19
Gallon
•
Wall Rinse
$56.85
Gallon
•
Window Green Clean
$25.16
Gallon
•
Wintergreen Deodorizer
$65.08
Gallon
•
Wintergreen Deodorizer
$4.54
Gallon
•
Schedule B: Consumable:
6
Consumables Description:
Rate:
Unit:
9
Containment
Eco Board Floor Protection 38" x 100' - Roll
$147.45
Each
Floor Protection 15" x 1,100' - Roll
$281.72
Each
Plastic Sheeting .31 mil - 12' x 400' - Roll
$59.94
Each
Plastic Sheeting 4 mil - 20' x 100' - Roll
$159.44
Each
Page 6 of 11
Pricing 2023 241002TC-04 - DRC Fort Worth LLC
Plastic Sheeting 6 mil - 20' x 100' - Roll
$269.73
Each
Plastic Sheeting 6 mil - Fire Retardant 20' x 100' - Roll
$396.80
Each
Plastic Sheeting Hangers - Blue
$611.39
Case
Contents
Box - Large
$6.59
Each
Box - Legal Size (1.2 cubic feet)
$7.19
Each
Box - Medium
$5.69
Each
Box - Small
$5.09
Each
Foam / Wood Blocks
$83.92
Box
Moving Blankets
$5.40
Each/Use
Packing Paper (26" x 24" - 140 ct - recycled)
$47.93
Box/50lb
Tacky Mats 37" x 26" PAD/30
$153.45
Each
Tarp (per square ft)
$0.66
Each
Wrap - Bubble 12" x 125"
$47.88
Roll
Wrap - Shrink 16" x 1500'
$35.96
Roll
Filters
Filter - Activated Carbon 500 cfm
Filter - Air Scrubber 500 cfm - HEPA
Filter - Air Scrubber 500 cfm - Secondary
Filter - Air Scrubber 500 cfm - Prefilter
Filter - Air Scrubber 1000 cfm - HEPA
Filter - Air Scrubber 1000 cfm - Prefilter
Filter - Air Scrubber 1000 cfm - Secondary
Filter - Air Scrubber 2000 cfm - HEPA
Filter - Air Scrubber 2000 cfm - Prefilter
Filter - Air Scrubber 2000 cfm - Secondary per 12 pack
Filter - Activated Carbon 2000 cfm
Filter - Back Pak Vacuum Kit
Filter - Desiccant Dehumidifier - 5000 cfm
Filter - Refrigerant Dehumidifier - 754
Filter - Upright Vacuum
Filter - Wet/Dry Vacuum, non-HEPA
Filter Material, Poly Rolled Medium
Vacuum Cleaner Bags
Vacuum Cleaner Bags - Back Pack HEPA
Vacuum Cleaner Bags - Canister HEPA
mables
Consumables Description:
$85.43
Each
$277.16
Each
$20.09
Each
$11.60
Each
$299.70
Each
$10.67
Each
$16.42
Each
$393.90
Each
$7.55
Each
$160.47
Each
$209.31
Each
$40.52
Each
$16.66
Each
$37.76
Each
$4.20
Each
$27.51
Each
$41.72
Box
$21.10
Pak/10
$43.16
Pak/10
$30.57
Pak/6
Rate: I Unit:
Miscellaneous/General
Carpet Protection Film 2' x 200'
$95.66
Each
Cleaning Rags
$7.13
Per lb.
Cleaning Towel
$12.71
Dozen
Cleaning Towel (Microfiber)
$53.95
Dozen
Cotton Mop Head
$19.18
Each
Dusting Cloth - Masslin treated
$63.90
50/Bag
Lay Flat (Roll - 250' x 14")
$143.86
Each
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241002TC-04
- DRC Fort Worth LLC
Lay Flat (Roll - 500' x 33")
$839.16
Each
Rayon Mop Head
$22.23
Each
Shoe Covers
$116.28
150/Case
Sponge Dry Clean
$227.77
48/Case
Trash Bags - Contractor 3 mil
$59.94
Box 50
Trash Bags - Environmental 6 mil
$59.94
Box 20
Wall Zippers (2 pack)
$36.56
Each
Zip Ties 14" - Industrial
$25.83
Pak/20
Zip Ties 36" - Industrial
$41.24
Pak/10
Zip Ties 48" - Industrial
$55.44
Pak/10
Safety
Gloves - Chemical Resistant
$98.78
Dozen
Gloves - Leather Safety/Work
Gloves - Nitrile/Latex
Hearing Protection
Respirator - Full or Half Mask
$115.08 Dozen
$41.96 Box/100
$29.37 20/box
$30.00 Each
Respirator - N 95
$7.50
Each
Respirator Cartridges - Ammonia
$29.50
Each
Respirator Cartridges - Organic
$27.50
Each
Safety Goggles (Chemical Splash)
$22.66
Each
Safety Glasses
$6.00
Each
Safety Vest/Hard Hat Combo
$5.00
Each
Tyvek (Bio-Shield Coveralls)
$23.98
Per Suit/Exchange
Tapes/Adhesives
Spray Adhesives
$28.25
Aerosol/Can
Tape - Caution 3" x 1000' HDX
$19.70
Roll
Tape - Duct - 2" x 60 yrds.
$13.19
Roll
Tape - HVAC 2" x 50 yrds.
$25.17
Roll
Tape - Painter (Blue) 2" x 60yrds.
$15.78
Roll
Tape - Poly/Box - 2" x 109 yrds. $9.75 Roll
Schedule C: Equipment
Equipment Description: Rate: Unit:
Air Mover/Compressor
Air Compressor - Portable $40.00 Each/Day
Air Mover
- Axial
Air Mover -
Carpet
Air Scrubber -
2000 cfm
Air Scrubber -
1000 cfm
$42.00 Each/Day
$30.00 Each/Day
$165.00 Each/Day
$128.00 Each/Day
Air Scrubber - 500 cfm
$90.00
Each/Day
Blast/Power Wash Units
Electrostatic Sprayer
$125.00
Each/Day
Fogger/Macromist
$60.00
Each/Day
Fogger/Thermal
$140.00
Each/Day
Media Blasting Machine
$475.00
Each/Day
Pressure Washer - Hot
$180.00
Each/Day
Cleaning/Vacuum Extraction
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Pricing 2023 241002TC-04 - DRC Fort Worth LLC
Canister HEPA Vac
$125.00
Each/Day
Insulation Vacuum
$357.50
Each/Day
Orbital Floor Machine
$46.75
Each/Day
Portable Carpet Machine
$357.50
Each/Day
Portable Dry Cleaning Machine
$357.50
Each/Day
Portable Extractor
$225.00
Each/Day
Portable Fuel Cells
$27.50
Each/Day
Pump - Sump (Gas)
$175.00
Each/Day
Pump - Trash (2" to 4")
$150.00
Each/Day
Truck Mount Carpet/Extraction Machine
$522.50
Each/Day
Rover Extraction Unit
$220.00
Each/Day
Ultrasonic Cleaning Machine
$412.50
Each/Day
Vacuum - Upright Vacuum Cleaner
$26.25
Each/Day
Vacuum - Back Pack, HEPA
$85.00
Each/Day
Vacuum - Wet/Dry
$55.00
Each/Day
Vapor Shark
$84.15
Each/Day
Drying Equipment
Camera - Infrared/Thermal Imaging
$150.00
Each/Day
Dehumidifier - Large Commercial (76 and over PPD)
$150.00
Each/Day
Dehumidifier - Medium Commercial (75 and under PPD)
$125.00
Each/Day
Desiccant - 1,000 cfm
$795.00
Each/Day
Desiccant - 3,000 cfm
$1,350.00
Each/Day
Desiccant - 5,000 cfm
$1,775.00
Each/Day
Desiccant - 7,500 cfm
$2,150.00
Each/Day
Desiccant - 10,000 cfm
$2,775.00
Each/Day
Desiccant - 15,000 cfm
$4,400.00
Each/Day
5000 cfm Desiccant Package Unit (**)
$2,860.00
Each/Day
Desiccant Door Kit - Total/one time charge
$350.00
Per Opening
Dry Force Injectidry (Wall Cavity)
$145.00
Each/Day
DX Unit - 1 Ton
$302.50
Each/Day
DX Unit - 10 Ton
$1,100.00
Each/Day
DX Unit - 25 Ton
$1,375.00
Each/Day
Flex Duct
$27.50
Each/Day
Temporary Heat: 150k-200k BTU
$825.00
Each/Day
Temporary Heat: 200k-300k BTU
$1,155.00
Each/Day
Temporary Heat: 300k-450k BTU
$1,375.00
Each/Day
Schedule C: Equipment
Equipment Description:
Rate:
Unit:
HVAC
HVAC Cleaning Package (**)
$616.00
Each/Day
Video Inspection
$300.00
Each/Day
Odor Control
Airless Sprayer $125.00 Each/Day
Hydroxyl $220.00 Each/Day
Ozone Generator - Activated Oxygen $132.00 Each/Day
Page 9 of 11
Pricing 2023 241002TC-04 - DRC Fort Worth LLC
Cable - 100 ft.
$38.50
Each/Day
Cable - 50 ft.
$30.25
Each/Day
Cable Ramps
$17.55
Each/Day
Generator Cable - 5 Band
$82.50
Each/Day
Generator - 20kW
$410.00
Each/Day
Generator - 36kW
$599.50
Each/Day
Generator - 50kW
$797.50
Each/Day
Generator - 100kW
$915.00
Each/Day
Generator -150kW
$1,100.00
Each/Day
Generator - 200kW
$1,300.00
Each/Day
Generator - 300kW
$1,550.00
Each/Day
Generator - 500kW
$2,600.00
Each/Day
Generator - 1,000kW
$5,500.00
Each/Day
Generator -Portable
$175.00
Each/Day
Power Distribution, 100-200 Amp
$143.00
Each/Day
Spider Box (With Cable)
$75.00
Each/Day
Safety/Site Services
DocuSketch'" or Matterport'" Imaging Cameras
$300.00
Each/Day
Demo Carts
$20.00
Each/Day
Floor Scraper - Electric
$125.00
Each/Day
Lighting - 100' String Lights
$25.00
Each/Day
Lighting - 50' String Lights
$16.00
Each/Day
Lighting - Demo Lights
$25.00
Each/Day
Lighting - Tower Mobile
$155.00
Each/Day
Lighting - Wobbles
$43.50
Each/Day
Lock-Out/Tag-Out Kit
$25.00
Each/Day
Personal Fall Protection (With Lanyard)
$12.00
Each/Day
Scaffolding, Bakers (Per Section)
$42.50
Each/Day
Trailers/Vehicles
Golf Cart/Gator
$50.00
Each/Day
Vehicle - Auto/Pick-up
$125.00
Each/Day
Vehicle - Box Truck
$175.00
Each/Day
Vehicle - Cargo/Passenger Van
$125.00
Each/Day
Vehicle - Mobile Command Center
$500.00
Each/Day
Vehicle - Onsite Recovery Trailer (53')
$300.00
Each/Day
Vehicle - Semi -Tractor
$350.00
Each/Day
Vehicle -Trailer
$125.00
Each/Day
Small Tools (See page 9)
Adjustable Extension Cords Mobile Office Equipment
Wrenches/Pliers (Laptops, Monitors, Printers,
Bar - Flat Pry Fire Extinguishers Scanners, Tablets, etc.)
Barrel Pumps
First Aid Kits
Smocks, Vests and T-
Shirts
Spray Bottles/Triggers
Squeegees
Page 10 of 11
Pricing 2023
241002TC-04 - DRC Fort Worth LLC
Blades (Replacements)
Bolt Cutters
Brooms
Brushes (All types)
Buckets (All types)
Bulbs (Replacements)
Cell Phones
Chains/Locks
Chain Saws
Chairs
Chalk/Chalk Line
Demo Tools
Dolly/Hand Truck
Drills/Drill Bit Set
Electric Heaters < 15kw
Flash Lights
Fuel Cans
Funnels
Gang Boxes
Generator Aux. Adapter
GFI Scraper
Hammers
Hand Sanitizer
Hog Rings
Ice Chests
Inventory Tags
Ladders (All sizes)
Laundry cost for reuse of rags
will be paid at cost plus 10%.
Moisture Meters
Mop Buckets, Handles and
Wringers
02 Meters
Pallet Jacks (All types)
Power Hand Tools
Pump Sprayers (All types)
Putty Knife
Repair Kit - Hose, Airless,
Electric
Rope 50" (Nylon, Hemp)
Roto Zips
Sanders
Saws (All types)
Screw Drivers
Scrapers
Shovels
or consumables Conditions:
Staple Guns
Tables
Tape Cures
Thermo Hygrometer
Tool Box
Tool Kit (Mechanical)
Trash Barrel
Two Way or Portable Radios,
Communication Devices
Unger Poles
Utility Knives
Wheelbarrows
Client will be notified of non-scheduled consumables needed for the project, which will be charged at presented invoice plus 10% overhead
and 10% profit.
We may add additional consumables, materials and corresponding rates to this schedule as needed for individual projects upon written
notice which will be charged at presented Invoice plus 10% overhead and 10 % profit.
Page 11 of 11
Exhibit B — Choice Partners 24/002TC-04
EXECUTION OF OFFER
The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms and conditions
of this RFP and the Agreement and certifies:
1. It is a responsible company regularly engaged in providing goods and/or services necessary to meet
the requirements, specifications, terms and conditions of the RFP and the Agreement. See 2 CFR §
200.318(h).
2. It has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the
requirements, specifications, terms and conditions of the RFP and the Agreement. Further, if awarded,
the Proposer agrees to perform the requirements, specifications, terms and conditions of the RFP and the
Agreement.
3. All statements, information, and representations prepared and submitted in response to this RFP are
current, complete, true, and accurate. Proposer acknowledges that HCDE will rely on such statements,
information, and representations in selecting the successful responsible Proposer(s).
4. It is not currently barred or suspended from doing business with the Federal government, any of the
members represented, or any of their respective agencies.
5. It shall be bound by all statements, representations, warranties, and guarantees made in its proposal.
6. Submission of a proposal indicates the Proposer's acceptance of the evaluation technique and the
Proposer's recognition that some subjective judgments may be made by HCDE and its membership as
part of the evaluation.
7. That all of the requirements of this RFP and the Agreement have been read and understood. In addition,
compliance with all requirements, terms and conditions will be assumed by HCDE if not otherwise noted
in the proposal.
S. The individual signing below has authority to enter into this on behalf of Proposer.
9. Proposer acknowledges that the Agreement may be canceled if any conflict of interest or appearance of
a conflict of interest is discovered by HCDE.
10. This Agreement is subject to purchase orders duly authorized and executed by HCDE and or CP
Member.
CORPORATE NAME:
DRC4rt Worth LLC d/b/a SERVPRO of North Fort Worth
AUTHORIZED SIGNATURE:
/
PRINT NAME:
E iil—�
TITLE:
President
DATE:
08/09/2023
ADDRESS:
10101 Hicks Field Rd. Suite 111
CITY, STATE, ZIP CODE:
Fort Worth, TX 76179
PHONE:
817-232-3333 I FAX:
EMAIL ADDRESS:
office@servpronorthfortworth.com
WEBSITE URL
www.servpronorthfortworth.com
This Section to be Completed by HCDE
Contract Number: 24/002TC-04 Term of contract: 09/20/2023 to 09/19/2024
Vendor shall honor all CP Administrative Fees for any sales resulting from this Contract whether Vendor is awarded a
renewal or not.
Approved by Harris County Department of Education as a best value, responsible vendor:
Jes' na (Oct zCDT) 09/20/2023
Jesus J. Amezcua, PhD., CPA, RTSBA Board Approval Date
Assistant Superintendent for Business Services
Updated 9.1.21 swl; 5.9.22 kln Page 3 of 34
CSP #24/002TC
5.0 CONTRACT TERMS AND CONDITIONS
These Contract Terms and Conditions are part of the final contract in each product and/or service contract awarded as a
result of this CSP and are part of the terms and conditions of each Purchase Order, Job Order, or proposal forms issued in
connection with this CSP. Vendors are responsible for identifying any exceptions to these terms and conditions. ANY
EXCEPTIONS MUST BE NOTED DIRECTLY BELOW EACH OF THE RESPECTIVE TERMS AND
CONDITIONS. Proposals that are qualified with conditional clauses, items not called for, or other irregularities may be
considered non -responsive by HCDE/CP and eliminated from further consideration.
CONTRACT BETWEEN
HARRIS COUNTY DEPARTMENT OF EDUCATION AND
DRC FORT WORTH, LLC ("VENDOR")
FOR
DISASTER MITIGATION COMMODITY/SERVICES AND DISASTER RECOVERY JOB
ORDER CONTRACT SERVICES
This Contract is entered into between HCDE/CP and Vendor, having submitted a proposal in response to this CSP issued
by HCDE/CP and whose proposal has been accepted and awarded by HCDE. In consideration of the mutual covenants
and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, HCDE/CP and Vendor, intending to be legally bound, and subject to the terms, conditions,
and provisions of this Contract, agree as follows:
5.1. Definitions
The terms used in this Contract shall have the meanings assigned to them in Section 1.0 Notice of Intent of the
CSP.
5.2. Use of Contract by CP members
Vendor agrees and understands that this CSP and Contract may be used to accomplish work for HCDE/CP, a
local governmental entity. Vendor further agrees and understands that this CSP and Contract may also be utilized
by CP members pursuant to the piggyback method, as contemplated in the U.S. Department of Agriculture
Memorandum SP 35-2012, Procuring Services of Purchasing Cooperatives, Group Purchasing Organizations,
Group Buying Organizations, etc. ("SP 35-2012). Vendor agrees and understands that CP members include
"school food authorities," as that term is used in SP 35-2012.
5.3. Contract Terms; Amendment
The terms and conditions of this Contract shall govern all procurements conducted hereunder. No pre -published
terms on Vendor's Purchase Order, acknowledgments, invoices, or other forms shall have any force or effect
unless expressly agreed to by the CP member and Vendor. No amendment of this Contract shall be permitted
unless and until first approved in writing by HCDE/CP and, if necessary, the CP member(s), and no such
amendment shall have any effect unless and until a written amendment to this Contract is executed by the HCDE
Superintendent or his designee after any necessary approvals have been obtained from the HCDE Board of
Trustees. In the event that a Vendor has an existing HCDE/CP contract in the same contract title, upon award
the new contract will immediately supersede the older contract.
5.4. Term of Contract; Renewal of Contract
The initial term of this Contract is for a period of one (1) year, with HCDE/CP having the option to renew the
Contract for three (3) additional one-year terms, at HCDE's sole discretion, unless otherwise specified in Section
6.0 Scope of Proposal. Consequently, the total term of the Contract may be for a period of four (4) years. The
phrase "Term" in this Contract shall mean the then -current Term of the Contract, whether an initial term or a
renewal term.
5.5. Termination of Contract; Survival
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This Contract shall remain in effect until (1) the Contract expires by its terms or (2) the Contract is terminated
by mutual consent of HCDE/CP and Vendor. All Supplemental Contracts, purchase orders, and/or orders for
goods or services issued by HCDE and/or CP members and accepted by Vendor shall survive the expiration or
termination of this Contract. During the term of any Supplemental Contract entered into between Vendor and a
CP member, all terms of this Contract shall continue to apply to the Supplemental Contract.
In the event of a breach or default of the Contract and/or the CSP by Vendor, HCDE/CP reserves the right to
enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of
HCDE/CP and/or CP members. HCDE/CP further reserves the right to terminate the Contract immediately in the
event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the CSP,
this Contract, and/or a Purchase Order; (2) make any payments owed; or (3) otherwise perform in accordance
with this Contract and/or the CSP. HCDE/CP also reserves the right to terminate the Contract immediately, with
written notice to Vendor, if HCDE/CP believes, in its sole discretion that it is in the best interest of HCDE/CP
and/or CP members to do so.
In the event that a material change to the terms of the Contract occurs, then the Contract shall be allowed to
expire and shall not be renewed upon the conclusion of the Contract's term. The phrase "material change" in this
paragraph shall mean a modification that substantially exceeds the terms of the original contract between
HCDE/CP and Vendor. Upon the expiration of the Contract's term, HCDE/CP may issue a new CSP for the
goods or services procured under the previous contract.
Vendor agrees that HCDE/CP shall not be liable for damages in the event that HCDE/CP declares Vendor to be
in default or breach of this Contract and/or the CSP. Vendor further agrees that upon termination of the Contract
for any reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to any new
arrangement and/or Vendor.
5.6. Prevailing Wage Rates — Construction/public works projects only
Vendor and all subcontractors of Vendor shall comply with all laws regarding prevailing wage rates, including,
but not limited to, TEX. GOV'T. CODE Chapter 2258, applicable to the construction of a public work, and any
related federal requirements, including the DAVIS-BACON ACT. In the event TEX. GOV'T. CODE Chapter
2258 applies to a product or service provided by Vendor to HCDE/CP or a CP member, Vendor and any
subcontractor(s) shall comply with the prevailing wage rates set by HCDE/CP or the CP member.
5.7. Change Orders
Pursuant to TEX. EDUC. CODE § 44.0411(a), for HCDE/CP and CP members that are Texas school districts, if
a change in plans or specifications is necessary after the performance of a Purchase Order or Job Order has begun
or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or
supplies to be furnished, the CP member may approve change orders making the changes. The total Purchase
Order or Job Order price may not be increased because of the changes unless additional money for increased
costs is approved for that purpose from available money or is provided for by the authorization of the issuance
of time warrants. The CP member may grant general authority to an administrative official to approve the change
orders. A Purchase Order or Job Order with an original contract price of $1 million or more may not be increased
under TEX. EDUC. CODE § 44.0411(a) by more than 25 percent. If a change order for a Purchase Order or Job
Order with an original contract price of less than $1 million increases the contract amount to $1 million or more,
the total of the subsequent change orders may not increase the revised contract amount by more than 25 percent
of the original contract price.
5.8. Compliance with Laws
Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders,
rules, and regulations, including, as applicable, workers' compensation laws; minimum and maximum salary and
wage statutes and regulations; prompt payment and licensing laws and regulations; anti -discrimination statutes
and regulations (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973;
the Age Discrimination Act of 1975; Title 7 C.F.R. Parts 15, 15a, and 15b; the Americans with Disabilities Act;
and INS Instruction 113-1, Civil Rights Compliance and Enforcement —Nutrition Programs and Activities); the
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Davis -Bacon Act (40 U.S.C. § 276a / 29 CFR Part 5); the Copeland "Anti -Kickback" Act (18 U.S.C. § 874 / 29
CFR Part 5); the Equal Opportunity Employment requirements (Executive Orders 11246 and 11375 / 41 CFR
Chapter 60); the McNamara -O'Hara Service Contract Act (41 U.S.C. 351); Section 306 of the Clean Air Act (42
U.S.C. § 1857h); Section 508 of the Clean Water Act (33 U.S.C. § 1368); Executive Order 11738, Environmental
Protection Agency regulations (40 CFR Part 15); the Contract Work Hours and Safety Act (40 U.S.C. § 3701-
3708; 29 C.F.R. Part 5; the Solid Waste Disposal Act (Section 6002 as amended by the Resource Conservation
and Recovery Act for procuring solid waste management services in a manner that maximizes energy and
resource recovery when contract amount is in excess of $10,000); the Education Department General
Administrative Regulations ("BDGAR")/Uniform Guidance (2 C.F.R. Part 200); mandatory standards and policies
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (Pub. L. 94-163, 89 Stat. 871); and all applicable requirements and regulations, including those related to
reporting, patent rights, copyrights, data rights, and those mandated by federal agencies making awards of federal
funds to HCDE/CP and/or CP members, including, without limitation, the U.S. Department of Agriculture and/or
Texas Department of Agriculture. Vendor understands that Vendor is ineligible to receive a contract award with
HCDE/CP if Vendor or its principal(s) is listed on the government wide exclusions in the System for Award
Management (Debarment and Suspension Orders Executive Orders 12549 and 12689) or is 30 days or more
delinquent in paying child support (Tex. Fam. Code § 231.006). For the entire duration of this Contract, Vendor
and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation
necessary to perform this Contract. All permits will be acquired by Vendor and invoiced to the CP member at
cost as part of the Purchase Order, unless the permits are provided by the CP member. For the entire duration of
this Contract, Vendor and all subcontractors shall also comply with all requirements pertaining to local, state, or
federal health and safety certifications, licensing, or regulations. Vendor must comply with all state and local
building code requirements unless otherwise specifically provided in the CP member's Purchase Order, and
Vendor must pay all fees and charges for connections to outside services and for use of property outside the
project site. The states of individual CP members may have regulations and laws that govern payment retention
and progress payments for public projects. Vendor is responsible for being acquainted with and complying with
each state's requirements. When required or requested by HCDE/CP or a CP member, Vendor shall furnish
HCDE/CP and/or the CP member with satisfactory proof of Vendor's compliance with this provision.
5.9. Confidentiality
Vendor and HCDE/CP agree to secure the confidentiality of all information and records in accordance with
applicable federal and state laws, rules, and regulations. Vendor and HCDE/CP understand that the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of
educational records and information and agree to abide by FERPA rules and regulations, as applicable. Vendor
also acknowledges that HCDE/CP and numerous CP members are subject to the Texas Public Information Act,
and Vendor waives any claim against and releases from liability HCDE/CP and CP members, their respective
officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this
Contract or otherwise created, assembled, maintained, or held by Vendor, HCDE, or a CP member and
determined by HCDE/CP or the CP member, the Attorney General of Texas, or a court of law to be subject to
disclosure under the Texas Public Information Act.
5.10. Performance and Payment Bonds — Construction/public works projects only
Vendor agrees to provide performance bonds and/or payment bonds as required by law, based on the amount or
estimated amount of any Purchase Order or Job Order for a public work contract, which is defined as a contract
for constructing, altering, or repairing a public building or carrying out or completing any public work. TEX.
GOV'T. CODE §§ 2253.001(4); 22269.411. Pursuant to TEX. GOV'T. CODE § 2253.021, a performance bond
is required if a Purchase Order is in excess of $100,000 for CP members that are governmental entities subject
to Chapter 2253; a payment bond is required if a Purchase Order or Job Order is in excess of $25,000 for CP
members that are governmental entities subject to Chapter 2253 and are not municipalities or a joint board created
under Subchapter D, Chapter 22 of the Tex. Transp. Code, and a payment bond is required if a Purchase Order
or Job Order is in excess of $50,000 for CP members that are governmental entities subject to Chapter 2253 and
are municipalities or a joint board created under Subchapter D, Chapter 22 of the TEX. TRANSP. CODE.
5.11. Title and Risk of Loss
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Whenever HCDE/CP or a CP member is purchasing (and not leasing) a product under this Contract, title and risk
of loss shall pass upon the later of HCDE/CP or the CP member's acceptance of the product or payment of the
applicable invoice.
5.12. Warranty Conditions
All product(s) and/or service(s) provided by the Vendor under this Contract must be warranted to be free from
defects in material, workmanship, and free from such defects in design for a period of one (1) year upon the later
of HCDE's or the CP member's acceptance of the product and/or service or payment of the applicable invoice.
Vendor warrants that all products and/or services furnished under this Contract shall conform in all respects to
the terms of this Contract, including any drawings, specifications, and/or standards incorporated herein,
including, without limitation, those detailed in the CSP and Purchase Order. In addition, Vendor warrants that
products and/or services are suitable for and will perform in accordance with the purposes for which they are
intended. Vendor shall assume all liabilities incurred within the scope of consequential damages and incidental
expenses, as set forth in the Vendor or manufacturer's warranty, which result from either delivery or use of
product, which does not meet the specifications within this Contract, the CSP, or Purchase Order.
5.13. Criminal History Review
Section 10.0 Attachment—Ch. 22 Contractor Certification: Contractor Employees (Required) must be
submitted with packet, if applicable.
Prior to commencing any work under the Contract, if Vendor contracts with HCDE/CP to provide services,
Vendor must comply with all requirements relating to criminal history information required by TEX. EDUC.
CODE Chapter 22. Vendor must also ensure subcontractors' compliance with TEX. EDUC. CODE, Chapter 22
requirements. Covered employees with disqualifying criminal history are prohibited from serving at HCDE/CP
or at CP school district members' locations; Vendor and any subcontracting entity may not permit a "covered
employee" to provide services at a school if the employee has a "disqualifying criminal history" (as those terms
are defined below),If Vendor receives information that a covered employee has a reported disqualifying criminal
history, then Vendor will immediately remove the covered employee from the project/contract and notify
HCDE/CP member in writing within three (3) business days. If HCDE/CP member, in its sole discretion, objects
to the assignment of a covered employee for any reason, including, but not limited to, on the basis of the covered
employee's criminal history record information and/or insufficient qualifications, lack of experience, and the
like, based on information gathered by HCDE/CP member through the procurement and/or contracting processes,
Vendor (and each subcontractor) agrees to discontinue using that covered employee to provide services on
HCDE/CP member's project/contract. "Covered employees" means employees, agents or subcontractors of
Vendor or a subcontractor who has or will have continuing duties related to the services to be performed on
HCDE/CP member's project/contract and has or will have direct contact with HCDE/CP member's students.
"Disqualifying criminal history" means:(1) For emDlovees of a contracting or subcontractine entitv that is
providine eneineerinQ, architectural, or construction services on a project to design, construct, alter, or repair a
public work: (1) a conviction or other criminal history information designated by HCDE/CP member; (2) a felony
or misdemeanor offense that would prevent a person from being employed under Texas Education Code §
22.08341(d), that is: conviction during the preceding 30 years (if at the time of the offense, the victim was under
18 or was enrolled in a public school) of. (a) a felony offense under Title 5, Texas Penal Code; (b) an offense on
conviction of which a defendant is required to register as a sex offender under Chapter 62, Texas Code of
Criminal Procedure; or (c) an offense under federal law or the laws of another state that is equivalent to (a) or
(b); (2) For emDlovees of all other contracting or subcontractine entities: (1) a conviction or other criminal history
information designated by Owner; (2) a felony or misdemeanor offense that would prevent a person from being
employed under Texas Education Code § 22.085(a), that is: (a) conviction of a felony offense under Title 5,
Texas Penal Code if at the time of the offense, the victim was under 18; (b) conviction of or placement on deferred
adjudication community supervision for an offense for which a defendant is required to register as a sex offender
under Chapter 62, Texas Code of Criminal Procedure; or (c) conviction of an offense under federal law or the
laws of another state that is equivalent to (a) or (b). HCDE/CP member shall be solely responsible for making
the final determination of what constitutes direct contact with HCDE/CP member's students and what constitutes
a disqualifying criminal history. The criminal history record information review obligation applies only if
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Vendor contracts with HCDE/CP to provide services; it does not apply to a contract for the purchase of goods,
products or real estate.
5.14. Customer Support
Vendor shall provide timely and accurate technical advice and sales support to HCDE/CP staff, and CP members.
Vendor shall respond to requests for customer support within one (1) business day after receipt of the request.
Vendor shall provide training to HCDE/CP staff and/or CP members regarding products and/or services supplied
by Vendor, at no additional charge, if requested by HCDE/CP or a CP member.
5.15. HCDE/CP and/or CP members' Property
In the event of loss, damage, or destruction of any property owned by or loaned by HCDE/CP or a CP member
that is caused by Vendor or Vendor's representative, agent, employee, or contractor, Vendor shall indemnify
HCDE/CP or the CP member and pay to HCDE/CP or the CP member the full value of or the full cost of repair
or replacement of such property, whichever is greater, within thirty (30) days of Vendor's receipt of written
notice of HCDE's or the CP member's determination of the amount due. If Vendor fails to make timely payment,
HCDE/CP or the CP member may obtain such money from Vendor by any means permitted by law, including,
without limitation, offset or counterclaim against any money otherwise due to Vendor by HCDE/CP or the CP
member.
5.16. Tax Exempt Status
HCDE/CP and all CP members that are Texas governmental entities or agencies are exempt from payment of
Texas State Sales Taxes under TEXAS TAX CODE§ 151.310 for the purchase of tangible personal property.
Laws of other states govern the tax status of CP members in states other than Texas. Vendor represents and
warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, without limitation,
any federal, state, or local income, sales or excise taxes of Vendor or its employees. HCDE/CP and CP members
shall not be liable for any taxes resulting from this Contract, except where otherwise required by law.
5.17. Other State Tax Requirements
5.17.1. Pavment of Taxes by CP members Outside of Texas — CP members outside of Texas will pay only the
rate and/or amount of taxes identified in Vendor's proposal submitted in response to the CSP as
appropriate to the specific CP member.
5.17.2. State and Local Transaction Privilege Taxes — The CP member is subject to all applicable state and local
transaction privilege taxes. Transaction privilege taxes apply to the sales of products and are the sole
responsibility of Vendor, as the seller, to remit. Failure to remit taxes from HCDE/CP and/or the CP
member, as the buyer, does not relieve Vendor, as the seller, from its obligation to remit taxes.
5.18. State of Texas Franchise Tax
By submitting a proposal in response to the CSP, Vendor certifies that Vendor is not currently delinquent in
Vendor's payment of any franchise taxes or other taxes owed to the State of Texas.
5.19. Tax Responsibilities of Vendor and Indemnification for Taxes
Vendor is responsible for complying with the tax laws of states and the federal government. Vendor and all
subcontractor(s) of Vendor shall pay all federal, state, and local taxes applicable to Vendor's operation, any
persons employed by Vendor, and all subcontractors of Vendor. Vendor shall require all subcontractors to hold
HCDE/CP and the CP member harmless from any responsibility for taxes, damages, and interest. If applicable,
contributions required under federal, state, and/or local laws and regulations and any other costs, including, but
not limited to, transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker's
Compensation, shall be the sole responsibility of Vendor.
5.20. IRS W-9
To receive payment under this Contract, Vendor shall have a current I.R.S. W-9 Form on file with the CP
member.
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5.21. Assignment of Contract
Vendor may not assign this Contract or any of its rights, duties or obligations hereunder without the prior written
approval of HCDE. Any attempted assignment of this Contract by Vendor shall be null and void. Any Purchase
Order or Job Order made as a result of this Contract may not be transferred, assigned, subcontracted, mortgaged,
pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of
HCDE/CP and, if applicable, the CP member.
5.22. Notification of Material Change
Vendor is required to notify HCDE/CP when any material change in operations occurs, including changes in
distribution rights for awarded products, bankruptcy, material changes in financial condition, change of
ownership, and the like, within three (3) business days of such change.
5.23. Performance
Vendor agrees to use commercially reasonable best efforts to provide the product(s) and/or service(s) subject to
this Contract. Vendor shall furnish all supervision, labor, tools, equipment, permits, licenses, transportation,
insurance, material, and supplies necessary to complete any scope of work, Purchase Order, or Job Order under
this Contract. Vendor shall use skilled, trained personnel, who shall be supervised by Vendor.
5.24. Subcontractors
If Vendor uses subcontractors in the performance of any part of this Contract, Vendor shall be fully responsible
to HCDE/CP and CP members for all acts and omissions of the subcontractors. Nothing in this Contract shall
create for the benefit of any such subcontractor any contractual relationship between HCDE/CP and any such
subcontractor, nor shall it create any obligation on the part of HCDE/CP or CP members to pay or to see to the
payment of any monies due any such subcontractor except as may otherwise be required by law. Vendor
represents and warrants that it is willing, able, and capable of obtaining, supervising, and being responsible for
any subcontractors who perform and/or provide products and services related to this Contract.
If Vendor uses subcontractors in the performance of any Purchase Order or Job Order issued as a result of a Job
Order Contract awarded via this procurement solicitation, subcontractors must issue their Job Order Quotes using
the same pricing method(s) outlined in the procurement solicitation and according to Texas Government Code
Chapter 22269, Subchapter 1, Job Order Contracts Method.
5.25. Non -Appropriation
Renewal of this Contract, if any, will be in accordance with TEX. LOCAL GOV'T. CODE § 271.903 concerning
non -appropriation of funds for multi -year contracts. Notwithstanding any other provision of this Contract or
obligation imposed on HCDE/CP or any CP member by this Contract, HCDE/CP and CP members shall have
the right to terminate this Contract, any Supplemental Contract, Purchase Order, and/or Job Order without default
or liability to Vendor resulting from such termination, effective as of the expiration of each budget period of
HCDE/CP or any CP member if it is determined by HCDE/CP or any CP member, at their sole discretion, that
there are insufficient funds to extend this Contract, any Supplemental Contract, any Purchase Order. The parties
agree that this Contract, any Supplemental Contract, any Purchase Order, and/or any Job Order are commitments
of the current revenue of HCDE/CP and CP members only.
5.26. Ordering Procedures
Purchase Orders/Job Orders are issued by HCDE/CP and/or CP members to the Vendor according to this Contract
and any Supplemental Contract between HCDE/CP and the CP member. CP members must send Purchase
Orders/Job orders to HCDE/CP, unless otherwise stipulated by HCDE/CP. HCDE/CP may request confirmation
of receipt of the Purchase Order/Job Order from Vendor.
HCDE/CP also may elect to require e-commerce functionality, in which Purchase Orders/Job Orders are sent
directly to Vendor and reported by the CP member to HCDE/CP on a specified basis. The e-commerce approach
must be approved by HCDE/CP prior to the start date of any Term of the Contract.
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5.27. Invoices; Payments
5.27.1. Vendor shall submit invoices, in duplicate, directly to HCDE/CP or the CP member at the appropriate
location(s) specified by HCDE/CP or the CP member. Each invoice shall include HCDE's or the CP
member's Purchase Order/Job Order number and HCDE/CP Contract Number. All invoices shall be
itemized to include the type of product(s) and/or service(s) rendered. Vendor shall submit invoices
within a timely manner during HCDE's or the CP member's fiscal year in which the product(s) and/or
service(s) are purchased. The shipment tracking number or pertinent information for verification of
HCDE's or the CP member's receipt shall be made available upon request by HCDE/CP or the CP
member.
5.27.2. HCDE/CP or the CP member will make payments directly to Vendor. HCDE/CP or the CP member
placing the Purchase Order/Job Order with Vendor shall alone be liable and/or responsible for payment
for product(s) and/or service(s) ordered and must be invoiced directly by Vendor. Neither HCDE/CP
nor any CP member shall be liable for the indebtedness of any one CP member.
5.27.3. TEX. GOV'T. CODE § 2251.021 shall govern when payments are due to the Vendor. Payments are due
to Vendor by HCDE/CP and any CP member whose governing body meets only once a month or less
frequently, within forty-five (45) days after the later of the following: (1) the date HCDE/CP or the
CP member receives the products and services under the Contract; (2) the date the performance of the
service under the Contract is completed; or (3) the date HCDE/CP or the CP member receives an
invoice for the products or service. For CP members whose governing bodies meet more than once a
month or more often, payments are due by those CP members within thirty (30) days after the later of
the following: (1) the date the CP member receives product(s) under the Contract; (2) the date the
performance of the service under the Contract is completed; or (3) the date the CP member receives an
invoice for product(s) or service(s). Vendor agrees to pay any subcontractors the appropriate share of
the payment received from HCDE/CP or the CP member not later than the tenth (loth) day after the
date the Vendor receives the payment from HCDE/CP or the CP member.
The exceptions to payments made by HCDE, a CP member, and/or Vendor listed in TEX. GOV'T.
CODE § 2251.002 shall apply to this Contract.
5.27.4 In addition to all other rights and remedies that HCDE may have, HCDE shall have the right to setoff,
against any and all amounts due to Vendor by HCDE, whether due under this Contract or any other
agreement between HCDE (including any division of HCDE) and Vendor, any sums for which HCDE
is entitled to under this Contract, as determined by HCDE in its sole discretion, including, without
limitation, sums due by Vendor to HCDE as a result of indemnification obligations, warranty claims,
and/or HCDE/CP Administrative Fee(s).
5.28. Reporting
The Vendor shall provide HCDE/CP with a detailed monthly report showing the total dollar volume of all sales
under this Contract for the previous month in Microsoft Excel format, in the format and with the information
specified by HCDE/CP. Reports are due on the fifteenth (15) day of the month, after the close of the previous
month and shall provide information regarding Purchase Orders/Job Orders during the previous month. Vendor
is responsible for collecting and compiling all sales under this Contract from all CP members and submitting one
(1) consolidated monthly report. The monthly report shall include, at a minimum, the date of each Purchase
Order/Job Order, Purchase Order/Job Order number, CP member name, city/town, and Purchase Order total
dollar amount. Reports shall be submitted in an electronic format to HCDE/CP at 6005 Westview, Houston,
Texas 77055, or electronically mailed to facilitvrenortineCachoicenartners.ore.
The Vendor shall provide HCDE/CP with velocity/usage reports within five (5) business days of any request by
HCDE/CP for such reports.
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5.29. Pricing Changes
All prices and discount percentages in Vendor's proposal shall be firm for the Term of this Contract. Pricing may
be negotiated during the Contract renewal period. In the event Proposer's prices will be adjusted or escalated
upon a renewal (if any) of the fixed -price contract awarded pursuant to this RFP, Proposer must indicate such in
its proposal. Any adjustment or escalation of the fixed price(s) will be based on the CPI index and may only be
made at the time of contract renewal. Vendor agrees to promptly lower the proportionate price of any product
purchased through this Contract following a reduction in the price the Vendor is paying suppliers. All pricing
submitted to HCDE/CP in Vendor's proposal shall include the administrative fee to be remitted to HCDE/CP by
Vendor. It is Vendor's responsibility to keep all pricing up-to-date and on file with HCDE/CP. For all pricing
changes, including at renewal and during the Term, all price changes shall be presented to HCDE/CP for
acceptance or rejection by HCDE/CP, in its sole discretion, using the same format as was accepted in Vendor's
original proposal; all price changes for products and/or services provided under this Contract must be approved,
in writing, by HCDE/CP prior to taking effect.
The following documentation shall be provided to support a request for a price change:
• justification for change/increase
• terms and conditions
• market conditions
• manufacturers'/distributors' impact, if any
All price decreases shall be allowed for all products and/or services.
5.30. HCDE/CP Administrative Fee
HCDE/CP will invoice Vendor for the HCDE/CP Administrative Fee of 2%. HCDE/CP reserve the right to
decrease the Administrative Fee at any time, upon notice to Vendor. The invoice for the Administrative Fee will
be based on total sales made through this Contract. Vendor shall remit payment of the HCDE/CP Fee to
HCDE/CP no later than thirty (30) days following the end of the month. Failure to pay the HCDE/CP
Administrative Fee in a timely manner may result in Vendor breaching this Contract and may result in HCDE/CP
suspending or terminating this Contract. Vendor shall honor and pay HCDE/CP the HCDE/CP Administrative
Fee for any sales resulting from this Contract that occurred within thirty (30) days of the expiration or
termination of this Contract. All rebates, discounts, and other applicable credits granted by Vendor as a result of
any Supplemental Contracts entered into between Vendor and CP members shall accrue exclusively to CP
member(s).
5.31. Records Retention
Vendor shall maintain its records and accounts in a manner that shall assure a full accounting for all product(s)
and/or service(s) provided by the Vendor to HCDE/CP and/or CP members under this Contract. These records
and accounts shall be retained by Vendor and made available for review and copying by HCDE/CP and CP
members for a period of not less than three (3) years from the date of completion of the service(s), receipt of
product(s), the date of the receipt by HCDE/CP or the CP member of Vendor's final invoice or claim for payment
in connection with this Contract, or the date HCDE/CP or the CP member makes final payments and closes
pending matters in connection with a federal grant, whichever is later. If an audit or a compliance review has
been announced, the Vendor shall retain its records and accounts until such audit or compliance review has been
completed.
When federal funds are expended by HCDE or any CP member pursuant to this Contract, Vendor certifies that it
will comply with the record retention requirements detailed in 2 CFR § 200.334 Vendor further certifies that
Vendor will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or
subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other
pending matters are closed.
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5.32. Right to Review, Audit and Inspect
HCDE/CP, CP members, any federal agency that has awarded federal funds/grant(s) to HCDE/CP or a CP
member, and the Comptroller General of the United States, and/or any of their authorized representatives, shall,
upon written notice, have the right to audit and examine all of Vendor's records and accounts relating to this
Contract and inspect any project performed by the Vendor relating to this Contract. Records subject to
audit/review shall include, but are not limited to, all Purchase Orders and/or Job Orders resulting from this
Contract and records which may have a bearing on matters in connection with the Vendor's work for HCDE/CP
and/or CP members, and shall be open to inspection and subject to audit/review and/or reproduction by
HCDE/CP, CP member, and/or their authorized representative(s) to the extent necessary to adequately permit
evaluation and verification o£
5.32.1. Vendor's compliance with this Contract and the requirements of the CSP.
5.32.2. Compliance with procurement laws, policies, and procedures, including, without limitation,
reviewing/comparing pricing on invoices and the appropriate Unit Price Book for JOC work performed
for HCDE/CP and/or CP members.
5.32.3. Compliance with provisions for computing billings to HCDE/CP and/or to CP members.
5.32.4. Any other matter related to this Contract.
5.33. Indemnification
VENDOR SHALL INDEMNIFY AND HOLD HARMLESS HCDE/CP AND EACH CP MEMBER.
INCLUDING HCDE'S AND CP MEMBERS' TRUSTEES, OFFICERS. ADMINISTRATORS, EMPLOYEES,
AND AGENTS, FROM ALL CLAIMS. LIABILITIES. COSTS, SUITS OF LAW OR IN EQUITY,
EXPENSES. ATTORNEYS' FEES. FINES, PENALTIES OR DAMAGES ARISING FROM ACTS OR
OMISSIONS OF VENDOR, VENDOR'S EMPLOYEES. AGENTS, OR SUBCONTRACTORS. IN
CONNECTION WITH THIS CONTRACT, INCLUDING WITHOUT LIMITATION. THOSE ARISING
FROM CLAIMED INFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHT OR OTHER
CORRESPONDING RIGHT(S) WHICH IS RELATED TO ANY ITEM VENDOR IS REOUIRED TO
DELIVER. VENDOR'S OBLIGATIONS UNDER THIS CLAUSE SHALL SURVIVE ACCEPTANCE AND
PAYMENT BY HCDE/CP OR THE CP MEMBER.
5.34. Governing Law and Exclusive Venue
The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this Contract. Any
dispute under this Contract involving HCDE/CP must be brought exclusively in the state and federal courts
located in Houston, Harris County, Texas. Any dispute not involving HCDE/CP but involving a CP member and
Vendor shall be governed by the laws of the state of the CP member, without regard to its provisions on conflicts
of laws, and exclusive jurisdiction and venue shall lie in the city, county, and state of the CP member.
5.35. Multiple Contract Awards; Non -Exclusivity
HCDE/CP reserves the right to award multiple contracts under the CSP, including multiple contracts for each
product/service category. Product/Service categories are established at the sole discretion of HCDE/CP.
HCDE/CP will base a recommendation for contract award, including whether to award a single or multiple
contracts, based on the evaluation factors listed in this RFP; contracts will be awarded to proposers with a
minimum score of 70 to be considered for award.' Nothing in this Contract may be construed to imply that
Vendor has the exclusive right to provide products and/or services to HCDE/CP and/or CP members. During the
Term of this Contract, HCDE/CP and CP members reserve the right to use all available resources to procure
other products and/or services as needed and doing so will not violate any rights of Vendor. In the event that a
3 HCDE/CP has the option to adjust (increase or decrease) the minimum score to be considered for award in the best interest of
HCDE/CP and its members.
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Vendor has an existing HCDE/CP contract in the same contract title, upon award the new contract will
immediately supersede the older contract.
5.36 New Products
New products that meet the specifications detailed in the CSP may be added to this Contract, with prior written
approval from HCDE/CP. Pricing of any new products shall be equivalent to the percentage discount or proposed
prices for other similar products. Vendor may replace or add products to the contract if: the replacing products
are equal to or superior to the original products offered or discounted in a similar degree or to a greater degree
and the products meet the requirements of the CSP. No products may be added to avoid competitive procurement
procedures. HCDE/CP may reject any proposed additions, without cause, in its sole discretion.
5.37. No Substitution; Product Recall
Any Purchase Order issued pursuant to this Contract shall conform to the specifications and descriptions
identified in this Contract and the CSP. Vendor shall not deliver substitutes without prior written authorization
from HCDE/CP or the CP member.
If a product recall is instituted on any good that has been furnished and delivered to HCDE/CP or any CP member,
Vendor must immediately (i.e., within 24 hours but preferably sooner) notify the purchasing agent of HCDE/CP
and the purchasing CP member by e-mail or in writing and must include all pertinent information relating to the
recall. If Vendor is unable to contact the purchasing agent, Vendor must contact the Director of Purchasing of
HCDE/CP and the purchasing CP member. Vendor will be responsible for all costs associated with replacing
the recalled product, including replacement cost, shipping charges, etc. This requirement shall survive payment
and acceptance of the goods.
5.38 Penalties
If the Vendor is unable to provide the product(s) or services at the prices quoted in Vendor's proposal or if
Vendor fails to fulfill or abide by the terms and conditions of the Contract, the CSP, or a Supplemental Contract,
HCDE/CP or the CP member may take the following action(s), in the sole discretion of HCDE/CP or the CP
member, and Vendor agrees to comply with the chosen action(s):
5.38.1 Insist that the Vendor honor the quoted price(s) specified in Vendor's proposal or the Supplemental
Contract, as applicable;
5.38.2 Have the Vendor pay the difference between the Vendor's price and the price of the next acceptable
proposal, as determined by HCDE/CP or the CP member;
5.38.3 Have the Vendor pay the difference between Vendor's price and the actual purchase price of the product
or service on the open market; and/or
5.38.4 Recommend to HCDE Board of Trustees that the Vendor no longer be given the opportunity to submit
a proposal to HCDE/CP and/or that this Contract be terminated.
5.39. Promotion of Contract Marketing Plan
The marketing of Vendor's company, product, and/or services shall be the sole responsibility of Vendor.
HCDE/CP may only supply Vendor with CP members' contact lists that contain name, address, phone numbers,
and/or email addresses. Other items geared toward the joint -marketing of HCDE/CP and Vendor's company,
product, and/or services shall be at HCDE/CP's sole discretion. Encouraging CP members to circumvent this
Contract by purchasing directly from Vendor may result in suspension or termination of this Contract. For so
long as this Contract is valid and enforceable between the parties, Vendor agrees to display the CP seal in its
marketing collateral materials, such as Vendor's website and related marketing materials. Vendor shall submit
all promotional materials to HCDE/CP and obtain written approval before Vendor finalizes or publishes
promotional material bearing the HCDE/CP or HCDE/CP name or seal. Vendor may not release any press release
or other publication regarding this Contract or HCDE/CP unless and until HCDE/CP first approves the press
release or publication in writing.
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5.40. Website Support
Vendor agrees to cooperate with HCDE/CP in publicizing contract particulars on the CP website. Vendor also
agrees to work with HCDE/CP in updating and maintaining current information on Vendor activities related to
the Contract on the CP website. Vendor agrees to provide an electronic version of its logo for use on the CP
website upon Contract award and provide other information as reasonably requested by HCDE/CP to help ensure
that the CP website is current and consistently updated.
5.41. Safety
Vendor, its subcontractor(s), and their respective employees shall comply fully with all applicable federal, state,
and local safety and health laws, ordinances, rules, and regulations in the performance of services under this
Contract, including, without limitation, those promulgated by HCDE/CP, CP members, and by the Occupational
Safety and Health Administration ("OSHA"). In case of conflict, the most stringent safety requirements shall
govern. Vendor shall comply with all other safety guidelines and standards as required by HCDE/CP or CP
members. Vendor shall indemnify and hold HCDE/CP and/or the CP member harmless from and against all
claims, demands, suits, actions, judgments, fines, penalties, and liability of every kind arising from the breach of
Vendor's obligations under this provision.
5.42. Workforce
Vendor shall employ only orderly and competent workers, skilled in the performance of the services, if any,
which shall be performed under this Contract. Vendor, its employees, subcontractors, and subcontractor's
employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or
controlled substances while on the job or on HCDE/CP and CP members' property, nor may such workers be
intoxicated or under the influence of alcohol or drugs on HCDE/CP and CP members' property.
5.43. Supplemental Contracts
A CP member and Vendor may enter into a separate, Supplemental Contract. Any Supplemental Contract
developed as a result of this Contract and/or the CSP is exclusively between the CP member and Vendor and
shall have no effect or impact on HCDE, any other CP member, or this Contract. Any Supplemental Contract
between Vendor and a CP member is exclusively between that specific CP member and Vendor and will be
subject to immediate cancellation by the CP member (without penalty to the CP member) if, in the opinion of
the CP member, the quality, service, and specification requirements, and/or the terms and conditions are not
maintained as stated in the Supplemental Contract. Vendor shall promptly notify HCDE/CP of any Supplemental
Contract executed between Vendor and a CP member.
5.44. Insurance
Vendor is required to provide HCDE/CP and/or the CP member with copies of certificates of insurance, naming
HCDE/CP and/or the CP member as additional insured's for Texas Workers Compensation and General Liability
Insurance, within 14 business days of contract award and prior to the commencement of any work under
this Contract and can be emailed to insurance@choicepartners.org. Certificates of Insurance, name and address
of Vendor, the limits of liability, the effective dates of each policy, and policy number shall be delivered to
HCDE/CP and/or the CP member prior to commencement of any work under this Contract. The insurance
company insuring Vendor shall be licensed in the State of Texas or the state in which the CP member is located,
and shall be acceptable to HCDE/CP and/or the CP member. Vendor shall give HCDE/CP or the CP member a
minimum of ten (10) days' notice prior to any modifications or cancellation of said policies of insurance. Vendor
shall require all subcontractors performing any work under or relating to this Contract to maintain coverage as
specified below. Vendor shall, at all times during the Term of this Contract, maintain insurance coverage with not
less than the type and requirements shown below. If the CP member has higher insurance requirements than those
listed below, such may be added to the Purchase Order. Such insurance is to be provided at the sole cost of the
Vendor. These requirements do not establish limits of Vendor's liability.
All policies of insurance shall waive all rights of subrogation against HCDE, CP members, and HCDE/CP and CP
members' officers, employees and agents.
Upon request, certified copies of original insurance policies shall be furnished to HCDE/CP and/or to CP members.
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HCDE/CP and the CP member, as requested, shall be named as an "additional insured" on insurance policies.
HCDE/CP and the CP member reserve the right to require additional insurance should HCDE/CP or the CP member
deem additional insurance necessary, in their sole discretion.
• Workers Compensation (with waiver of subrogation to HCDE/CP and the CP member) Employer's Liability,
including all states, U.S. Longshoremen, Harbor Workers and other endorsements.
• Statutory, and Bodily Injury by Accident: $100,000 each employee. Bodily Injury by Disease: $500,000, policy
limit $100,000 each employee.
Commercial General Liability Occurrence Form including, but not limited to, Premises and Operations, Products
Liability Broad Form Property Damage, Contractual Liability, Personal and Advertising Injury Liability and
where the exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout, cratering and
underground damage. $300,000 each occurrence Limit Bodily Injury and Property Damage combined. $300,000
Products -Completed Operations Aggregate Limit $500,000 per Job Aggregate. $300,000 Personal and
Advertising Injury Limit.
• Automobile Liability Coverage: $300,000 Combined Liability Limits Bodily Injury and Property Damage
Combined.
5.45. Participation in HCDE/CP
Vendor acknowledges and agrees that continued participation in the HCDE/CP cooperative purchasing program
is subject to HCDE/CP's sole discretion and that Vendor may be removed from the HCDE/CP program at any
time, with or without cause, in HCDE/CP's sole discretion. All work resulting from this Contract must cease
immediately after completion of the final accepted Purchase Order/Job Order. Nothing in this Contract or in any
other communication between HCDE/CP and Vendor may be construed as a guarantee that HCDE/CP or CP
members will submit any Purchase Order/Job Order to Vendor at any time.
At a minimum, to continue participation in the HCDE/CP cooperative purchasing program, Vendor must:
• Submit detailed monthly reports of all sales activity (such report is required even if there is no sales
activity for a given month);
• Timely remit Administrative Fee(s) to HCDE/CP;
• Market Choice Partners, including inclusion of CP seal on Vendor's website, development and
execution of marketing plan, and participation in at least 5 of marketing events (such as trade shows
and conferences) annually;
• Maintain a minimum annual sales activity of $15,000;
• Completion of all required forms (such as Form 1295, EDGAR Certifications, etc.); and
• Maintain required insurance and submit updated certificate(s) to CP annually
5.46. No Agency or Endorsements
It is the intention of the parties to this Contract that Vendor is independent of HCDE/CP and CP members, is an
independent contractor, and is not an employee, agent, joint venturer, or partner of HCDE/CP or any CP member.
Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer
and employee, agent, joint venturer or partner, between HCDE/CP and Vendor, any CP member and Vendor,
HCDE/CP and any of Vendor's agents, or any CP member and any of Vendor's agents. Vendor has no power or
authority to assume or create any obligation or responsibility on behalf of HCDE/CP or any CP member, and
HCDE/CP and HCE members have no power or authority to assume or create any obligation or responsibility on
behalf of Vendor. This Contract shall not be construed to create or imply any partnership, agency, or joint venture,
nor shall it be construed or deemed an endorsement of a specific company or product. Vendor agrees that
HCDE/CP and CP members have no responsibility for any conduct of any of Vendor's employees, agents,
representatives, contractors, or subcontractors.
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5.47. Equal Opportunity
It is the policy of HCDE/CP not to discriminate on the basis of race, color, national origin, gender, limited English
proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee
or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure,
terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because
of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide
occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every
subcontract entered into for the performance of this Contract shall contain a provision requiring non-
discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may
be regarded as a material breach of the Contract.
5.48. Force Majeure
Neither HCDE, any CP member, or Vendor shall be deemed to have breached any provision of this Contract as
a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts
of God, network failures, acts of civil or military authorities, civil disturbances, wars, energy crises, fires,
transportation contingencies, interruptions in third -party telecommunications or Internet equipment or service,
other catastrophes, or any other occurrences which are reasonably beyond HCDE, any CP member, or Vendor's
control.
HCDE, CP members, and Vendor are required to use due caution and preventive measures to protect against the
effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party
seeking relief under this provision. The party seeking relief due to force majeure is required to promptly notify
the other parties in writing, citing the details of the force majeure event and relief sought, and shall resume
performance immediately after the obstacles to performance caused by a force majeure event have been removed,
provided the Contract has not been terminated. Delay or failure of performance, by either party to this Contract,
caused solely by a force majeure event, shall be excused for the period of delay caused solely by the force majeure
event. HCDE, CP members, and Vendor shall not have any claim for damages against any other party resulting
from delays caused solely by force majeure. Notwithstanding any other provision of this Contract, in the event
the Vendor's performance of its obligations under this Contract is delayed or stopped by a force majeure event,
HCDE/CP shall have the option to terminate this Contract. This section shall not be interpreted as to limit or
otherwise modify any of HCDE's or CP members' contractual, legal, or equitable rights.
5.49. Severability
In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provisions, and the Contract shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in it.
5.50. Waiver
No failure on the part of either party at any time to require the performance by the other party of any term hereof
shall be taken or held to be a waiver of such term or in any way affect such party's right to enforce such term,
and no waiver on the part of either party of any term hereof shall be taken or held to be a waiver of any other
term hereof or the breach thereof. No waiver, alteration, or modification of any of the provisions of this Contract
shall be binding unless in writing and signed by duly authorized representatives of the parties hereto.
5.51. Entire Agreement
The Contract, the CSP, Vendor's proposal submitted in response to the CSP, the attached and incorporated
attachments, addendum, and/or exhibits, if any, and the Supplemental Contract, if any, contain the entire
agreement of the parties relative to the purpose(s) of the Contract and supersede any other representations,
agreements, arrangements, negotiations, or understandings, oral or written, between the parties to this Contract.
In the event of a conflict between this Contract and the CSP or Vendor's proposal submitted in response to the
CSP, this Contract shall control. In the event of a conflict between the CSP and Vendor's proposal submitted in
response to the CSP, the CSP shall control. This Contract supersedes any conflicting terms and conditions on
any Purchase Order/Job Order, invoices, checks, order acknowledgements, forms, purchase orders, or similar
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commercial documents relating hereto and which may be issued by Vendor after the Effective Date of this
Contract.
In addition to this Contract, a Supplemental Contract between Vendor and the CP member may be established to
further detail the terms and conditions of the CP member's specific project. In the event of a conflict between
this Contract and the Supplemental Contract, as to HCDE, this Contract shall prevail. In the event of a conflict
between this Contract and the Supplemental Contract, as to the CP member, the Supplemental Contract shall
prevail unless the Supplemental Contract states otherwise.
5.52. Interpretation
Vendor agrees that the normal rules of construction that requires that any ambiguities in this Contract are to be
construed against the drafter shall not be employed in the interpretation of this Contract.
5.53. Notice
Any notice provided under the terms of this Contract by the parties to any other shall be in writing and shall be
given by hand -delivery or by certified or registered mail, return receipt requested. Notice shall be sufficient if
made or addressed to the party at the address listed in the signature line of this Contract. Notice shall be deemed
effective upon receipt. Each party may change the address at which notice may be sent to that party by giving
notice of such change to the other party by certified mail, return receipt requested.
5.54. Captions
The captions herein are for convenience and identification purposes only, are not an integral part hereof, and
are not to be considered in the interpretation of any part hereof.
5.55. USDA/TDA Special Terms and Conditions
The following terms and conditions apply to all procurements and purchases involving federal School Nutrition
Program funds. In the event of a conflict or inconsistency between the following terms and conditions and any
provision of the Agreement, the procurement solicitation issued by HCDE, or the portion of Vendor's proposal
submitted in response to HCDE's procurement solicitation that is satisfactory to HCDE, the following terms and
conditions shall control.
5.55.1. Market Basket Analysis
HCDE/CP reserves the right, in its sole discretion, to use a "Market Basket Analysis" method, as that term is
defined by applicable USDA/TDA regulations and guidance. The Market Basket Analysis sample is established
to represent 75% of the total estimated value of the Contract. The most recent velocity/sales report(s) from
HCDE/CP's current supplier(s) was used to project the balance of the year and adjusted for any estimated change
in menu and participation for the following year. As a result, this list of [100] goods to be purchased under this
procurement solicitation and any resulting Contract includes the top [60] goods purchased by dollar volume
representing the 75% threshold. Prices for the remaining [40] goods listed in this procurement solicitation should
also be included, though they will not be a part of the Market Basket Analysis. The Market Basket Analysis
shall not be used for service or equipment contracts/procurement solicitations or for Fee -For -Service Processing
contracts.
5.55.2 Material Change
If a material change (as the term is defined by TDA rules and regulations) to a contract entered into between
HCDE/CP and Vendor occurs, then the contract will not be renewed upon the conclusion of its term. Upon the
expiration of the term, HCDE/CP may issue a new RFP for the goods or services procured under the previously -
existing contract. Material change for purposes of this Section 5.55.2 means a modification that substantially
exceeds the terms of the original contract between HCDE/CP and Vendor.
5.55.3 Supplemental Contracts
Supplemental Contracts are entered into pursuant to the piggyback method delineated in the U.S. Department of
Agriculture directive SP 35-2012. Should the "piggybacking" result in a material change to the Contract,
HCDE/CP will proceed under Section 5.55.2 of this RFP.
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5.55.4 New Products
During the Term of a Contract awarded under this RFP, additional purchases not included in the original RFP
list and resulting awarded contract may become necessary and benefit HCDE/CP members. Vendor and
HCDE/CP agree that the aggregate value of added purchases during each year of the Contract (if renewed) shall
not exceed 10% of the estimated total value of the Contract. The total value of the Contract must be agreed upon,
and the dollar value listed in the Contract and each renewal term of the Contract (if any). For purposes of this
section, the total value of the Contract includes all contracts awarded as a result of the procurement solicitation
to all vendors. For the initial Term of a Contract awarded under this RFP, Vendor and HCDE/CP agree that the
total value of the Contract shall be $400 million. Additions of new products may be included in the awarded
Contract list during the renewal of the Contract through an amendment to the Contract, and the total Contract
value adjusted accordingly. For each renewal term of the Contract, the total actual value of the Contract in the
preceding year and the additional new product(s) made during that Term will be the basis for determining the
maximum dollar amount (not to exceed 10%) of the additional new product(s) that will be allowed during the
next Contract renewal term.
5.55.5 Bonds
Vendor shall provide all bonds, including bid guarantee, performance bond, and payment bond, as applicable
under U.S. Department of Agriculture and/or Texas Department of Agriculture rules.
5.55.6 Use by Other Governmental Entities
In the event that HCDE/CP allows other governmental entities to "piggyback" onto any existing contract between
HCDE and Vendor entered into pursuant to this procurement solicitation, Vendor agrees and understands that
such other governmental entities may include "school food authorities," as that term is used in SP 35-2012.
Should the "piggybacking" result in a material change to the Agreement for purposes of USDA/TDA purchases,
HCDE/CP will proceed under the foregoing section entitled "Material Changes."
5.55.7 No Guarantee of Quantities
Quantities for purchases paid for with School Nutrition Program funds are subject to change for various reasons,
which include, but are not limited to the following: USDA commodity allocation(s), variations in student
population, production item substitution(s), changes in consumer taste or expectations, pricing, and nutrition
regulatory changes.
5.55.8 Buy American Act
The Buy American Act, set forth in 7 C.F.R. Part 210.21(d), requires that participants in the National School
Lunch Program and School Breakfast Program use the federal nonprofit food service funds, to the maximum
extent practical, to buy domestic commodities or products for Program meals. 7 CFR Part 210.21(d) defines a
"domestic commodity or product" as one that is either produced in the U.S. or is processed in the U.S.
substantially using agricultural commodities that are produced in the U.S. "Substantially" means that over 51
percent of the final processed product consists of agricultural commodities that were grown domestically.
Because many HCDE/CP members participate in the National School Lunch Program and School Breakfast
Program, HCDE/CP requires Vendor to certify whether its products are "domestic commodities or products", as
defined by 7 C.F.R. Part 210.21(d). Accordingly, Vendor agrees to provide certification and any necessary
documentation requested by HCDE/CP member that the food product was processed in the U.S. and the
percentage of U.S. content, by weight or volume, in the food component of processed food products supplied to
HCDE/CP members. A "domestic commodity or product" is defined as one that is either produced in the U.S.
or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided
in 7 C.F.R. 210.21(d). "Substantially" means that over 51 percent of the final processed product consists of
agricultural commodities that were grown domestically. When USDA Foods items are manufactured into
processed end products, 51 % of resulting food products must be of United States origin.
Vendor certifies that Vendor shall provide food products that meet the Buy American provision. Vendor
further certifies that, in compliance with the Buy American provision, its products are "domestic
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commodities or products" as defined by 7 C.F.R. § 210.21(d). Vendor further certifies that the food
products it supplies are processed in the U.S. and Vendor shall certify the percentage of U.S. content, by
weight or volume, in the food component of processed food products supplied to the District.
If Vendor is repetitively unable to provide domestic food products, HCDE/CP member may require Vendor to
provide evidence that Vendor is capable of fulfilling the terms and conditions of the Contract and specifically,
the Buy American provision. If HCDE/CP member determines that Vendor is not capable of fulfilling the terms
and conditions of the Contract and/or specifically, the Buy American provision, HCDE/CP member may
terminate its Contract with Vendor. Vendor shall provide documentation that demonstrates that food products
meet the Buy American provision.
Vendor must notify the District if a delivery contains non -domestic products, so the District may approve delivery
as an exception to the Buy American provision. Vendor certifies that it will adhere to the notification
requirements for the Buy American provision.
Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception
may be approved by the CP member, upon request, by occurrence (i.e., delivery). Blanket exception approvals
are not allowed. The District must determine that the use of a non -domestic food product is appropriate, using
the USDA -prescribed questions in making the decision. See "Requirements for an Exception," ARM Section
17b Buy American, at p. 19 (August 12, 2020). Vendor agrees to provide information to the District that will
assist the District in this determination. The decision to purchase or accept delivery of a non -US product must
be made by the District. Vendor agrees to comply with all requirements imposed by applicable law, USDA/TDA
guidance, and the District concerning Buy American provision exceptions.
Vendor further agrees to provide HCDE/CP members with documentation verifying that a domestic product is
not available and the cost range is reasonable within a reasonable time upon request by HCDE/CP members.
In the event Vendor or Vendor's supplier(s) are unable or unwilling to certify compliance with the Buy American
Provision, or the applicability of an exception to the Buy American provision, HCDE/CP members may decide
not to purchase from Vendor and/or HCDE/CP may terminate the Contract if Vendor is incapable of fulfilling
the terms and conditions of the Contract, including the Buy American requirements.
Additionally, HCDE/CP members may require country of origin on all products and invoices submitted for
payment by Vendor, and Vendor agrees to comply with any such requirement.
5.55.9 Records Retention
When school nutrition program funds are expended by HCDE or any CP member pursuant to this Contract,
Vendor certifies that it will comply with the record retention requirements promulgated by USDA/TDA. Vendor
further certifies that Vendor will retain all records as required by USDA/TDA for a period of five (5) years after
the end of the fiscal year to which the documentation/records pertain. Vendor further certifies that these records
must be accessible to appropriate HCDE/CP member and federal or state reviewers. See TDA ARMS Manual,
17.107.
5.56. FEMA Special Terms and Conditions
The following terms and conditions apply to all procurements and purchases involving federal funds disbursed
(by grant, reimbursement, or other financial assistance) by the Federal Emergency Management Agency
("FEMA"). In the event of a conflict or inconsistency between the following terms and conditions and any
provision of the Agreement, the procurement solicitation issued by HCDE, or the portion of Vendor's proposal
submitted in response to HCDE's procurement solicitation that is satisfactory to HCDE, the following terms and
conditions shall control.
5.56.1. Time and Materials
Any time and materials contract must include a ceiling price that the Vendor exceeds at its own risk. The Vendor
also agrees for Vendor to assert a high degree of oversight in order to obtain reasonable assurance that the Vendor
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is using efficient methods and effective cost controls, and Vendor agrees to fully cooperate with such oversight
measures. 2 CFR § 200.3180)(1).
5.56.2. No Involvement in Development of RFP Specifications
Vendor acknowledges that Vendor was not involved with developing or drafting the specifications, requirements,
statement of work, invitation for bids or request for proposals for this procurement solicitation. 2 CFR §
200.319(a).
5.56.3. "Cost plus a percentage of cost" Contracts Prohibited
"Cost plus a percentage of cost" or "percentage of construction cost" forms of contract are prohibited under the
Federal procurement standards and are ineligible for FEMA reimbursement. 2 CFR § 200.323(d).
5.56.4. Bonding Requirements
In accordance with 2 CFR § 200.325, for construction or facility improvement contracts or subcontracts
exceeding the federal Simplified Acquisition Threshold, the Federal awarding agency or pass -through entity may
accept the bonding policy and requirements of HCDE/the CP member provided that the Federal awarding agency
or pass -through entity has made a determination that the Federal interest is adequately protected. If such a
determination has not been made, the minimum requirements must be as follows: (a) A bid guarantee from each
bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such
as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder
will, upon acceptance of the bid, execute such contractual documents as may be required within the time
specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's
obligations under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract
price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of
all persons supplying labor and material in the execution of the work provided for in the contract.
5.56.5. Access to Records
All contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply
with applicable provisions governing Department of Homeland Security and FEMA access to records, accounts,
documents, information, facilities, and staff.
5.56.6. Use of Logos
Vendor acknowledges and agrees that Vendor is prohibited from using Department of Homeland Security seals,
logos, and flags without specific FEMA pre -approval.
5.56.7. FEMA Financial Assistance
Vendor acknowledges that FEMA financial assistance will be used to fund the Contract and/or a Supplemental
Contract, and Vendor agrees to comply with all applicable federal law, regulations, executive orders, and FEMA
policies, procedures, and directives.
5.56.8. Federal Government is not a party to the Contract/Supplemental Contract
Vendor acknowledges and agrees that the Federal Government is not a party to the Contract and/or a
Supplemental Contract and is not subject to any obligations or liabilities to HCDE or the CP member, Vendor,
or any other party pertaining to any matter resulting from the Contract and/or a Supplemental Contract.
5.56.9. Administrative Remedies for False Claims and Statements
Vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements)
applies to the Vendor's actions pertaining to the Contract and/or a Supplemental Contract
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00T1Dl12I17UIoleo &OX111W :3ao11L'1A0404I
HARRIS COUNTY DEPARTMENT OF EDUCATION AND ITS
CHOICE PARTNERS DIVISION AND CHOICE PARTNERS AWARDED VENDOR
This Amendment to Contract between Harris County Department of Education, including its Choice Partners
Division, and the Choice Partners Awarded Vendor is entered into effective as of the 17th day of January,
2024, by and between Harris County Department of Education ("HCDE") and the Choice Partners Awarded
Vendor ("Vendor").
WHEREAS, HCDE and Vendor have entered into a contract pursuant to a competitive procurement solicitation
("RFP") issued by HCDE and its Choice Partners cooperative that allows HCDE and CP members to purchase
goods and/or services awarded as a result of the competitive procurement ("Contract");
WHEREAS, via correspondence dated December 20, 2023, the Texas Department of Agriculture ("TDA")
notified all Texas cooperative purchasing organizations, including HCDE and its Choice Partners cooperative,
that cooperatives were required to execute an amendment to existing contracts "to strike problematic language"
resulting from a Management Evaluation of TDA by the United States Department of Agriculture;
WHEREAS, Section 5.3 of the Contract states, in pertinent part, "No amendment of this Contract shall be
permitted unless and until first approved in writing by HCDE/CP and, if necessary, the CP member(s), and
no such amendment shall have any effect unless and until a written amendment to this Contract is executed
by the HCDE Superintendent or his designee after any necessary approvals have been obtained from the
HCDE Board of Trustees;"
WHEREAS, this Amendment is necessary per TDA's correspondence referenced above and has been
approved by HCDE; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in the Contract
and this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, this Amendment is entered into as follows:
Section 1.2.8, "HCDE/CP Administrative Fee" or "HCDE/CP Fee" of the Contract is revised as follows:
The following footnote is added: 1
The following sentence is deleted: "The HCDE/CP Fee must be included in the
Vendor's price submitted in its proposal in response to this RFP."
The following sentence is added: "The HCDE/CP Fee must not be charged to CP
members. All rebates, discounts, and other applicable credits from the Vendor
resulting from Supplemental Contract(s) shall accrue exclusively to CP members."
2. Section 4.21, "Evaluation of Proposals," of the Contract is replaced with the following (including
footnotes 2 and 3, below):
HCDE/CP represents that it has considered each of the criteria in Texas Education Code
§ 44.031(b), thereby fulfilling Section 44.031(b)'s requirement that it "shall consider" the
criteria listed in 44.031(b); in accordance with Module 5 of the TEA FASRG and
1 The HCDE/CP Administrative Fee is expressly separate from and is not a part of the pricing paid by CP members;
the HCDE/CP Administrative Fee is paid exclusively by the awarded Vendors and must not be passed on or charged
to CP members by the Vendor. All pricing from any contract awarded pursuant to this RFP is fixed pricing. No
pricing structure that charges the cost of the product or service plus a percentage of cost is allowed.
applicable federal laws,' HCDE/CP has determined which criteria should be considered
most important and has assigned weights/points to each criterion based on its importance.
A committee of HCDE/CP employees and/or CP members will review and evaluate
proposals and make a recommendation to the HCDE Board of Trustees. HCDE/CP will
base a recommendation for contract award on the following factors with a minimum score
of 70 to be considered for award:
The evaluation criterion "Location in Texas" is deleted from the evaluation criteria. (Note that zero
points were provided for the "Location in Texas" criterion in the original RFP and Contract).
4. The Harris County Department of Education Vendor Questionnaire "Certificate of Residency"
provision in the Vendor Packet incorporated into the Contract is revised as follows:
The following sentence is added: "The following provision does not apply to a
contract involving federal funds."
5. Except as expressly amended by this Amendment, the Contract shall continue in full force and effect,
according to its original terms.
6. In the event Vendor has any objection to this unilateral amendment to the Contract, Vendor shall
provide prompt written notice of any such objection no later than February 16, 2024; written notice
must be provided to Trisha Prestigiacomo, Assistant Director of HCDE Choice Partners. If no written
objection is received by February 16, 2024, Vendor will be deemed to have consented to this
Amendment.
Harris County Department of Education
32,w Al2f2Lcm
Jesus Amezcua (Jan 30, 202409:43 CST)
Jesus Amezcua, Ph.D., CPA, RTSBA
Assistant Superintendent of Business Services
2 As a general rule, HCDE/CP may not apply geographic preferences for procurements involving federal funds. See 2 C.F.R. §
200.319. However, HCDE/CP may apply an optional geographic preference in the procurement of unprocessed locally grown or
locally raised agricultural products for use in a Child Nutrition Program. See 7 C.F.R. §§ 210 (National School Lunch Program),
215 (Special Milk Program for Children), 220 (School Breakfast Program), 225 (Summer Food Service Program), 226 (Child and
Adult Care Food Program).
3 HCDE/CP has the option to adjust (increase or decrease) the minimum score to be considered for award in the best interest of
HCDE/CP and its members.
Harris County
.)epartment of
Education
24/002TC
DRC Fort Worth, LLC
DRC Fort Worth LLC
Supplier Response
Event Information
Number: 24/002TC
Title: (1) Disaster Mitigation Commodities/Services with (2) Disaster
Recovery Job Order Contract Services Component
Type: C S P
Issue Date: 8/7/2023
Deadline: 8/21/2023 02:00 PM (CT)
Notes: It is HCDE policy not to discriminate on the basis of race, color,
national origin, gender, limited English proficiency or handicapping
condition in its programs. Harris County Department of Education is
announcing the release of the following Request for Proposal (RFP):
23/044TC (1) Disaster Mitigation Commodities/Services with (2)
Disaster Recovery Job Order Contract Services Component. Bid
Documents may be obtained at www.choicepartners.org under eBid
System. Any questions related to this bid should be submitted on the
www.choicepartners.org website in the eBid System. Interested
proposers are encouraged to thoroughly read the RFP.
Page 1 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
Contact Information
Contact:
Tami Cyrus
Address:
CP Contract Manager
NPO
2nd
6005 Westview Dr
Houston, TX 77055
Phone:
(713) 696-1337
Email:
Tamara.Cyrus@hcde-texas.org
Page 2 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
DRC Fort Worth, LLC Information
Address: 10101 Hicks Field Rd.
Suite 111
Fort Worth, TX 76179
Phone: (817) 232-3333
Email: Cweidner@servpronorthfortworth.com
Web Address: servpronorthfortworth.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Casey Weidner office@servpronorthfortworth.com
Signature Email
Submitted at 8/21/2023 01:02:32 PM (CT)
Requested Attachments
HUB/MWBE Certification
No response
Attach any HUB, M/WBE, and/or SBE Certifications your company may hold.
Please send current copies only.
Insurance Coverage
All Updated Insurance - HCDE
additional insured.pdf
Attach your most recent insurance coverage that meets the requirements as
stated in section 5.44 of the CSP
Document
Company Logo
SERVPRO Logo.jpg
Attach your company logo in .JPG format
Link to Vendor's website
Website.pdf
Include your website link here.
Marketing Plan
Marketing Plan - HDCE with
Example.pdf
How will you market your contract with HCDE/Choice Partners?
Safety Record
Safety Record - HCDE - Choice
Partners.pdf
Include your Safety record, which is defined as proposer's OSHA inspection logs
for the last three years, a loss
analysis from proposer's insurance carrier, and a loss history covering all lines of insurance coverage carried by the
proposer.
Form 1295
HCDE Form 1295 for RFP #24-
002TC.pdf
Upload your completed form as registered with the Texas Ethics Commission.
They will provide you an unique number.
(Please note: the Form 1295 does not need to be notarized as of January 1,
2018.) *Failure to submit may disqualify
your submission*
Section 10.0 Attachments
10.0_Attach ment_Packet_w_HghIt
s_SERVPRO_nftw.pdf
Attach your completed attachments (Section 10.0)
Exceptions
No response
Exceptions to the contract MUST be redlined in the Terms and Conditions Section
5.0. Failure to include/upload these
items may result in non -award.
Quality Assistance/Quality Control (QA/QC) Program
Quality Assurance - Quality
Control.pdf
Quality Assurance/Quality Control Program (description can be found under the attribute #75 in eBid.)
Page 3 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
Balance Sheet and Profit -Loss -
Financial Capability HCDE Bid.pdf
Vendors financial capability (ex. Financial statement, balance sheet, etc.) for the last 3 years; stamped
CONFIDENTIAL.
DRC Fort Worth LLC Good Guy
Surety letter Letter.pdf
Please upload Surety Letter showing Vendor's bonding capacity.
Org Chart with Applicable
Org Chart Resumes.pdf
Upload a copy of company organization chart (Proposed personnel / organization chart) and applicable resumes.
Office locations Office Location - Contacts.pdf
Provide office locations with key contacts (title, email, and phone number)
Previous Work History -HCDE -
Previous Work History Choice Partners.pdf
Provide previous work history with local government agencies within the past 5 years; current Choice Partners
members. Other projects completed within the past 10 years. Include project highlights such as construction cost,
completion date, client name, pictures of completed work. Also include any reference letters.
Give us a Unit Price Book line -item example using your suggested HCDE Unit Price Book - UPB
Xactimate Aug 2023 Inc O&P.xlsx
coefficient
Use one of the CSP specified unit price books to show us your demonstrated ability to perform job order contracting
service estimating with the line -item estimates. Not attaching a UPB estimate example may disqualify you.
Maintenance Rates for Labor 2023 Labor Rates.xlsx
This is the pricing sheet you will use for time costs when doing service/maintenance work for our members.
Materials Maintenance Pricing 2023 Material Rates.xlsx
This is the pricing you will use for material when doing service/maintenance work for our members. Catalogs or pricing
methodology such as cost plus a percentage.
Bid Attributes
1 Company Name
Please provide your company name.
I DRC Fort Worth LLC, d/b/a SERVPRO of North Fort Worth
2 Company Street Address
Please provide your company street address.
110101 Hicks Field Rd.
3 Company City
Please provide your company city.
Fort Worth
4 Company State
Please provide your company state.
Texas
5 Company Zip Code
Please provide your company zip code.
176179
Page 4 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
6 Company Phone
Please provide your company phone number.
1 (817) 232-3333 1
7 Company Website
Please provide your company's website address. A website is mandatory for consideration with this proposal. This
should be a page that describes the products/services for which you were awarded the contract - if you have many
products/services not within the award, it is best to create a unique landing page for our members.
www.servpronorthfortworth.com
8 1 Company Logo
Please include a jpg file of your company logo in the Response Attachments Section of this RFP.
9 Company Description
Please provide a short description of your company (255 characters max). This information will be used on the
Choice Partners website to market your contract to our members.
professional restoration and cleaning company that specializes in handling a wide range of emergency situations
such as water damage, fire damage, mold infestations, and other property -related disasters.
1 I Organization Chart
U Please include your company organization chart in the Response Attachments Section on this RFP.
Geographic Coverage
Can your contract with Choice Partners be accessed locally, statewide, or nationally by our members?
Locally
1 Geographic Coverage Continued
2 If "NOT Nationally" was selected, please select the State covered.
If Nationally, select N/A.
Texas
1 Regions Covered
3 If "Locally" was selected, please select which Education Service Center (ESC) Region(s) the vendor's
products/services can be offered.
If not, select N/A.
11 Fort Worth I
Page 5 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
1
4
Principal Place of Business
List the City and State of Vendor's principal place of business.
To comply with the non-resident vendor laws detailed in TEX. GOV'T. CODE Chapter 2252, HCDE/CP must
determine the residency of its vendors. HCDE/CP may not award a contract to a nonresident bidder unless the
nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than
the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a
comparable contract in the state in which the nonresident's principal place of business is located. See TEX. GOV'T.
CODE 2252.003. This requirement does not apply to a contract involving federal funds. "Resident bidder" is a
person whose principal place of business is in Texas, including a contractor whose ultimate parent company or
majority owner has its principal place of business in Texas. "Nonresident bidder" is a person who is not a resident.
See TEX. GOV'T. CODE 2252.001.
Fort Worth and surrounding areas including regions 9, 10 and 11
1 Annual Sales
5 What is your company's annual sales volume in dollars?
1 $40000001
1 Years in Business
6 How many years has your company been in business?
1 31
1 FTEs
7 How many full time employee's does your company have?
1 251
1 Employees in State
8 State whether the proposer or the proposer's ultimate parent company or majority owner employs at least 500
persons in this state (Texas).
No, our company does not have 500 or more in state
1 Minority and Women's Business Enterprise (MWBE/MBE)
9 Please indicate if your company is currently a MWBE/MBE. If your company is not a MWBE/MBE, please indicate by
selecting "none".
If your company does hold a certificate, please upload the certificate in the Response Attachments
Section of this RFP.
None 1
2 Historically Underutilized Business (HUB)
U Please indicate if your company is currently a HUB. If your company is not a HUB, please indicate by selecting
"none".
If your company does hold a certificate, please upload the certificate in the Response Attachments
Section of this RFP.
None I
Page 6 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
2 Small Business Enterprise (SBE)
Please indicate if your company is currently a SBE. If your company is not a SBE, please indicate by selecting
"none".
If your company does hold a certificate, please upload the certificate in the Response Attachments
Section of this RFP.
INone
2 Persons with Disabilities Business Enterprise (PDBE)
2 Please indicate if your company is currently a PDBE. If your company is not a PDBE, please indicate by selecting
"none".
If your company does hold a certificate, please upload the certificate in the Response Attachments
Section of this RFP.
INone I
2 Disadvantaged Business Enterprise (DBE)
3 Please indicate if your company is currently a DBE. If your company is not a DBE, please indicate by selecting
"none".
If your company does hold a certificate, please upload the certificate in the Response Attachments
Section of this RFP.
INone I
2 Catalog Discount
4 Indicate an list rice adjustment (percentage off you intend on providing during the contract period, the type of
Y p 1 (p 9 ) Y p g g p Yp
pricing and on what it is based (CPI, MSRP, Price List, Website Pricing, Catalog).
(Example: 10-20% off Catalog MSRP)
Then upload the corresponding catalog in the Response Attachments Section of this RFP.
112-15% off UPB Price List
2 Pricing/Payment Information
5 A. In addition to the typical unit pricing furnished herein, vendor agrees to offer all future product introductions at
prices that are proportionate to the contract price(s).
If answer is "no", attach a statement detailing how pricing for HCDE/CP members would be calculated.
IYes I
2 Pricing/Payment Information Continued
6 B. Pricing submitted shall include the required CP administrative fee. If you mark NO, you will be deemed non-
responsive.
IYes
2 Pricing/Payment Information Continued
7 C. Vendor agrees to remit to CP the required administrative fee
IYes
Page 7 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
2 Pricing/Payment Information Continued
8 D. Additional discounts for purchase of a guaranteed quantity
�No 1
2 Pricing/Payment Information Continued
9 E. Pricing submitted includes all transportation charges (FOB Destination). *Separate/additional transportation
charges will not be paid by HCDE/CP or member.
Yes
3 Pricing/Payment Information Continued
U F. Vendor will accept all forms of Purchase Orders.
Yes 1
3 Pricing/Payment Information Continued
G. Does the vendor require HCDE/CP member to provide Tax Exempt Forms for each Purchase Order?
Yes
3 Pricing/Payment Information Continued
2 H. Capable of handling Electronic Funds Transfer (EFT) payment(s).
If "yes", detail which EFT formats (CTX, CPT, etc.) vendor supports below on #33.
Yes I
3 Pricing/Payment Information Continued
3 H.1. EFT Formats.
�CTX
3 Pricing/Payment Information Continued
4 I. Does the vendor require credit requirements of HCDE/CP and/or member prior to acceptance of a Purchase
Order?
If "yes", describe the credit requirements below on #35.
�No I
3 Pricing/Payment Information Continued
5 1.1. Describe credit requirements
No response
3 Pricing/Payment Information Continued
6 J. Does the vendor have licenses for all states indicated on #9-Geographic Coverage?
If "no", list which state(s) does vendor not have required licenses and why below on #37.
Yes I
3 Pricing/Payment Information Continued
7 J.1. List of state(s) vendor does not have licensing and why
No response
Page 8 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
3 E-Commerce
8 Vendor has E-Commerce capabilities.
Yes I
3 References
9 The vendor is to submit three (3) references that have contracted with their company to provide like products
and/or services. Include the entity name, phone number, contact person, and email address. It is recommended that
the vendor use school districts or other local governmental agencies equal to Choice Partners in size and structure,
if possible.
Please contact your references before including in this section. CP will send a brief email survey to
your references, so use current email addresses. References will have a very short response time, so
please encourage them to respond immediately when they receive our email.
Reference responses will affect your scoring.
4 Reference #1 Entity Name
U Include the entity name for Reference #1
Homes of Parker Commons
4 Reference #1 Contact Person
1 Include the contact person for Reference #1
�Adrianne Luper - Property Manager
4 Reference #1 Phone Number
2 Include the phone number for Reference #1
1 (817) 870-1739 1
4 Reference #1 Email Address
3 Include the email address for Reference #1. Please confirm correct email address with your reference
before submitting.
adrianne.luper@rpmliving.com
4 Reference #2 Entity Name
4 Include the entity name for Reference #2
1 City of Saginaw
4 Reference #2 Contact Person
5 Include the contact person for Reference #2
1Jonathan Reames -Wastewater Superintendent
4 Reference #2 Phone Number
6 Include the phone number for Reference #2
1 (817) 819-8334 1
4 Reference #2 Email Address
7 Include the email address for Reference #2. Please confirm correct email address with your reference
before submitting.
ljreames@saginawtx.org
Page 9 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
4 Reference #3 Entity Name
8 Include the entity name for Reference #3
1 City of Haslet
4 Reference #3 Contact Person
9 Include the contact person for Reference #3
1 Katrina White - Administrative Svc/Special Events
5 Reference #3 Phone Number
U Include the phone number for Reference #3
1 (817) 439-5931 x100 1
5 Reference #3 Email Address
Include the email address for Reference #3. Please confirm correct email address with your reference
before submitting.
kwhite@haslet.org
5 Proposer Purchase Order/Quote Contact Name
2 Proposer shall provide the contact name of the individual that is responsible for purchase orders and quotes from
our members.
Kate Rankin
5 Proposer Purchase Order/Quote Contact Phone Number
3 Proposer shall provide the phone number of the individual that is responsible for purchase orders and quotes from
our members.
1 (817) 232-3333 1
5 Proposer Purchase Order/Quote Contact Fax Number
4 Proposer shall provide the fax number of the individual that is responsible for purchase orders and quotes for our
members.
1 (817) 232-3333 1
5 Proposer Purchase Order Contact Email Address
5 Proposer shall provide the email address of the individual that is responsible for processing and confirming
purchase orders.
office@servpronorthfortworth.com
5 Proposer Marketing Contact
6 Proposer shall provide the contact name of the individual that is responsible for marketing your company.
Scott Blind
5 Proposer Marketing Contact Phone Number
7 Proposer shall provide the phone number of the individual that is responsible for marketing your company.
1 (682) 970-4880 1
5 Proposer Marketing Contact Fax Number
8 Proposer shall provide the fax number for the individual that is responsible for marketing your company.
1 (817) 232-3333 1
Page 10 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
5 Proposer Marketing Contact Email Address
9 Proposer shall provide the email address of the individual that is responsible for marketing your company.
sblind@servpronorthfortworth.com 1
6 Proposer Accounting Contact Name
U Proposer shall provide the contact name of the individual that is responsible for accounts payable for your
company.
Kate Rankin
6 Proposer Accounting Contact Phone Number
Proposer shall provide the phone number of the individual that is responsible for accounts payable for your
company.
1 (817) 232-3333 1
6 Proposer Accounting Contact Fax Number
2 Proposer shall provide the fax number of the individual that is responsible for accounts payable for your company.
6 Proposer Accounting Contact Email Address
3 Proposer shall provide the email address of the individual that is responsible for accounts payable for your
company.
krankin@servpronorthfortworth.com
6 Proposer Administrative Fee Contact Name
4 Proposer shall provide the contact name of the individual that is responsible for completing and returning monthly
usage reports for your company.
Kate Rankin
6 Proposer Administrative Fee Contact Phone Number
5 Proposer shall provide the phone number of the individual that is responsible for completing and returning monthly
usage reports for your company.
1 (817) 232-3333 1
6 Proposer Administrative Fee Contact Fax Number
6 Proposer shall provide the fax number of the individual that is responsible for completing and returning monthly
usage reports for your company.
1 (817) 232-3333 1
6 Proposer Administrative Fee Contact Email Address
7 Proposer shall provide the email address of the individual that is responsible for completing and returning monthly
usage reports for your company.
krankin@servpronorthfortworth.com
6 Monthly Usage Reporting
8 Monthly reports showing contract usage are a mandatory part of contract terms for this proposal. Please indicate
that you understand this commitment and will send reports monthly.
Yes, I understand and will send reports monthly I
Page 11 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
6
9
Marketing Plan
How will you market your products/services with Choice Partners?
A. Describe the vendor's quotation/proposal process
B. Vendor's marketing manager, experience in marketing to CP members on a regional basis, whether the marketing
manager is a full-time position, and whether the marketing manager is committed to marketing this contract.
C. Detail whether the marketing plan will be managed at the vendor's local project office or corporate office and
whether there is a stated corporate commitment.
D. Detail vendor's resources committed to the marketing plan, handouts, brochures, conferences to attend, and
vendor's proposed marketing budget.
E. Provide a sample of any advertising used by vendor.
Please attach handouts, brochures and sample advertising in the Response Attachments Section of this
RFP.
A. Vendor's Quotation/Proposal Process: Our vendor's quotation/proposal process is streamlined and efficient.
Upon receiving project details, we conduct a thorough analysis to ensure a comprehensive understanding of the
requirements. This enables us to provide accurate and transparent pricing aligned with Cooperative members'
needs. Our proposals are detailed, outlining how our services directly address their specific disaster mitigation and
recovery requirements. B. Vendor's Marketing Manager and Experience: Our seasoned Marketing Manager has
25 years of marketing these and other similar services. This is a full time roll and they'll make a focused effort to
Choice Partners members. Our Marketing Manager is committed to promoting this contract with Choice Partners.
C. Management of Marketing Plan: The management of our marketing plan occurs at our corporate Franchise
office, a hub of resources for efficient execution. Our franchise commitment to this marketing effort ensures that it
receives the necessary resources and support for success. This centralized approach allows us to maintain
consistency in messaging and strategy implementation. D. Vendor's Committed Resources and Marketing Budget:
Our marketing plan is well -supported with the following resources: • Informative Materials: We have designed
engaging handouts and brochures that succinctly communicate the benefits of our Disaster Mitigation and
Recovery services. • Strategic Conferences: We will participate in relevant conferences frequented by CP
members, providing opportunities for networking and relationship -building. • Marketing Budget: We have allocated
10% of the marketing budget for marketing activities, including materials, event participation, and advertising.
7 Conference Participation
U Vendor agrees, as part of its educational marketing programs, to participate in statewide or regional conferences
(approximately five per year).
Yes I
7
1
Conference Listing
Please list those conferences that you currently attend or will attend as a result of this contract award.
TASA/TASB Convention (Texas Association of School Administrators/Texas Association of School Boards): TCEA
Area Conferences: TCEA often hosts regional conferences around the state, and there's a possibility that they
could have an event in or around Tarrant County. These conferences focus on educational technology. TASBO
Region 11 Meeting: TASBO's Region 11 covers the Fort Worth area, so there could be local meetings or events
relevant to school business officials in this region. Fort Worth Region Vendor Fairs: Education Service Center
Region 11 (ESC 11) might host vendor fairs or professional development events for educators and administrators
in the Fort Worth area. Texas Council for the Social Studies (TCSS) Conference: This conference, which focuses
on social studies education, could be of interest to vendors offering educational resources and materials. Tarrant
County College Education Conference: Tarrant County College might host conferences or workshops for
educators, which could provide vendor opportunities. Texas Library Association District Events: TLA districts may
organize local events that focus on library services and education, which could include vendor exhibitions. Local
Education Consortium Events: Check for events organized by local education consortiums or cooperatives that
serve Tarrant County schools. These events might have vendor showcases.
Page 12 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
7
2
Training
A. Describe how vendor will interact with HCDE/CP or CP Member.
B. Describe vendor's training program for HCDE/CP staff and/or CP member for a proposed schedule of topics and
include any proposed training literature or materials.
C. Describe the scope of training opportunities vendor will make available to HCDE/CP and.or CP members, as
needed.
Training will consist of directly engaging the correct point(s) of contact with each of the members. Setting up lunch
and learns (if allowed), emails educating members will be provided to help them reduce risks, costs, and provide
them resources. We strive to partner with our clients to ensure their needs are met. Meeting clients' needs in a
cost effective and efficient manner is one of the strongest means in the training process.
7 Administrative Information
3 Provide company's Unique Entity Identifier (UEI) number.
UEI is a 12 character alphanumeric ID assigned to an entity by sam.gov
H331 KMHGJ1 N6
7 Accounting Information
4 A. Describe how vendor will invoice the CP member.
B. Discuss the invoicing options vendor offers and the payment terms for each.
Through email via Quickbooks online
7 Quality Assistance/Quality Control (QA/QC) Program
5 Please attach your company's response to the QA/QC questions in the Response Attachments Section
of this RFP.
A. Describe the vendor's customer service department, including hours of operation, number of service centers,
etc. Describe the involvement and amount of input of stall level employees in vendor's quality training incentive and
safety programs. Describe vendor's procedures to monitor the quality of its customer service and products.
B.Describe vendor's product support and service procedure. Detail the estimates time frame from a CP member's
request to when a product or service is provided and completed, taking into account the requirements detailed in
Section 5.0 Contract Terms and Conditions. Provide evidence of the vendor's ability to shorten the time frame
between receiving a service call to problem solution.
C. Describe how vendor deals with shipping delays. Indicate method and time frame in which vendor will notify CP
member of delay.
D. Detail the number of products vendor stocks and the location. Indicate whether vendor manufactures the
products.
E. Describe any quality awards or quality certificates the vendor has achieved. Provide supporting documentation
and background information about these awards and/or certificates.
F. HCDE/CP is committed to reducing waste and promoting energy conservation. To that end, vendors are
encouraged to provide their environmental policy and green initiative.
7 Online Order Link
6 Please provide website address for processing orders online (if applicable).
INA
Page 13 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
7 How to Place an Order
7 Please provide brief description of how to place an order with your company using Choice Partners contract.
Choice Partners requires that the vendor reference the HCDE/CP contract number on all quotes,
invoices, etc. when using this contract.
Call main number (817)232-3333 or email us at office@servpronorthfortworth.com
7 Delivery
8 Does your company provide delivery of your supplies and equipment offered to members in our cooperative?
Yes
7 Freight Terms
9 Please provide your freight terms under this contract. Please include any levels for free freight in addition to how
the price for freight will be determined.
INA
8 Credit Card Acceptance
U Can you take payments via credit card?
Yes
8 Credit Card Terms
1 Do you charge an additional fee for paying by credit card?
1 3% over $5,000
8 Texas Ethics Commission Form 1295
2 Please enter your confirmation number from the Texas Ethics Commission for form 1295 competition.
Upload your completed form in the Response Attachments Section of this RFP.
Uploaded
8 RS Means Software Contingency Agreement
3 If awarded a Contract under this CSP, Vendor shall purchase and maintain for the duration of the Contract a valid
license to one of the unit price books named in section 1.2.13, in order to adequately produce cost
estimates/quotes for HCDE/CP members under this JOC Contract. Failure to maintain a valid license to one of the
unit price books at any time during the Contract Term, HCDE/CP shall have the right, in its sole discretion, to (1)
demand that Vendor immediately come into compliance with the terms and conditions of the Contract, including this
provision; (2) immediately terminate the Contract upon written notice to Vendor; and/or (3) enforce the performance
of the Contract in any manner allowed by law. Does your company agree to hold a current license to one of the
cost data sets?
Yes
Bid Lines
1 This will require your hourly wages to be uploaded into the system for Disaster Mitigation Commodities /
Services (Maintenance) items.
UOM: EA Price: $167.50 1 Total: $167.50 1
Item Notes: Attach under Response Attachments all of your hourly wages and what they are for.
Page 14 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
2 RS Means (Regular Hours Coefficient) This is the co -efficient to be multiplied by the total sum taken from the
UPB right hand column.
Quantity: 1 UOM: Percentage No Bid
Item Notes: This is a not to exceed price. You can always give additional discounts if you would like. This is for
regular hours
3 RS Means (After Hours Coefficient) This is the co -efficient to be multiplied by the total sum taken from the UPB
right hand column for after hours construction.
Quantity: 1 UOM: Percentage No Bid
4 This is the coefficient to be used with The Craftsman National Construction Estimator.
Quantity: 1 UOM: Percentage
Item Notes: This is our back up cost book.
5 This is the coefficient to be used with The Sierra West Publishing UPB.
Quantity: 1 UOM: Percentage
Item Notes: This is our back up cost book.
6 This is your coefficient when using Xactimate.
Quantity: 1 UOM: Percentage
Item Notes: The coefficient includes all overhead and profit.
Total:
No Bid
95% 1
7 Usual and customary mark up for any non -pre -priced items that may come up. This is not a coefficient. It is a
percent mark up of actual cost.
Quantity: 1 UOM: Percentage Price: $20.00 1 Total: $20.00 1
Item Notes: This is normally between 10 and 20%. For best value, we recommend 10%.
Response Total: $187.50
Page 15 of 15 pages Vendor: DRC Fort Worth, LLC 24/002TC
Exhibit C - Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
FORM CIQ
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
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 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.
jJ 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
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
N/A
Name of Officer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(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.
N/A
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?
Yes 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?
71 Yes F1 No
J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
J
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
J
6#AP16� Apr29,2024
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
Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 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 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) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), 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 1/1/2021