Recorded On: May 15, 2025 02:25 PM Total Recording: $36.00 Blanco County Laura Walla Blanco County Clerk Instrument Number: 251508 Real Property Recordings Number of Pages: 6 "Examined and Charged as Follows: " Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: 251508 Receipt Number: 20250515000005 Recorded Date/Time: May 15, 2025 02:25 PM User: Station: COUNTY OF BLANCO Sheila M cclerk01 Record and Return To: MICHELLE FEGUSON STATE OF TEXAS Blanco County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Records of Blanco County, Texas Laura Walla Blanco County Clerk Blanco County, TX Saura Halla STATE OF TEXAS COUNTY OF BLANCO CSS CSS SSSSSS RESOLUTION ADOPTING PROCUREMENT POLICY FOR THE WOODS AT FLAT ROCK CREEK PROPERTY OWNERS' ASSOCIATION, INC.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE WOODS AT FLAT ROCK CREEK PROPERTY OWNERS' ASSOCIATION, INC.
REGARDING PROCUREMENT POLICY Pursuant to Section 209.0052(c) of the Texas Property Code, The Woods at Flat Rock Creek Property Owners' Association, Inc., hereinafter referred to as the "Association", acting by and through its Board of Directors, has adopted the following procurement policy to set forth the guidelines for a bid process established by the Association, to wit: WHEREAS, the Association is required under Texas Property Code $209.0052(c) to create a bid process for any contracts for goods and/or services that exceed $50,000; and
hed by the Association, to wit: WHEREAS, the Association is required under Texas Property Code $209.0052(c) to create a bid process for any contracts for goods and/or services that exceed $50,000; and WHEREAS, the purpose of this policy and procedure document is to ensure the Association receives value for the funds it expends regarding the goods, services and works it procures and procurement will be based on assessment of quality and cost; and WHEREAS, when procuring goods and services, the Association will operate in a fair, consistent and ethical manner with the key underlying principle being value for funds expended; and WHEREAS, the Association has adopted the following procurement policy for any contract entered into by the Association that exceeds $50,000 or any contract that is with an interested board member; and WHEREAS, all terms used herein shall have the same meaning as set forth in the Declaration of Covenants, Conditions, Restrictions, Easements, Charges, and Liens for The Woods at Flat Rock Creek Subdivision, filed in the Official Records of Blanco County, Texas, hereinafter referred to as the "Declaration"; adopted: NOW THEREFORE, the Association declares that the following is the procurement policy 1. General Policy a. This Procurement Policy applies to contracts and/or purchases that exceed $50,000 ("Covered Contracts"); however, the Association shall always use good, practical steps to ensure that all contracts entered into by the Association have good value for the funds expended regarding the goods and services procured. All Covered Contracts must be done pursuant to the guidelines set forth in this Procurement Policy. The objective is to promote the honest and efficient
nded regarding the goods and services procured. All Covered Contracts must be done pursuant to the guidelines set forth in this Procurement Policy. The objective is to promote the honest and efficient procurement of all the goods and services the Association needs on the best terms and conditions 1 practical. Nothing herein prevents the Board from using this Procurement Policy for any contract, it is just mandated to be used for Covered Contracts.
b. If a Contract is with a company owned by a director, their relatives within the third degree of consanguinity, or company in which any of them have 51% or more interest in profit (an "insider"), then it is required that two other bids be obtained (if reasonably available). The Board member in question is prohibited from accessing other bids and from participation in the Board discussion or vote.
2. Competitive Bidding For all Covered Contracts, the Association must use competitive bidding. In all such competitive bidding situations, the following general rules shall be observed: a. Competitive bids will be solicited from the three highest qualified suppliers known to the Association. In the case of extenuating circumstances, expenditures based on fewer than three bids may be authorized by the Board provided the reasons are well documented.
b. Each supplier will be required to submit its lowest and best bid. In general, no supplier will be told anything about any other supplier's bid. Should there be a problem in the procurement such that the Board feels that any supplier misunderstood the requirements or made a mistake and that such supplier should be allowed to rebid, all other suppliers shall be allowed to rebid, too. It is anticipated that this will be an unusual situation.
tood the requirements or made a mistake and that such supplier should be allowed to rebid, all other suppliers shall be allowed to rebid, too. It is anticipated that this will be an unusual situation.
c. When competitive bids are solicited, the bidders shall be given all the relevant information on which to base their bids, including the technical, legal, and business facets of the procurement.
d. In general, the Association will accept the lowest and best responsive bid. It is recognized that, in some situations, this may be a subjective decision as price is only one of the aspects of the bid to be considered. The Board is charged with the responsibility of making this determination. The Board is under no obligation to select the lowest bid or any bid. The Board shall always analyze the quality of the goods or services that will be received.
e. Comparisons of the purchase costs from different suppliers will be based on value criteria. All quantifiable costs of purchase and subsequent ownership will be taken into account, not just the purchase price alone.
f. The Board shall select suppliers capable of meeting the required levels of quality and delivery.
g. The Board shall consider specification of products and services consistent with their required purpose and performance.
h. The Board shall consider the purchase of products and services that conform with requirements for compatibility and standardization.
2 i. The rationale or business judgment involved in the selection of the winning bidder shall be noted in writing and maintained in the Board's contract file.
j. Other factors to be considered by the Board are: i.
Proof of liability insurance (where applicable); ii.
Proof of appropriate license(s) (where applicable); iii.
iv.
Prior history with the Association;
ther factors to be considered by the Board are: i.
Proof of liability insurance (where applicable); ii.
Proof of appropriate license(s) (where applicable); iii.
iv.
Prior history with the Association; Supplier qualification (appropriate resources, references, experience and scale); Preference for local suppliers; and V.
vi.
Quality.
3. Competitive Bidding Requirements Prior to solicitation of competitive bids, the Association, in conjunction with the Management Company, shall prepare a Request for Quote consisting of: 1. Instructions and information to bidders concerning the bid submission requirements, including the time and date set for receipt of the bids and the address where bids are to be delivered.
2. A scope of work, a delivery and performance schedule and any special instructions necessary.
3. A precise statement of product(s) in the case of the purchasing of goods. This should include item identification (part numbers or minimum performance standards).
4. Time frames (beginning and completion dates, schedules, milestones, or length of contract, as appropriate.)
5. If applicable, the contract terms and conditions, including warranty, bonding and/or other requirements.
6. Contact information for suppliers to ask questions.
7. Bid deadline date(s).
8. Projected decision date.
9. Specification of bid minimum criteria: i. Proof of liability insurance when appropriate Copies of appropriate licenses ii.
10. A statement regarding how the bid award shall be made, specifically, whether that award shall be made to the lowest responsive and responsible bidder or the award shall be made to 3 the responsive and responsible bidder whose bid represents the best value to the Association by optimizing quality, cost and efficiency.
sponsive and responsible bidder or the award shall be made to 3 the responsive and responsible bidder whose bid represents the best value to the Association by optimizing quality, cost and efficiency.
In order for a bid to qualify as a "competitive bid", there must be competition among more than one supplier. A single supplier that submits two or three written bids for comparable products, as an attempt to meet the number of bids required by this policy, shall not qualify as having met the "competitively bid" criteria. The Association must receive quotes from more than one supplier in order for the good(s) or service(s) being quoted to meet the criteria of "competitively bid".
4. Sole Source, Sole Brand and Unique Goods and/or Services In some cases, goods and services, regardless of cost, may only be available from one supplier. If the Board determines, in its discretion, after research and deliberation that a good or service is only available from a sole source supplier, then the Board may use the sole source supplier without competitively biding the matter. In making this determination, the Board shall consider the following factors: 1. Sole Source Purchase: The good(s) or service(s) being obtained can only be made and/or supplied from one manufacturer or service provider and no other manufacturer or service provider makes or provides comparable products or services that will meet the Association's needs.
2. Sole Source Brand: A "Sole Source Brand" means that only a particular brand is acceptable for a particular reason, although the required brand may be obtained from more than one source. Something can be a "Sole Source Brand" and still not a "Sole Source Purchase", if more than one supplier can provide competitive quotes.
h the required brand may be obtained from more than one source. Something can be a "Sole Source Brand" and still not a "Sole Source Purchase", if more than one supplier can provide competitive quotes.
3. Unique: A "unique" good or service is one of a kind in nature and signifies that comparable goods or services do not exist.
Upon making the determination under this section, the Board shall keep records for a period of no less than four years for all requested bids, emails, brochures, proposals, and any other documentation that led to the decision of every Sole Source Purchase, Sole Source Brand Purchase and Unique good or service purchase.
5. Aggregation In determining whether a contract price is likely to exceed the $50,000 threshold, aggregation rules should be considered. Contracts for goods and services must not be artificially split in order to avoid the threshold being achieved.
By their signatures below, the President and the Secretary of the Association certify that the foregoing resolution was approved by the Board of Directors of the Association at a duly-called meeting of the Board of Directors, at which a quorum of Directors was present, or by signed, unanimous written consent in lieu of a meeting.
PASSED, ADOPTED AND APPROVED on this the 28th day of April 2025.
4 ATTEST: THE WOODS AT FLAT ROCK CREEK PROPERTY OWNERS' ASSOCIATION, INC.
By: Bradley Price Keever, President حسا بکنند By: Michelle Ferguson, Secretary THE STATE OF TEXAS COUNTY OF BURNET cas ces cas CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Bradley Price Keever, who is personally known to me (or proved to me through a federal or state issued ID with
ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Bradley Price Keever, who is personally known to me (or proved to me through a federal or state issued ID with photo and signature of person identified) to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that he is the President of The Woods at Flat Rock Creek Property Owners' Association, Inc. and that by authority duly given and as the act of The Woods at Flat Rock Creek Property Owners' Association, Inc. executed the instrument for the purposes and considerations expressed.
Given under my hand and seal of office on this the 14th day of PUBLIC OF TEX MICHELLE ANN FERGUSON Notary Public, State of Texas Comm. Expires 01-14-2029 Notary ID 129265542 2025.
MAY лишь шу ишо Notary Public in and for The State of Texas AFTER RECORDING, RETURN TO: The Woods at Flat Rock Creek Property Owners' Association, Inc.
P.O. Box 1987 Marble Falls, Texas 78654 5