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CM-2025-164 - 6/27/20254913-9412-4875/ss2 CITY OF ROUND ROCK AGREEMENT FOR RENTAL OF PARADE BALLOONS WITH BIG EVENTS, INC. THE STATE OF TEXAS § § CITY OF ROUND ROCK §KNOW ALL BY THESE PRESENTS: § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS AGREEMENT for the rental of parade balloons for the City of Round Rock’s 4th of July Celebration, and for related goods and services (referred to herein as the “Agreement”), is made and entered into on this the _____ day of the month of June, 2025 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 78664-5299 (referred to herein as the “City”), and BIG EVENTS, INC., whose offices are located at 909 Oceanic Drive, Oceanside, CA 92056 (referred to herein as “Vendor”). RECITALS: WHEREAS, City desires to rent parade balloons for the City’s 4th of July Celebration; and WHEREAS, City issued Request for Quote (“RFQ”) for said rental services; and WHEREAS, based upon the responses received, City has selected Vendor to provide the goods and services set forth herein; 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, it is mutually agreed between the parties as follows: 1.0 DEFINITIONS A.Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified services and Vendor is obligated to provide said services. The 27th CM-2025-164 2 Agreement includes Vendor’s Response to the RFQ dated May 8, 2025 (attached as Exhibit “A”). 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 mean the specified supplies, materials, commodities, or equipment. F. Services mean work performed to meet a demand or effort by Vendor to comply with promised delivery dates, specifications, and technical assistance specified. 2.0 EFFECTIVE DATE, TERM, AND PRICES FIRM A. 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. B. This Agreement shall terminate upon the completion of the Vendor’s services at the end of the City’s 4th of July Celebration. C. Prices shall be firm for the duration of this Agreement. D. City reserves the right to review the relationship with Vendor at any time and may elect to terminate this Agreement with or without cause or may elect to continue. 3.0 CONTRACT DOCUMENTS AND EXHIBITS The goods and services which are the subject matter of this Agreement are described in Exhibit “A” and, together with this Agreement, comprise the Contract Documents. 4.0 SCOPE OF WORK Vendor shall satisfactorily complete all services described in Vendor’s Quote in Exhibit “A,” attached hereto and incorporated herein. This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. 3 Vendor shall satisfactorily provide all deliverables and services described in Exhibit “A” within the contract term specified. A change in the Scope of Services or any term of this Agreement, including bonding requirements, must be negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as described herein. 5.0 CONTRACT AMOUNT In consideration for the deliverables and services related to the deliverables, the City agrees to pay Vendor Thirty-Five Thousand Two Hundred Forty and No/100 Dollars ($35,240.00) for the goods and services set forth in Exhibit “A.” A fifty percent (50%) rental deposit shall be due upon execution of this Agreement. 6.0 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received or services provided; and D. Delivery or performance dates. 7.0 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 effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 8.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor 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. Vendor 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: 4 A. There is a bona fide dispute between City and Vendor, a contractor, 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 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. 9.0 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. 10.0 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor’s charges. 11.0 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers 12.0 CITY’S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Jenene Jeffries-Uhrig, Manager Parks and Recreation Department 301 West Bagdad Avenue, Suite 250 Round Rock, Texas 78664 jjeffries@roundrocktexas.gov (512) 341-3362 5 13.0 INSURANCE Vendor shall meet all City of Round Rock Insurance Requirements as set forth at: https://www.roundrocktexas.gov/wp-content/uploads/2024/12/CORR-Insurance-08-2024.pdf 14.0 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. 15.0 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor 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. 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 of its material obligations under this Agreement; B. Fails to provide adequate assurance of performance under the “Right to Assurance” section herein; or C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.0 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 Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days’ written notice to Vendor. C. Vendor 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 Vendor, Vendor shall 6 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 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 Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.0 INDEMNIFICATION Vendor 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 Vendor, or Vendor’s agents, employees or subcontractors, in the performance of Vendor’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 Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Vendor, 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 or 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 Vendor verifies Vendor does not boycott Israel and will not boycott Israel during the term of this Agreement. 19.0 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. 20.0 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 7 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 Vendor: Big Events, Inc. 1613 Ord Way Oceanside, CA 92056 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 Vendor. 21.0 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 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. 22.0 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 of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 23.0 DISPUTE RESOLUTION 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 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. 24.0 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. 25.0 MISCELLANEOUS PROVISIONS Standard of Care. Vendor 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. 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 within the agreed timeframes will constitute a material breach of this Agreement. Vendor 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 Vendor’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. Force Majeure. Neither City nor Vendor 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. [Signatures on the following page.] IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas Big Events, Inc. By: _____________________________ By: _______________________________ Printed Name: ____________________ Printed Name: ______________________ Title: ___________________________ Title: _____________________________ Date Signed: _____________________ Date Signed: ________________________ Attest: By: _____________________________ Ann Franklin, City Clerk For City, Approved as to Form: By: _____________________________ Stephanie L. Sandre, City Attorney Nicholas DeLuca Nicholas DeLuca Project manager 06/12/2025 Brooks Bennett City Manager 06/27/2025 BBiigg EEvveennttss,, IInncc GGiiaanntt IInnffllaattaabblleess ffoorr SSppeecciiaall EEvveennttss && PPaarraaddeess 3909 Oceanic Drive, Ste. 402 Oceanside, CA 92056 email:nick@bigeventsonline.com Tel: 760-477-2655 Fax: 760-477-2656 www.bigeventsonline.com PARADE BALLOON PROPOSAL Billed To: City of Round Rock Date: April 24, 2025 Accounts Payable 221 E. Main Street Round Rock, TX 78664 ATTN: Jenene Jeffries-Uhrig TEL: 512.218.5540 E-mail: jjeffries@roundrocktexas.gov Parade: 7/4/2025 Step Off: 10am Balloons: Handlers: Cu.Ft. Helium: Price: 35’ American Flag 14 2300 $ 3,400.00 30’ Patriotic Cowboy Boot 16 2600 $ 3,000.00 30’ Patriotic Rockets (2) 16 1700 $ 3,500.00 26’ Peace Hand 12 1400 $ 3,000.00 35’ Very Hungry Caterpillar 22 2500 $ 5,500.00 18’ Turtle with Red Shoes 6 600 $ 1,800.00 30’ Shark 10 1100 $ 3,000.00 25’ Eagle on Rock Inflatable $ 1,250.00 Economy Roundtrip Shipping $ 2,475.00 Supervisor Travel Expenses (6 Staff) $ 8,800.00 Less: Credit Owed ( $ 485.00) Agreement Total $ 35,240.00 Terms: 50% Deposit due to hold the items with balance due at shipping. Rental package requires 12,200 cubic feet of helium and 96 handlers. Big Events to pass along 3% credit card service fee. Exhibit "A" BBiigg EEvveennttss,, IInncc GGiiaanntt IInnffllaattaabblleess ffoorr SSppeecciiaall EEvveennttss && PPaarraaddeess 3909 Oceanic Drive, Ste. 402 Oceanside, CA 92056 email:nick@bigeventsonline.com Tel: 760-477-2655 Fax: 760-477-2656 www.bigeventsonline.com 35’ USA Flag 30’ Cowboy Boot 30’ Rockets (2) Exhibit "A" BBiigg EEvveennttss,, IInncc GGiiaanntt IInnffllaattaabblleess ffoorr SSppeecciiaall EEvveennttss && PPaarraaddeess 3909 Oceanic Drive, Ste. 402 Oceanside, CA 92056 email:nick@bigeventsonline.com Tel: 760-477-2655 Fax: 760-477-2656 www.bigeventsonline.com 26’ Peace Hand 35’ Very Hungry Caterpillar 30’ Shark 20’ Eagle on Rock 18’ Turtle Exhibit "A" a PURCHASING DIVisi a ROUND ROCK TEXAS Exhibit "A" City of Round Rock Procurement and Contracting Services Best Value Informal Procurement Form Date: 05-08-2025 Rogue Stor Jenene Jeffries-Uhrig Name: For all purchases that will exceed $3,000 and are less than $50,000, Texas Local Government Code Chapter 252 requires the City to contact 2 Historically Underutilized Businesses (HUB) from the state’s Centralized Master Bid List (CMBL). 1. Best Value Justification: Describe in detail your process for determining the best value for this purchase. (Attach additional pages if needed) Big Events Inc. was the only company to submit an RFQ for the July 4'" parade balloons. We have worked with them for many years and are confident that their pricing is fair. 2. Attach and submit the following documentation that supports this justification as applicable. e Selected vendor's proposal/quote. e All other pricing and quotes received e Emails showing proof that 2 HUB vendors were contacted. Sent 4/7/25 e Please list the number of vendors that you contacted 35 3. Because the above facts and supporting documentation the City of Round Rock has determined that the vendor below represents the best value for the City for this procurement and intends to contract with: Vendor Name: Big Events Inc Description: Best source for helium parade balloons and cold air inflatables 4. Check the purchase type and fill in the dollar amount and purchase term as applicable: This is a one-time purchase request for $35,240.00 L] This is a term contract request for (# months) in the amount of $ Purchasing Office/ Management Review: Approved by: bin fe _ 05/15/2025 Purchaser/Purchasing Management Date Jenene Uhrig (May 15, 2025 10:37 CDT) 0 o/ 1 5/2 02 o Department Manager, Asst Director, or Director Date 1|Page Exhibit "A"