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R-00-01-13-10E1 - 1/13/2000Mayor Robert A. Stlaka, Jr. Mayor Pro -tem Earl M. Hairston - Council Members Tom Nielson Carrie Pitt Earl Palmer Isabel Callahan Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheers CITY OF ROUND ROCK Mr. Bill Barker The Chair Man, Inc. P 0 Box 82801 Austin, TX 79708 -2801 Dear Mr. Barker: November 28, 2000 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 RE: Multi -Year Contract for Office Chair This letter is notification that the contract referenced above will expire January 13, 2001. By signatures affixed below the Contractor agrees to extend the initial contract an additional twelve -month period with no changes in price, terms and conditions. City of Round Rock The Ch -ir Man CMB /s Cc: file Jddnne Land, City Secretary Authorized Representative Date: /2- N -oo Name: BILL 13F1r2KE2 Title: V. P Date: /.'Z (� Please sign one original and one copy and return both copies at your earliest convenience, but no later than January 5, 2001. A signed copy will be forwarded to you before January 13, 2001. Please feel free to contact me at (512) 218 -5457 with any questions. Fax: 512 -218 -7097 1 -800- 735 -2989 TDD ,n -GO -0/ -/3- ' 0�ci.round- rocktx.us ,tP1PB Carolyn ooks, Purchaser (512) 218-5457 • 1. 800 -735 -2988 Voice Mayor Nyle Maxwell Mayor Pro -rem Tom Nielson Council Members Alan McGraw Carne Pitt Scot Knight Isabel Gallahan Gary Coe Ciry Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. The Chair Man, Inc. Attn: Bill Barker P 0 Box 82801 Austin, TX 78708 -2801 RE: Multi -Year Contract for Merit Office Chairs Dear Mr. Barker, This letter is notification that the Contract referenced above will expire soon. By signatures affixed below the Contractor agrees to extend the contract an additional twelve -month period with no changes in price, terms and conditions. cCpRoun Da ■ Kautz Cj-ii Financial Officer Date: f // / The Chair Man, Inc. Authorized Name: Title: Date: December 26, 2002 Please sign the three originals and return to the City at your earliest convenience, but no later than January 8, 2003. A signed original will be forwarded to you as soon as possible. Please feel free to contact me at (512) 218 -5457 with any questions. CMB /s Cc: file PD-01-13--IDE( CITY OF ROUND ROCK 221 East Mato Street • Round Rock, Texas 78664 Phone. 512.218.5400 • Fax 512.218 7097 • www.ci. round- rock.tx. us Carolyn Brooks, CPPB Purchaser (512) 218 -5457 0 Z Mayor Nyle Maxwell Mayor Pro - tem Torn Nielson Council Members Alan McGraw Carrie Pin Scat Knight Isabel Callahan Gary Coe City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. The Chair Man, Inc. Attn: Bill Barker P O Box 82801 Austin, TX 78708 -2801 RE: Multi -Year Contract for Merit Office Chairs Dear Mr. Barker, This letter is notification that the Contract referenced above will expire soon. By signatures affixed below the Contractor agrees to extend the contract an additional twelve -month period with no changes in price, terms and conditions. Cit of oun David Date: ancial Officer Authorized Name: Title: Date: December 26, 2002 The Chair Man, Inc. Please sign the three originals and return to the City at your earliest convenience, but no later than January 8, 2003. A signed original will be forwarded to you as soon as possible. Please fee: free to contact me ct (512) 218 -5457 ..,.rich any questions. CMB /s Cc: file CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664 Phone: 5,2.218.5400 • Fax: 512.218.7097' www.ci. round- rock.tx.us Carolyn Brooks, CPPB Purchaser (512) 218 -5457 y RESOLUTION NO. R- 00- 01- 13 -10E1 WHEREAS, the City of Round Rock has duly advertised for bids for office chairs, and WHEREAS, The Chair Man has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of The Chair Man, 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 annual supply agreement with The Chair Man for office chairs, a copy of said agreement being attached hereto 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, and the Act. RESOLVED this 13th day of Jan AT EST: City of Round Rock, Texas E LAND, City %:\ WPOOCS \RZSOLUTI \R00113E1.WPU /ec Secretary A. STLUKA, IF., Mayor R OT 00. CITY OF ROUND ROCK ANNUAL SUPPLY AGREEMENT FOR MERIT OFFICE CHAIRS THIS AGREEMENT, is made and entered into this of 19 , by and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City" and Rockford Business Interiors doing business as The Chair Man, hereinafter referred to as "Vendor ", and City and Vendor are collectively referred to as the "parties ". RECITALS: WHEREAS, the City desires to contract with Vendor to provide the City with Merit office chairs and the delivery and setup of the chairs supplied at various City locations, and WHEREAS, the Invitation for Bid to provide the City with Merit office chairs was previously issued for said fumiture and the City has selected the Bid submitted by the Vendor; and WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their respective rights, duties and obligations hereunder; 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 CONTRACT DOCUMENTS AND EXHIBITS The City of Round Rock selected Vendor as the integrator of choice to supply, delivery and setup Merit chairs as outlined in IFB Number 00 -004 and response to IFB submitted by Vendor (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 Vendor in their response to the IFB. The items that are the subject matter of this Agreement are further described in Exhibit A, and together with this Agreement comprise the Agreement, and they are fully a part of this Agreement as if herein repeated in full. 1 2.0 COSTS: The following shall be the costs for providing the fumiture described in the bid specification shall be as follows: 2.1 Cost for supplying, inside delivery and setting up of Merit office chairs to various City owned facilities shall be calculated at 54.6% off manufacture's price list dated June 1, 1999 or any revision of the list thereafter. 3.0 INVOICES: All invoices shall include, not be limited to the following information: 3.1 Name and address of Vendor 3.2 Purchase Order Number 3.3 Description and quantity of item(s) delivered 3.4 Delivery date and location 4.0 PRICE ADJUSTMENT The City may permit "unit price" adjustments upward, only as a result of a cost increase imposed by the manufacturer of Merit chairs. Any price adjustment shall affect all vendors selling the manufacturers product. Any price increase shall be requested by the Vendor in writing and accompanied with documentation to justify the increase. The Vendor may offer price discounts at any time. The City reserves the sole option to reject any price increase and terminate this contract should the City and the Vendor not agree on any price increase. 5.0 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 the City receives the supplies, materials, equipment, 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 the City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy, however, this policy does not apply to payments made by the City in the event: 5.1 there is a bona fide dispute between the City and Vendor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or 5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 5.3 there is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 2 5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. 6.0 DURATION OF AGREEMENT The term of this agreement shall be for a period of time of twelve (12) months from the date of award. Prices shall be firm for the first year of the agreement, except as provided for hereinabove . This agreement may be renewed for four (4) periods of time not to exceed twelve (12) months for each renewal provided the parties agree in writing. 7.0 TERMINATION OF THIS AGREEMENT The City may terminate this agreement for any reason by giving the Vendor thirty (30) days written notice. Upon delivery of such notice by the City to Vendor, the Vendor shall discontinue all deliveries of commodities in connection with the performance of this agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this agreement. Within thirty (30) days after receipt of notice of termination, the Vendor shall submit a statement, showing in detail the satisfactorily performed under this agreement to the date of termination. The City will then pay the Vendor that portion of the prescribed charges. 8.0 ORDERS PLACED WITH ALTERNATE VENDORS If the Vendor cannot provide the items as specified, the City reserves the option to obtain the items from another source. 9.0 TAXES The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in charges. 10.0 TITLE AND RISK OF LOSS Title and risk of loss will pass to the City upon inside delivery and acceptance. 11.0 DELIVERY Inside delivery of the items shall be at various City offices. Delivery locations shall be noted on the purchase orders 12.0 ASSIGNMENT Vendor's rights and duties awarded by this agreement may not be assigned to another without written consent of the City and signed by the City's authorized agent. Such consent shall not relieve the assignor of the liability in the event of default by the assignee. 3 13.0 GRATUITIESBRIBES The City may, by written notice to Vendor, cancel this contract without liability to Vendor if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by Vendor, or its agent or representative 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. 14.0 INDEMNIFICATION Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attomey's fees for injury to any person, or for damages to any property, arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this Agreement, without regard to whether such persons are under the direction of City agents or employees. 15.0 INSURANCE Vendor shall meet the requirements as stated in the attached Invitation To Bid No. 00 -004 and their bid response. 16.0 APPLICABLE LAW This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and warranties available to the City under this agreement or by operation of law are waived or modified unless expressly waived or ,modified by the City in writing. 17.0 VENUE The parties agree that venue for any litigation arising from this agreement shall he in Williamson County, Texas. 18.0 NON - APPROPRIATION This Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase quantities as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination of its then current fiscal year. 4 19.0 RIGHT TO ASSURANCE Whenever one party to this agreement in good faith has reason to question the other party's intent to perform, the questioning party may demand that the other party give written assurance of their intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 20.0 MULTIPLE COUNTERPARTS This agreement may be executed in multiple counterparts, any one of which shall be considered an original of this instrument, all of which, when taken together shall constitute one and the same instrument. 21.0 NOTICES For the purposes of this Agreement, notices to the City shall be to: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 -5299 With a copy to: Stephan L. Sheets, City Attomey City of Round Rock 309 East Main Street Round Rock, Texas 78664 Notice to Vendor shall be to: The Chair Man P 0 Box 270074 Austin, Texas 78727 Notices will be effective upon delivery at the above addresses until the parties notify each other, in writing, of a change in address. 5 IN WITNESS WHEREOF the parties to these presents have executed this Agreement on the 3 — day of Name: Attest: By: J di City of Round Rock LAND, City Secretary of Round Rock 6 THE CHAIR MAN By: Title: Attest: By: Name: Title: BID TAB BID NUMBER 00 -004 BID OPENING 12/7/1999 3:PM MULTI -YR CONTRACT FOR MERIT OFFICE CHAIRS VENDOR THE CHAIR MAN DELIVERY: 16 DAY ARO TOTAL: VENDOR OFFICE SURPLUS EQUIP DELIVERY: 3 WKS TOTAL: #REF! VENDOR DELIVERY: TOTAL: #REF! Item Bid item(s) QTY Unit $ Extended Unit $ Extended Unit $ Extended 1 PERCENTAGE FROM MFR PRICE LIST DATED 6 -1 -99 % 54.6% 50.6% DATE: January 7, 2000 SUBJECT: City Council Meeting, January 13, 2000 ITEM: 10.E.1 Consider a resolution authorizing the Mayor to execute an agreement with The ChairMan for office chairs. This proposed 12 -month service agreement provides for competitive pricing for durable quality office chairs. Staff Resource Person: David Kautz, Finance Director. The best bid is 54.6% below published list price and is superior to the current state cooperative purchasing contracts. The agreement allows the City to lock in these prices for the term of the agreement and does not preclude the City from using other vendors. Standardization of furnishings and quality assurance are additional benefits of this bid process.