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R-00-02-24-11B2 - 2/24/2000Mayor Robert A. Stluka, Jr. Mayor Pro -tem Earl M. Rainton Council Members Tom Nielson Carrie Pitt Earl Palmer Isabel Gallahan Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK Mr. William R. Crisp, Jr. Eagle Office Products, Inc. 812Sam Bass Road Round Rock, TX 78681 Dear Mr. Crisp: CMB /s Cc: file Fax: 512- 218 -7097 February 1, 2001 221 East Main Street Round Rock, Texas 78664 512-218-5400 RE: Multi -Year Contract for Droemer Office Furniture This letter is notification that the Contract referenced above will expire February 24, 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. Cif of Round Rock Eagle Office Products, Inc. Jenne Land, City Secretary Authorized Representative Date: 02 -a- O/ Name: WILL /A'M g_ Title: Y' Sl Date: Z- 72— / Please sign one original and one copy and return both copies at your earliest convenience, but no later than February 9, 2001. A signed copy will be forwarded to you before February 24, 2001. Please feel free to contact me at (512) 218 -5457 with any questions, Carolyn Brooks, CPPB Purchaser (512) 218 -5457 1- 800 - 735 -2989 TDD 1- 800 -735 -2988 Voice www.ci.round- rock.tx,us RESOLUTION NO. R- 00- 02- 24 -11B2 WHEREAS, the City of Round Rock has duly advertised for bids for office furniture, and WHEREAS, Eagle Office Products has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Eagle Office Products, 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 Eagle Office Products for office furniture, 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 24th day of Feb -- 2000. I ST: , �� ii // .►.� /L_ /. it E LAND, City Secretary K AWF0OCS \RESOLUTI \R002.82.WPD /sc 4 RO= RT A. STLUKA, JR'., Mayor City of Round Rock, Texas CITY OF ROUND ROCK ANNUAL SUPPLY AGREEMENT FOR DROEMER OFFICE FURNITURE THIS AGREEMENT, is made and entered into this or '7 i °43° by and between the City of Round Rock, a Texas home -rule municipal corporation, wh se offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City" and Eagle Office Products doing business as Eagle Office Products, 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 Droemer office furniture and the delivery and setup of the furniture supplied at various City locations, and WHEREAS, the Invitation for Bid to provide the City with Droemer office furniture was previously issued for said furniture and the City has selected the Bid submitted by Eagle Office Products, 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 Droemer office furniture as outlined in IFB Number 00 -003 Re -bid 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 furniture described in the bid specification shall be as follows: 2.1 Cost for supplying, delivery and setting up Droemer furniture to various City owned facilities shall be calculated at 45% off manufacture's price list dated January 1, 2000 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 Droemer fiirniture. 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 forty -eight (48) 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 an additional period of time not to exceed the original service period, provided both parties agree to do so prior to the expiration date of the agreement. Contract extension shall be for the original price, terms and conditions plus any approved changes. The City reserves the right to review the Contractor's performance at the end of each twelve- month period and cancel all or part of the contract or continue the contract through the next period. 7.0 TERMINATION OF THIS AGREEMENT The City may terminate this agreement for any reason by giving 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 3 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. 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 attorney'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 lie 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 4 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. 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 Attorney City of Round Rock 309 East Main Street Round Rock, Texas 78664 Notice to Vendor shall be to: Eagle Office Products 812 Sam Bass Road Round Rock, TX 78681 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 WITNE REOF the parties to these presents have executed this Agreement on the .2'7 t day of Q/l.L� ItZtY CITY OF ROUND ROCK EAGLE OFFICE PRODUCTS A f 161il._, _t'_ A[ R.1" T . STLUKA JR., v . yor, Name: 6C,eT !/ STLUKR ,FR City of Round Rock j MA yo2 By. Attest: Attest: By: J014 LAND, City Secretary C'' of Round Rock 6 By: / Title: pA , S 1 By: Name: Title: BID TAB BID NUMBER 00 -03 rebid BID OPENING 2/1/2000 3:PM MULTI - YR CONTRACT FOR DROEMER OFFICE FURNITURE VENDOR ROCKFORD BUSINESS INTERIORS DELIVERY: NOT SPECIFIED TOTAL: VENDOR EVOLUTIONARY OFFICE LLC DELIVERY: 30 DAYS ARO TOTAL: VENDOR EAGLE OFFICE PRODUCT DELIVERY: 30 DAYS ARO TOTAL: item Bid item(s) QTY Unit $ Extended Unit $ Extended unit $ Extended 1 PERCENTAGE FROM MFR PRICE LIST DATED1 -1 -2000 % 45.0% 51.0% INSIDE DELIVERY BID DOES NOT NOT INCLUDED MEET SPECS 45% DATE: February 18, 2000 SUBJECT: City Council Meeting — February 24, 2000 ITEM: 11.B.2 Consider a resolution authorizing the Mayor to enter into an agreement with Eagle Office Products for the purchase of office furniture. This twelve month supply agreement provides for delivery and setup of office furniture at a discount from manufacturer list prices. Staff Resource Person: David Kautz, Finance Director