R-2021-271 - 10/14/2021RESOLUTION NO. R=2021=271
WHEREAS, the City of Round Rock ("City") desires to purchase tires, tubes, supplies and
equipment and related services needed for the maintenance of City -owned vehicles; and
WHEREAS, Chapter 271 . Subchapter F of the Texas Local Government Code allows for local
governments to participate i*n cooperative purchasing programs with other local governments; and
WHEREAS, the Buy Board Cooperative Purchasing Program ("Buy Board") i*s 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 i*s a member of Buy Board; and
WHEREAS, Southern,Tire Mart, LLC1'*s an approved vendor of Buy Board; and
WHEREAS, the City desires to purchase said goods and services from Southern, Tl*re Mart,
LLC through Buy Board Cooperative Contract No. 636-21, 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 Tires, Tubes, Supplies and Equipment with Southern Tire Mart, LLC9 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.
0112.20212; 00482971
RESOLVED this 14th day of October, 2021.
CRAIG MORG N, fxas
or
City of Round Rock,
ATTEST:
r
SARA L. WHITE, City Clerk
EXHIBIT
«A»
nv
AGmPURCHASEzoEMENT FOK"THE OF
TIRE, TUBES, SUPPLIES AND EQUIPMENT
SUUTHERN
TIRE MART, LLC
KNOW ALL BY THESE PRESENTS:
RECITALS:
WHEREAS, City desires to purchase tires, tubes, supplies and equipment and related
services needed for the maintenance of City owned vehicles; and
WHEREAS, City is a member of BuyBoard Cooperative and Vendor is an approves
BuyBoard vendor; and
V 0 �/endor 'WHEREAS the City desires to nurchaase certain goods and services firo through
BuyBaard C000fte%rative Contract No. 636ow2i to receive pneing and servicess as set forth herei*n
and
WHEREAS, theparties desire to enter 'Into thl's Aareement to set forth in writingtheir
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
ro
valuable consideration, sufficiency and receipt of whi'ch are hereby nowledged, I*t i*s Ut Ily
greed between the parti*es asfollows:
1.01 DEFINITIONS
A* Agree ent means the binding Ie...,.Pal contract between City an, d Vendor wheebyiCity agrees to buy speci*fied goods and/or services and Vendor s to provide said
OQ481 SC*lss2
Mir
31"Almi 5.
.9
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
E. Goods and services ean the specified services,supplies,materials,
commodities, or equipment.
2.02 EFFECTIVE DATE AND TERM
I* Is
A. This Agreement shall be effective on the date 'lot has been signallu81 Ww by both parties
expires by operationhereto, and shall re in in full force and effect, unless and unt1*1 it of the
term stated herein, or until terminated as provided herein.
B. The term of this Agreement shall be from the effective date of the Agreement
AM
untilFebrualll, 2024. C11tv rcserve the ngit review the relationship "tanytime,and may
elect to terminate this Agreement,WI*th or without cause ormayelect to conti"nue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods and services as outlined in Exhibit "A."
attached hereto and incorporated herein by reference.
The goods and services which are the subject of thl*s Agrwment are descri*bed I*n Exhl*bl*t
ofethI*l A"A"' and toer with this co A��ise the totaiireement and theypart9 are a
this Agreement as if repeated herein in full,
4.41 ITEMS AWARDED AND SCOPE OF WORK
When taken together with the appended exhibit, this Agreement shall evi*dence the enti*re
understanding and agreement between the parties and shall supersede any prior proposals,,
correspondence or discussions. Vendor shall satisfactorily provi*de all goods and services
descn*bed under the attached Exhi"bi*t '"A" at the sole request of the City. Vendor provi"de goods
a 41
and services in accordance with this Agreement, in accordance with the appended exhibits, in
accordance with due care, and in accordance with prevailing industry standards for comparable
services,,
2
A. City agrees to pay for for goods during -the term of this Agreement at the pricing set
r-of
forth in Exhibit '"A,."
B. The City is to pay the Vendor an a ount notwtowexceed Sixty -Five
Thousand and Nol104 Dollars ($65,000.00) 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;
co Description and quantity of items received ar services provided, and
A. Delivery or performance dates,
7.01 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 ri*ghtto te i"nate thi"s Agree ent at the end of any CI*ty fisclil year
A"%rWif the governing body of City does not appropriate funds sufficient to purchase the services
10
as
dete i*ned 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
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, a
subcontractor or supplier about the goods delivered or the service Performed that
cause the payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds, or
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
B. Invoices are not mailed to City in strict 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 Service Provider,, 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 E4xcl"se and State Sales Tax; therefore, tax shall not be
included in Service Provider's charges.
11-01 ORDERS PLACED WITH ALTERNATE SERVICE PROVIDERS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products or services from another supplier or suppliers.
12,01. INSURANCE
Vendor shall meet all requirements required by the City as set forth in Exhibit "B,I
attached hereto and incorporated herein by reference for all purposes.
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Chad McDowell
Director of General Services
220 Commerce Cove
Round Rock,, Texas 78664
(512) 341-3191
cmcdowell a roundrocktexas.ao
4
Whenever either party to this Agreement, in good faith, has reason to question the other
0
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
a 0
reasonable ft e specified when demand is ad then and i*n that event the demandi"ng party ay
tresuch failure as an anticipatory re of this Agreement.
15A1 DEFAULT
If 'Vendor abandons or defaults under this Agreement and i*s a cause of City purchEwsing
in the specified goods elsewhere, Vendor agrees that it be charged the difference cost,, if
any, and that it wl'wll not be consi'deredi"n the rewadverti*sement of the service and that I'*t y not
be considerederedin future bids for the same type of work unless the scope Of work is significantly
changed.
Vendor shall be declared in default of this Agreeif it does any of the following:
A. Faits to make any payment in full when due;
Be, Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
I
C. Fails to provide adeq assurance of perfionnance under the "Right to
Assurance115section herein; ar
1 AM
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
16.01 TERMIIVATIOW AND SUSPENSION
1W It
A. City has the nght to tenatermi this Agreement, in whole or in part, for
Is A&0convenience and wi*thout cause, at any time upon thirty (30) days' written notice to Vendor.
Bo In the event of any default by Vendor, City has the right to terminate this
AgF" ree ent for ca e u-a- n ten 10) days' written notl*ce to VC"&ndo_r_Vendor.(
co Vendor has the right to terminate this Agreement only for cause, that being in the
event of a aterl"al and substantl*al breach bCity or utual agreement to terminate Y by evidenced
in writing by and between the parties.
Do 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, Vend -or 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
5
statement 4a0satisfactorily performedshall subml*t a showing in detail the goods and/or services
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 co IF_%&MMnsati*on for servi*ces
it would have performed under the re aining term of the AtzmPtreeent excc asP rovl*ded hereherein%PO
`f�1[1S�i� i i7 ►� i� i � 9I (lTTI !i(�7i1
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
At Vendor, its agents, employees and subcontractors shall use best efforts to comply
ID
with all applicable federal and state taws, the Charter and Ordinancss of the City of Round Rock*
as amended, and with all applicable rules and regulations pro Ulgated by
local,state and
national boards, bureaus and agencies.
-1-0 m
B* In accordance with Chapter 2271, Texas Gove ent Code, a govenental entity
may not enter into a contract with a company for goods and services unless the contract contains
writtenverificationon from the company that it: t.I does not boycott Israel; and will
not boycott
Israel during the term of the contract, The signatory executing this Agreement on behalf of
Vendor verifies Vendor does not boycott Israel and will not boycott Israel at any time during the
term of this Agreement.
19.01 ASSIGNMENT ArID DELEGATION
The parties each hereby bind themselves,their successors assiQns d
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,.
20.41 NOTICES
in
All notices and other co unications connection with this Agreement shall be in
writing and shall be considered given as follows:.
1. ob 0
When delivered personally to the recipient's address as stated in this Agreement;
or
so
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 Eo the enforcement of any, or all of the ter -tons ar conditions
46
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
gove ed by and construed in accordance mnth 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
by Managerzed or Cityof the parties hereto in writing du authon of
23.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
10 Is wrising o ng othis
ut of or relati t Agreement a breach thereof shall be by any
including 9ActY10%proceeding, without limitation,undertheFederal
any proceeding (,v
USC Section t-14) or any applicable state arbitration statute,,
24.01 SEVERAB[LITY
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 severed this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
7
provision held to be void. The parties further agree to amend this Agreement to replace any
4)
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken p-A-vision. The provisions of thl"s a%ction shall nott th
revthis entire ement r.P Agre f,om
bei*should ang provision which is of the essence of this Agreement be determined void,
25A1 MISCELLANEOUS PROVISIONS
14
Standard of Care. Vendor represents that it employs trained, expenenced and
co petent persons to perfo I of the services, responsibilities and duti*es specified herei*n and
I1W
that such services,, responsibilities and duties shall be performed in amanner according to
generally accePustryted 1*nd nracti*cespractices.
Force Majeure. Neither Ci* Vendor shall be AftkAlmill!medtynor del6w in violati*on of this Asvoaxle;=.-ment
lifil lilt is prevented firO performing any ofIts obligations hereunder by reasons for which it is not
0 V & impediment 01responsible derlined herein.. However, notice of such or delay in performance
must be timely given,and all reasonable efforts undertaken tomitigate
its effects.
Multiple Counterparts. This Agreement may be executed inmultiple counterparts, any
W
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.
At. aae
(bignatures on tne flollowing p-,,-.,.]
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 mite, City Clerk
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
9
;Southern Ti
'outhern Ti
Printed Name: Richard Conwill
Title: Director of Government Salo
Date Signed: 1
k=XhIbIt 9"A"
Proposal No. 636o.21 for Tires, Tubes, Supplies and Equipment
EVALUATION ITEMS (As Specified)
�.z GIVE
h"A 14 X" 4 1 Z4 1
FITo A I
- ----- -- ---- -----
-1 F 14F axi.-dr.-h
- -----------
k., T3,0111-77 I11F LIFIR.rill P 01- -
5
.50 ILI
AS SPECIFIED
Calculated Buyboard
AS SPECIFIED AS SPECIFIED Price
Unit Price Indicate Discount (uitalog./pricelist price less,
61 discount proposed -
in p"Oporsed as stnted,[ cor-Ilpan-y's
rp-f e B"Y"ard Pr'
PsaUYl— -- — -----------------
22197
FRHWK GT V PRST P265/60RIA17 $ ROW. ------------
- - - --------------- - -----------
FRHWK GT Z PRST
•
----------
-----------
DESTLE2
P26S/70R17
---------- - ----- -- - ----------
-- ----------------
----------------- ----------
----------
- --------------------------
Firestone
I SG RB TG
- - - --------
-------
40 of 68 B/AlLOATION MEMS
tX11101t "A"
v&0#fhw9hwf
Proposal No. 636-21 for Tires, Tula, Supplies and Equipment
EVALUATION N ITEMS (As Specified)
AS
SPECIFIED
Calculated
Buyboard
AS SPECIFIED
AS SPECIFIED
Price
Unit Price
Indicate Discount
price less
(�s stated in proposed
f as stated company's
proposed ..
U-k-flog�f� C�r����1�`',i t
iE r`(9r f 1 IF
#
-----
y Z
-, 62*00 I
-
4
Medi
i N
• a
Truck/School B
Medium
Truck/School Bus
Pursuit
$ ALTERNATE
---------
ALTERNATE
- --- I
Light Truck
ALTERNATE
$
.ALTERNATE
Goodyear
=
10
--------------
ALTERNATE
W
Medium Truck
6Light
Truckf
ALTERNATE
LT245/75RI6
Light Truck
$
EXr1lb1t '"A"
AFfoard
�
Proposal No. 636-21 for Tires, Tubes,. Supplies and Equipment
EVALUATION rTEMS, (As Specified)
AS SPECIFIED
Calculated Buyboard
I
AS SPECIFIED
AS SPECIFIED
Price
Unit Price
Indicate Discount
(catalog rpricelist price 5ess,
(as stated in propose
(a:> stated company's
discount proposed
DEFENDER LTX M/S
P275/55R2-0
----- - -------------
Light Truck
eW c) taloy '-Pvicehs�)
proposal respcnse)
pr
BLjyboa,d Price)
- - ------- - ---------------- - -----
COMMERCIAL T/A
ALL SEASON 2 1.11 2 R.
- -- --------------------
COMMERCIAL T/A
F- -- - --------
274-92 1
- ---------------- --------------
50
137,46
LL SEASON 2 120R
tf ---------------- ------------------------
LONG TRAIL T/A
1
-'��Wftftm I NON
50
- - --- -----------------------
i 142*20 7
TOUR 114!
----------
$2RAA0
-- --- -- — -- -- - -------------------
LONG TRAIL T/A
TOUR
XL 108T
Page 42 of 68 EVALIJAT70N rMMS
�- X rI l I t "'A
91
PF!.#ard*
Proposal No. 636-21 for Tires, Tubes, Supplies and Equipment
EVALUATION ITEMS (Alternates)
The requested pricing information will only be used for purposes of assisting with the evaluation of a Vendor's prime
competitiveness as it pertains to this proposal invitation. The items will not be individually awarded. THE FOLLOWING EVALUA71ON ITEMS MUST
BE COMPLETED FOR EITHER THE AS SPECIFIED CAR ALTERNATE PRODUCT,, Equal alternates may be submitted on the separate EVALUATIONS ITEMS
(Alternates) form only if your too not sell the specific product listed. This forms must be fully completed and returned or PROPOSAL RESPONSE WILL
NOT BE CONSIDERED,
---- - -------- — - - --------------------------- - -- -- -- -- -- - -- -- - ----
er�dors that do not offer any of the evaluation or alternate items listed below mi n n " na o u
, ---- am `on ftjm 11fes, irrem The CAmper atirre may determine, in its We discretion,, whether or not to exempt a vendor From this requirement
based on all iation provided with the proposal response,
EQUAL
RNATE
EQUAL
L Cllo ed
NATE
Ails. 711 ERMATE TE
, L "--
d"cate
st
-
s-d in your
N your Iss discount
IS ~f ed
Number and
�� p a n Y s
s propel p rno pro -
No. Brand
Model
Size
EM�ri on
0
= y r e 111t .
� a £ - ist
r n '
Firestone
FRHWK G` V PRST
P265/60R1 7
Pursuit
6
------------------
Id restw*
FRHWl PRST
3 - _ � 1 �
Pursuit
FiresWne
DESTIE2
P265-17OR17
P
,
Firestone
4
TR N HT
LT245/75RI6
Light Truck
Firestone
i
TRAN HT"
Li 25 7 .6
[Joht Truck
S
s
Firestone
SSG RB T'G
14,-
3 of EVALUATION rMMS
txn l blt "A"
Proposal No. 636w2l fbr Tires, Tubes, Supplies and Equipment
EVALUATION ITEMS (Alternates)
EQU
A
EQUAL
EQUAL
EWAL
Cz- lCulatedf
ALT E
ALTERNATE
A T
Indicate Brand
'Indicate �� c
X .ate : u�
M -
o
;bem;
Specified !
r
S
company- s proposal
Brand
_ .Model
Size
DescriEg2!!
2q.
CA12!N ft
rke- k1st
--
----------- bo" Ankce)
7
Bridgestone
R2 8 COPS .
1
Truck/School
-
Bus
Medium Truck/School`V
8
Bus
�
9
Goodyear
EAG R B
265/60R17 108VI
Pursuit
I
Pum-*t #C523189
22197
45
124-40
Fro i
- --- --------------
-----------
Page 5
_ ..
year
I R 0
2 0RI
Passers er
Fl-r
t*100.74_10
- - -- - ------
80,60
�
----------------
6
11
j$
year
Light Truck
23
S
0
12 4 $ - -i- 8
L
12
ear
� RA
265/7SR16 OWL
Light Truck
1
-
96
- -
92
10
,
Fir ton
68610
36
347
13
8 year
1 HAS
R . TL 1
Medium Truck
,.
4
14
3
i
elfin
LTX A/T2
LT 4. 5R16
Light Truck
1
s
4
15
Michelin
PS RIB
LTR16
Light Truck
t .5 900018-z
19 0. 7 r9-
2041a
�. 152,63
a
- rm1'
.z'd'-s,G.r%/ems-$'
EXhlbit "A"
Proposal No. 636-21 for Tires, Tubes, Supplies and Equipment
EVALUATION ITEMS (Alternates)
EQUALEQUA
EQUAL EQUAL
Ca Lculated
TERM A Lf sTE R N1 A- -f ALTEP,-N, TE
Buyboard ,--
bndicate Bra Indicate UnitPrmcpe- Indicate 0 n(catalcqffiricellist
in your
hem
I� CO
f4oce) ,
Smnd
-- _
Mode
on
_...
rCM,
Page- _ /. . riceek�._-_, •_ -
BWboard Q � .
Michelins
DEFENDER 5
/5
------
Light Truck
COMMERCIAL T/A
17
F Goodrich
ALL SEASON 2
LT225/75R16
Light Truck
112R
COMMERCIAL i /A
18
BF Goodrich
. ALL SEASON 2
�71 6 5_ 16
LightTruck
1
20R
19
BF Goodrich
LONG TRAIL T A
_P-275/60R20
Light Truck
TOUR 114T
20
F rich
IVY �. TEA
LT2 7 R15
Light Truck
TOUR XL
,. =
__ __ - --------------
ftW