CM-2018-1663 - 4/6/2018CITY OF ROUND ROCK AGREEMENT FOR
RENTAL OF PARADE BALLOONS
WITH
BIG EVENTS, INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
§
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for the rental of parade balloons for the City of Round
Rock's 4" of July Celebration, and for related goo s,a-nd services (referred tei as the
"Agreement"), is made and entered into on this the( f'/t day of the month of4w 2018 by
and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are
located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the
"City"), and BIG EVENTS, INC., whose offices are located at 16I3 Ord Way, Oceanside, CA
92056 (referred to herein as "Vendor").
RECITALS:
WHEREAS, City desires to rent parade balloons for the City's 4" of July Celebraton; and
WHEREAS, City issued Request for Quote ("RFQ") No. MS -20I8-02-02 for said rental
services; and
WHEREAS, based upon the responses received, City has selected Vendor to provide the
goods and services set forth herein; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified services and Vendor is obligated to provide said services. The
00397015:'ss2
OM -200-1663
Agreement includes Vendor's Response to the RFQ dated February 5, 2018 (attached as Exhibit
"A").
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
A. This Agreement shall be effective on the date this Agreement has been signed by
each parry hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated.
B. This Agreement shall terminate upon the completion of the Vendor's services at
the end of the City's 4" of July Celebration.
C. Prices shall be firm for the duration of this Agreement.
D. City reserves the right to review the relationship with Vendor at any time, and
may elect to terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the Contract Documents.
4.01 SCOPE OF WORK
Vendor shall satisfactorily complete all services described in Vendor's Quote in Exhibit
"A," attached hereto and incorporated herein.
This Agreement shall evidence the entire understanding and agreement between the
parties and shall supersede any prior proposals, correspondence or discussions.
Vendor shall satisfactorily provide all deliverables and services described in Exhibit "A"
within the contract term specified. A change in the Scope of Services or any term of this
Agreement, including bonding requirements, must be negotiated and agreed to in all relevant
details, and must be embodied in a valid Supplemental Agreement as described herein.
5.01 CONTRACT AMOUNT
In consideration for the deliverables and services related to the deliverables, the City
agrees to pay Vendor Fifteen Thousand Nine Hundred Ninety -Five and No/100 Dollars
($15,995.00) for the goods and services set forth in Exhibit "A."
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City Fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or delivcrables, or within thirty (30) days of the day on which
the performance of services was complete, or within thirty (30) days of the day on which City
receives a correct invoice for the performance and/or deliverables or services, whichever is later.
Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the
fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on the
purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise
were offered or given by Vendor or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition, Vendor
may be subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers
12.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Cath Martel, Athletics/Aquatics Manager
Parks and Recreation Department
301 West Bagdad Avenue, Suite 250
Round Rock, Texas 78664
(512) 341-3342
13.01 INSURANCE
Vendor shall meet all City of Round Rock Insurance Requirements as set forth at:
kWL www.roundrocktexas gov wp-gontent/uploads 2014 12 corn insurance 07.201.12 pdf.
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any,
and that it will not be considered in the re -advertisement of the service and that it may not be
considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
5
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Vendor agrees to perform all operations on City -owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable
TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I -Plan requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott
Israel during the term of this Agreement.
19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
20.0I NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Big Events, Inc.
1613 Ord Way
Oceanside, CA 92056
Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lic in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the taws and court decisions of the State of Texas.
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
23.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
Attest:
By:
Sara L. White, City Clerk
For4Stepa
oved=torm:
By:
Sheets, City Attorney
Big Even , Inc.
� w
Printed Name:
Title:
Date Signed: _ 31 7-10
J'ROUNO
ROCKTE.XAS
City of Round Rock, Texas
Request for Quote
RFQN:
MS .2018-02-0.2
Product/Service
Description:
Parade Balloon Rental
Date Issued:
02102118
_
Mike Schurwon
mschurwon roundrocktexas.gov
Quote Due By
DatelTime
Contact Phone #
02/14/18 a@ 3:00 p.m.
City Contact Name
512-218-6682
"Email Address:
Department Name
Purchasing
Delivery Address: City of Round Rock, 300 S. Burnet Street, Attn: PARD Yard, Round Rock Tx
78664
Instruction ». for Respondents to this Request for Quote IREQJ
This is a Request for Quote and not an order.
Submit complete a signed Quote by the due date/time to the email address above'
• Documents are hereby incorporated into this Request for Quote by reference, with the same force and
effect as if they were incorporated in full text. The full text versions of these documents are available, on
the Internet at the following hyperlink:
o City of Round Rock - Standard Terms and Conditions
https.//WWN.roundroc:ktexas.gov/wp-content/uploads/2014/12/corr_t_c revised_07.2011.pdf
o City of Round Rock - Insurance Requirements (Required on all City of Round Rock Projects)
hops://WWN.roundroc:ktexas.gov/wp-contentluploads/2014112/corr —insurance _07.20112.pdf
• The City reserves the right to determine "or equal "status. Quotes may be withdrawn at any time prior to
the official closing by written notification. Quotes may not be altered, amended or withdrawn after the
official closing.
• The City is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in the
quoted price.
• The City reserves the right to accept or reject, in part or whole, any quote submitted and to waive any
minor technicalities that are in the best interest of the City.
• If there is a conflict between the unit price and extended price, the unit price will take precedence.
• Delivery shall be made in __ days or less.
The City of Round Rock, Texas herein after "City", is soliciting request for quotations to enter into an
agreement or pur:hase order with a qualified Individual, Firm, or Corporation, (Respondent), to provide
parade balloon rental services as outlined below:
1. Vendor shall provide lhei required number of supervisors to work with the City of Round Rock, Parks
and Recreaticn staff to inflate all parade balloons prior to start of 4"' of July parade. Supervision shall
include assist ng City parks and recreation staff in the operation and monitoring of all parade balloons
along the parade route. Unit cost shall include; rental cost, travel, labor and administrative overhead.
1 1 P a g e
Form Revised lune 2017
City of Round Rock, Texas
Request for Quote
(Continued)
RFQ#: I NIS -2016-01 31
Parade Balloon Rental
2. Vendor shall t:e responsible for coordinating and make all shipping arrangements for delivery of all
parade balloons to the City of Round Rock, Parks and Recreation, PARD yard for the 41" of July
celebration.
3. Vendor shall to responsible for inspecting and unpacking all parade balloons upon arrival and receipt
at the City of Round Rock, Parks and Recreation, PARD yard.
4. Upon complet on of the 4•1" of July celebration, vendor is responsible for coordinating packing of all
parade balloons and making all shipping arrangements for shipping of all parade balloons back to
company.
5. Vendor shall to respons ble for inflating and deflating all parade balloons at the parade
staginglending locations
6. City of Round Rock, Parlcs and Recreation staff shall be responsible for the procurement of
approximately 14,000 cubic feet of helium for inflation of all parade balloons.
7. Vendor must he on-site at the City of Round Rock — Parks and Recreation, PARD yard by July 3,
2018 @ 12;00 p.m. to review parade route and conduct training of City of Round Rock, Parks and
Recreation stuff on openition of all parade balloons.
8. QUANTITY AND SHIPPING: Actual quantity and shipping costs may be less depending on budget
availability.
9. AWARD- The City may :hoose not to award an Agreement. Split awards between Vendors may be
made at the s -ale discretion of the City. The City reserves the right to enter into an agreement of a
purchase order with a single award, split awards, or use any combination that best serves the interest
and at the sola discretion of the City.
2 1 P a g e
Form Revised June 2017
ROUND ROCK TEXA i
RFO#: JIVIS-20118-02-02
City of Round Rock, Texas
Request for Quote
(Continued)
Item #
Item Dee:ription
Rental of Parade Balloon: 30' Hoot,
1.
(Red/BlVe with White Stars), 2700
CF, or b Jyer approved equal _____
Rental of Parade Balloon: 30' Flag
2.
(Red/White/Blue wits Silver Pole),
2500 CF, or buyer approved equal
Rental o' Parade Balloon: 25'
3.
Rockets (Red/White(Blue), 2000 CF,
or buyer approved equal
Rental o' Parade Balloon: 15' Stars.
A
(1-Red/1-Whiten-Blue), Pkg. — 3
total, 2300 CF, or br,yer approved
e ual
Rental of Parade Balloon: 15' Uncle
5.
Sam Hat (Red/WhitelBlue), 1500 CF,
or buyer. approved algal
Rental of Parade Balloon, 15'
5
Tropical f=ish (Different Colors), 1800
CF, Pkg. — 2 total, or buyer approved
e ual
Rental of Parade Balloon: 15' Ice
7
Cream Cone (Brown
Cone/Chs)colate Chip Ice Cream),
1000 CF, or buyer app ved equal
Rental of Parade Balloon (Cold -Air):
8,
25' Uncle Sam (Red/White/Blue), or
bu er approved equal
Supervisor — Provide vendor
required .supervisors to include all
5.
labor, travel (lodging, food, rental
car), and administrative overhead
Costs.
Shipping:
Total Qr,iote
Cnrm 11nuicari Dina -M17
gescrl tion• Parade Balloon Rental
Quantity Unit Type Unit Price Extended
Price
1 F..A $2550.00 $2550.00
1 EA$2975.00 $2975.00
1 EA $1700.00 $1700.00
1 PKG $1275.00 $1275.00
I EA $1082.50 $1062.50
1 PKG $1275.00 $1275.00
1 I FA 1 $1062.50 ( $1062.50
1 EA 1 $ 765.00 I $ 765.00
1 LOT I $1800.00 r $1600.00
$1730.00
$ 15,995.00
ROUND ROCKTEXA!p
RFQ#: MS -201802-02
Vendor Name:
Name of Sales Contact:
Authorized Signature:
Date:
Email Address.
Phone Number.
F'nrm Ravicarl lima 7(117
City of Round Rock, Texas
Request for Quote
(Continued)
Product/Se'e Parade Balloon Rental
Descri tion_
Vendor Contact Information and Signature
- � - -- -- IVIG LVLNYS, INC.
Charles Trimble
2-5-2018
ctlarlas@bbigaventsonfina.com
760-477-2655 x241
4 1 F of --
City of Round Rock
JR�T, x Nv ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Big Events, Inc. for the rental of
parade balloons for the 4th of July Parade.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4161201$
Dept Director: Rick Atkins, Director
Cost: $15,995.00
Indexes: General Fund
Attachments: tAF Parade Balloon for 4th of July.pdf, Back-up Parade Balloons.pdf,
Parade Balloon RFQ.pdf
Department: Parks and Recreation Department
Text of Legislative File CM -2018-1663
Consider executing an Agreement with Big Events, Inc. for the rental of parade balloons for
the 4th of July Parade.
The City of Round Rock is working in partnership with the Round Rock Sertoma Club to
enhance the annual July 4th Parade in downtown Round Rock. This agreement is for the
rental of seven helium
parade balloons and one cold -air balloon ranging in size from 15' to 30' as well as two
supervisors to oversee the operation of these balloons.
Cost: $15,995.00
Source of Funds: 10023000-5326 Supplies
C11y of Round Rock page 1 Printed on 4/8/2018