ORDINANCE determining that the formal taking of competitive bids is not required for the work described herein; and awarding contract to TIBH INDUSTRIES, INC for Cleaning & Janitorial Services for the Public Works & Engineering Department and Fleet Management Department  3 Years with two successive one-year terms - $8,260,480.35 - Enterprise and Fleet Management Funds

The City Purchasing Agent recommends that City Council approve an ordinance awarding a three-year contract with two successive one-year terms to TIBH Industries, Inc. for cleaning and janitorial services in an amount not to exceed $8,260,480.35 for the Public Works & Engineering and Fleet Management Departments. The City Purchasing Agent may terminate this contract at any time upon 30-days notice to the contractor.

The scope of work requires the contractor to furnish all equipment, labor, materials, supplies, supervision and transportation necessary to provide cleaning and janitorial services at 43 Public Works & Engineering Department facilities and 9 Fleet Management Department facilities. These contract services include daily sweeping, dust mopping, vacuuming, glass cleaning, trash removal, carpet cleaning and special cleaning assignments that includes extra sanitizing of fountains, doors and door knobs throughout the year.

TIBH Industries, Inc. employs mentally and physically challenged workers and the departments are satisfied with their performance. There will be 51 such workers providing services under this contract which includes 5 veterans.

The Texas Human Resources Code, Section 122.017 provides: A political subdivision of this state may purchase products or services for its use from private businesses through its authorized purchasing procedures, but may substitute equivalent products or services produced by persons with disabilities under the provisions of this chapter.

Attorney General of Texas Opinion No. JM-444 states that general statutes that require counties, cities, hospital districts and school districts to engage in competitive bidding in order to make certain purchases do not apply to purchases such political subdivisions make pursuant to Section 122.017 of the Human Resources Code. The Texas Industries for the Blind and Handicapped (T.I.B.H.) has approved the contract specifications, services and the agency that will provide these services.

TIBH Industries, Inc. (TIBH) is a non-profit organization that was created by State law and the Office of Business Opportunity has issued a waiver of the M/WBE and the Pay-or-Play requirements.

Estimated Spending Authority

Maximum Contract Award Amount:  $8,260,480.35

$7,670,840.97 - Water & Sewer System Operating Fund (8300)

$   589,639.38 - Fleet Management Fund (1005)

David Guernsey, Assistant Director                            PWE            832-395-3640

Ray DuRousseau, Deputy Assistant Director             SPD             832-393-8726

Joseph Badell, Sr. Procurement Specialist                 SPD             832-393-0209