R-2019-0334 - 8/22/2019 RESOLUTION NO. R-2019-0334
WHEREAS, the City of Round Rock ("City") desires to purchase public safety and firehouse
supplies and equipment; and
WHEREAS, the City is a member of the Buy Board Cooperative Purchasing Program ("Buy
Board"); and
WHEREAS, Casco Industries, Inc. is an approved vendor of the Buy Board; and
WHEREAS, the City desires to purchase certain goods and services from Casco Industries,
Inc. through Buy Board, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for the Purchase of Public Safety and Firehouse Supplies and Equipment with Casco
Industries, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated
herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 22nd day of August, 2019.
CRAIG O G ayor
City of ound R , Texas
ATTEST:qr4c ,
UW
SARA L. WHITE, City Clerk
0112.1902;00429516
EXHIBIT
„A„
CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF
PUBLIC SAFETY AND FIREHOUSE SUPPLIES AND EQUIPMENT
WITH
CASCO INDUSTRIES,INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement is for the purchase of public safety and firehouse supplies and
equipment, and is referred to herein as the "Agreement." This Agreement is made and entered
into on this the day of the month of , 20199 by and between the CITY OF
ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main
Street, Round Rock, Texas 78664, referred to herein as the "City," and CASCO INDUSTRIES,
INC., whose offices are located at 607 West 62 Street, Shreveport, Louisiana 71108, referred to
herein as "Vendor." This Agreement supersedes and replaces any previous agreement between
the named parties, whether oral or written, and whether or not established by custom and
practice.
RECITALS:
WHEREAS, City desires to purchase public safety and firehouse supplies and
equipment, and City desires to obtain said goods from Vendor; and
WHEREAS, City is a member of the Buy Board Cooperative Purchasing Program ("Buy
Board") and Vendor is an approved Buy Board vendor through Buy Board Contract # 524-17;
and
WHEREAS, City desires to purchase certain goods and services from Vendor through
Buy Board as 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 receipt and sufficiency of which are hereby acknowledged,the parties
mutually agree as follows:
00427269/ss2
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1.0 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City agrees to obtain specified goods and Vendor is obligated to provide specified goods. This
Agreement includes any exhibits, addenda, and/or amendments thereto.
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. Goods mean the specified supplies, materials, commodities, or equipment.
E. Vendor means Casco Industries, Inc., or any successors or assigns.
2.0 EFFECTIVE DATE; INITIAL TERM; ALLOWABLE RENEWALS
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. This Agreement shall expire on March 31, 2020.
3.0 SCOPE OF WORK
A. The goods and related services which are the subject matter of this Agreement are
described generally in the attached Exhibit"A."
B. This Agreement shall evidence the entire understanding and agreement between
the parties and shall supersede any prior proposals, correspondence or discussions.
C. 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.
4.0 COSTS
A. City agrees to pay for goods and related services during the term of this
Agreement at the pricing set forth in Exhibit"A."
B. The City shall is authorized to pay the Services Provider an amount not-to-
exceed Two Hundred Thousand and No/100 Dollars ($200,000.00) for the term of this
Agreement.
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5.0 INVOICES
All invoices shall include, at a minimum, the following information:
1. Name and address of Vendor;
2. Purchase Order Number;
3. Description and quantity of items received; and
4. Delivery dates.
6.0 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.
7.0 PROMPT PAYMENT POLICY
Prompt Payment Act. 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:
1. 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
2. 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
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
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8.0 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.
9.0 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
10.0 INSURANCE
Vendor shall meet all City of Round Rock insurance requirements set forth at:
httLi://wNr ,w.rouiidr(,)cktexas.c(.) /wp-coii.tent-"u,pIoads/2014/l 2/c(-.)•r inAirance 07 2011.2.pd-f:
11.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Chief Robert Isbell
Fire Department
203 Commerce Boulevard
Round Rock, TX 78665
(512) 218-6630
risbe11%i?roLindi•ocIctexas.gov
12.0 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City acquiring the
specified goods elsewhere.
Vendor shall be declared in default of this Agreement if it does any of the following and
fails to cure the issue within thirty (30)days of receipt of written notice:
A. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
B. Becomes insolvent or seeks relief under the bankruptcy laws of the United States,
and is unable to perform its material obligations under the Agreement.
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13.0 TERMINATION AND SUSPENSION
A. In the event of any uncured default by either party, the non-defaulting party has
the right to terminate the affected portions of this Agreement for cause, upon ten (10) days'
written notice to the defaulting party following the cure period.
B. In the event City terminates under this section, the following shall apply: Upon
the effective date of the termination, Vendor shall discontinue performance of the affected
Services and will schedule the removal of the affected Equipment. The City will be responsible
only for amounts due and owing for the terminated affected Services and affected Equipment up
through the date of termination.
14.0 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.
15.0 ASSIGNMENT AND DELEGATION
The parties 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.
16.0 NOTICES
A. 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.
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Notice to Vendor:
Casco Industries, Inc.
607 West 62 Street
Shreveport, Louisiana 71108
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
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
17.0 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.
18.0 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.
19.0 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.
20.0 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.
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21.0 MISCELLANEOUS PROVISIONS
A. 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.
B. Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have special requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
Where damage is caused to City due to Vendor's failure to perform in the special timing
requirement circumstances, and subject to the Limitation of Liability provision in the Exhibit
"A" (SSA), City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
C. Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors and
assigns.
D. 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.]
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
Casco Industries,Inc.
By: G' "C' &/'-Z&1i
Printed Name: Chancy B i z z e l l
Title: Central Texas Sales Rep
Date Signed: July 7 , 2019
City of Round Rock,Texas
By:
Printed Name:
Title:
Date Signed:
For City,Attest:
By:
Sara L. White, City Clerk
For City,Approved as to Form:
By:
Stephan L. Sheets, City Attorney
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Exhibit "A"
City of Round Rock Texas
Price Sheet
Casco Industries,Inc.
BuyBoard Contract 524-17
The City of Round Rock would like to enter into a contract with Casco Industries per the terms of Buy Board Contract
524-17.The City intends to purchase from this contract public safety and firehouse supplies and equipment in an
amount not to exceed$200,000.
Contract Term:Effective from date of execution and will expire on 03/31/2020,per the terms of BuyBoard Contract No.
524-17.
Special
Line# Product Description Unit of Measure Unit Cost(perBuy Board)
Section 1. Public Safety Supplies and Equipment
1 Streamlight SL-90 Flashlight,LED-C4,model 90500 Orange ea $85.00
2 Streamlight SL-20 Flashlight,LED,SL-20LP-PN2S310,w/out charger ea $73.89
3 Streamlight UteBox Flashlight-model 45127,Orange,w/charger ea $145.86
4 Streamlight Vulcan Flashlight-model 44411,Duel LEOS,Orange,Wout charger ea $93.76
5 Streamlight Scene Light-45670 ea $667.75
6 MSA Breathing Airpacks,G1-444MA206LGR ea $10,190.65
7 MSA 4500 psi/45minute cylinders,G1-10175708,W/QC Adapter ea $1,352.35
8 MSA Repair Parts for Airpacks,G1-Attached parts listing-SEE UST PRICE ea $0.10
9 MSA Accessories for Airpacks,G1-Attaching a list-SEE UST PRICE ea $0.15
10 MSA/Cairns Fire Helmet 1044-1044 Deluxe PN 71M43123100 ea $304.20
11 Globe Turnout Gear Coat,Ultra Xtreme-PBI MAX new spec ea $1,941.37
12 Globe Turnout Gear Trousers,Ultra Gxcel-PBI MAX new spec ea $1,423.10
13 Globe Shadow 1301400 Structure Boot-Shadow pair $435.00
16 Tempest PPV Fan,Gas-910-110016" ea $2,111.48
17 Tempest PPV Fan,Electric-VS1 Deluxe ea $4,098.75
Exhibit "A"
INFORMATION ONLY BELOW
Contract State%of
Co
CoItem Description discount off %Off Catalog Catalog
Line catalog/pricelist
Discount(%)Off Please state the(%)
CataloglPricelist for off catalog/pricelist for
Thermal Imaging Thermal
Equipment Imaging Equipment.
8 Catalog/PriceUst
MUST be included or 28% MSA
proposal will not be
considered.
Discount(%)Off Please state the(%)
Catalog/PrlceUst for off catalog/prfcelist for
Flashlights,Batteries, Flashlights,Batteries,
and related items and related items.
Catalog/Pricellst
MUST be
ft included or proposal 48% Streamlight
wiU not be considered.
Discount(%)Off Please state the(%)
Catalog/Pricelist for Uniforms,Rainwear,Jackets,Footwear and Accessories off catalog/pricelist for
Uniforms,
Rainwear,Jackets,
Footwear and
Accessories.
17 Catalog/Pricelist 30% Lion
MUST be Included or
proposal wiU not be
considered.
Discount(%)OB Please state the(%)
CataloglPricelist for off catalog/priceUst for
Breathing Apparatus Breathing Apparatus.
Catalog/PriceUst
MUST be included or
18 proposal 15% MSA
will not be considered
Discount(%)Off Please state the(%)
Catalog/PrIcelist for Protective Clothing and Rescue Gear including Protective Boots, off catalog/pricelist for
Helmets and Gear Bags Protective Clothing
and Rescue Gear
Including Protective
Boots,
Helmets and Gear
Bags.Catalog/Pricellst
19 MUST be 25% GLOBE
Included or proposal
will not be considered
Exhibit "A"
Discount(%)Off Please state the(%)
Catalog/Pricelist for Protective Clothing and Rescue Gearinduding Protective Boots, oft catalog/pricelist for
Helmets and Gear Bags Protective Clothing
and Rescue Gear
Including Protective
Boots,
Helmets and Gear
Bags.Catalog/Pricelist
MUST be
19 included or proposal 35% MSA-Cairns
will not be considered
Discount(%)Off Please state the(%)
Catalog/Pdcelist for off catatog/pricelist for
Tumout Gear Turnout Gear.
Catalog/Pricelist
20 MUST be included or 25% GLOBE
proposal will not be
considered.
Discount(%)Off Please state the(%)
Catalog/Pricellst for off catalog/pdcelist for
Portable Lighting Portable Lighting
Equipment Equipment.
Catalog/Pricelist
21 MUST be Included or 48% Streamlight
proposal will not be
considered
Discount(%)Off Please state the(%)
Catalog/Pricelist for Uniforms,Rainwear,Jackets,Footwear and Accessories oft catalog/pricelist for
Uniforms,Rainwear,
Jackets,Footwear and
Accessories.
Catalog/Pdcelist
22 MUST be included or 30% Lion
proposal will not be
considered.
Discount(%)Off Please state the(%)
Catalog/Pricelist for Gas Detection Devices off catalog/pricelist for
Gas Detection
Devices.
Catalog/Pdcelist
23 MUST be included or 22% MSA
proposal will
not be considered.
Discount(%)Off Please state the(%)
Catalog/Pricelist for Fire Hose and Nozzles off catalog/pricelist for
Fire Hose and
Nozzles.
Catalog/Pricelist
36 MUST be included or 40% Elkhart&Akron
proposal will
not be considered.
Exhibit "A"
Discount(%)OH Please state the(%)
Catalog/Prioellst for Fire Hose and Nozzles off catalog/pricelist for
Fire Hose and
Nozzles.
Catalog/Prtceliat
36 MUST be included or 35% North American Hose
proposal will
not be considered.
Discount(%)Off Please state the(%)
Catalog/Pdcellst for off catalog/pdcelist for
Other Fire House All Other Fire House
Equipment and Supplies Equipment and
Supplies.
Catalog/Pdceust
25 MUST 12% Zoo
be Included or
proposal will not be
considered
Discount(%)Off Please state the(%)
Catalog/Price(ist for off catalog/pdcelist for
Other Fire House AU Other Fire House
Equipment and Supplies Equipment and
Supplies.
Catalog/Pdceust
25 MUST 11% Ready Rack
be Included or
proposal will not be
considered
Discount(%)Off Please state the(%)
Catalog/Pdcelist for off cataloglpdceUst for
Other Fire House All Other Fire House
Equipment and Supplies Equipment and
Supplies.
Catalog/Pdcelist
25 MUST 25% TEMPEST
be Included or
proposal will not be
considered
Discount(%)Off Please state the(%)
Catalog/Pricellat for Fire House Equipment Repair Parts off catalog/pdcelist for
Fire House Equipment
Repair Parts.
Catalog/Pdceust
26 MUST be included or 10% MSA
proposal wlil not be
considered
Exhibit "A"
Not to Exceed Retailed Information
Installation and Repair Service Hourly on Hourly Labor Rate
Labor Rate
Not to Exceed Hourly Labor Rate for Installation/Repair Service of Public Safety Hourly Labor Rate for
Equipment and Products Installation/Repair
Service of Public
Safety Equipment and
Products—State the
Not to Exceed hourly
labor rate for
Installation/Repair
Service of Public
27 Safety Equipment and $95hr CASCO
Products.
Not to Exceed Hourly Labor Rate for Installation/Repair Service of Firehouse Hourly Labor Rate for
Equipment and Products Installation/Repair
Service of Firehouse
Equipment and
Products-State the
Not to Exceed hourly
labor rate for
Installation/Repair
28 Service of Firehouse $95 hr CASCO
Equipment and
Products
Information Only: The City of Round Rock reserves the right to order other products from the attached MSRP Sheet per the discounts quoted in the BuyBoard
Contract#524-17
Signature of Authorized Representative:_Ci ��
Printed Name: Chancy Bizzell
Phone Number: 512-848-9971
Email Address: cbizzell@cascoindustries.com