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R-2020-0192 - 7/23/2020RESOLUTION NO. R=2020=v0192 WHEREAS, the City of Round Rock ("City") desidesiresto purchase building maintenance, repair, operations and equipment, and related goods and services; and WHEREAS, Chapter 271 . Subchapter F of the Texas Local Government Code allows for local governments to participate in cooperative purchasing programs with other local governments; and WHEREAS, the Buy Board Cooperative Purchasing Program ("Buy Board") Is is a cooperative purchasing program administered by the Texas Association of School Boards for the purpose of procuring goods and services for its members; and WHEREAS, the City 14's a member of Buy Board; and WHEREAS, Elliott Electric Supply i*s an approved vendor of Buy Board; and WHEREAS, the City desires to purchase said goods and services from Elliott Electric Supply 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 Purchase of Building Maintenance,,, Repair, Operations and Equipment with Elliott Electric Supply, 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. 0112.20202; 00449843 RESOLVED this 23rd day of July, 2020. CRAIG , ORGA Mayor City of Round Rock, Texas ATTEST: I tot SARA L. WHITE, City Clerk EXHIBIT "A#41 CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF BUILDING MAINTENANCE, REPAIR, OPERATIONS AND EQUIPMENT WITH ELLIOTT ELECTRIC SUPPLY THE STATE (OF TEXAS § CITY OF ROUND ROCK § COUNTY OF WILLIAMSON § COUNTY OF TRAMS § KNOW ALL BY THESE PRESENTS0 : THAT THIS AGREEMENT for the purchase of building maintenance,, repair,, operations Find equipment, and for related goods and services (referred to herein as the "Agreement"), is made and entered into on this the day of the month of , 2020 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 78664m5299 (referred to herein as the "Cl'"), and ELLIOTT ELECTRIC SUPPLY, whose addressIS ty 12555 Harris Branch Parkway #105, Manor, Texas 78653 (referred to herein as " Vendor" ). RECITALS0 : WHEREAS, City desires to purchase certain goods and services related to building maintenance, repair, operations and equipment, and City desires to procure same from Vendor; and WHEREAS, City i's a member of Buy Board Cooperative Purchasing Program ("Buy Board1') and Vendor is an approved Buy Board vendor through Buy Board Contract #577,w18; and WHEREAS, City desires to purchase said 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 i*n 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, 1"t I*S mutually agreed between the parties as follow: 004456661/ss2 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 obll*gated to provide said services. The Agreement includes Vendor's discounts off catalog pricing (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 Maj*eure 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, sto,rms, 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, snecifications, and technical assistance specified. 2.01 EFFECTIVE DATE, TERM, PRICES FIRM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term I'ndicated herein, or is terminated or extended as provided herein. B. This Agreement shall terminate November 30, 202 1. C. City reserves the 0 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 desc0 ribed in Exhibit "A" and, together with this Agreement, comprise the Contract Documents. 4.01 ITEMS A. This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Be Vendor shall satisfactorily provide all deliverables described 1*n Exhibit "A" within the contract term specified. A change in the Scope of Services or any term of this 2 Agreement, including bonding requirements, must be negotiated and agreed to in all relevant details, and must be embodied i*n a valid Supplemental Agreement as described herein. 5*0 1 COSTS A. City agrees to pay for supplies during the term of this Agreement at the pricing set forth at in. Exhibit "A." Vendor specifically acknowledged and agrees that City is not obligated to use or purchase any estimated annual quantity of goods. Only if, and when needed by City, the costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor. Be The City shall be authorized to pay the Vendor an amount not -to -exceed One Hundred Fifty Thousand and No/100 Dollars ($150,000-00) for the term of this Agreement. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendore 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 0. This Agreement is a commitment of City9 s current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of anyItyCfiscal 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 at . Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, 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 Cl*ty receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge interest an an overdue payment at the "rate in effect" on September 1 of the fiscal year i*n which the payment becomes overdue, i*n accordance with V.T.C.A., Texas Government Code, Section 2251.025(b)lp however, this Policy does not apply to payments made by City 1*n the event: 3 A. There i*s a bona fide dispute between City and Vendor, a contractor, subcontractor or supplier about the goods delivered or the service performed that cause the PYament to be late; or Be The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There i's 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 Cityin str0 ict 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 i"n 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 1*n Title 8 of the Texas Penal Code. 10e0l TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be includedi'*n 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: Chad McDowell Director of General Services 212 Commerce Cove Round Rock, Texas 78664 (512) 341m3191 cmcdowell(a),roundrocktexas,.gov 4 13.01 INSURANCE Vendor shall meet all City of Round Rock Insurance Requirements as set forth at: hqp,,//www.roundrocktexas.gov/wg-content/u-Dtoads/2014/12/co insurance 07.20112.vdf 14e0l RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other P ty 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 ies 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 i's a cause of City purchasing the specified goods esewere, Vendor agrees that it may be charged the difference ilhn cost, if any, and that itt 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 1*n 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. D. In the event City terminates under subsections (A) or (B) of this section,, the following shall apply: Upon City's delveryiof the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed 5 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, attorneys 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, i*n the performance of Vendor's obligations under this Agreement, no matter how, or to who 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 ani"ndemnified 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 40 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. 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 tnsfer any interest in this Agreement without prior written authorization raof the other party. 20.01 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 the recipient's address as stated in this Agreementis ; or 6 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. Elliott Electric Supply 12555 Harris Branch Parkway #105 Manor, Texas 78653 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 lie in Williamson County, Texas. This Agreement shall be govemed by and construed in accordance with the laws 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 unenforceabill*ty 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 vrovision 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 7 1p 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 voidie 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 general ly 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 ti' eframes 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 add'st"onal legal rights or remedies. Force Maj*eure. Neither City nor Vendor shall be deemed in violation of this Agreement i,of i"t 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 i*n multiple counterparts, any one of which shall be considered an original of thisd11111 III )cUilinent and all of which., when taken together, shall constitute one and the same instrument. [Signatures on the following page.] _WI-IEREOF, this A0're-e-Inetit. on tIie dates IN WITNES-S and .l-iave executed indicated. City of Round Rock., Texas -By-6 ----------------- --------------------- Pri'nted Name:., Title: ------------------------- --- --- Date Signed: --------------------------- ------------ - ------------------ ------- Wlft% -------------- ----- WWW%W fittest: By: Sara L. white, cicy c�erk For Ci#y,Form's Approved as to By* ------ - --- --------------- Stephan L. Sheets, City Attorney. E Iliatt -Electrif#,c Supply ---------------- 'N'a-ni d* -Prilite I *Oot Date Signed: i t - ---------------- -- - ------------------ t:XhIDIt '•A•' City of Round Rock. Texas Price Sheet Elliott Electiric Supply BuyBoard Contract 577M18 The City of Round Rock would like to enter into a contract with Elliott Electric Supply per the temps of Buy Board Contract 577-48. The City intends to purchase from this contract Building Maintenance, Repair and Operations Supplies and Equipment in a total amount not to exceed g150k Contract Term: Effective from date of execution and will expire on 11/30/2021, per the terms of BuyBoard Contract No., 577-18 Special Instructions: Complete pricing below and submit copy of price list or catalog. Section I: BuRding Maintenance, Re sir and Operations SupplIes and Eq ni meat Item # Short Description State Percent (0/0 of Discount State Name of FallDescriptionor1pnk ofCatat ricetist Catalelist Exceptions to Diaconal Please state the discount (%) off Discount Off catatog/pricelist for Electrical Catalog/Pdcelist for Supplies, Materials and Equipment. 5% Electrical Supplies, Catalog/Pricelist MUST be Materials and included or proposal will not be 1 Equipment considered elliott electric 577alS Please state the discount (%) off Discount (%) Off catalog/pffcelist for Various Types of Catalog/Pricelist for Lamps and Ballasts. Catalog/Pricelist 81% Various Types of MUST be inducted or proposal will not be 3 Lamps and Ballasts considered elliott electric 577-18 Discount (%) Off Please state the discount (%) off Catalog/Pricelist for catalog/pricelist for All Types of All Types of Fasteners Fasteners and Hardware Productst. 15% and log/Pricelist MUST be Included or 101 Hardware Products proposal will not be considered eptott electric S7748 Please state the discount (%) off Discount (%) Off catalog/pricelist for Ehand Tools. Catalog/Pricelist for Catalog/Pricelist MUST be 30 Hand Tools included or proposal will not be 19 considered eltiott electric 577-18 lnformaftn Oily: The Chy of Round Rode reserves the ftift to order or products from the attached MSRP Sheet per the discounts quoted in BuyBoard Contract COMPANYNAME, Elliott Electric Supply alvtv ti i u xz yr e r nR i7Fn PRINTED NAME: Kody King PHONE NUMBER,* 512-24&8001 EMAIL ADDRESADDRESS:kodykinsteeLiottelectric.com Ae(::)R& CERTIFICATE OF LIABILITY INSURANCE DAiE (MA�R!lDDIYYY`() 5/1112020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CE IFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the holder Is an ADDITIONAL ENSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this cate does not cow rights to the rtificate holder In lieu of such andorsoment(s). PRODUCER BXS Insurance 3310 N. University Drive Nacogdoches TX 7596& INSURED Elliott Electric Supply, Inc. P. O. Box 630610 Nacogdoches TX 75963m061 0 ELUELE-01 cc MMEe Denise Moreau PHONE 936=564=0221(AMNa Fxy�--- --_ -- ---- E4dMLdenise.moreau�bxsi_com___. FAX __.._.��__..._._.� _._ __. _ _ _ .__ INSURER(3) AFFORDING COVERAGE .ENSURER A-- - : Hartford Casualty Insurance Company ENSURER B : Hartford Underwriters Insurance. Comps INSURER C M � ��_ � fir_ � • . • � • • . __ • . • - -!� _ • . INSURER 0 INSURER E : RERF: COVERAGES CERTIFICATE NUMBER.2014520307 REVISION NUMBER: MAIL 0 ..-- --_.- 29424 30104 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 0 a 400.0w..doea I Man-wom ---w We SEND Iff 0 Depw. � POLICY EXP LIM-nWM (M 1=0� ITS R TYPEOFINSURANCE POLICY NUMBER� LICY am 1) nw M- w e X COMMERCIALGENERA�uAB1UTY 61UENHN2347 1?J2512019 12/2&2020 EACHOCCURRENCE E1.000,000 �RENTEG-------..... CLAIM9�AADE X OCCUR I � PREMISES LEP.oCCANTOnM�_ $ 500t000 _ htED EXP (Any one pe rso_ _ i E 109000 .- - ' PERSONAL & ADV INJURY E I 000090w GEWL AGGREGATE LIMIT APPLIES PER: � GENERAL AGGREGATE $290009000 X PROw POLICY JECT LOC � PROpUCTS_ compiop AGG $29000v000 -._ OTHER: E A AUTOU0 LIABILffY 61UENHNOIOS 12/2512019 1212&2020 �� EMI GLE LIMIT : 1,pp0,000 '00" - X ANYAUTO � INJURY (Parperson) S ALIT ONLY 3AUTOSULED i i �BOOILY BODILY fl�,iliRY (Peraft X HIRED x NON.OWNED PROPERTYDAdNAGE E AUTOS ONLY AUTOS ONLY (Pert) ------ -.- - E A X MBRELLALLAO X OCCUR 61RHUHH8068 12/2512019 12/25/2020 FACH OCCURRENCE 1000000000 �CE93 Ll" CLAIMS -MADE AGGREGATE $1000004000 - -- --$ X �. A P 61WBAC2SSM i 1=&2019 12J2&2020 IX STATUTE : I.- £R0TH ANDDED EMPWYEWRETENTIO1ABIL"NS Y I N .. _ . _ .. -- -- - - - ANYPROPRIETORJPARTNERJEXECUTNE OFFICERIMEMBEREXCLUOE7t � NIA � E.L. EACH ACCIQENT !_ $ 1,000,000 _ 0 N I tE_L. DISEASE - EA EMPLOYEE S 1.000.000 s-t-be undw DXSCRIPTION OF OPERATIONS below E-L DISEASE • POLtCY LIMIT $19000,000 i DE8CRIPTION OF OPERATIONS J LOCATIONS I VEFIICLE8 (ACORD 101, AtletHlonal Remarks Schedule, may he attached It more spew Is required) CERTIFICATE HOLDER City of Round Rock 221 East Main Street Round Rock TX 78664 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE D IVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHOgQEO REPRESENTATIVE Ida 0 1988ACORD CORPORATION. All rights reserved,, ACORD 25 (201W03) The ACORD name and logo are registered marks of ACORD