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Home My WebLink AboutC2019-561 - 10/15/2019 - Approved ousCom` nh o SUPPLY AGREEMENT NO. 2348 Paper Goods and Janitorial Supplies NPORE 1852 THIS Paper Goods and Janitorial Supplies Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Gulf Coast Paper Co ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Paper Goods and Janitorial Supplies in response to Request for Bid No. BuyBoard 569-18 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Paper Goods and Janitorial Supplies in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $750,000.00,subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SCANNED City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Robert Presnell Department: Contracts and Procurement Phone: 361-826-1750 Email: robertpr@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11,2019 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, HCA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers, Bldg 6, Corpus Christi, TX 78415 Phone: 361-826-1750 Fax: 361-826-1690 IF TO CONTRACTOR: Gulf Coast Paper Co. Attn: Nelda Laurel Title: Sales Consultant Address: 1101 South Padre Island Dr., Corpus Christi, TX 78416 Phone: 361-852-5252 Fax: 361-852-1717 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11,2019 Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 CONTRACTOR Signature: ih(Oliwup Printed Name: _kL?'.r C-c?IA Ve/ Title: C52 le c Cord. t.4l Z?# Date: 07-D2 9-c201 CITY OF CORPUS CHRISTI 1U/Yyl, 2-- etO Kim Baker Director of Contracts and Procurement Date: `b • /4-1A'Q/V ATTEST: � `` � REB CCA HUERTA .. A' CITY SECRETARY Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. BuyBoard 569-18 Exhibit 2: Contractor's Bid Response / "1 )1 (r. Au I klUKILL► �a3 SECRETAi Supply Agreement Standard Form Page 7 of 7 Approved as Io Legal Form July 11,2019 cfas c410,41_ , w ATTACHMENT A: SCOPE OF WORK mac.-- a ;taBpaMI C 1852 1. General ReguirementsLBackground Information The City uses and stocks paper goods and custodial supplies at the City Warehouse for use by City departments. 2. Scope of Work The Contractor shall provide paper goods and custodial supplies including but not limited to, items listed on Attachment A-1. 3. Contractor Quality Control and Superintendence All paper goods and custodial supplies shall be defect free, properly packed and shipped to ensure a safe delivery. 4. Special Instructions A. Ordering and Delivery 1. City will place an order on as needed basis. 2. Contractor shall deliver the materials within two business days of received order to the City Warehouse, located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 3. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 4. Contractor must send Technical data sheet along with the delivery of the material when applicable. City will not accept any products that do not conform to the specifications. 5. If any items found defective, unusable or inoperable to the condition, Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6. Contractor understands and agrees that the City may, at its discretion, cancel any back orders due to the Contractor's inability to deliver the product within the set time frame. 7. Cancellations shall be in writing and sent to Contractor by email, fax or mail. 8. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractor's inability to meet the deadline delivery date. B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page lof 1 RFQ Revised 1.3.2018 ATTACHMENT A-1 DESCRIPTION DESCRIPTION CAN LINER 16 GAL (24"X 33"X TIDE POWD DETERGENT 20 OZ BX CAN LINER 55 GAL(38"X 60"X22M) DETERGENT POWDERED DISH MOP BUCKET WITH WRINGER CLEANER MULTI-PURPOSE QUART GARBAGE GALV CAN 20 GALW/LD CLEANER DEGREASER FOAM GARBAGE 32 GAL PLASTI ROUND DISINFECTANT BETCO AF-315 BROOM WAREHOUSE CORN CLEANER 1 LB CREME HAND BROOM PUSH 18" SOFT BRISTLE CLEANER HAND W/SCRUB GOJO2000 24" PUSH BROOM SOFT CLEANER HD HAND CHERY 1 GAL HANDLE THREADED METAL TIP CLEANER 4.5# CAN HAND BRUSH DECK 10"W/STIFF ANTIBACTERIAL SOAP DEB BRUSH TRUCK 10" W/SOFT HAND SANITIZER FOAM BROOM STREET 16"W/O HANDLE DISPENSER FOR HAND CLEANER HANDLE TAPER END ST BROOM DISPENSER TOILET SEAT COVER BROOM WISK STRAW 5.5"X 10" DISPENSER FOR 4.5 OZ CUPS MOP BOWL W/PLASTIC HANDLE DISPENSER PAPER TOWEL BRUSH FIBER SCRUB 20"X 2-3/4" DISPENSER ROLL TOWEL BAYWEST MOP COTTON 20 OZ W/HANDLE CUPS DRINKING 4.5 OZ SOLO CSE MOP HEAD 16 OZ BLEND CUPS DRINKING 4.5 OZ CONE/SLV HANDLE MOP 60" W/ CLAMP CUPS DRINKING 6 OZ SOLO CASE FRESHENER AIR METER MIST CUPS DRINKING 6 OZ CONES CLEANER BOWL NO ACID QT CAN WIPES-CITRUS ALL PURPOSE DISINFECTANT PINE PLUS NEUTRAL SEAT COVER-TOILET DISINFECTANT LEMON SCENT GAL PAPER BROWN KRAFT PAPER 36"X NATURAL POWER GAL CAN TOWEL ROLL ENMOTION PAPER ENMOTION PAPER TOWEL DISPENSER TISSUE TOILET ROLL 2 PLY 96/C REMOVER VANDALISM MARK]607 TISSUE MERFIN #208 CLEANER POWDERD COMET21 OZ CAN LINER(33"X 58"X 3.5 MIL) CLEANER KREAM KLEANER CASE OF PAPER WIPES-L40 CLEANER SD-20 SPARTAN 5GAL TOWELS NAT ROLL W/GROVE SOAP CAR WASH 5 GAL CAN CENTERPULL PAPER TOWELS CLEANER GLASS QT BOTTLES PAPER TOWEL ROLLED CLEANER DESCALER WIPES PAPER MEDIUM DUTY BOX CLEANER SPOT FREE GLAS QT CN TOWELS PAPER BRAWNY SCREENS URINAL RAGS WIPING CLOTH 25# BOX DEODORANT BLOCK W/ SCREEN TOWELS TASKMATE POPUP DISP DISINFECTANT LYSOL WIPES SANITUFF #91371 STWW CLEANER FOAM SURFACE TOWELS TEXAS CLEANER TUB &TILE FOAM SPRA DUSTER FEATHER FOAM SANITIZING PANS H.D METAL DUST SPRAY AIR FRESH 12 OZ CAN BOTTLE 32 OZ PLASTIC SOAP LAVA HAND 407 BAR 48/CS SPONGE JUMBO SOAP ANTIBACTERIAL HAND SPRAYER TRIGGER LOTION BARRIER 5 07 TUBE PLUNGER TOILET PLUNGER SOAP LIQUID HAND 40% COCO SQUEEGEE WINDOW 12" SOAP ANTISEPTIC LOTION 1 GAL SQUEEGEE 24"W/O HDLE SOAP ANTIMICROBIAL HAND WAX STRIPPER 1 GAL BRAVO Page 1 of 2 ATTACHMENT A-1 DESCRIPTION DESCRIPTION FLOOR FINISH 1 GAL JOHNSON SEALER FLOOR 5 GAL FLOOR FINISH 5 GAL ON & ON ENMOTION FOAM SOAP DISINFECTANT DMQ DAMP MOP LIME-A-WAY SPRAY BUFF 1 GAL.SNAPBAK PAD SCOURING GREEN 6 X 9 PAD 1"X20" RED BUFFING CASE STEEL WOOL KURLY KATE PAD BLACK STRIPPING l"X 20" BAG BIGBELLY COMPACTING PAD 1"X 20"GREEN SCRUB 5/CASE DETERGENT POT AND PAN SHINE PLUS MULTI-PURPOSE KLEENEX OIL ABSORBENT,50# BAG,50ABD DISPENSER FOR HAND SANITIZER SWEEP COMP 50# BOX RED LION HAND SANITIZER FOR DISPENSER SIGN SLIPPERY WHEN WET PREP PADS STERILE ,200/BOX PAD WHITE POLISHING 1"X 20" DUST MOP FRAME HAND,HAIR AND BODY WASH DUST MOP 48" CAN LINER 56 GL 43 X 48 X 16 CLEANER MR. CLEAN TOWELS TEXAS MULTI PUMIE SCOURING STICK BATHROOM TISSUE (COMPACT) SOAP GOJO FOR DISPENSER STEEL WOOL SOS SOAP PADS CLEAN BY PEROXY MERFIN PAPER TOWELS 7850 WAX PPR FEMININE HYGIENE LINER DUST MOP 36" SOFPULL CENTERPULL TISSUE DISH WASHING SOAP DAWN PLAZA PLUS SEALER/FINISH 5/GL LOTION HAND SOAP W/MOISTURIZER DISPENSER PAPER TOWEL FOAM TRAY 6-COMPARTMENT PAPER TOWEL DISPENSER M1091 B STRAWS INDIVIDUALLY WRAPPED DISPENSER FOR DEB SOAP DINNER NAPKIN 1/4 FOLD DUST MOP HEAD 24" SPORK DUST MOP HANDLE POLY FOOD SERVICE GLOVES MED PAN LINERS 16-3/8"X 24-3/8" POLY FOOD SERVICE GLOVES LRG PLASTIC WRAP ALUMINUM FOIL STYROFOAM CUP 80Z WIPES LYSOL DISINFECTING STYROFOAM CUP 16OZ POLY FOOD SERVICE GLOVES X-LRG PLATE 6"WHITE SATIN POLY FOOD SERVICE GLOVES SMALL PLATE 9"WHITE SATIN TOILET SEAT PICNIC PACK S&P/K/F/S POLY FOOD SERVICE APRON BUSBOY FOODSERVICE TOWELS FLOOR SEAL & FINISH 5GL DISPENSER FOR CLEAN-N-FRESH WASTE RECEPTACLE 23 GALLON Page 2 of 2 Nt- Goasc ATTACHMENT B: BID/PRICING FORM ►ve! 1852 )019 Date: Lt, ly 151 (1 Authorized glidi „(finA /�Bidder: G ( 1- 1ST Q G Signature: �;L, 'l(1 _ 1. Refer to "Instructions to Bidders”and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item Description Discount off Catalog/Pricelist Custodial Paper Products and Dispensers (roll towels, 40% multi-fold towels, tissue, similar related products) 2 Custodial Chemicals 50% 3 Custodial Cleaning Supplies 50% 4 Soap and Skincare Products 50% 5 Trash Receptacles 50% 6 Can Liners 40% 7 Disposable Food Service and Breakroom Supplies 40% 8 Custodial Safety Products 50% 9 Floor Mats 50% 10 All other Custodial Products 50% Total Three Year Contract Value Not to Exceed $750,000.00 Page lof 1 RFQ Revised 1.3.2018 ATTACHMENT C: INSURANCE REQUIREMENT INSURANCE REQUIREMENTS: No insurance requirements necessary for this Supply Agreement; Section 5. Insurance: Bonds. (A) is null for this Supply Agreement. BOND REQUIREMENTS: No bond requirements necessary for this Supply Agreement; Section 5. Insurance: Bonds. (B) is null for this Supply Agreement. Page lof 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects when accepted by the City. Page lof 1 RFQ Revised 1.3.2018