Loading...
CM-04-12-093(1\ V cu Request for City Council/City Manager Action Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval. Department: Contact Person: Project Name: Human Resources Teresa S. Bledsoe Garments for Non -uniformed Employees Contractor/Vendor Name: Triad USA Marketing Group, Inc. Amount: no to exceed $10,284.29 annually Is Funding Required? Council Agenda Item Submission to City Manager - Yes Yes Yes x No No No x x Project Manager/Resource: Council Meeting Date: Funding Source: Assigned Attorney: (contract, agreement,amendment,change order, purchase order,etc.) C('Gdl (see required signatures below before submission to the City Manager) Agenda Wording: I p Initial Construction Contract Construction Contract Amendment Change Order Change in Quantity Unforeseen circumstances Initial Professional Services Agreement Supplemental Professional Svcs. Agr. Purchasing/Service Agreement Purchase Order Item(s) to be purchased: ❑ Other (Please clearly identify action on lines below) Amount 1-6<M4(ib lvt.1;4 For Submission to City Manager Only Project Mgr. Signature: yz�-�_�' Dept. Director Signature City Attorney Signature: City Manager Signature: Date Date 7277F-7-.;? Date: \s`, Date: eil Approval is required for all items requesting City Manager's approval. Finance Approval 0 Finance -Date and Signature: Purchasing -Date and Signature: Budget -Date and Signature: g'admiristratioNcmgr-cou nail action xls 11-1-04 BLUE SHEET FORMAT DATE: December 23, 2004 SUBJECT: Garments for Non -uniformed Employees ITEM: Agreement for Purchase of Garments for Non -uniformed employees from Triad USA Marketing Group, INC. Department: Staff Person: Teresa S. Bledsoe justification: Fundina: Cost: Source of funds: Various departmental budgets Outside Resources: Backaround Information: Public Comment: Blue Sheet Format T 1--.1........11111,101114 CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GARMENTS FOR NON -UNIFORMED EMPLOYEES FROM TRIAD USA MARKETING GROUP, INC. THE STATE OF TEXAS CITY OF ROUND ROCK KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON �0th That this Agreem for services to provide Garments for Non -Uniformed Employees, (referred to herein as e "Agreement") to commence on January 1, 2005, is made and entered into on this the day of December, 2004, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and Triad USA Marketing Group, Inc., whose offices are located at 206 W. Main Street, #108, Round Rock, Texas 78664 (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase Garments for Non -Uniformed Employees from Vendor; and WHEREAS, City has issued its "Solicitation" for City to provide said services, and City has selected the solicitation response submitted by Vendor; 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 receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods or services and Vendor is obligated to sell specified goods or services. 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 em- o`+ -1a-493 1 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, or equipment. F. Services means work performed to meet a demand. The furnishing of labor, time, or effort by the vendor, involving the delivery of any specific end product. G. Vendor means Triad USA Marketing Group Inc., or any of its successors or assigns. 2.01 EFFECTIVE DATE, DURATION, 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 or extended as provided herein. B. The term of this Agreement shall be for a twelve-month period of time. After the initial term, this Agreement may be renewed for one additional period of time not to exceed twelve months provided both parties agree. C. City reserves the right to review the Vendor's performance at any time during the initial agreement or renewal period, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods or services as outlined in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the Solicitation and as offered by Vendor in its Response to the Solicitation. The Agreement includes the following in Exhibit A: a. City's Solicitation designated as RFQ "Garments for Non -Uniformed Employees"; b. Specification Number 04-200-70, dated September 2004; c. Vendor's Response to solicitation; 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) Bidder's Response to Solicitation; (3) City's Solicitation, exhibits, and attachments. 2 4.01 ITEMS AWARDED The goods or services, which are the subject matter 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. 5.01 COSTS The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor. 6.01 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; and D. Delivery dates. 7.01 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 goods or 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. 8.01 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 a late fee for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes 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 any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which 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. 3 9.01 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. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached solicitation and its bid response. 13.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Randy Barker Purchasing Supervisor 221 East Main Street Round Rock, Texas 78664 512-218-3295 14.01 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. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods or services 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 goods or service and that it may not be considered in future bids for the same type goods or service unless the scope of work is significantly changed. 4 Vendor 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. 16.01 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 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 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. 17.01 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. 18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES 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. 19.01 BUSINESS OF LICENSOR (CITY) 5 City of Round Rock has the exclusive right and power to use the trade name "City of Round Rock, Texas" and associated trade names, trade slogans, trademarks, service marks, copyrights and logos used in conjunction with that trade name. 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: a) When delivered personally to the recipient's address as stated in this Agreement; or b) 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: Triad USA Marketing Group, Inc. 206 W. Main Street, #108 Round Rock, TX 78664 Notice to City: David Kautz, Asst. City Manager Stephan L. Sheets, City Attorney Chief Financial Officer 309 East Main Street 221 East Main Street AND TO: Round Rock, TX 78664 Round Rock, TX 78664 c) Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 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 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. 22.01 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. 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the 6 help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. 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. 24.01 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. 25.01 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. 7 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF ROUND ROCK, TEXAS By: Tit1ty Manager James R. Nuse, P.E. Date Signed: ATTEST: Printed Name 12-30-014 12. Christine R. Martinez, City Sec tary Date Signed: 12-30 -O APPRO AS TO STEP L SHEETS, CITY ATTORNEY 8 Triad USA Mar Jrc ing Group, Inc. By: Title: f f-aJL COIF P f-f-eRSm✓ Printed Name Date Signed: 11/1I,/D `� Contact: Randy Barker, Purchasing Supervisor Email: rbarkernD,round-rock.tx.us Phone: 512-218-3295 Fax: 512-218-7028 EXHIBIT CITY OF ROUND ROCK PURCHASING OFFICE 1.1 221 E. Main Street .0 Round Rock, Texas 78664-5299 s "A" INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock Purchasing Department 221 East Main Street Round Rock, TX 78664-5299 Bidder agrees to comply with all conditions GARMENTS FOR NON -UNIFORMED EMPLOYEES Return SIGNED ORIGINAL to the Purchasing Office by 5:00 PM, October 15, 2004 rgrr Signature fiSISz/BELOW •Failure to sign bid will disqualdisqualifybid ?� /o - lc oy Date Print Name /!J- (c O/ Title SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX 0 NO.: 76 n S1y 7 7 3 LEGAL BUSINESS NAME: -j' /-/'a f,(S f% /yJ q /a/(e- r / !t 6t ✓ ctfi -II' C - ADDRESS: Q 6 a -n S # C CITY/STATE/ZIP: �cu..t1 '/"1 Gyk�fX 7,5266-,/ _. CONTACT: D a✓ c- /J r r.G c._TELEPHONE NO.: ,r 4k .d V4////���- 3 ?.L 9 BUSINESS ENTITY TYPE: C, a ry,g r set forth below and on the reverse side of this bid form. All Items listed are In accordance wi h Specification No. 0 200-70, dated 9/2004. 'NOTE: AWARD MAY BE F ITEM X CLASS 8 ITEM _ _-_.__ DESCRIPTION _................._.._......,,....�-,w....u._n.o. SIZES COLOR BID PRICE (each) yr me a,n WITH CONTRASTING TRIM r. BID PRICE (each) 1 SS POLOS Jersey Knit, 6.7 oz. Cotton S - XL Solid colors $ tif 7c" Solid w/trim $ I. 5-4 2 SS POLOS Pique, 6.7 oz. Cotton S - XL Solid colors $ 11.5-0 Solid w/trim -1 $ a2, 3 SS POLOS Ribbed Knit, 6.7 oz. Cotton S - XL Solid colors $ /g Solid w/trim .9 $ 23.75-- 4 SS WOVENS Cotton Oxford, 4.5 oz. Cotton S - XL Solid colors $;,° N/A. 5 SS WOVENS / Poly/Cotton Oxford, 4.5 oz. Cotton S - XL Solid colors $ /,1 5 :�� e 6 SS WOVENS '1. Cotton Pique, 4.25 oz. Cotton S - XL Solid colors $ a y,99 7 SS WOVENS 1 Poly/Cotton Pique, 4.25 oz. Cotton S - XL Solid colors $ / 7, SO 8 SS WOVENS Twill, 4.5 oz. Cotton S - XL Solid colors $�� 2.95" 9 SS DENIM Chambrey, 6.5 oz. Cotton S - XL Solid colors $ IR. v1 - . 10 SS DENIM Denim, 6.5 oz. Cotton S - XL Solid colors $ /1-. 9s' $ ? .?5" .. 11 LS KNITS Jersey Knit, 6-7 oz. Cotton S - XL Solid colors $ ,75= Solid w/trim 12 LS KNITS Pique, 6-7 oz. Cotton S - XL Solid colors $ 2.3,7.s- Solid w/trim $ 13 .q Q 13 LS KNITS Ribbed Knit, 6-7 oz. Cotton . S - XL Solid colors $ 26, - lv Solid w/trim $ 2 14 LS WOVENS Cotton Oxford, 4.5 oz. Cotton S - XL Solid colors vp $J6Sd r; ,erd / 15 LS WOVENS Poly/Cotton Oxford, 4.5 oz. Cotton S - XL Solid colors $ 17 Sj f •. 16 LS WOVENS Cotton Pique, 4.25 oz. Cotton S - XL Solid colors $ 2. 7S ,>I.4 .y. ; ckY.s 17 LS WOVENS Poly/Cotton Pique, 4.25 oz. Cotton S - XL Solid rotors $ , S ter, . It g �'-' 18 LS WOVENS Twill, 4.5 oz. Cotton S - XL Solid colors $Z3 9� 19 LS DENIM Chambray, 6.5 oz. Cotton S - XL Solid colors $ a I.9 i- 20 LS DENIM Denim, 6.5 oz. Cotton S - XL Solid colors $ /6 ,, �_. 111: a._ ► s 1AriX �b 21 SWEAT/PULLOVER Cotton Crewneck, 7-8 oz. Cotton S - XL Solid colors $ /O . OSwi 22 SWEAT/PULLOVER Cotton Crewneck, 8-9 oz. Cotton S - XL Solid colors $ 23 SWEAT/PULLOVER Cotton Crewneck, 9-10 qz. Cotton S - XL Solid colors $ 1 24 SWEAT/PULLOVER Cotton Crewneck, 10+ oz. cotton S - XL Solid colors 19 $ /4.5 0 s. a ,., �(�f t �'. ri. , a i I/ s - vw•r 25 SWEAT/PULLOVER Half -zip sweat, 9 oz. Cotton S - XL Solid colors $ 20.2-c 26 SWEAT/PULLOVER Half -zip fleece S - XL Solid colors $ ,V4,15- 27 SWEAT/PULLOVER Hooded, 7.5 oz. Cotton S - XL Solid colors $ /3.9f 28 SWEAT/PULLOVER Hooded, 10 oz. Cotton S - XL Solid colors $ A 1 .O S- 29 -By SWEAT/PULLOVER Hooded, 11 oz. Cotton S - XL Solid colors $.24, Q the signature hereon affixed, the bicker nor the entity represented by the bidder, or the antitrust laws of this State. codified In Section Commerce Code, or the Federal antitrust laws, indirectly, the bid made to any competitor business.- hereby certifies that neither the bidder anyone acting for such entity has violated if 15.01 et seq., Texas Business and nor communicated directly or or any other person engaged in such line of awarded the contract, our x WILL WILL NOT honor company contract Additional charges Size 2X Size 3X Larger (a11 garments): a $ 5 . ea. pricing on personal City employee purchases. Gd $ 7, i ea. $ 9. !I ea. ITEMS BELOW APPL , . AND BECOME A PART OF TERMS 1,..J NDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be returned to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount wit not be considered in determining the low bid. All cash discounts offered will be taken if eamed. 1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories fine in a contract. Firm name should appear on each page In the block provided in the upper right comer. Business Entity shall be one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be altered or amended after opening time. My Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to fumish brand names, numbers, etc, as specified in the IFB. 2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be fumished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturers standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. (See 4.2 following.) 4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default In promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cost and handling 10 defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through Its designates and a purchase order is Issued. The contract shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. Ail contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to prated the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGHNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State of Texas. Tx, Bus. Md Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that: 10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip. favor. or service to a public servant In connection with the submitted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or Indirectly the bid made to any competitor, or any other person engaged in such line of business. 10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The City of Round Rock can only accept bids which contain all the terms and conditions of its omnal IFB; in particular, alt bidders affirmations and certifications must be included. Submission of bids on forms other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid Invitations must give bid number, codes, and opening date. TKI4D CORPORATE 2842 ANTOINE HOUSTON TEXAS 77092 713.681.3752 800.276.0441 FAX 713.681.4234 SAWYER PRINTING 11301 TODD STREET HOUSTON TEXAS 77055 713.686.5066 FAX 713.686.4820 UNIQUE PRESS 206 W. MAIN STREET NUMBER 108 ROUND ROCK TEXAS 78664 512.244.3929 FAX 512.244.3986 TRIADNTRUE.COM TRIAD USA MARKETING G R O U P, I N C. City of Round Rock Purchasing Office Randy Barker October 15, 2004 References: Lennar Homes 10707 Clay Rd. Houston, TX 77041 Marla Stephens 713-877-2444 Chippery 6315 Stassney Lane Austin, TX 78744 Rachel Flecher 512-385-8822 Tanknology 8900 Shoal Creek Blvd. Bldg. 200 Austin, TX 78757 Lynn Rich 512-380-7220 Shipping and Handling costs will be 7% of each order. SPECIFICATION NO. 04-200-70 DATE: September 2004 CITY OF ROUND ROCK GARMENTS FOR NON -UNIFORMED EMPLOYEES 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and services for Garments for Non -Uniformed Employees. 2. DEFINITIONS: The following definitions shall be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City — Identifies the City of Round Rock, Williamson County, Texas. 2.3. Contract —A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor—A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified. 2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Randy Barker Purchasing Supervisor City of Round Rock Telephone: 512-218-3295 3.1. The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. PART I GENERAL CLAUSES AND CONDITIONS 1. The Contractor shall provide all goods and labor necessary to perform the service. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. Page 1 of 10 SPECIFICATION NO. 04-200-70 DATE: September 2004 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor (s') or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value shall be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All vendors shall be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, and late delivery. 5. AGREEMENT: The term of this Agreement shall be for a twelve-month period of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for one additional period of time not to exceed twelve months provided both parties agree. 6. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve month contract period and to cancel all or part of the Agreement (without penalty) or continue the contract through the next period. 7. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Contractor a written notice of termination at the end of its then current fiscal year. 8. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Contractor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Contractor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 9. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re -advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 10. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase in product or commodity in accordance with the Producers Price Index. Any price increase shall be requested by the Contractor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable percentage change. 11. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum Page 2 of 9 SPECIFICATION NO. 04-200-70 DATE: September 2004 salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 12. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs shall be waived). 13. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 14. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 14.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 14.2. The following standard insurance policies shall be required: 14.2.1. 14.2.2. 14.2.3. General Liability Policy Automobile Liability Policy Worker's Compensation Policy 14.3. The following general requirements are applicable to all policies: 14.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 14.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 14.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 14.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 14.3.5. Policies shall include, but are not limited to, the following minimum limits: 14.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 14.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 14.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 14.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 14.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 14.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for Page 3 of 9 SPECIFICATION NO. 04-200-70 DATE: September 2004 deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 14.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance shall contain and state, in writing, on the certificate or its attachment, the following provisions: 14.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 14.5.2. Name the City and its officers, employees, and elected officials as additional insured, (as the interest of each insured may appear) as to all applicable coverage. 14.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 14.5.4. Remove all language on the certificate of insurance indicating: 14.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 14.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 14.5.5. Provide for notice to the City at the addresses listed below by registered mail: 14.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 14.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 14.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 14.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 14.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664-5299 City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 14.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 14.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. Page4of9 SPECIFICATION NO. 04-200-70 DATE: September 2004 15. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 15.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 15.2. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the OWNER. 15.3. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 15.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 15.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 15.6. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 15.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 15.7.1. A certificate of coverage, prior to that person beginning work on the project, so the OWNER shall have on file certificates of coverage showing coverage for all persons providing services on the project; and 15.7.2. No later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 15.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 15.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 15.10. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons Page 5 of 9 SPECIFICATION NO. 04-200-70 DATE: September 2004 providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 15.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 15.11.1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 15.11.2. Provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 15.11.3. Provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 15.11.4. Obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 15.11.4.1. A certificate of coverage, prior to the other person beginning work on the project; and 15.11.4.2. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 15.12. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 15.12.1. Notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 15.12.2. Contractually require each person with whom it contracts, to perform as required by paragraphs (A through G), with the certificates of coverage to be provided to the person for whom they are providing services. 15.12.3. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who shall provide services on the project shall be covered by workers' compensation coverage for the duration of the project, that the coverage shall be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements shall be filed with the appropriate insurance carrier or, in the case of a self- insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 15.12.4.. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 16. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the Page 6 of 9 SPECIFICATION NO. 04-200-70 DATE: September 2004 resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 17. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 18. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART II SPECIFICATIONS 1. SCOPE: This specification describes the goods and services for requested Garments for Non - Uniformed Employees. This service shall meet or exceed all requirements herein and as mutually agreed between the Contractor and City. 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the type of garments requested. Materials not otherwise specified shall be the sole responsibility of the Contractor to ensure they are of equal or greater quality for durability and compatibility. 3. INTENDED USE: The purpose of these specifications and the resulting contract is to provide the City with garments for non -uniformed employees. 4. CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for: 4.1. Coordinating with the City's Purchasing Supervisor to establish best delivery schedule. 4.2. Providing all goods and services necessary to perform the service. 5. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall furnish the following information at a minimum: 5.1. References: Provide the name, address, telephone number and point of contact of at least three firms that have utilized the same product and services for at least 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 5.2. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 6. ESTIMATED REQUIREMENTS: Estimated purchase quantity of 500 garments is the best estimate of the City's needs for a one (1) year period. Each non -uniformed employee is allowed to order 2 garments during a twelve (12) month period. Employees may choose to order both garments initially or may divide orders between the Fall and Spring. The City will place a subsequent order in the Spring to account for outstanding and new employee garments. 7. SAMPLES: Bidder must submit samples of garments proposed with the bid. Each sample shall be marked with the bidder's name. The samples provided by the successful bidder shall be retained by the Purchasing Supervisor to insure compliance with all aspects of the sample approved until contract completion. Samples provided by unsuccessful bidders shall be returned at the expense of the bidder. The City shall dispose of or destroy all samples not claimed after fifteen (15) calendar days from the date of contract award. 8. SIZE OF THE GARMENTS: The successful bidder is responsible for furnishing the proper size garment as requested by the City. All garments shall be offered in Men and Women's sizes when possible. Alternate and equivalent garment styles are permissible when a style is not available in both Men's and Women's sizes but must be identified in bid submittal. Page 7 of 9 SPECIFICATION NO. 04-200-70 DATE: September 2004 9. GARMENT OPTIONS: The following items are the required offering to City employees from the successful vendor: 9.1. SHORT SLEEVE POLOS: 2 or 3 button placket styles. 9.1.1. JERSEY KNIT, 6-7 oz. Cotton, Solid colors 9.1.2. JERSEY KNIT, 6-7 oz. Cotton, Solid colors with contrasting trim 9.1.3. PIQUE, 6-7 oz. Cotton, Solid colors 9.1.4. PIQUE, 6-7 oz. Cotton, Solid colors with contrasting trim 9.1.5. RIBBED KNIT (or equivalent), 6-7 oz. Cotton, Solid colors 9.1.6. RIBBED KNIT (or equivalent), 6-7 oz. Cotton, Solid colors with contrasting trim 9.2. SHORT SLEEVE WOVENS: Button-down and open collar styles. 9.2.1. COTTON OXFORD, 4.5 oz. Cotton, Solid colors 9.2.2. POLY/COTTON OXFORD, 4.5 oz. Cotton, Solid colors 9.2.3. COTTON PIQUE, 4.25 oz. Cotton, Solid colors 9.2.4. POLY/COTTON PIQUE, 4.25 oz. Cotton, Solid colors 9.2.5. TWILL, 4.5 oz. Cotton, Solid colors 9.3. SHORT SLEEVE DENIM: Button down and open collar styles. 9.3.1. CHAMBRAY/LIGHT DENIM, 6.5 oz. Cotton, Solid colors 9.3.2. DENIM, 6.5 oz. Cotton, Solid colors 9.4. LONG SLEEVE KNITS: 2 or 3 button placket styles. 9.4.1. JERSEY KNIT, 6-7 oz. Cotton, Solid colors 9.4.2. JERSEY KNIT, 6-7 oz. Cotton, Solid colors with contrasting trim 9.4.3. PIQUE, 6-7 oz. Cotton, Solid colors 9.4.4. PIQUE, 6-7 oz. Cotton, Solid colors with contrasting trim 9.4.5. RIBBED KNIT (or equivalent), 6-7 oz. Cotton, Solid colors 9.4.6. RIBBED KNIT (or equivalent), 6-7 oz. Cotton, Solid colors with contrasting trim 9.5. LONG SLEEVE WOVENS: Button-down and open collar styles. 9.5.1. COTTON OXFORD, 4.5 oz. Cotton, Solid colors 9.5.2. POLY/COTTON OXFORD, 4.5 oz. Cotton, Solid colors 9.5.3. COTTON PIQUE, 4.25 oz. Cotton, Solid colors 9.5.4. POLY/COTTON PIQUE, 4.25 oz. Cotton, Solid colors 9.5.5. TWILL, 4.5 oz. Cotton, Solid colors 9.6. LONG SLEEVE DENIM: Button down and open collar styles. 9.6.1. CHAMBRAY/LIGHT DENIM, 6.5 oz. Cotton, Solid colors 9.6.2. DENIM, 6.5 oz. Cotton, Solid colors 9.7. SWEATSHIRTS/FLEECE PULLOVERS: 9.7.1. COTTON CREWNECK, 7-8 oz. Cotton, Solid colors 9.7.2. COTTON CREWNECK, 7-8 oz. Cotton, Solid colors 9.7.3. COTTON CREWNECK, 7-8 oz. Cotton, Solid colors 9.7.4. COTTON CREWNECK, 7-8 oz. Cotton, Solid colors 9.7.5. HALF -ZIP SWEATSHIRTS, 9 oz. Cotton, Solid colors 9.7.6. HALF -ZIP FLEECE, Solid colors 9.7.7. HOODED PULLOVERS, 7.5 oz. Cotton, Solid colors 9.7.8. HOODED PULLOVERS, 10 oz. Cotton, Solid colors 9.7.9. HOODED PULLOVERS, 11 oz. Cotton, Solid colors 10. EMBROIDERY: All garments shall have the City of Round Rock logo sewn on left -heart. Thread colors shall be pre -approved by City representative before production. 11. FABRICS: All garments shall meet the following minimum specifications: 11.1. COTTON garments shall consist of a minimum of 90% cotton. 8 of 9 SPECIFICATION NO. 04-200-70 DATE: September 2004 11.2. POLY/COTTON blends shall consist of a minimum of 50% cotton. 12. COLORS: All garments shall be available in dark, neutral and heather colors. PART III DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT 1. DELIVERY: Delivery of inventory shall be completed within thirty days from issuance of order to successful bidder. 1.1. Garments must be delivered to the following location with itemized documentation: City of Round Rock Purchasing Dept. 221 East Main Street Round Rock, TX 78664-5299 2. INVOICING: Contractor shall submit one original and one copy of each invoice to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 3. PROMPT PAYMENT POLICY: Payments shall be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor 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: 3.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3. There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 4. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. 9 of9 BID TAB: Garments for Non -Uniformed Employees 10/ Taylor SIZES COLOR Cintas Triad USA SRI Sporting Unifirst Goods S - XL Solid colors 14.99 18.75 11.00 11.00 , NO BID,i S - XL Solid w/trim NO BID 21.55 11 nn 1 s nn kin airs: mmm mmmczama 0, 0 mmca'mCO 0 0 0 0 0;C Cotton Crewneck, 8-9 oz. Cotton S - XL Solid colors NO BID 12.85 11.25 11.25 NO 81 23 SWEAT/PULLOVER Cotton Crewneck, 9-10 oz. Cotton S - XL Solid colors 15.99 11.95 11.85 1150'- NO BI 24 SWEAT/PULLOVER Cotton Crewneck, 10+ oz. cotton S - XL Solid colors 17.99 14.50 13 R5 19 tin kin iiI 0 Ls) N 0 000u)0 Ln 0 C) 0 CO N 0 0 C) 0 O 0 0 C) 0 M 0 0000 V' 0 c') 0 C' 0 L(7 0 N 0 CC Ln C n I,- .- N N 0 'Q N 0- LO N r 0�-.R' N Ln - 0 O!.- N 4 O LC) r O CV .- ) ti .- r fes- c .- 23.90 15.25 26.50 NO Pi'i' co U) N- co CO CV N tri CO W in i"- C) NN,- co CO O LC) ti of 0) CO 4 N O Ln N- in CO N N <- r r) N in O 6 In r O N to N N N (0 N C) N COCD 'Solid w/trim 1 22.99 : NOI 19.99 Q 0 Q 66'ZZ ) saoloo epos! 1Solid colors 22.99 Solid colors 18.99 Solid w/trimDaiDI !Solid colors 19.991 Solid w/trim NCTRiiti Q 0 CO O O a 0 Solid colors Solid w/trim ii 0 O '6 C/) 0 O D 0) L 0 O O ) i 0 0 76 0 N 0 0 a 0 N p p a 0) S - XL S - XL S - XL S - XL 1 S - XL X U) L_ s - XL X V) X U) S - XL S - XL S - XL X U) J S - XL X 0) X U) z 0 h a E` 0 i» LU 00 Jersey Knit, 6.7 oz. Cotton Jersey Knit, 6.7 oz. Cotton Pique, 6.7 oz. Cotton Pique, 6.7 oz. Cotton Ribbed Knit, 6.7 oz. Cotton Ribbed Knit, 6.7 oz. Cotton Cotton Oxford, 4.5 oz. Cotton Poly/Cotton Oxford, 4.5 oz. Cotton Cotton Pique, 4.25 oz. Cotton Poly/Cotton Pique, 4.25 oz. Cotton Twill, 4.5 oz. Cotton Chambrey, 6.5 oz. Cotton Denim, 6.5 oz. Cotton Jersey Knit, 6-7 oz. Cotton (Jersey Knit, 6-7 oz. Cotton Pique, 6-7 oz. Cotton Pique, 6-7 oz. Cotton Ribbed Knit, 6-7 oz. Cotton CLASS & ITEM 'S_ _ S POLOS D0000 W J J _I J J> 1 a a a a S D0))Cf)COCOOC`nn ISS WOVENS SS WOVENS SS WOVENS SS WOVENS �2cncnv)(/) Z Z H F- H I - z z z z ] a Y Y Y Y nu JJJJ LS KNITS F CO 0 N .Q (O N N co co `$ 0) CO ti co O (O 0 Ca (0 0) N N CO _ co < E Evaluation Team recommends award of contract to Sharon Parker Jean Russo Allen Michelson 0 10 0 co Randy Barker 5 0 100 0.00 0.00 86.17 5.00 0.00 84.37 0.00 0.00 50.00 3.00 0.00 33.42 Quality of Goods/Services c) t=> 0 . 0 CI 0 in Oki CN 0 0 c6 Cintas 23.13 7.29 0.00 Meets City Needs cD o' el m CNI cNi CJ c a ix; Cost of Goods/Services 0.1) V, r".. V4'm 6 CNI 00 tr) .4 iv) 0 0 Ili Cy) Evaluation Criteria Point Nialue Triad USA E2 (s) Taylor Sporting Goods Evaluation Team recommends award of contract to Sharon Parker Jean Russo Allen Michelson 0 10 0 co Randy Barker Cost Projection - Triad USA Bid Submittal ITEM # CLASS & ITEM DESCRIPTION SIZES COLOR TRIAD 1 a SS POLOS Jersey Knit, 6.7 oz. Cotton S - XL Solid colors 18.75 la SS POLOS Jersey Knit, 6.7 oz. Cotton S - XL Solid w/trim 21.55 2a SS POLOS Pique, 6.7 oz. Cotton S - XL Solid colors 17.50 2b SS POLOS Pique, 6.7 oz. Cotton S - XL Solid w/trim 22.90 3a SS POLOS Ribbed Knit, 6.7 oz. Cotton S - XL Solid 18.85 3b SS POLOS Ribbed Knit, 6.7 oz. Cotton S - XL Solid w/trim 23.75 4 SS WOVENS Cotton Oxford, 4.5 oz. Cotton S - XL Solid colors 25.60 5 SS WOVENS P/C Oxford, 4.5 oz. Cotton S - XL Solid colors 18.75 6 SS WOVENS Cotton Pique, 4.25 oz. Cotton S - XL Solid colors 24.99 7 SS WOVENS P/C Pique, 4.25 oz. Cotton S - XL Solid colors 17.50 8 SS WOVENS Twill, 4.5 oz. Cotton S - XL Solid colors 22.95 9 SS DENIM Chambrey, 6.5 oz. Cotton S - XL Solid colors 23.11 10 SS DENIM Denim, 6.5 oz. Cotton S - XL Solid colors 15.95 11a LS KNITS Jersey Knit, 6-7 oz. Cotton S - XL Solid colors 20.75 11b LS KNITS Jersey Knit, 6-7 oz. Cotton S - XL Solid w/trim 22.25 12a LS KNITS Pique, 6-7 oz. Cotton S - XL Solid colors 23.25 12b LS KNITS Pique, 6-7 oz. Cotton S - XL Solid w/trim 23.90 13a LS KNITS Ribbed Knit, 6.7 oz. Cotton S - XL Solid colors 26.50 13b LS KNITS Ribbed Knit, 6.7 oz. Cotton S - XL Solid w/trim 28.50 14 LS WOVENS Cotton Oxford, 4.5 oz. Cotton S - XL Solid colors 22.50 15 LS WOVENS P/C Oxford, 4.5 oz. Cotton S - XL Solid colors 17.50 16 LS WOVENS Cotton Pique, 4.25 oz. Cotton S - XL Solid colors 25.75 17 LS WOVENS P/C Pique, 4.25 oz. Cotton S - XL Solid colors 18.50 18 LS WOVENS Twill, 4.5 oz. Cotton S - XL Solid colors 23.95 19 LS DENIM Chambray, 6.5 oz. Cotton S - XL Solid colors 21.95 20 LS DENIM Denim, 6.5 oz. Cotton S - XL Solid colors 16.50 21 Sweat/Pullover Cotton Crew, 7-8 oz. Cotton S - XL Solid colors 10.05 22 Sweat/Pullover Cotton Crew, 8-9 oz. Cotton S - XL Solid colors 12.85 23 Sweat/Pullover Cotton Crew, 9-10 oz. Cotton S - XL Solid colors 11.95 24 Sweat/Pullover Cotton Crew, 10+ oz. cotton S - XL Solid colors 14.50 25 Sweat/Pullover Half -zip sweat, 9 oz. Cotton S - XL Solid colors 20.25 26 Sweat/Pullover Half -zip fleece S - XL Solid colors 24.75 27 Sweat/Pullover Hooded, 7.5 oz. Cotton S - XL Solid colors 13.95 28 Sweat/Pullover Hooded, 10 oz. Cotton S - XL Solid colors 21.05 29 Sweat/Pullover Hooded, 11 oz. Cotton S - XL Solid colors 26.60 AVERAGE COST PER GARMENT 719.90 $20.57 PROJECTED ANNUAL COST (500 ea.) $10,284.29 HUMAN RESOURCES POLICIES AND PROCEDURES UNIFORM POLICY UNIFORMS AND GENERAL DRESS GUIDELINES PURPOSE To provide general guidelines on appropriate dress and professional appearance for employees. POLICY DEFINITION Uniforms and/or logo apparel are provided to eligible employees for identification and for personal convenience. It is the City's policy that employees who are issued uniforms shall wear them during all scheduled work hours at the City. Employees who are not provided with uniforms shall dress in a manner appropriate for their duties which present a professional and businesslike appearance. For the purpose of this policy, uniforms shall include: Uniform company issued attire consisting of trousers, jeans, shorts, shirts, and City logo shirts to be worn as part of a uniform. This policy does not address Police or Fire Department uniforms for sworn personnel. GUIDELINES Uniforms are furnished for employees who in the course of their regular job duties meet the following criteria: • Fostering public safety; (when the employee must be readily identifiable to the public as a figure of authority or when the employee's duties require frequent access to private property in an official capacity) , • Maintaining employee safety; (where the uniform provides a degree of protection not afforded by street wear, e.g. overalls, smocks, etc.), • Preventing employee hardship; (when the nature/extent of the position poses a greater chance in the of degradation of clothing due to excessive dirt, grease or corrosive materials, etc), and, • Adhering to professional or trade practices. (Where certain types of dress conform to the expectations of the organization and the employee needs to be identified as a part of a specific work group). Uniforms shall not be provided • To enhance employee or organizational morale or esprit de corps; • To augment an employee's compensation; or • To substitute for a normal, common sense dress code or the enforcement of such a code. Non -uniformed Personnel • Employees clothing must be neat, clean, pressed, and not noticeably worn, tom, or patched. • Employees shall not display any tattoos, body art or branding with an offensive design, logo, or wording. HUMAN RESOURCES POLICIES AND PROCEDURES UNIFORM POLICY • Clothing brand logos are acceptable. The commercial names and logos of hotels, casinos, bars; alcohol or drug related logos or slogans; other advertising; and obscene, suggestive or slang logos shall not be worn. • Clothing not generally accepted as casual business attire will not be allowed — e.g., halter tops, spaghetti strap dresses/tops, exposed mid - drift, back -less dresses, transparent or semi -transparent fabrics, extremely short dresses or skirts, form -fitting shirts, blouses, sweaters and trousers. • Sleeveless shirts, blouses or sweaters may be worn provided they do not expose any part of the undergarments. • Appropriate footwear includes: tennis shoes, sandals, "dress" shoes, flats, heels and boots. Uniformed Personnel • Employees must wear shirts, trousers, and shoes at all times while on the job. • Employee uniforms must present a neat, clean appearance, particularly at the beginning of the workday. Trousers may not be frayed. No cut- off shorts or shirts may be worn and clothing should be free of holes and tears. • Shirts must be buttoned properly. • Shirts must be tucked in unless tucking creates a hindrance to the performance of the task and/or creates a health or safety issue. • Uniforms shall be replaced that become unsuitable due to normal wear and tear at work. • Safety shoes, protective eyewear and other personal protective items shall be worn in accordance with the applicable safety rules and directives. VENDOR ISSUED Uniformed Field Employees/Supervisors UNIFORMS Uniform shirts, trousers, and tee shirts are provided at no cost to the employee. The uniform shirts and trousers are property of the service provider and must be turned in at termination of employment. Other tee shirts and shirts that bear only the City logo (no department/division name) may be retained by the employee. The City will furnish the following uniform items to eligible employees consisting of the equivalent of but not less than: • 11 sets of uniform items consisting of either 11 uniform company issued trousers and shirts and 6 T-shirts; or, • 11 shirts and 6 jeans and 6 T-shirts. • 4 baseball -type caps Laundry services are provided for all service provider issued uniforms. 2 HUMAN RESOURCES POLICIES AND PROCEDURES UNIFORM POLICY PROBLEM RESOLUTION An initial inventory of items provided to the employee will be made and the employee shall be required to sign the inventory list indicating he/she has possession of the items. Replacement of items that are lost or damaged (other than through normal wear and tear) shall be the responsibility of the employee. If an employee discovers loss or damage to their uniform(s), other than normal wear, they should report this fact to their supervisor not later than the beginning of the next workday following discovery of the loss or damage. Employees separating from employment with the City must turn in all vendor issued items. If the appropriate number of items is not returned, the contract replacement cost will be deducted from the employee's final paycheck. Non -Uniformed Field Supervisors The City will furnish 7 shirts, 7 trousers or jeans, and 4 baseball -type caps to all non -uniformed Field Supervisors. Non -Uniformed Office Personnel Regular status employees are entitled to receive 2 City logo shirts per fiscal year (not to exceed $30 per item). Departments/divisions may provide specific guidelines regarding the actual number of uniforms issued to the employees depending on the nature of the work performed. Directors may authorize the wearing of uniform shorts by employees when it will not interfere with their work performance, or, it can be done without creating a greater safety risk than would otherwise exist and when the general public would normally accept it as common practice. Department Directors or their designee may authorize the purchase of overalls and jackets (cold weather gear) for those employees whose positions require them to work outside during extreme cold weather. EMPLOYEE RESPONSIBILITY Employees must notify their supervisor of complaints and/or discrepancies related to vendor services. This includes damages, laundry service, repairs, etc. • Employees may not donate clothing with department, and/or division identification to charitable organizations (e.g. Goodwill, Salvation Army, The Red Cross, etc.). • Uniform clothing and clothing with department, and/or division identification may not be worn by anyone who is not an employee of the City of Round Rock. 3 HUMAN RESOURCES POLICIES AND PROCEDURES UNIFORM POLICY DEPARTMENT DRESS STANDARDS RELATED POLICIES EFFECTIVE DATE • All employees that separate from employment with the City must return all assigned uniform items. In the event an employee fails to return all assigned uniform items, the contract replacement cost of the uniforms will be deducted from the employee's final paycheck. SUPERVISOR RESPONSIBILITY • Communicate the City's general policy on uniform, dress, and appearance as well as department/division specific policies. • Evaluate the dress and appearance of employees under their supervision. If an employee is not dressed appropriately, the supervisor must take appropriate actions. Actions may include: (1) On the first occasion, oral warning will be given to the employee and the City's and/or department's dress and appearance policies shall be reviewed. The employee must acknowledge by signature. (2) On the second infraction, a written warning will be given. (3) Continued violations will result in other disciplinary action, up to and including termination. • Anytime the dress or appearance of an employee is deemed inappropriate for the work environment, an employee may be sent home. The employee must use leave time to cover the time away from work. • Supervisors are responsible for collecting all uniforms and City logo shirts depicting department and/or division identification upon an employee's termination or transfer to another department. CONTRACT ADMINISTRATION • Purchasing will ensure the resolution of any issues or complaints submitted by supervisors regarding the services provided by the vendor. • Purchasing will notify supervisors of resolution progress with the vendor as necessary and will coordinate Quarterly updates with service providers and affected departments. At the discretion of the department, uniform and dress standards may be stricter than the guidelines set forth in this policy. 4