R-2021-272 - 10/14/2021RESOLUTION NO. R-2021-272
WHEREAS, the City of Round Rock ("City") desires to purchase fire alarm test and
inspection services, and related goods and services, and
WHEREAS, the City is a member of the Sourcewell Cooperative (f/k/a National Joint Powers
Alliance), a cooperative purchasing program, and
WHEREAS, Convergint Technologies LLC is an approved vendor of the Sourcewell
Cooperative, and
WHEREAS, the City desires to purchase certain goods and services from Convergint
Technologies LLC through Sourcewell Contract No. 030421-CTL, 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 Fire Alarm Test and Inspection Services with Convergint Technologies LLC, 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 S 51, Texas Government Code, as amended.
RESOLVED this 14th day of October, 2021.
CRAIG ORrock,
,Mayor
City of Round Texas
ATTEST:
SARA L. WHITE, City Cler
0112.20212; 00482977
EXHIBIT
"AYAP
CITY OF ROUND ROCK AGREEMENT FOR
FIRE ALARM TEST AND INSPECTION SERVICES
WITH
CONVERGINT TECHNOLOGIES LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAMS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for the purchase of fire alarm test and inspection services,
and related goods and services (referred to herein as the "Agreement"), i'ss made and entered
into on this the day of the month of , 2021 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 "City"), and
CONVERGINT TECHNOLOGIES LLC, whose offices are located at 10535 Boyer Boulevard,
Suite 300 Austin, Texas 78758 (referred to herein as "Vendor").
RECITALS:
WHEREAS, City desires to purchase certain deliverables, specifically, fire alarm test
and inspection, and related goods and services; and
WHEREAS, the City is a member of the Sourcewell Cooperative; and
WHEREAS, City desires to purchases said services from Vendor through Sourcewell
Contract #03 042 1 m CTL and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, iet i*s
mutually agreed between the parties as follows:,
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City desires to purchase specified goods and services and Vendor is obligated to sell same said
services.
00479818/ss2
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
AT i
4UTirw� 'fk T-1 Mal i Iva,
this Agreement are affixed.
Do Force Majeure means acts of God, strikes, lockouts, ar ether 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, epi
of the govem ent and
tn*earthquakes,fires, hlandslides, ligh4&__ing, u canes, storrns, -floods, restraint
the people, civil disturbances, explosions, or other causes not reasonably within the control of the
party claiming such inability.
Ea Services mean work performed to meet a demand or effort by Vendvr to comply
with promised delivery dates, specifications, and technical assistance specified.
Fit Vendor means Convergint Technologies LLC its successors or assigns.
2.01 EFFECTIVE DATE AND TERM
AffimMalA* 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 indicated herein, or is terminated or extended as provided herein.
B. This Agreement shall terminate Apri122, 2025.
C. City reserves the right to review the relationship with Vendor atany time. andmay
elect to terminate this Agreement wl*th or without cause or a...W. elect to continuo.
The services which are the subject matter of this Agreement are described in Exhibit "A,"
attached hereto and incorporated herein by reference together with this agreement, comprise the
Contract Documents or Agreement.
4.41 ITEMS
A. The services which are the subject matter of this Agreement are described 9enerally
in the attached Eachibit "A."
This
Bw Agreement shall evidence the entire understanding and agreement between the
parties and shall supersede any prior proposals, correspondence or discussions.
co 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,
2
including 16 bonding requirements,, must be negotiated and agreed to in all relevant details, and must
be embodied in a valid Supplemental Agreement as described herein.
0A* City
agrees to pay for services during the te of this Agreement at the pricing set
forth in Exhibit "A" for the locations set forth therein.
Be In consideration for the deliverables an,d services related to the deli'vvrables, the
City agrees to pay Vendor an aNalllillunt not to exceed Two Hundred Thousand and Dollars
(5200,4Q0.00) for the term of this Agreement.
6.01 INVOICES
All invoices shall include, at a minimum, the following information.
Ais Name and address- of Vendor
B. Purch e Order Nu ber;
D. DeliveryDelivery or performance dates.
Era M
ILI I
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 thegoverningcienpurchase the sery body of C*ty does not appropnate funds suffi t toices as
determined by City's budget for the fiscal year in question. City may effect such termination by
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giving Vendor a written notice of termination at the end of its then current fiscal year.
8.Q1 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor
will be made within thirty (3Qdays of the day on which City I
ceives the performance, supplies,
materials, equipment, and/or deliverables, or within thirty (days of the day on which the
performance of services was complete, ar within thirty (3U}days of the day on which City receives
a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor
may charge interest on an overdue payment at the "rate in effect" on September l of the fiscal year
in which the payment becomes averdue, in accordance with V.T.C.A., Texas Government Code,
Policy
0IIIisIIIAW E!qw j"iftSecti*on DW2 111 W,VVthisdoes payments Y1$ 1 made Cityin the event.
is aA. Therebona fide dispute between City and Vendor, a contractor, suhcontracior
or supplier about the goods delivered or the service performed that cause the
3
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a payment ment with federal funds; or
., A y
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its Supplier about the goods delivered or the service performed
that causes the payment to be late; or
i
D. Invoices are not mailed to City in strict accordance with instructions, f any, on the
purchase order or the Agreement or other such contractual agreement,
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise
were offered or given by Vendor or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition, Vendor may
be subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included
in Vendor's charges.
11-01 ORDERS PLACED WITH ALTERNATE VENDORS
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 CITYS REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Corey Amidon, Facility Manager
212 Commerce Cove
Round Rock, Texas 78664
(512) 341-3144
camidon undrocktexa
13.01 INSURANCE
Vendor shall meet all City of Round Rock Insurance Requirements set forth at:
http-,,www.roundrocktexas.kov-ter -cont -12.
D _ent,uploads 2014,� ,err _insurance _07.201l2.pd
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14.01 RIGHTTO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to performhereunder, then demand may bemade to the other party for written
isassurance of the intent to perform. In the event that no written assurance 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 thi*s Agff�§-reement and i f Ci#y purchasing
is a cause mo.., the
specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and
that it wilt not be considered in the re -advertisement ofthe 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.
a
Vendor shall be declared in default of this Agreement if it does any of the following*
A. Fails to fully, timely and faithfully perform any or its maierial obligations
under this Agreement*
B. FFails to provideadequate assurance of performance under the '"Right to
Assurance" section herein; or
010.
4'
A. City has the right to terminate this Agreement, in whole or in part, for convenience
IV
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 0 days' written notice to Vendor.
C. Vendor has the right to terminatethis Agreement only for cause, that being in e
event of a aten*al and ssubstantial bre"%,YCity, by mutual agreement terminate evidenced
,115
in writingby andtheparties.
Do In the event City terminates under subsections (A) ar (B) of this section, the
following shall apply,: Upon City's delivery of the referenced notice to Vendor,, Vendor shall
discontinue all services in connec ion with -the . rformance of this Agreement and shall
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirtydays after such notice Of termination,Ven or
erformed under
shall sub it a statement showing in detail the goods and/or services satisfactorily
this Agreement to the date of termination. City shall then pay Vendor that portion of the charges,
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Native to Vendor:
Convergint Technologies LLC
10535 Boyer Boulevard
Suite 3W
Austin, Texas 78758
Wl*th CODY to.-*
Is OT
Nothing contained herein shall be construed to restrict the transmission of routine
.dm�dw 1* City
and
communications between represennaftatti"ves of ... vendor.
21.01 APPLICABLE LAW; ENFORC-EMEN AN.'D VENUE
This Agreement shall be enfarceable 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 conditi*ons herei*n'.iexclusive venue for same shall lie n Wi*11i"amson County, Texas. Thi's Agreement shall be gove ed
by and construed in accordance with the *laws and court decisions of. the State of Texas.
2Z.Q1 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
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of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
23.01 DISPUTE RES4LUTIUN
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 thergeof shall be decl*dedsinbjv
y
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC
Section 1-14) or any applicable state arbitration statute,,
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24.41 SEVERABILITY
25.01 MISCELLANEOUS PROVISIONS
Standard of Cftwe Vendor that it employs trained, experienced a
competent
# 9 5
persons to perform all of the services, responsibilities and duties specified herein and that such
qb;pl* & "191 in10services, responsi i itiesocz*%d duties sh I be performed 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 withl"n the agreed
ft efra es w1*11 constitute a maten*al breach of this Areement. Vendor shall be fullY responsible
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for its delays or for failures to use best efforts in accordance with the terms of this Agreement.
AIIIAIWhere damage is caused to City due to Vendor's failuTe to 1-3crfoin these circumstances,City
may pursue any remedy available without waiver of any of City's additional legal rights ar
remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented fro performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay i*n performance must
be ti'mely gi"ven and all reasonable efforts undertaken to mitigateits effects.
Multiple Counterparts* This Agreement may be executed in multiple counterparts, any
one of which shall be considered an anginal of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed:
Attest-*
By:
Sara L. White,, City Clerk
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
E
Conver 91 int Technolo 1es LLLLC
By.
Printed Name:
Title.- (0&)PUP7M4- MAMA&AfA-.-
Date Signed: 1-3
Exhibit "N'
.. .........
Convergint Technologies LLC
Cont%�10535 Boyer Blvd. Suite 300
Austin, Texas 78758
Phone (512) 351-4042
TECH Lo ES Fax (512) 532-6624
Making a Daily Difference www.convergint.com
Date: July 9, 2021 Quotation #0 0
AT04293693P
To. City of Round Rock Project'. City of RR FA Inspections 2020
Attn: Amanda Crowell Licenses.,0
ACR- 1750734
B10716--C
From. Annette Thompson Sourcewell 03042 1 -CTL
Govemment Senior Account Executive Contract:
annette.thompson,convergint.com
---------------- - ---
We are pleased to provide this proposal for your consideration, This quotation is finn for One hundred and Twenty (120) days.
Convergint Technologies terms are net-30 based on monthly progress billings unless specified otherwise.
Convergint Technologies is pleased to present this proposal to provide annual Fire Alarm System Test & Inspection services
for the City of Round Rock Buildings:
Site Name*
Building Services
0
Address.
212 Commerce Blvd
city*
Round Rock IS I Texas 664
State: —TZi*p:l 78
Contact*
Amanda Crowell
Phone#9
-1--(512) 218-5458
UNITED STATES * CANADA * ASIA PACIFIC # EUROPE
Exhibit "A"
Test & Inspection Services
Testing of all devices and control functions will be performed in accordance with NFPA72-2013 (when applicable), and
manufacturer's recommendations. All testing will be performed during normal work hours (Monday - Friday, 8AM to
5PM). Notification appliance audibility testing will be coordinated with building personnel to mitigate occupant disruption.
Inspection service will be provided while on -site during system testing. Inspection of the installed system is intended to
identify changes or modifications to the facility or operating environment that could adversely affect equipment
performance.
The scheduled frequency of visits during the annual agreement period will be:
0 The system will be tested in a scheduled annual visit - 1000 o of devices
[] The system will be tested in scheduled semi-annual visits - 50% of devices each visit
El The system will be tested in scheduled quarterly visits , 25% of the devices each visit
Preventive Maintenance
Preventive maintenance will be performed and scheduled by Convergint to coincide with normal Test and Inspection visits.
Preventive maintenance will also be performed in accordance with manufacturer's recommendations and shall depend on
the type of equipment installed and local ambient operating conditions.
Battery Testing
NFPA72-2013 includes guidelines for testing batteries, as well as a requirement that sealed lead -acid batteries be replaced
at specified intervals from date of manufacture or in accordance with manufacturer requirements. Over a period of time,
the batteries lose their ability to provide standby power required by the system in the event of primary power failurc. The
only way to be assured the batteries will work is through proper load testing. This testing will be performed annually during
a scheduled Test and Inspection visit. Replacement of batteries is not included in this proposal.
Web Based Reporting
Convergint's web -based reporting starts with the application of barcodes to initiating devices, control equipment, batteries
and other system devices. As the devices are tested, they are scanned and critical information for each device is documented.
In addition, scanning the barcode automatically records the date and time of inspection.
Within 24 hours following the inspection, an on-line database and report of the system test is available for viewing,
downloading, printing or emailing. This information can be retrieved from anywhere via a standard internet browser. Color
4.W
coded status flags provide an immediate summary of the building test status; normal, discrepancies found or devices failed.
Proposed solutions to resolve discrepancies or failed devices are included.
Convergint's web -based reporting system offers the only verified and authenticated test and inspection in the fire protection
industry. This gives building owners and managers the confidence and knowledge that their fire alarm systems are being
tested and inspected according to code or specific regulatory requirements and in a timely manner.
City of RR FA Inspections 2020 Page 2 of 5 AnM293693P
Exhibit "A"
Multi -Year Program Commitment
Convergint is committed to establishing long-term agreements at mutually agreed pricing and escalation levels. When a
customer agrees to purchase a multi -year support program from Convergint (3 years and above), the second year will
automatically be secured at first year prices with no escalation.
Price Advantage
Predictable costs for system repairs and emergency service by means of lower labor rates and material costs in accordance
with Convergint's published CSP rates and associated discounts at the time of service. Service rates shown as part of the
Pricing Breakdown below.
Priority Response Time
As a Convergint CSP customer, you will be given priority for emergency service calls: 8 hours on -site. Non -emergency
calls, as mutually agreed between the customer and Convergint, will be serviced on the next business day.
Qualified Resources
A professional team of NICET certified and/or factory trained, and qualified personnel deliver services performed by
Convergint.
Service Documentation
Every system test and service call will be documented utilizing an inspection report and/or work order completed by our
Service Specialist.
Telephone Support and Consultation
Telephone diagnostic support is available for all CSP Fire Alarm customers. Our on -call technicians will provide diagnostic
i troubleshooting support to help reduce your costs by trying to resolve issues prior to our arrival.
I . Convergint shall be provided unobstructed access to all devices in the building during the system test and inspection.
2. Convergint reserves the right to propose an annual adjustment to the CSP program cost if additional devices or
appliances are added to the system during the term of the agreement.
3. Testing of the system does not include troubleshooting of pre-existing system conditions (ground faults, etc.).
4. The customer agrees to provide any necessary equipment to reach inaccessible or limited access equipment.
5. Printouts of the existing system databases shall be made available to Convergint for validation of point count and device,
type.
6. If available, a copy of the system drawings shall be provided to Convergint prior to beginning the testing program-
7. Waterflow and sprinkler supervisory testing are dynamic tests assuming inspector's test points are available and drains
are installed. Otherwise, simulated tests shall be performed at the monitoring device.
Cfty of RR FA Inspections 2020 Page 3 of 5 AT04293693P
Exhibit "A"
Y�,
. ... ..... ... ... .. .. ...... .... .. . ... . ..... .. .. ......... ................................. ........... ...... ...... ................
Facility Name
Price
BACA
2..667.00
Business Center
1,0334.00
City Hal 1
1,334.00
CMRC
1,334.00
FS #2
667.00
FS #3
334.00
FS #4
667.00
FS #5
667.00
FS #6
667-00
FS #7
667.00
FS #8
667.00
Intermodal Parking
334.00
Library
1,334. 00
McConico
lf334.00
PD
5,334.00
Rabb House
1.*334.00
Sports Center
2?000.00
W7P Chlorinating
667.00
Multipurpose Field Complex
334.00
Public Safety Training Fac
11000.00
Luther Peterson (3 building Complex)
2,0 0 0.
Chy of RR FA Insswalon 2020 Page 4 of 5 AT04293693P
Exhibit "A"yam-
CSP Start Date
Sept 2021-2026
Program Duration
I Year 9 2 Year 0 3 Year 0 4 Year X 5 Year
Year
Standard
CSP Pr ram Cost
$35000 $351000 $350000 $35,000 $35tOO 0
'0
Obligated Annual
wli� 111� 0
CSP Cost
$26,676.00 $27,2 10.00 $27,469.00 $27,782.00 $271,942.00
Payment Schedule
The CSP will be invoices annually in the first month of the agreement period unless mutually
agreed otherwise. Not to Exceed $200,000 throughout the 5 vr term.
Current Labor Rates
Normal Hours
After Hours
Sunday & Holidays
(8:00am to 5.00opm)
(Monday — Saturday)
Standard Rates
it I id 2.00
%V'w IF'4.W %W
11 Q
W &.,P- 2.40
X2 W.0
CSP Customer
$112.00
$166.00
$222.00
);;-
Sourcewell Pricing
>
Current Sourcewell Contract expiration Date 6/3012026 we will renew.
>
No mileage or travel time charge if within a 50-mile radius of Austin.
>
Outside 50-mile radius, Customer will be billed for travel time.
>
Emergency Service and T&M work will be subject to a four-hour minimum.
>
Same day emergency request is subject to the after-hours rates.
>
Service rates are subject to change without notice and applicable at the time of service.
C4 of RR FA Inspections 2020 Page 5 of 5 ATU293693P