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R-2024-298 - 11/7/2024 RESOLUTION NO. R-2024-298 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into a Master Intergovernmental Cooperative Purchasing Agreement for participation in the Equalis Group LLC Cooperative Purchasing Program, and WHEREAS, participation in Equalis Group LLC Cooperative Purchasing Program requires a participating entity to execute the Master Intergovernmental Cooperative Purchasing Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Master Intergovernmental Cooperative Purchasing Agreement for the registration and participation in the Equalis Group LLC Cooperative Purchasing Program, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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. RESOLVED this 7th day of November, 2024. CRAI MOR AN, Mayor City of Roun ock, Texas ATTES (1411 ANN FRANKLIN, City Clerk 0112.20242;4859-1706-8276 EXHIBIT • « „ »}- equais A GROUP MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement(the"Agreement")is entered into by and between those certain government agencies that execute a Management Services Agreement ("Lead Agencies") with Equalis Group LLC ("Equalis Group") to be appended and made a part hereof and such other public agencies, non-profit organizations, and businesses (each a "Purchasing Group Member")who register to participate in the cooperative purchasing programs administered by Equalis Group and its affiliates and subsidiaries(collectively, "Equalis Group Purchasing Program") by either registering on an Equalis Group Purchasing Program website(such as www.equalisgrouo.org)or by executing a copy of this Agreement. RECITALS WHEREAS,after a competitive solicitation and selection process conducted by Lead Agencies,Lead Agencies enter into master agreements ("Master Agreements")with awarded suppliers to provide a variety of goods, products,and services("Products")to the applicable Lead Agency and Purchasing Group Members; WHEREAS,Master Agreements are made available to Purchasing Group Members by Lead Agencies through the Equalis Group Purchasing Program and provide that Purchasing Group Members may voluntarily purchase Products on the same terms,conditions, and pricing as the Lead Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase;and WHEREAS,in addition to Master Agreements,the Equalis Group Purchasing Program may from time to time offer Purchasing Group Members the opportunity to acquire Products through other group purchasing agreements. NOW,THEREFORE,in consideration of the mutual covenants contained herein and of the mutual benefits to result,the parties hereto agree as follows: 1. Each party will facilitate the cooperative procurement of Products. 2. The procurement of Products by Purchasing Group Member party to this Agreement shall be conducted in accordance with and subject to the relevant federal,state,and local statutes,ordinances, rules,and regulations that govern Purchasing Group Member's procurement practices. 3. The cooperative use of Master Agreements and other group purchasing agreements shall be conducted in accordance with the terms and conditions of such agreements, except as modification of those terms and conditions is otherwise allowed or required by applicable federal,state,or local law. 4. The Lead Agencies will make available, upon reasonable request and subject to convenience, information about Master Agreements which may assist in facilitating and improving the procurement of Products by the Purchasing Group Member. 5. Purchasing Group Member agrees that Equalis Group Purchasing Program may provide access to group purchasing organization ("GPO") agreements directly or indirectly by enrolling Purchasing Group Member in another GPO's purchasing program; provided that the purchase of Products shall be at Purchasing Group Member's sole discretion. 6. Purchasing Group Member shall make timely payments to the distributor,manufacturer,or other vendor(each a "Supplier") for Products procured and received through any Master Agreement or GPO group purchasing agreement(each an "Equalis Agreement")in accordance with the terms and conditions of this Agreement and of the Equalis Agreement,as applicable. 7. Purchasing Group Member acknowledges and agrees that Equalis Group may receive fees ("Administrative Fees") from Suppliers,which are typically calculated as a percentage of the dollar value of purchases made by Purchasing Group Member under an Equalis Agreement. Equalis Group's standard Administrative Fees are two percent(2%) or less. Equalis Group shall provide Purchasing Group Member with access to a listing of Equalis Agreements that provide for the payment to Equalis of Page 1 of 3 e ualis q GROUP Administrative Fee in excess of three percent(3%).Additionally, Equalis Group shall provide Purchasing Group Member with access to an annual report listing Purchasing Group Member's purchases of Products through Equalis Agreements and the associated Administrative Fees received by Equalis Group. 8. Purchasing Group Member agrees that Products purchased under Equalis Agreements are for Purchasing Group Member's own use in the conduct of its business,and in no event shall Purchasing Group Member sell,resell,lease,or otherwise transfer goods purchased through Equalis Agreements to an unrelated third party unless expressly permitted by the terms of the applicable Equalis Agreement. 9. Payment for Products and inspections and acceptance of Products ordered by Purchasing Group Member shall be the exclusive obligation of Purchasing Group Member. Disputes between Purchasing Group Member and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by Purchasing Group Member and the Supplier. The exercise of any rights or remedies by Purchasing Group Member shall be the exclusive obligation of Purchasing Group Member. 10. Purchasing Group Member shall not use this Agreement or the terms and conditions of any Equalis Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 11. Purchasing Group Member shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a party procuring Products under this Agreement. Without limiting the generality of the foregoing, Equalis Group Purchasing Program makes no representations or warranties regarding any Product or Equalis Agreement and shall have no liability for any act or omission by a Supplier or other party under an Equalis Agreement. 12. This Agreement shall remain in effect unless terminated by one party giving thirty(30)days'written notice to the other party. The provisions of Sections 5,6 7 8 and 9 hereof shall survive any such termination. 13. If any term or provision of this Agreement is held invalid,illegal,or unenforceable in any jurisdiction,such invalidity,illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 14. This Agreement and the rights and obligations hereunder may not be assignable by either party hereto without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed, provided, however, that Purchasing Group Member and Equalis Group may assign their respective rights and obligations under this Agreement without the consent of the other party in the event either Purchasing Group Member or Equalis Group shall hereafter effect a corporate reorganization, consolidation, merger, merge into, sell to,or transfer all or substantially all of its properties or assets to another entity. Subject to the preceding sentence,this Agreement will be binding upon, inure to the benefit of,and be enforceable by the parties and their respective successors and assigns.Any instrument purporting to make an assignment in violation of this Section 14 will be null and void. 15. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein,and supersedes all prior and contemporaneous understandings,agreements,representations,and warranties,both written and oral,with respect to such subject matter. 16. Equalis shall not be liable to Purchasing Group for any action, or failure to take action, of a Supplier in connection with the performance of Supplier's obligations under an Equalis Agreement. 17. Each party to this Agreement acknowledges it has read the Agreement and represents and warrants that it has the necessary legal authority and is legally authorized to execute and enter into this Agreement. 18. This Agreement shall take effect upon Purchasing Group Member(i)executing a copy of this Agreement,or(ii) registering on an Equalis Group Purchasing Program website. Page 2 of 3 equalis GROUP The easiest way to complete this form is to visit: www.equalisgroup.org/member-registration. You may also fill out this form electronically, print and sign it,then scan and email the fully completed document to membership@equalisgroup.org. Agency Information Agency Name: Agency Type: Agency Department: Street Address: City/ St /Zip: Phone #: Federal Tax ID: Website URL: Primary Contact Information Name: Title: Phone #: Email: Which contract(s) are you interested in?: IN WITNESS WHEREOF, I hereby acknowledge, on behalf of_ , that I have read and agreed to the general terms and conditions set forth in the Equalis Group Master Intergovernmental Purchasing Agreement. Authorized Signator Name: Title: Date: Signed: Page 3of3 equalis GROUP ez cater ezCater Contract Highlights o Managed food for work services with access to over 100,000 restaurants nationwide supporting one-off meetings, meal programs, events and more. o Earn rewards for your organization on every order, plus no invoicing fees for Equalis Group members. o Simplified tax-exempt ordering across your organization. Upload your tax certificates once to be automatically applied across every order, at any restaurant. o Centralized reporting that tracks spend across your organization and consolidated payments and invoicing. o Customizable and automated individual meal programs that allow individuals to order exactly what they want through Relish and group ordering. o 24/7 live customer service support, reach us in seconds via phone or chat. Critical Supporting Documentation Download this contract confirmation letter to secure written documentation of the solicitation and awarded contract, the Contract # for your files, utilization eligibility, and how to receive answers to any additional questions you may have. Share The Member Kit With Your Procurement Team Facilitate your procurement and compliance team's review and approval of this cooperative contract by providing them this Member Kit. The Member Kit contains: iJ an overview of Equalis Group and how our Lead Agencies procure contracts, ii) the contract confirmation letter, iii) an overview of the awarded supplier and the products and services available through this contract, and iv) commonly asked questions about Equalis Group membership and how to access any of our publicly procured, competitively solicited contracts. ezCater Corporate Admin Dashboard Walkthrough Dashboard 4 i You have 319 people Otto need to be yanked.Vents them now X ®Total spend $726,560.65 ro eiOi'• Last 12 munlM Las112 moths I gy Account wmmary Speodng policies Groups Sha.ed payment methods Custom checkout holds 7 37 3 11 - People scats Reg.st.e d Ci.s'm,e. Pmdi0g Iovtte setit Ume..d emoved Comet coated 690 678 88 6 319 1,087 6 11. 2:05 . _. II) 0: 0101-14 '0 p l'd like to learn more about this contract. First Name * Last Name * Email * Phone -Choose Your State- Message (Optional) I'm not a robot reCAPTCHA Privacy-Terms Contract#: R10-1162A Lead Agency: Region 10 ESC Current Term: 01.01.2024 - 12.31.2026 Renewable Through: 12.31.2028 Contract Documentation Diiginal RFP Proof of Publication Q Bid Tabulation RFP Response Award Letter Master Agreement Contract Resources tj69Cj W6 6C9.161. (QU6-bsa61. - HapeL Eq 20If1i10U2) t569q G C9461. (COILbOL9f6 2OIf1f lOU2 QAeLA16M) t j 69 Cq (nJ 6 ECdf19I12 CLOflb ? 6SC9461. QU6-b9a6 QAGLA!GM (XT no12uoH -yti279vinU 99iS1) ybui2 926D 7916Ds9 9M bs9c1 (HIki 16 nnl a'ne-lbliriD edT) ybut2 926J 119f6Ds9 yd ri2ileg1 9M bse l Who is ezCater? ezCater is the leading food for work technology company in the US, connecting anyone who needs food for their workplace to over 100,000 restaurants nationwide. For organizations, ezCater provides flexible and scalable solutions for everything from recurring meals to one-off meetings, all backed by 24/7 customer service with real humans. ezCater also enables organizations to manage their food spend in a single, customizable platform. Tax-exempt Ordering with ezCater ezCater is built for non-profit organizations, making it easy to manage your tax-exempt status. Simply upload your state tax certificates once and your tax-exempt status will apply to everyone on your account for all eligible orders. See how easy the tax-exempt ordering experience can be with ezCater in this 1-minute video: Tax-exempt catering for nonprofit organizations-ezCater • • ffrj cater Contact ezCater Additional questions? Please contact ezCater at: Equalis@ezCater.com How Do l Get Started? If you are not yet a part of the Equalis Group family, Become a Member today to access our entire portfolio of contracts. We promise there are never any costs, hidden fees, gimmicks, or volume commitments. Accessing this publicly procured contract vehicle is easy and hassle- free. Please reach out to your Member Engagement Resource or quickly send the Contract Interest Form at the top of this page. Save Time, Save Money& Stay Legal with Equalis Group. ©2024 Equalis Group.All rights reserved.