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Contract - United Site Services of Texas, Inc. - 7/25/2019 CITY OF ROUND ROCK AGREEMENT FOR RENTAL OF PORTABLE CHEMICAL TOILETS FROM UNITED SITE SERVICES OF TEXAS, INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement for rental of portable chemical toilets, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the _?::gtAd.ay of the month of , 2019, between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality w1iose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as "City"), and UNITED SITE SERVICES OF TEXAS, INC., whose offices are located at 5910 Johnny Morris Road, Austin, Texas 78724 (referred to herein as the "Vendor"). RECITALS: WHEREAS, City desires to rent portable chemical toilets, and to purchase goods and services related to cleaning and maintenance, and City desires to procure same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Vendor; 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 receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated IFB 19-015 dated March 2019; (b) Vendor's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: 00425504/ss2 :�-2v1q-0��� 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 and services mean the specified services, supplies, materials, commodities, or equipment. F. Vendor means United Site Services of Texas, Inc., or any of its successors or assigns. 2.01 EFFECTIVE DATE AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for sixty (60) months from the effective date hereof. C. City reserves the right to review the relationship 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 City selected Vendor to supply certain goods as outlined in IFB 19-015 dated March 2019. The goods which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED A. The goods which are the subject matter of this Agreement are described generally in the attached Exhibit"A,"incorporated herein by reference for all purposes. B. This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. 2 C. Vendor shall satisfactorily provide all deliverables 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 COSTS A. City agrees to pay for supplies during the term of this Agreement at the pricing set forth in"Attachment A—Bid Sheet" Exhibit"A." B. The City shall be authorized to pay the Services Provider an amount not-to- exceed Forty-Five Thousand and No/100 Dollars ($45,000.00) per year for a total not-to- exceed amount of Two Hundred Twenty-Five Thousand and No/100 Dollars ($225,000.00) for the term of this Agreement. 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; and D. Delivery dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 27 1.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated "piggyback"procurements. 3 8.01 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. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods 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). This Prompt Payment 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) 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 (c) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (d) The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any 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. 4 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB 19-015 and as set forth at: https://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07 20112 pdf 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Rick Atkins Director of Parks and Recreation 301 West Bagdad, Suite 250 Round Rock, Texas 78664 (512) 341-3344 ratkinsAroundrocktexas.gov 15.01 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. 16.01 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. 5 Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 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. 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. 18.01 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. 6 19.01 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. 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. 20.01 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. 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to 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: United Site Services of Texas, Inc. 5910 Johnny Morris Road Austin, TX 78724 Notice to City: City Manager 221 East Main Street Round Rock, TX 78664 7 AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 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 lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 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. 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. 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. 25.01 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 such 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 8 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 to be void. 26.01 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. [Signatures on the following page.] 9 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Ro d Rock, Texas United Site Services of Texas, Inc. By: By. Printed Name: Printed Name: Title: Title: Ac-c,,-ht- ,amu nc7!j c,, Date Signed: •?C, Date Signed: 6 Attest: By: V r Sara L. ite, City Clerk For City, p roved as to orm: By: Stephan L Sheets, City Attorney 10 RGUND ROCK TEXAS PURCHASING C11Vl51CtN City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.roundrocktexas.gov INVITATION FOR BID (IFB) PORTABLE TOILETS RENTAL, CLEANING, & MAINTENANCE SOLICITATION NUMBER 19-015 MARCH 2019 Exhibit "A" City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 PORTABLE TOILETS RENTAL, CLEANING, & MAINTENANCE PART I GENERAL REQUIREMENTS 1. PURPOSE: The City of Round Rock, herein after"the City" seeks a bid from firms experienced in portable toilet rental and maintenance services for handicapped and non-handicapped chemical portable toilets. The resulting contract will have an estimated annual not-to-exceed amount of$45,000. 2. BACKGROUND: The City would like to enter into a contract for portable toilet rental, cleaning, and maintenance of handicapped & non-handicapped chemical portable toilets. Units shall be rented on a monthly, weekly, or daily basis to include holidays and or weekends and for special events at various locations as specified by City. 3. SOLICITATION PACKET: This solicitation packet is comprised of the following• Description Index Part I—General Requirements Page(s)2-5 Part II—Definitions, Standard Terms and Conditions Page 6 and Insurance Requirements Part III—Supplemental Terms and Conditions Page(s) 7-9 Part IV—Specifications Page(s) 10-11 Attachment A—Bid Sheet and Respondent Questionnaire Page 12-13 Attachment B—Reference Sheet Page 14 4. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact: Cheryl Kaufman Purchasing Supervisor Purchasing Division City of Round Rock Phone: 512-218-5417 E-mail: ckaufman cDroundrocktexas.gov The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. Exhibit "A" Page 2 of 14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released March 14, 2019 Deadline for submission of questions March 27, 2019 @ 5:00 PM, CST City responses to questions or addendums Approximately March 29, 2019 @ 5:00 PM, CST Deadline for submission of responses April 10, 2019 @ 3:00 PM, CST All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted above.A copy of all questions submitted and the City's response to the questions shall be posted on the City's webpage in the form of an addendum at: https://www.roundrocktexas.gov/businesses/solicitations/. Questions shall be submitted in writing to the"Authorized Purchasing Contact". The City reserves the right to modify these dates. Notice of date change will be posted to the City's website: http://www.roundrocktexas.gov/bids. 6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein.Various updates may include addendums, cancellations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 7. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted in PART I, Section 5—Schedule of Events. Mail or hand deliver sealed responses to: City of Round Rock Attn: Cheryl Kaufman Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 A. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". B. Facsimile or electronically transmitted responses are not acceptable. C. Responses cannot be altered or amended after opening. D. No response can be withdrawn after opening without written approval from the City for an acceptable reason. E. The City will not be bound by any oral statement or offer made contrary to the written specifications. F. Samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City. 8. RESPONDENT REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation.This list is only a tool to assist participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation. Respondent shall submit one (1) evident signed "Original"and one (1) electronic copy of the IFB response on a flash drive. The submittal is required to include all addendums and requested attachments. The bid response along with samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City. Exhibit "A" Page 3 of 14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 This invitation for bid (IFB)does not commit the City to contract for any supply or service. Respondents are advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all costs associated with responding to this IFB will be solely at the interested parties'expense. Not responding to this IFB does not preclude participation in any future RFP/RFQ/IFB. For your bid to be responsive, addendums and the attachments identified below shall be submitted with your proposal. ❑ Addendums: Addendums may be posted to this solicitation. Bidders are required to submit signed addendums with their sealed response. The Bidder shall be responsible for monitoring the City's website at http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation. ❑ Attachment A: BID SHEET AND RESPONDENT QUESTIONNAIRE: The bid response shall be submitted on itemized, signed Bid Sheet provided in the solicitation packet. Failure to complete and sign the bid sheet will result in disqualification. If there is a conflict between the unit price and extended price, the unit price will take precedence. Submission of responses on forms other that the City's Solicitation Document will result in disqualification of the response. The respondent questionnaire is also a mandatory requirement with the bid submission. Failure to complete and submit it will result in disqualification of the response. ❑ Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at least three (3)valid Municipal, Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last three (3) years. City of Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result in the disqualification of submittal. 9. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City.All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: A. Purchase price; B. Reputation of Respondent and of Respondent's goods and services; C. Quality of the Respondent's goods and services; D. The extent to which the goods and services meet the City's needs; E. Respondent's past performance with the City; F. The total long-term cost to the City to acquire the Respondent's goods or services; G. Any relevant criteria specifically listed in the solicitation. Respondents may be contacted for clarification of bid and/or to discuss details of the services they are proposing. This may include a presentation and/or the request for additional material/information. 10. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing Definitions, Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances A. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL"on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. B. If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and Exhibit "A" Page 4 of 14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 11. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2 CFR part 180 suspension and debarment may apply to this agreement. The City of Round Rock is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from doing business with the Federal Government, State of Texas, or the City of Round Rock. 12. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the successful offeror to complete a Form 1295"Certificate of Interested Parties"that is signed for a contract award requiring council authorization. The"Certificate of Interested Parties"form must be completed on the Texas Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission Webpage: https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm Exhibit "A" Page 5 of 14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 PART II DEFINITIONS, STANDARD TERMS AND CONDITONS AND INSURANCE REQUIREMENTS 1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of Respondents to stay apprised of changes. The City's Definitions, Standard Terms and Conditions can be viewed and downloaded from the City's website at: https://www.roundrocktexas.gov/departments/purchasing/ 2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and downloaded from the City's website at: https://www.roundrocktexas.gov/departments/purchasing/ Exhibit "A" Page 6 of 14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 PART III SUPPLEMENTAL TERMS AND CONDITIONS 1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following: A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60) months. B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions of this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project up to 90 days. 2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications. Respondents who do not meet the minimum qualifications will not be considered for award.The Respondent shall: A. Be firms, corporations, individuals or partnerships normally engaged in providing portable toilet rental, cleaning, and maintenance within the last five years as specified herein and have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the City; B. Provide all labor, supplies and materials required to satisfactorily perform the services as specified herein and own or acquire at no cost to the City all construction aids, appliances, and equipment Respondent deems necessary and maintain sole responsibility for the maintenance and repair of Respondent's vehicles, equipment, tools and all associated costs. The City shall not be responsible for any Respondent's tools, equipment or materials lost or damaged during the performance of the services specified herein; C. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the United States, or not having a home office inside the United States will not be included for consideration in this procurement process. D. Vendor shall be available for service as needed 24/7, 365 days per year. 3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform required services. The City seeks to do business directly with a company experienced in portable toilets rental, cleaning, & maintenance. 4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations. The Respondent shall: A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State and City safety and occupational health standards and other applicable federal, state, and local health, safety, and environmental laws ordinances, rules and regulations in the performance of these services; B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. In case of conflict, the most stringent safety requirement shall govern; C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,judgments, fines penalties and liability of every kind arising from the breach of the Successful Respondents' obligations under this paragraph. 5. WORKFORCE: Successful Respondent shall: A. Ensure Respondent's employees perform the services in a timely, professional and efficient manner; B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly identifies them as the Respondent's employee; Exhibit "A" Page 7 of 14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 C. Employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States. 6. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits, insurance, bonds and risk management. No separate line item charges shall be permitted for either response or invoice purposes. 7. PRICE INCREASE: Contract prices for toilet rentals and mainentance shall remain firm throughout the initial twelve (12)month term of the contract. A price increase to the agreement may be considered on the anniversary date of the Contract each year and shall be equal to the consumer price index for that year, but at no time can the increase be greater than 15%for any single line item. A. Consumer Price Index(CPI): Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index(CPI-U)for all Urban Consumers. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year six-month average (January through June OR July through December); and each (January through June OR July through December six month average)thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. The Consumer Price Index(CPI) is found at the Bureau of Labor Statistics, Consumer Price Index website: http://www.bls.gov/cpi/. B. Procedure to Request Increase: i. Mail the written price increase request with the rate detail comparison and comprehensive calculation and any supporting documentation to the designated City Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date. The detailed written calculation will be verified and confirmed. All written requests for increases must include the City of Round Rock contract number, solicitation reference information and contact information for the authorized representative requesting the increase. Price increase requests shall be sent by mail to: City of Round Rock Purchasing Department Attn: Contract Specialist 221 East Main Street Round Rock, TX 79664-5299 ii. Upon receipt of the request, the City reserves the right to either, accept the escalation and make change to the purchase order within 30 days of the request, negotiate with the Vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 8. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents' performance anytime during the contract term. 9. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5)working days. The awarded respondent will be notified within the time frame if the services delivered are not in full compliance with the specifications. In the event the services are not performed to the satisfaction of the City; the vendor shall agree to reperform services to specification at no additional cost to the City. If any agreement or purchase order is cancelled for non-acceptance, the needed services may be purchased elsewhere and the vendor may be charged liquidated damages. 10. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services/goods needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. Exhibit "A" Page 8of14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 11. PERMITS: The Successful Respondent shall verify and obtain all necessary permits, licenses, and/or certificates required by federal, state and local laws, ordinances, rules or regulations for the completion of the services as specified if required for the project. 12. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split award, primary and secondary award, non-award, or use any combination that best serves the interest and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff recommendation of award has been made. The award announcement will be posted to the City's website at https://www.roundrocktexas.gov/businesses/solicitations/once City Council has approved the recommendation of award and the agreement has been executed. 13. POST AWARD MEETING: The City and Successful Respondent(s) may have a post award meeting to discuss, but not be limited to the following: A. Review and assign the service schedule and change-out of units. B. The method to provide a smooth and orderly transition of services performed from the current contractor; C. Provide City contact(s) information for implementation of agreement. D. Identify specific milestones, goals and strategies to meet objectives. 14. POINT OF CONTACT/DESIGNATED REPRESENTATIVE: A. Contractor's point of contact: In order to maintain consistent standards of quality work performed across the City, the City shall be provided with the contact information of two designated and identified points of contact upon award of the contract. The City's designated representative shall be notified by the Respondent immediately should the point(s)of contact change. B. The City may have multiple designees and contacts within our departments. C. For the purposes of this solicitation the City's designated representative: Randy Gordon Parks Manager Parks and Recreation Department Phone: 512-341-3340 E-mail: rgordon(a-_)roundrocktexas.gov 15. INTERLOCAL PURCHASING AGREEMENTS A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code.The Contractor agrees to offer the same price and terms and conditions to other eligible agencies that have an interlocal agreement with the City. B. The City does not accept any responsibility or liability for the purchases by other government agencies through an interlocal cooperative agreement Exhibit "A" Page 9of14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 PART IV SCOPE OF WORK 1. PURPOSE- The City of Round Rock, herein after"the City"seeks a bid from firms experienced in portable toilet rental and maintenance services for handicapped and non-handicapped chemical portable toilets. The resulting contract will have an estimated annual not-to-exceed amount of$45,000. 2. SPECIFICATIONS-All equipment furnished to the City shall be maintained in a clean, nuisance-free, serviceable condition at all times. A. Standard units shall include the following: i. Be a single seat capacity with one urinal. ii. Have a fiberglass or non-porous plastic tank, approximately fifty to fifty-five gallon capacity, water tight, and outside vented. iii. Be equipped with toilet seat and hinged cover of non-porous material or plastic. iv. Have urinal constructed of fiberglass or urethane with a discharge opening of 3/inch minimum inside diameter of rigid plastic or buyer approved equal and shall be water tight. V. Be constructed with, fiberglass or metal with durable rigid frame, well vented so air goes through it or circulates on skids for relocation by sliding to be moved easily and does not sit on ground. vi. Be equipped with a self-closing door that is tight fitting, and shall have an inside lock. vii. Be equipped with toilet tissue dispenser for two full rolls. viii. Have a screened ventilation opening and have a cross-sectional area of at least one square foot. Vent shall be screened with a minimum sixteen-mesh screen or buyer approved equal. ix. Have a chemical charge to ensure bacteriological and chemical safety and eliminate obnoxious odors. B. Handicapped Units shall: i. Meet or exceed requirements of Item A. above; ii. Be equipped with handrails and ramps; iii. Have the capacity for a wheelchair to enter and park wheelchair inside toilet compartment without obstructing patron's ability to reach handrails and toilet seat. C. Service Vehicle: All vehicles servicing any City location shall: i. Be maintained in a clean, nuisance free, serviceable condition at all times; ii. Be leak-proof and fully enclosed, including holding tanks; iii. Have separate storage tanks for holding effluent from serviced toilets and potable water for recharging units after cleaning. 3. SCOPE OF WORK-Contractor shall: A. Service each rented unit to include, but not be limited to the complete removal of tank contents, clean and disinfect the inside, the waste tank, urinal, walls, door, toilet seat, and floor. This service must be performed as a next day service and the Contractor shall furnish all labor, material, and equipment necessary to clean and maintain the rented portable toilets. B. Service units one or two times per week, or as otherwise directed by the City's designee(s). C. Furnish all equipment required to place, pickup, service and/or relocate unit(s). Relocation of unit(s) must be performed within 24 hours after notification by the City's designee. D. Provide ramps for handicapped units at no additional cost to the City. E. Be responsible for removing contents and any equipment used after each service from City property. F. Provide units with a service label placed on the inside wall in order for Contractor to annotate date and initial after each service. Label not annotated on unit will be considered a missed service. G. Recharge tank and deposit the necessary chemical(s)for odor control and decomposition to keep unit sanitary after waste has been removed from tank. Exhibit "A" Page 10 of 14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 H. Provide two full rolls of toilet tissue when servicing each unit at each location at no additional cost to the City. I. Replace damaged or defective unit and clean up the area, if needed, within two hours of notification. J. Have a supervisor to perform spot checks a minimum of two times per week at different locations. K. Provide name, phone number, and emergency phone number of at least two representatives who can be reached 24/7. L. Provide a report of sign-off service labels with the monthly invoice to assure proper service has been completed. 4. EXTRA SERVICES- A. "Extra service" is defined as additional service to a regular route, holiday, Saturday and/or Sunday. B. The City reserves the right to request additional units, to include but not limited to, special events, one- day, or weekly basis, as deemed necessary. Vendor shall provide units as requested by City's designee within 24 hours of notification. C. Extra service shall conform to the same requirements of service stated in this scope of work. D. Vendor shall provide extra servicing within 24 hours after notification by the City's designee. S. SPECIAL EVENTS-The City has several special events throughout the year that will be mostly covered under daily and weekend events. Exhibit "A" Page 11 of 14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 ATTACHMENT A BID SHEET 1. ATTACHMENT A—BID SHEET is posted in Solicitation Documents for IFB 19-015 Portable Toilets Rental, Cleaning, & Maintenance in an Excel format on the City of Round Rock website at: hftps://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/ A. In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by an authorized representative and returned by the deadline for submission of response indicated in Part I Section 5—Schedule of Events. B. The Respondent, by submitting and signing Attachment A—Bid Sheet, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. C. In order to do business with the City of Round Rock you must be registered with the City's Vendor Database. To register, go to: https:Hroundrock.munisselfservice.com/Vendors/default.aspx. D. By the signature affixed on Attachment A-Bid Sheet, the Respondent hereby certifies that neither the Respondent nor the entity represented by the Respondent, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business." E. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet. 2. RESPONDENT QUESTIONNAIRE-This information is required to be included with the bid documents in order to be deemed responsive; failure to clearly answer each question may be grounds for disqualification of your bid. Exhibit "A" Page 12 of 14 ATTACHMENT A- BID SHEET Solicitation Number: lFB No.19-015 Solicitation Description Portable Toilets Rental, Cleaning, & Maintenance Buyer: Cheryl Kaufman The Respondent represents by their signature below that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation documents contained in IFB 19-015 Portable Toilets Rental, Cleaning, & Maintenance. The Respondent acknowledges that he/she has received and read the entire solicitation packet, attachments, and addendurns and agrees to be bound by the terms therein. An anticipated Contract award will be made by the City in an amount not-to-exceed $45,000 per year. Special Instructions: All prices must be quoted in order to be considered responsive.A value of"0"will be interpreted as no-cost to the City. Be advised that exceptions taken to any portion of the solicitation or any unauthorized changes to the bid sheet will result in the bid being deemed non-responsive. If the Contractor wishes to include additional information, services, or explanation please attach a separate sheet. Pricing must be all inclusive of rental, delivery, cleaning, maintenance, etc. of the portable unit. The City reserves the right to modfy these quantities as necessary to meet City needs. tsurnatea �Number of unit. 'Unit Cost Extended Cost Description of Service Units Monthly portable toilet rental, cleaning, and maintenance service(once a week) 11 Regular $55.00 $605.00 Monthly portable toilet rental, cleaning, and maintenance service(once a week) I Handicap $65.00 $65.00 Monthly portable toilet rental, cleaning, and maintenance service(2x a week) 11 Regular $80.00 $880.00 Monthly portable toilet rental, cleaning, and maintenance service(2x a week) 5 Handicap $90.00 $450.00 Monthly portable toilet rental,cleaning, and maintenance service(3x a week) 4 Regular $110.00 $440.00 Monthly portable toilet rental, cleaning, and maintenance service(3x a week) 2 Handicap $120.00 $240.00 Annual portable toilet rental, cleaning, and maintenance service(one-day) 185 Regular $40.00 $7,400.00 Annual portable toilet rental, cleaning, and maintenance service(one-day) 62 Hand'ca�t $50.00 $3,100.00 lHandwash Stations(one-day) 16 Each $45.00 $720.00 TOTAL: $13,180,00 COMPANY NAME: United Site Services of Texas, Inc. SIGNATURE OF AUTHORIZED REPRESENTATIVE: PRINTED NAME: Adam W. Jacobs PHONE NUMBER: 512-663-7136 EMAIL ADDRESS: Charles.Vetters@unitedsiteservices.com Exhibit "A" City of Round Rock Portable Toilets Rental, Cleaning, &Maintenance 11713 No. 19-015 Class/Item:934-84 MARCH 2019 RESPONDENT QUESTIONNAIRE 40%Points Name of Business: United Site Services of Texas, Inc. Physical Address of Headquarters (HQ,): 118 Flanders Road Westborough,MA 01581 Physical Address of Serving Branch: (if different address from HQ) - 5910 Johnny Morris Road Austin, TX 78724 1, EQUIPMENT LIST: Attach a separate sheet of paper that describes the type of vehicles and equipment that will be used to support this contract. (15%Points) 2. Number of full-time employees that are eligible to work on City of Round Rock projects: Number of Employees: 45 3. How many years has your company been in the portable toilet rental, cleaning, and maintenance business? Number of years in the commercial toilet rental, cleaning, 11 years and maintenance business: 4. EXPERIENCE: On a separate sheet of paper describe relevant company and individual experience for the personnel who will be actively engaged in the performance of this contract. (25% Points) • Company work experience: Describe recent company work experience (2 years or less)for at least 2 commercial contracts for toilet rental, cleaning, and maintenance services. • Individual Work Experience- Include the resume of the owner and lead personnel as well as supporting documentation as applicable;such as certifications, licenses and years of experience. Exhibit "A" Page 13 of 14 City of Round Rock Portable Toilets Rental, Cleaning, & Maintenance IFB No. 19-015 Class/Item: 934-84 MARCH 2019 ATTACHMENT B: REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: IFB No.19-015 RESPONDENT'S NAME: United Site Services of Texas,Inc- DATE: 4/08/19 Provide the name, address,telephone number and E-MAIL of at least three (3)valid Municipal, Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last three (3)years. City of Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result in the disqualification of submittal. I Company's Name City of San Marcos Name of Contact Sandra McKenzie Title of Contact Purchasing Department E-Mail Address smekenzie@sanmarcostx.gov Present Address 630 E Hopkins City,State, Zip Code San Marcos,TX 78666 Telephone Number ( 512 ) 393 8170 Fax Number: 2. Company's Name City of Austin Energy Name of Contact Neal Ashmore Title of Contact Purchasing Department E-Mail Address neal.ashmorec@austinenergy.com Present Address 2526 Kramer Lane City, State, Zip Code Austin,TX 78758 Telephone Number ( 512 ) 505-3787 Fax Number: 3. Company's Name University of Texas at Austin Name of Contact George Arrendando Title of Contact Purchasing Department E-Mail Address ga@utexas.edu Present Address PO Box 7399 City, State, Zip Code Austin,TX 78701 Telephone Number 512 ) 803 3314 Fax Number: FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Exhibit "A" Page 14 of 14 United SITE SERVICES ,, � PORTABLE RESTROOMS,SINKS,RESTROOM TRAILERS AND MORE www.unitedsiteservices.com To Whom it may concern; Below is a list of our equipment we have that will provide the necessary services for your events as well as your everyday needs (see attached photos of our service trucks and pickup and delivery trucks). We have 22 service trucks and 5 pickup and delivery trucks in our fleet. The majority of these trucks are 2017 and newer. Our service trucks have the capabilities of holding up to 1500 gallons of waste and 500 gallons of water. They come complete with a PTO pump to excavate holding tanks and portable toilets in a timely manner, most of our trucks have hose connections on both sides of the truck for route efficiencies. We provide a world class 8-point service plan that includes. Each portable toilet service involves the following steps: 1. Restroom to be placed in a convenient accessible location on level ground. 2. Holding tank will be evacuated and interior debris removed. 3. Holding tank will be refilled with earth-friendly deodorizer. 4. Interior walls, toilet seat, urinal, exterior of holding tank, paper dispenser and floor will be sprayed with disinfectant, cleaned & dried. 5. Interior will be sprayed with a special deodorizer. 6. If ordered, Hand Sanitizer or Hand Wash Station will be replenished and restocked. 7. Toilet paper dispenser will be restocked with 2 rolls. 8. Technician will inspect each unit for minor damage or repairs. 118 Flanders R�d�ui+eQ00 II1y�stbo(Fax) ou}h ,MA 01581 508-594- 8- -2581 Fax +t k US GALLN s a � 1-800•TOIL"S 3DO GALLON F PSNH_ W.A @f�i3lCi WVU!{tWfl U5QOT 1SSS56SAW 4 M1 • -"rte..>. ` Service SITE H,Pl.lic< rho►. 1,.800-TOILETS uniteds�teseruiEut E�m USDOT 1855564 f - `` (UZ SITE.SERVICES United Site Services of Texas, Inc. Individual Work Experience Ryan Waldron serves as the Vice President of Sales for United Site Services, is a resident of Round Rock, and has over 25 years of management, operations, sales, product development and marketing experience. Prior to joining United Site Services, Ryan served as Vice President of Strategic Sales at Aramark where he led a National Account Sales team. Additionally, Ryan was Head of National Sales for technology start up Rubicon Global helping them achieve $1 B `unicorn status' which was recognized by Forbes Magazine in 2017. During his tenor at Republic Services Ryan held positions of increasing responsibility including Division Sales Manager, Senior Manager Product Development, and Area Sales Manager. A proud Marine and Iraq War Veteran, Ryan served our nation for over 17 years of military service. As a believer in community engagement, Ryan regularly volunteers to support non-profit organizations. He was a Chapter President for the National Marine Corps Business Network and a founding Board Member for the Community ToolBank. Ryan holds a BS in Business Psychology from Eastern Oregon University. He along with his wife, Janice, and their three children are proud to call Round Rock home and look forward to helping to serve the residents of our great community. Exhibit "A" Charles Vetters Austin, TX 78731 5124678004 •charleswvetters@gmail.com •www.linkedin.com/in/charleswvetters Sales and Business Development Professional Account Manager II Revenue Generator II Business Developer SUMMARY Innovative sales management/business development professional capable of taking initiatives and producing superior results. Proven record of achieving effective sales leadership skills to discover,initiate,develop,and implement revenue growth. Excellent verbal,written, interpersonal,and presentation skills to effectively build relationships one-on-one,in groups,on the phone,and virtually. FIELDS OF EXPERTISE • Consultative Selling • Customer Relations • Team Building • Business Development • Strategic Planning • Project Management • National Accounts • Contract Negotiation • Value Engineering CORE COMPETENCIES • Successfully manages projects from prospecting stage through bidding,closing,and implementation;including after transaction follow up. • Writes winning complex and detailed proposals. • Excellent presentation and negotiating skills. • Negotiates all aspects of transaction—financial,legal,and scope of work. • Closes complex lease and sale transactions of$100,000-$1 million+. • Leads project teams to slash costs and increase margin. • Motivated self-starter—history of discipline to achieve goals with minimal remote management. NOTEWORTHY ACCOMPLISHMENTS • 2017 results(the last full year before ModSpace was purchased): ➢ Ranked top 15%of peers overall ➢ New Sales Margin—243%of goal ➢ Value Added Products—116%of goal • Increased Value-Added Products revenue by over 200%in last four years • Grew Average Monthly Lease Rate by over 30%in last four years,top 15%in company • Division Representative of the Month(3 times in 2018) • Division Sales Representative of the Year—GE • Peer Select Award—GE • Multiple Net Promoter Score(NPS)and quality awards PROFESSIONAL EXPERIENCE ACCOUNT MANAGER February 2019-Present United Site Services—Austin, TX Outside Account Manager—Rents and sells portable sanitation solutions,temporary fencing,and waste disposal. • Outside Account Manager for Austin and Round Rock areas. • Manages territory and portfolio of customers. Exhibit "A" TERRITORY SALES MANAGER April 2007-November 2018 ModSpace Corporation—Austin, TX Outside Sales Manager-Leased and sold commercial modular building projects and related products/services(Value Added Products)- including furniture,generators,waste management,and site services. Main point of contact for customers. • Developed and implemented strategic sales plans for new and existing customers in Central Texas area. • Grew business with current customers,obtaining increasing market share and customer wallet share. • Coached and motivated inside sales representatives supporting territory. • Increased customer satisfaction using Net Promoter Score(NPS)based analysis and action plans. • Marketed and promoted through Linkedln,continues to write blogs and publish. • Drove sales process via Salesforce from prospecting stage through close and after sale follow up,projected revenue and volume. SALES MANAGER September 1996-April 2007 General Electric Capital Modular Space—Austin, TX Outside Sales Manager—Leased and sold commercial modular building projects in the Austin area,and for a time San Antonio. • Consistently grew revenue,expanded customer base,and upsold value added products and services. • Sole outside sales manager for the Central Texas office-consistently recognized by GE for superior results and profitability. • GE Capital Modular Space was spun off from GE to form a new independent company—ModSpace. EDUCATION BACHELOR OF BUSINESS ADMINISTRATION,MARKETING AND ACCOUNTING University of Texas at Austin,Austin, TX CERTIFICATIONS SIX SIGMA GREEN BELT CERTIFICATION—General Electric Corporation TECHNOLOGY Salesforce, MS Office, Basic CAD—design and layout Exhibit "A" 'tRGUND ROCK TEXAS aa2�wma PURCHMN5 UMSION ADDENDUM CITY OF ROUND ROCK,TEXAS Solicitation: IFI3 19-015 Addendum No: I Date of Addendum: 3128/19 This addendum is to incorporate the following changes to the above referenced solicitation: 1. Clarifications:The bid sheet has been updated to include signature line information. 11. Questions,* 01, Our handicap accessible units do not come with ramps as they are flush to the ground.Will you accept handicap accessible units without ramps? Al. Handicapped units shall meet ADA specifications. If they do meet these requirements the City can use them. 02. Our units are not fiberglass. Our units are plastic.Will you accept plastic units? A2. Plastic units'are acceptable. Q3. On Attachment A—Bid Sheet please clarify what you mean by"annual portable toilet rental, cleaning, and maintenance service(one-day)."Do you want the yearly price per unit in the unit cost column or do you want the unit price for I day and one service on that day in the unit cost column? A3. In attachment B we include the number of toilets required on a per-day basis for special events where we only require the units for that one day. The City requires that the price for a one-day rentals be disclosed on the bid sheet in an amount of 186 regular units and 62 handicap units. Please put the one-day cost as the unit cost,the formula in the spreadsheet will create the extended cost. Q4. Can the standard or supplemental terms and conditions be negotiated? A4, No. The solicitation states "Be advised that exceptions taken to jM portion of the solicitation or any unauthorized changes to the bid sheet will result in the bid being deemed non-responsive." Therefore, no negotiation or exceptions are permitted for the solicitation. Ill. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. f APPROVED BY: _&Lj,0UL March 28,2019 Cheryl Kauffen, Pure s Supervisor Purchasing(Office, 512W8-5417 By the signature affixed below this addendum is hereby incorporated Into and made a part of the above referenced solicitation. ACKNOWLEDGED BY, United Site Services of Texas,Inc, Adam W. Jacobs 4/8/2019 Name d-1 aiure Date 09VIX"Ah"ibit "All RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO 00 SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. Exhibit "A" CERTIFICATE OF INTERESTED PARTIES FORM 1295 1cf1 Complete Nos.1-4 and 6 If there are Interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 If there are no Interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. United Site Services of Texas,Inc. 2019-504422 Austin,TX United States Date Filed: 2 Name 67f govemiVerf1W entfty or state agency dw Is a party to the contract for the 06/13/2019 being filed. City of Round Rods,TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract IFB-19-015 Portable Rest Rooms and Sanitation 4 Nature of interest Name of interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there Is NO Interested party, Q X 6 UNSWORN DECLARATION My name is--- lam`4,clef (� t f�'Qr j and my date of birth Is My address is_ "tq tO C,J PC^. �-J.S Tih1 TSC '74?12{ (street) (city) (state) (7JP fie) (country) declare under penalty of perjury that the foregoing Is true and correct. Executed in rAAya County, State of on the-L3-day of--Ju"e- .20L_19 ( ) (year) Signature of authorized agent of contracting business entity (Dedamnt) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. United Slte Services of Texas, Inc. 2019-504422 Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/13/2019 being filed. City of Round Rock,TX Date Acknowledged: 07/23/2019 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. IFB-19-015 Portable Rest Rooms and Sanitation 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street)) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c