Contract - Eastland Investments, Inc. d/b/a "Tint World" - 10/26/2023 CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
CERAMIC WINDOW TINTING SERVICES
WITH
EASTLAND INVESTMENTS,INC.
D/B/A"TINT WORLD"
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS Agreement for the purchase of ceramic window tinting services for vehicles
and storefront, and for related goods.ansl services, (referred to herei as the "Agreement"), is
made and entered into on this the day of the month of 2023, 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 78664 (referred to herein as the"City")and
EASTLAND INVESTMENTS, INC. d/b/a "TINT WORLD," whose offices are located at
5905 Highway 79, Suite 110, Hutto, Texas 78634 (referred to herein as the "Services Provider").
RECITALS:
WHEREAS, City desires to purchase ceramic window tinting services for vehicles and
storefront; and
WHEREAS, City has issued its "Invitation for Bid" (referred to herein as "IFB") for the
provision of said goods and services, and
WHEREAS,City has selected the Bid submitted by the Services Provider; 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, sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to buy specified services and Services Provider is obligated to sell
4869-7594-8671/ss2
same. The Agreement includes the following: (a) City's IFB designated Solicitation Number 23-
001 REBID dated June 2023; (b) Services Provider's Response to the IFB; (c) contract award;
and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in
the contract documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Services Provider's Response to IFB;
(3) City's IFB, exhibits, and attachments.
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 Majeure 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, storms, 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 and services mean the specified services, supplies, materials,
commodities, or equipment.
2.01 EFFECTIVE DATE AND TERM
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 as provided herein.
B. The term of this Agreement is for sixty (60) months from the effective date
hereof.
C. City reserves the right to review the relationship 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
City selected Services Provider to supply the services as outlined in the IFB and
Response to lFB submitted by Services Provider, all as specified in Exhibit "A." The intent of
these documents is to formulate an Agreement listing the responsibilities of both parties as
outlined in the IFB and as offered by Services Provider in its Response to the IFB.
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The services which are the subject of this Agreement are described in Exhibit "A" and,
together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED AND SCOPE OF WORK
Items Awarded. All bid items on Exhibit"A"are awarded to Services Provider.
Scope of Work. For purposes of this Agreement, City has issued documents delineating
the required services (specifically IFB Solicitation Number 23-OOIREBID dated June 2023).
Services Provider has issued its response agreeing to provide all such required services in all
specified particulars. All such referenced documents are included in Exhibit"A" attached hereto
and made a part hereof for all purposes. When taken together with the appended exhibits, this
Agreement shall evidence the entire understanding and agreement between the parties and shall
supersede any prior proposals, correspondence or discussions.
Services Provider shall satisfactorily provide all services described under the attached
exhibits within the contract term specified in Section 2.01. Services Provider's undertakings
shall be limited to performing services for the City and/or advising City concerning those matters
on which Services Provider has been specifically engaged. Services Provider shall perform its
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.
5.01 COSTS
City is authorized to pay Services Provider for items listed in Attachment B —Bid Sheet
of Exhibit "A," at the costs set forth in Exhibit "A," an amount not-to-exceed One Hundred
Fifty-Three Thousand Eighty Hundred Seventy-Five and No/100 Dollars ($153,875.00) per
year for services for a total not-to-exceed amount of Seven Hundred Sixty-Nine Three
Hundred Seventy-Five and No/100 Dollars($769,375.00)for the term of this Agreement.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
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7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful services
provider(s) and the City. Such agreement shall be conclusively inferred for the Service Provider
from lack of exception to this clause in the Service Provider's response. However, all parties
hereby expressly agree that the City is not an agent of, partner to, or representative of those
outside agencies or entities and that the City is not obligated or liable for any action or debts that
may arise out of such independently-negotiated"piggyback"procurements.
8.01 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 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 affect such termination by
giving Services Provider a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Services Provider 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 City receives a correct invoice for the performance and/or deliverables or services,
whichever is later. Services Provider 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); however, this Policy does not
apply to payments made by City in the event:
A. There is a bona fide dispute between City and Services Provider, 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
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C. There is a bona fide dispute between Services Provider 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 City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
12.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
option to obtain the products or services from another supplier or suppliers.
13.01 INSURANCE
Services Provider shall meet all requirements as stated in Part Il, Section 2 of the
attached IFB Solicitation Number 23-001REBID.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Rocky Buoy—Manager Fleet Operations
212 Commerce Cove
Round Rock, Texas 78664
(737) 610-5451
rbuoy(a,roundrocktexas.gov
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15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
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
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.
16.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods elsewhere, Services Provider agrees that it may be charged the
difference in cost, if any, and that it 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.
Services Provider shall be declared in default of this Agreement if it does any of the
following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 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 Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10)days' written notice to Services Provider.
C. Services Provider 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 delivery of the referenced notice to Services Provider,
Services Provider shall discontinue all services in connection with the performance of this
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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, Services Provider 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 Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Services Provider 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, attorney's fees, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider's obligations under this Agreement, no matter how, or to
whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
A. Services Provider, 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 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott
Israel during the term of this contract. The signatory executing this Agreement on behalf of
Services Provider verifies Services Provider does not boycott Israel and will not boycott Israel
during the term of this Agreement.
C. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has
provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade association.
The signatory executing this Agreement on behalf of Services Provider verifies Services
Provider does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association, and it will not discriminate during the term of this
Agreement against a firearm entity or firearm trade association.
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D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has
provision in the contract verifying that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement. The signatory executing this
Agreement on behalf of Services Provider verifies Services Provider does not boycott energy
companies, and it will not boycott energy companies during the term of this Agreement.
20.01 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 transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 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 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.
Notice to Services Provider:
Eastland Investments, Inc.
5905 Highway 79
Suite 110
Hutto, TX 78634
Notice to City:
City Manager Stephanie L. Sandre, 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 Services Provider.
22.01 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
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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.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider 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.
24.01 DISPUTE RESOLUTION
City and Services Provider 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.
25.01 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.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider 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.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider 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 Services
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
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Force Majeure. Neither City nor Services Provider shall be deemed in violation of this
Agreement if it 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 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.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of and Roc ' Texas Eastland Inves ,I
By: By: X p
Printed Na e: Llys Printed Name: ,� ,� ,✓
Title: Title:
Date Signed7 Date Signed: cl - Z- .2013
Attest:
By:
Meagan Spinl City Itlerk
For City, Approved as to Form:
Bye az.�
Stephanie L. Sandre, City Attorney
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Exhibit "A"
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
CERAMIC WINDOW TINTING SERVICES FOR
VEHICLES AND STOREFRONT
SOLICITATION NUMBER 23-001 REBID
JUNE 2023
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
1 F1 23-001 REBID
Class/item: 910-72/928-46
June 2023
CERAMIC WINDOW TINTING SERVICES FOR VEHICLES AND STOREFRONT
PART
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock, hereinafter referred to as "the City," is inviting
bids from experienced firms specializing in ceramic window tinting services for both vehicles and
storefronts. The City maintains a substantial vehicle fleet comprising over 600 vehicles, including trucks,
SUVs, and sedans. The City's primary objective is to acquire ceramic window tint that meets the required
standards, effectively reducing heat from the sun and ensuring the safety and comfort of its operators.
Furthermore, the City may occasionally need tint replacement or removal services for its vehicles and may
also require storefront window tinting for specific buildings.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following-
Description Index
Part I —General Requirements Page(s) 2-5
Part II— Definitions, Standard Terms and Conditions, and Insurance Page 6
Requirements
Part III—Supplemental Terms and Conditions Page(s) 7-9
Part IV—Scope of Work/Specifications Page(s) 10-11
Attachment A—Reference Sheet Separate Attachment
Attachment B—Bid Sheet Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released June 14, 2023
Deadline for submission of questions June 28, 2023 @ 5:00 PM, CST
City responses to questions or addendums Approximately June 30, 2023 @ 5:00 PM,
CST
Deadline for submission of responses July 13, 2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire by 5:00 PM, CST on the due date
noted above. A copy of all questions submitted and the City's response to the questions shall be posted on
the City's webpage in the form of an addendum at:
https://roundrocktexas.bonfirehub.com
The City reserves the right to modify these dates. Notice of date change will be posted to the City's website:
https://roundrocktexas.bonfirehub.com
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https://roundrocktexas.bonfirehub.com for any updates pertaining to the solicitation described herein.
Various updates may include addendums, cancellations, notifications, and any other pertinent information
necessary for the submission of a correct and accurate response. The City will not be held responsible for
any further communication beyond updating the website.
5. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due
date noted in PART I, Section 3—Schedule of Events. The Offeror shall respond via the City's electronic
bidding platform, Bonfire: https://roundrocktexas.bonfirehub.com
Page 2 of 11
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
IFB 23-001 REBID
Class/Item: 910-72/928-46
June 2023
A. This request for proposal (RFP)does not commit the City to contract for any supply or service.
B. No paper or submittals outside of Bonfire will be accepted by the City.
C. Responses cannot be altered or amended after digital opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property
of the City.
6. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
A. Be firms, corporations, individuals, or partnerships normally engaged in providing ceramic window
tinting services for vehicles and storefront as specified herein and have adequate organization,
facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the
City.
B. In order to confirm financial stability, the City may choose to review audited financial statements at any
time throughout the RFP evaluation process. Upon request, the Respondent shall provide two years
audited financial statements, including any notes or supplemental schedules within 2 business days of
the original request.
C. The Respondent shall include in the proposal a list of all litigation the company or its principals have
been involved in within the last three (3)years.
D. The respondent must have a presence in the Central Texas area.
E. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for consideration
in this RFP process.
7. RESPONSE REQUIREMENTS: The Respondent, by electronically submitting their Offer, acknowledges
that he/she is an authorized representative of the Vendor, has received and read the entire document
packet sections defined above including all documents incorporated by reference, and agrees to be bound
by the terms therein. The Respondent shall include the following information with their bid response:
❑ Attachment A—Reference Sheet
❑ Attachment B—Bid Sheet
❑ Acknowledged Addenda (if applicable)
❑ The Respondent shall include in the proposal a list of all litigation the company or its principals have
been involved in within the last three(3)years.
❑ The respondent must have a presence in the Central Texas area.
8. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or
to accept any response deemed most advantageous, or to waive any irregularities or informalities in the
response received that best serves the interest and at the sole discretion of the City. All solicitations
received may be evaluated based on the best value for the City. In determining best value, the City may
consider:
A. Purchase price.
B. Reputation of Respondent and of Respondent's goods and services.
C. Quality of the Respondent's goods and services.
D. The extent to which the goods and services meet the City's needs.
Page 3 of I 1
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
IFB 23-001 REBID
Class/item: 910-72/928-46
June 2023
E. Respondent's past performance with the City.
F. The total long-term cost to the City to acquire the Respondent's goods or services.
G. Any relevant criteria specifically listed in the solicitation.
H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria
not related to cost in order to be considered for contract award.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.
9. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties"that is signed for a contract
award requiring council authorization. The "Certificate of Interested Parties"form must be completed on the
Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior
to final contract execution. Link to Texas Ethics Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
10. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City
Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the bids prior to
the time a bid decision has been made. Communication between Bidder and the City will be initiated by the
appropriate City Official or Employee in order to obtain information or clarification needed to develop a
proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the
offending Bidder from consideration or award of the bid then in evaluation, or any future bid.
11. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock (`City"), in
consultation with the City Attorney, shall have the authority to settle or resolve any dispute concerning the
solicitation or award of a contract. The Purchasing Manager may solicit written responses to the protest
from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it
by electronic mail to the City's Purchasing Department at protest(a-)_roundrocktexas.gov.
In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract
unless it is determined that the award must take place without delay, to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest.
A. Prior to Offer Due Date: If you are a prospective offeror for the award of a contract("Offeror")and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before
the due date for receipt of offers in response to a solicitation ("Offers"), you must notify the City in
writing of the alleged deficiency before that date, giving the City an opportunity to resolve the situation
prior to the Offer due date.
B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a
deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation
process, or the recommended award as follows:
i. You must file a written notice of your intent to protest within four(4)working days of the date that
you know or should have known of the facts relating to the protest. If you do not file a written notice
of intent within this time, you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten (10)working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A)above.
iii. You must submit your protest in writing and must include the following information:
a. your name, address, telephone number, and email address.
b. the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
Page 4 of 11
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
IFB 23-001 REBID
Class/item: 910-72/928-46
June 2023
violated.
d. a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e. a statement of any issues of law or fact that you contend must be resolved; and
f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the
Purchasing Manager, with assistance from the City Attorney, shall make one of the following
determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination.The City will prepare updated
solicitation documents and will re-solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However, the awarded contract will not
be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent
City staff.
iv. A determination will usually be made within fifteen (15) business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
Page 5 of 11
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
IFB 23-001 REBID
Class/item: 910-72/928-46
June 2023
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the time of
release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on
the face of a purchase order. These can be obtained from the City's website at:
https://www.roundrocktexas.gov/city-departments/purchasing/. In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/city-departments/purchasing/
Page 6 of 11
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
IFB 23-001 REBID
Class/item: 910-72/928-46
June 2023
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the
following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60)
months.
B. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully
comply in strict accordance with the Solicitation, specifications, and the amounts shown on bid sheet.
C. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions
of this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project
up to 120 days.
2. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services.
3. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules, and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules, and regulations in the performance of these services.
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause
injury or damage to any persons or property within and around the work site. In case of conflict, the
most stringent safety requirement shall govern.
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments,
fines penalties and liability of every kind arising from the breach of the Contractor's obligations under
this paragraph.
4. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner.
B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly
identifies them as the Respondent's employee.
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United
States.
5. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses,freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line-item charges shall be permitted for either
response or invoice purposes.
Prices for materials will be on a percent off manufacturer suggested retail price (MSRP) basis. The percent
discount(%), if any, will be designated by the Respondent in the solicitation response document. Invoices
for work performed shall require a copy of a supplies receipt to be included. Failure to provide the
contracted MSRP discount on an invoice may result in payment at Contractor's cost.
6. PRICE INCREASE: Contract prices shall remain firm throughout the initial twelve (12) month term of the
contract. A price increase to the agreement may be considered on the anniversary date of the Contract
each year and shall be equal to the consumer price index for that year, but at no time can the increase be
greater than 10% for any single line item unless otherwise approved by the City.
Page 7 of l 1
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
IFB 23-001 REBID
Class/item: 910-72/928-46
June 2023
A. Consumer Price Index (CPI): Price adjustments will be made in accordance with the percentage
change in the U.S. Department of Labor Consumer Price Index (CPI-U)for all Urban Consumers. The
price adjustment rate will be determined by comparing the percentage difference between the CPI in
effect for the base year six-month average (January through June OR July through December), and
each (January through June OR July through December six month average)thereafter. The
percentage difference between those two CPI issues will be the price adjustment rate. No retroactive
contract price adjustments will be allowed. The Consumer Price Index (CPI) is found at the Bureau of
Labor Statistics, Consumer Price Index website: http://www.bls.gov/cpi
B. Procedure to Request Increase:
i. Email the written price increase request to purchasingC@_roundrocktexas.gov with the rate detail
comparison, a comprehensive calculation, and any supporting documentation to the designated
City Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date. The
detailed written calculation will be verified and confirmed. All written requests for increases must
include the City of Round Rock contract number, solicitation reference information and contact
information for the authorized representative requesting the increase.
ii. Upon receipt of the request, the City reserves the right to either accept the escalation and make
change to the purchase order within 30 days of the request or negotiate with the Vendor or cancel
the agreement or purchase order if an agreement cannot be reached on the value of the increase.
7. ACCEPTANCE/INSPECTION: Acceptance/Inspection should not take more than five (5)working days.
The Contractor will be notified within the time frame if the services delivered are not in full compliance with
the specifications. In the event the services are not performed to the satisfaction of the City the Contractor
shall agree to reperform services to specification at no additional cost to the City. If any agreement or
purchase order is cancelled for non-acceptance, the needed services may be purchased elsewhere.
8. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
9. MATERIALS SPECIFICATIONS/DESCRIPTIVE LITERATURE:
A. If a solicitation refers to a Qualified Products List(QPL), Standard Products List (SPL)or a
manufacturer's name and product, any Offeror offering products not referenced in the solicitation must
submit as part of their Offer materials specifications/descriptive literature for the non-referenced
product. Materials specifications/descriptive literature must be identified to show the item(s) in the Offer
to which it applies.
B. Materials specifications/descriptive literature are defined as product manufacturer's catalog pages, "cut
sheets" applicable tests results, or related detailed documents that specify material construction,
performance parameters, and any industrial standards that are applicable such as ANSI, ASTM, ASME,
SAE, NFPA, NBS, EIA, ESL, and NSA. The submitted materials specifications/descriptive literature
must include the manufacturer's name and product number of the product being offered.
C. The failure of the materials specifications/descriptive literature to show that the product offered
conforms to the requirements of the Solicitation shall result in rejection of the Offer.
D. Failure to submit the materials specifications/descriptive literature as part of the Offer may subject the
Offer to disqualification from consideration for award.
10. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied.The City will only order the services/goods needed to
satisfy requirements within budgetary constraints,which may be more or less than indicated.
11. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non-award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website
at https://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award
and the agreement has been executed.
Page 8 of 11
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
IFB 23-001 REBID
Class/Item: 910-72/928-46
June 2023
12. POST AWARD MEETING: The City and successful Respondent(s) may have a post award meeting to
discuss, but not be limited to the following.-
A.
ollowing:A. The method to provide a smooth and orderly transition of services performed from the current
contractor.
B. Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
13. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by
the Respondent immediately should the point of contact change.
B. The City's designated representative: The City's designated representative shall be:
Marshall Reynolds
Fleet Maintenance
Phone: (512) 218-5571
E-mail: mreynolds(a-)_roundrocktexas.gov
C. Do not contact the individual listed above with questions or comments regarding this solicitation during
the solicitation.
Page 9 of 11
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
IFB 23-001 REBID
Class/Item: 910-72/928-46
June 2023
PART IV
SCOPE OF WORK
1. PURPOSE AND BACKGROUND: The City of Round Rock, hereinafter referred to as "the City," is inviting
bids from experienced firms specializing in ceramic window tinting services for both vehicles and
storefronts. The City maintains a substantial vehicle fleet comprising over 600 vehicles, including trucks,
SUVs, and sedans. The City's primary objective is to acquire ceramic window tint that meets the required
standards, effectively reducing heat from the sun and ensuring the safety and comfort of its operators.
Furthermore, the City may occasionally need tint replacement or removal services for its vehicles and may
also require storefront window tinting for specific buildings.
2. WINDOW TINTING MATERIAL SPECIFICATIONS:
A. Ceramic window tinting materials for vehicles shall be Avery Dennison-Commercial, or buyers approved
equal. If submitting a buyer's approved equal, you must submit the specification sheet of your product
for review.
B. Window tinting materials for storefronts shall be Suntech or buyers approved equal. If submitting a
buyer's approved equal, you must submit the specification sheet of your product for review.
3. VEHICLE SERVICE REQUIREMENTS: The Contractor shall-
A. Perform all vehicle services at the following location:
Fleet Maintenance Building
901 Luther Peterson Place
Round Rock, Texas 78665
B. Have all equipment necessary to perform services at the location listed above.
C. Ensure materials are installed per manufacturer instructions using best shop practices.
D. Ensure materials are applied with no scratches, tears, bubbles, or other visible defects.
E. All services will be provided during regular working hours of 8:00 AM-5:00 PM excluding City holidays.
F. Store Contractor equipment off site when not in use for the purposes of this contract.
4. STORFRONT SERVICE REQUIREMENTS: The Contractor shall-
A. Have all equipment necessary to perform services at the site requested by the City.
B. Ensure materials are installed per manufacturer instructions using best shop practices.
C. Ensure materials are applied with no scratches, tears, bubbles, or other visible defects.
D. All Services will be provided during regular working hours of 8:00 AM-5:00 PM excluding City holidays.
E. Store Contractor equipment off site when not in use for the purposes of this contract.
5. CONTRACTOR RESPONSIBILITIES: The Contractor shall-
A. Ensure all tinting is within State legal requirements.
B. Coordinate with City designated personnel to schedule services.
C. Check in with the reception desk upon arrival on site for vehicle tinting.
D. Provide the City with a detailed quote for services prior to starting work.
6. WARRANTY: All goods shall be warranted against defects in material and workmanship with a lifetime
warranty beginning with the date of installation of the part as evidenced by the City's work order.
Page 10 of I 1
Exhibit "A"
City of Round Rock
Ceramic Window Tinting Services for Vehicles and Storefront
For Vehicles and Storefront
IFB 23-001 REBID
Class/item: 910-72/928-46
June 2023
7. PRICING OPTIONS: The City is seeking pricing for two basic tinting service options. (See Attachment A—
Bid Sheet). The City reserves the right to select Option A, Option B or both options
Option A- Cost per side and hourly rates
Option B- Flat rate cost for per vehicle.
8. CITY RESPONSIBILITIES: The City will-
A. Coordinate scheduling with the Contractor.
B. Provide a shaded vehicle bay in which Contractor can perform necessary services. This bay is a
permanent enclosed building with door access on two sides. The bay is not temperature controlled but
does have heating in the winter and is open to the rest of the shop.
C. Ensure the vehicle has been in the shaded bay for a minimum of 30 minutes prior to scheduled work.
D. Provide electrical outlets used to complete tasks if necessary.
E. Ensure work area is free of hazards.
F. Provide the Contractor with a Purchase Order prior to work commencement.
Page 11 of 11
Exhibit "A"
ATTACHMENT A
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 0 O i i�c(� t �>
RESPONDENT'S NAME: T (Ll 0 Q c I> DATE: - /2- o �t '3
Provide the name, address,telephone number and E-MAIL of at least three (3)valid Municipal,
Government agencies or firms of comparable size that have utilized services that are similar in type and
capacity within the last two (2) years. City of Round Rock references are not applicable. References may
be checked prior to award. If references cannot be confirmed or if any negative responses are received it
may result in the disqualification of submittal.
1. Company's Name
�.L a
Name of Contact
Title of Contact
E-Mail Address S
Present Address IL
City, State, Zip Coder�T� J1116 3
Telephone Number (s/ Z ) g5( _ /0 5S Fax Number: ( )
2. Company's Name k-vi e.-e
Name of Contact
Title of Contact
E-Mail Address
Present Address � �-� enI
City, State, Zip Code
-rtv Tx —7 ts' G 3q
Telephone Number (737 ) q3 ( _ ( 5 45 Fax Number: ( )
3. Company's Name �N `e- L L
Name of Contact
Title of Contact
E-Mail Address
Present Address ' S-�
U_5
City, State,Zip Code � Loa- "Z-X 7(,5-7
(A
Telephone Number ('j 12 ) Z t R- 0 Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Exhibit "A"
Attachment B- Bid Sheet
Ceramic Window Tinting Services for Vehicles and Storefront
The Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the respondent to
fully comply with the solicitation documents contained in IFB No. 23-001 REBID Ceramic Window Tinting Services for Vehicles and
Storefront. The Respondent acknowledges that they have received and read the entire solicitation packet, attachments, addendums, and all
documents incorporated by reference, and agrees to be bound by the terms therein.
Special Instructions: All prices must be quoted under Section 1, Option A OR Option B as well as Section II to be considered responsive.
Be advised that exceptions taken to any portion of the solicitation will jeopardize acceptance of the bid. Alternative bids will not be
considered and unauthorized modifications to the bid sheet format will result in the rejection of the bid. The City reserves the right to
purchase more or less than the quantities indicated below.
Section I-Vehicle Window Tinting(Total cost including parts and material)
No. Description Estimated Unit Unit Cost Extended Total
Quantity
1 Side door windows 30% 200 Each 50.00 $ 10,000.00
2 Side door windows 15% 200 Each 50.00 $ 10,000.00
3 Side non-door window 30% 100 Each 30.00 $ 3,000.00
4 Side non-door window 15% 100 Each 30.00 $ 3,000.00
5 Rear window 30% 100 Each 75.00 $ 7,500.00
6 Rear window 15% 100 Each 75.00 $ 7,500.00
7 Windshield 0% Heat Reflection 100 Each 150.00 $ 15,000.00
Total Amount $ 56,000.00
Section 2-Labor rates
No. Description Estimated Unit Unit Cost Extended Total
Quantity
8 Pick up and delivery from our shop 50 Hour 20.00 $ 1,000.00
9 Vehicle Tint Removal Labor Rate 50 Hour 80.00 $ 4,000.00
Total Amount $ 5,000.00
Secrion 3-Flat Rate Per Vehicle/all windows and windshield
No. Description Estimated Unit Unit Cost Extended Total
Quantity
10 Chevrolet Tahoe 50 Each 485.00 $ 24,250.00
11 Ford Explorer 50 Each 485.00 $ 24,250.00
12 Crew Cab pick up 25 Each 425.00 $ 10,625.00
13 Standard Cab 25 Each 350.00 $ 8,750.00
Total Amount $ 67,875.00
Section 4-Building window tint
No. Description Estimated Unit Unit Cost Extended Total
Quantity
8 Custom S are Footage 0-100 100 Sq Ft 6.00 $ 600.00
9 Custom S are Footage 101-500 500 Sq Ft 6.00 $ 3,000.00
10 Custom S are Footage 501-1000 1000 S Ft 6.00 $ 6,000.00
11 Custom S are Footage 1,000+ 1500 Sq Ft 6.00 $ 9,000.00
12 Storefront Installation Labor Rate 65 Hour 80.00 $ 5,200.00
13 Storefront Tint Removal Labor Rate 15 Hour 80.00 $ 1,200.00
Total: $ 25,000.00
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