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R-2021-007 - 1/14/2021RESOLUTION NO. R-2021-007 WHEREAS, the City of Round Rock ("City") desires to purchase various goods and services through Amazon's business online marketplace, and WHEREAS, the City is a member of Omnia Partners, a cooperative purchasing program, and WHEREAS, Amazon Services, LLC is an approved vendor of Omnia Partners, and WHEREAS, the City desires to purchase various goods and services from Amazon Services, LLC through Omnia Partners Cooperative Contract No. R-TC-17006, 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 a Cooperative Purchasing Agreement with Amazon Services, LLC for the purchase of various goods and services through its online marketplace, 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 5 51, Texas Government Code, as amended. RESOLVED this 14th day of January, 2021. CRAI MOR N, Mayor City of Roun ock, Texas ATTEST: qPA& J Q- SARA L. WHITE, City Clerk 0112.20212; 00462550 EXHIBIT «A» lu",%k 'A A COOPExTTA v1F E PURCHASING AGREEMENT THIS COOPERATIVE PURCHASING AGREEMENT ("Agreement"} is made and entered into this day of 2020 ("Effective Date"), by and between the City of Round Rock, Texas ("City"), and Amazon Services LLC ("Amazon"). WHEREAS, On January 29, 2017, based on the results of the competitive process, PWCS, the administering agent on behalf of USCGPA, entered into a contract witli A on SeServices LLC and entitled "Onl*ine Marketplace for the Purchaseof Products and Services" identified as Amazon Business Contract No. R-TC-170O6 (Attachment A), AGREEMENT Scope of Work.* Per U.S. Communities and PWCS Contract No. R-TC-17006 (Attachment A). Incorporatson. Thl's Contract shall fully *incorporate the agree ent (Attachment A) between the PWC3-and Amazon Services LLC which the parties agree are true and correct, is Ter of Contracts. This Contractis effective on the last date that this Contract signed by City and Amazon for a temp extending through January 18, 2022. This Contract may be extended for three {3) additionaD two (2) year periods at the election of PWCS,, Applicable Law: Partt`cipating Public Agencies may purchase Products and Services on the same terms, cond*ttions and pricing as the Lead Publ*ic Yj o anY A enc sub ect tapplicable local 9 purchasing ordinances and the laws of the State of purchase. [Signatui°es on the following page.] 0045UIQStss2 IN WITNESS WHEREOF, this Contract is executed by City and Amazon acting by and through their authorized officers. CITY OF ROUND ROCK, TEXAS go By* - ------ -------------- - ---------- - ----- Date. --- AMALUN SERVICES LLC Late: ATTACHMENT "A" Amazon Business Contract No. R4*TClm 17006 Prince Wflfiam-Countv Provtdtng►A iVortd-Ct'ass IltlsrwtNoaa 1 w ik This Contract entered into this , ..day of Jonua 017 bv. Amaz2.q m it to as tho "Contractor" and Prince 20108 einafter refarmd to as the 7fince William County Pubild Shl u OPurchasing CS". WITNESSETH that the Contractor and PWCS, in consideraWnof themutual covenants, pmmises and agreements herein contained, agree as follows: e SCOPE OF CONTRACT: Contractor shall provide an Ors -Line Marketplace for the Purchase of Products and Services in accordance Iffifth the Statement of Needs, General Terms and Conditions and Special Terms and Conditions stated herein 2. ACC DOCUMENTS; The contract documents shall consist of the fallowing. - A. This signed Contract document; .. Memorandum of Negot'latons dated Jars a CONTRACT TERM AND RENEWAL-, . 1 The Initial tern of this contract shall be from the date of award, Z , with the option to renew for three additional two -one-year periods, upon mutual written consent of the partles to the contract. Proposed prices shall remain firm for the initial term of the contract, bCONTRACT ADMINISTRATOR/PROJECTf The following PWCS employees are Identified to use all powers under the contract to enforce its faithful rf rr art � a CONTRACT ADMINIS r the Contract AdmInistrator, the following Individual, or € /hcr designee, shall serve as the interpreter of the ndl io f the contract and shall use all powers under the contract to enforce its faithful performance. 4*2-@ PROJECT MANAGER: The following individuals shall work directly with the Contractor in scheduling and coordinating work, answering questions in connection with the scope of work, and providing general direction under the resulting contract: so TIME 1Cj)F PERFORMANCE.,, in accordance with Contractor's proposal, SecUon 4.2 2*, and 5.3-2. 6, PRICING: I n accordance with Contractor's proposal, SecUon 4.2. 1. 7. PAYMENT TERMS.'s In accordance with Contractor's proposal, Section S.S.B. Prince William County does not discnminate agaInst fe'loth"based organizations In accordance with the Code of V7ig/nis, §22m4343, I or against a bidder or offeror because of race, religion, color, sex, national origin, age, d1sability, or any other basis prohibited by state law relating to d1scr1m1naVon in employment. This contrad shall constitute the whale agreement between the parties. There are no p�mises, to s and conditions, or obligatlons other than Those contained herein, and this contract shall supersede all pro Nous communications, representaiYons, or agreentsem, written or verbal, between the parties hereto related to (hip pmvislon of goods (including teases themoo, services andlor Insurances described herein. IN WITNESS THEREOF, the parties have caused this Contract to be executed by the following duly authorized offIcIals.6 Date LHOM. PU,RCHASING Pi47�1tlC D s anzed Sig Type Name 5U Smoakqe Lr f u-alingm-,Pu Title l -.---- ----31- - --- ------- Date Prince '9�ffli.. Countv PravtrNatgA 1Fnrlrl=Clars.6drrcatlon � MEMORANDUM of NEGOTIATIONS -TC-17 0 Dated.January 19, 2017 Prince William County Schools (hereinafter celled WC) and Amazon Services, LLC (hereinafter called the Contractor) hereby agree to the following in the execution of Contract R-TC-17006 forOn-Line Marketplace for the Purchases of Products and Services. The final Contract contains the following documents listed in the order of precedence. attached-, t. This Memorandum of Negotiations- g. Any subsequent modifications to the Contract, a The contract term shall remain s originally issued in the RFP, as follows: 9.1. The initial term of this contract shall be five years from the date of award to Decomber 30, 2021 , with the option to renew for three -two year periods, upon mutual written consent of the parties to the contract. . Amazon Whispereast is not being offered upon award but will remain in scope for future offerings by the Contractor, In addition, all new Amazon business opportunities may be modified to the Contract by mutual agreement between the Contractor and PWCS, (AGAL Memvrendum of Negotiations R-7G 17006 Page 2 st 3. The fatlowEngprovisionadded to PWCS Special Terms and Condition 0 is 10.7 NOTICE OF DEFERRAL. FEDERALGRANT UNIFORM GUIDANCEWFjMM011 As permitted under the rule published at 80 FR 54a07, Prince William County Schools is electing to defer until July 1, 2Q17, the implementation of the info our Internalprocurement policies. 4. Contractor's response tQ Glorification Questions dated October 31, 2418, Question #1 The State of Iowa is hereby removed as an excluded state and allowed use of the Master Agreement award. ACCEPTED BY: )91AJ &/t 00 Contractor Authorized Sigh Tifle - -- - JlmTctty,, ic 4 P! Supervisor of P ore 61CP C ;cha -f ---------------- Date ,mil On Da(e ATTACHMENT "B" - Chapter 2270 Verification DocuSign Envelope ID: 4454FBOA-4Et2-4F23-BA18-1205COC11FDC CC MISC 00179287 2019 TR HB89/CHAPTER 2270 VERIFICATION Anne Rung , the undersigned representative of (PRINT NAME) Amazon Business (COMPANY) do hereby verify, to the best my knowledge, that the company named -above, under the LIeqprovisions ofSubtitle F Titim 1) ING01 1 11 , .nt Code Chnnter2270 ti i tconsistentwith United States federal antiboycott laws: 0 Does not boycott Israel currently.,'. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terming#ing business activities with,, or otherwise taking any actionthat i*s intended to penalize, economicharm on or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-cantrolted territory, but does not include an action made for ordinary business purposes; and It Is & 2. "Company"' means a for -profit sole proprietorship, organization, association, carporatfon, partnership , Joint venture , limited partnership, limited liability InincludFnga iabli *tv comp Y, ip,, or any i'ted I * anwholly owned subsidiary, partnersh# liom' al 0 maJority-owned subsidiary, parent company ar affilfate of those entities or business 0 1dWWk profit. associations that exist to make cu DocuSigned by: SIGNATURE OF COMPANY REPRESENTATIVE August 14, 2019 Directar --------------- DATE TITLE See Section 8 of the Export Administration Act of 1979, as amended, 50 U.S.C. app.. §§ 2401-2420 (2000), International Emergency Economic Powers Act, Z50" Ua&C4.99 1701,m1707 2000R i bicoff Amendment" to the Tax Reform Act of 1976, adding § 999 to the Internal Revenue Code, W REV 1/25/2019 legal