CM-09-07-139CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF ARMORED CAR -SERVICES
FROM BRINKS, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
§
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of armored car services, and for related goods and
services, referred to herein as the "Agreement," is made and entered into on this the / 77'day
of the month of < , 2009, by and between the CITY OF ROUND ROCK,
TEXAS, a home-rul muni ipality whose offices are located at 221 East Main Street, Round
Rock, Texas 78664, referred to herein as the "City," and BRINKS, INC., whose offices are
located at 1400 Smith Road, Suite A101, Austin, Texas 78721, referred to herein as the
"Vendor," This Agreement supersedes and replaces any previous agreements between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase armored car services, and to purchase associated
goods and services, and City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Request for Quotes" for the provision of said goods,
and City has selected the bid 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 and/or services and Vendor is obligated to sell same,
The Agreement includes the following: (a) City's Request for Quotes designated RFQ 09-017,
Specification Number 09-990-10-01 revised February 12, 2009; (b) Vendor's Response to RFQ;
(c) contract award; and (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:
00161640/Jkg
csict
(1) This Agreement;
(2) Purchaser's Response to RFQ;
(3) City's Request for Quotes, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Brinks, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
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 two (2) consecutive twelve-month periods
from the effective date hereof. After that term, this Agreement may be renewed for one term of
twelve (12) months, with such renewal to occur on or before the expiration date of the preceding
term, and with such renewal being absolutely predicated upon the express written agreement of
both parties. Such renewal is permitted only provided Vendor has performed each and every
contractual obligation specified in this original Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
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D. City reserves the right to review the relationship at any time, 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 as outlined in RFQ
09-017, Specification Number 09-990-10-01 revised February 12, 2009, and Response to RFQ
submitted by Vendor, all as specified 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 RFQ and as offered by Vendor in its Response
to the RFQ.
The goods 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.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by 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 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
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agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
8.01 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 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.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
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.
4
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 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.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Request for Quotes No. 09-
017 (including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Elaine Wilson
Finance Project Manager
Finance Department
221 East Main Street
Round Rock, Texas 78664
512-218-5444
ewilson@round-rock.tx.us
15.01 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.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in fixture bids for the same type of work unless the scope of work is significantly
changed.
5
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.
17.01 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.
18.01 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.
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19.01 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.
20.01 ASSIGNMENT AND DELEGATION
The parties 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:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Brinks, Inc.
1400 Smith Road, Suite A101
Austin, TX 78721
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 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.
7
23.01 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, duly authorized by action of the City Manager or City Council.
24.01 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 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.
25.01 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
such 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 to
be void.
26.01 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
8
a
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.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Brinks, Inc.
By:
Printed N
Title:
Date Signed:
Attest:
By: (11/14di • tialAkt
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Steph
L. Sheets, City Attorney
P Name':
P i�ntedNamcr:
'tie: VP „ales
011'..4"
Date Signed: 6-i''ti9
9
REQUEST FOR QUOTES (RFQ)
CITY OF ROUND ROCK PURCHASING OFFICE
221 EAST MAIN STREET, END FLOOR
ROUND ROCK, TX 78664 ( 0 9
CITY CONTACT INFORMATION
MARGIE HOWARD;
EMAIL: mhow$rdj8 round-rock.lx.us
PHONE: 612-218.7089 FAX 512.218.7028
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
DID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
RFQ INFORMATION: ARMORED CAR SERVICES
QUOTE NUMBER 09.017 IDATE:2711l09
CLOSE DATE: 2f2412009 at 3:00 P.M.
FAX OR EMAIL QUOTES TO: MARGIE HOWARD ON OR
BEFORE CLOSE DATE. ANY QUOTES RECEIVED AFTER
THAT TIME WILL N07 BE ACCEPTED.
pIODER SHALL ON BELOW
re 10
Fe 111
°died Signature
Don Dollard
quality quota
13 -Feb -09
Data
DESTINATION:
BIDDER INFORMATION
City of Round Rock
City Hall
221 East Main Street
Round Rock, Texas 78664
TAX ID NO.: 382478302
LEGA:. BUSINESS NAME: Brinks. Inc.
ADDRESS 1403 Smith Road age A101
ADDRESS: Austin, Texas 70721
CONTACT: Don Mord
TELEPHONE NO.: 612-745.3635
BUSINESS ENTITY TYPE: Armored Car SeMee
"By me signature hereon affixed, the bidder hereby certifies that neither the bidder ncr the entity represented by the bidder, or anyone acting for such entity
has violated the antitrust laws of this Stale, codified In Section 18.01 et seg., Texas Business and Commerce Code, or the Federal antitrust laws, nor
communIcated directly or IndLeclly, the bld made to any competitor or any other person engaged In such line of busliness."
Bidder agrees to complywith all conditions set forth In this Solicitation.
This is fo
Dated 2/11/09
a lwo(2)12 month Agreement with a one (1) 12 month renewal option f r Armored CarServces In accordance with SpedHcadonNo.09.017
(6 pgs), Attachment A Insurance (4 pgs), QuestIonalre (1
1
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ITEM
CLASS &ITEM DESCRIPTION
99010 Pickup. and DoposEa for Armored Car SerQIc.s OTT
UNIT OF
MEASURE
UNIT PRICE
EXTENSION
5324.75
1
City Hall, 221 East maln Street, Round Rock, TX 78884
6
days/wk
$15.00
2
McConico Building, 301 W Bagdad, Round Rock, TX 78664
5
daysAYx
515.00
5324.75
3
Clay Madsen Recreation Center, 1600 Gattis School Rd, Round
Rock, TX78664
3
dayslwk
$17.00
$220.63
Other Services
4
Deposit Bags • Please :lel sizes and price of begs
a
HolidayService
1
each
535.00
e
Excess Time
1
each
N/A
7 .
Additional Pickups
1
each
535.00
e
Excess Liability
$0.10 52000 In
per excess of
5400,000 per trip per location
o
Any Additional Fees or Services
Delivery In 6 Days
GRAND TOTAL
$870.33
EXHIBIT
1
QUOTE INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF QUOTE
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. QUOTING REQUIREMENTS:
1.1 Quoting requles pricing per unit shown and exlenslons. 11 trade discount is shown on Quote, It should be deducted and net the extensions shown. Quotere guarantees
product offered wit meet or exceed specitk.Ilons ldentlled In this invitation For Quote (RFQ).
1.2 Quotes should be submitted on this torn. Each Quota ahan be placed In a teparale envelope completely end properly Identified. See Instructions an RFQ. Quotes mull
be N the Purchasing OMce before the hour and dale specified en the RFQ.
1.3 Late Quotes property Identified win be returned 10 quoler unopened. Late quotes will not be considered.
1.4 F.O.B. desOnodon, freight, prepaid,&alowed unless otherwise specified on the RFQ. IfotheMtse, show exact cost to delver.
1.5 Quote unit price on quantity and unit of measure +speckled, Send and show OWL In case of errors In extension, unit prices 'hall govern. Quotes subject to unlimited price
Increase w11 not be considered.
1.6 Quote prices thel be Mn for acceptance 30 days from quote doing date. 'Discount from Usr quotes mo not eaepWnce unless requested. Cash discount Mil not be
conslldered In determining the low quote. M cash discounts offeredwll be taken I earned,
1.7 Quotas shal give Tax idendncatlon Number, full name and address of quoler. Educe to sign coil disqualify quote. Person signing quote that show little and auvorily to
Wnd signatories firm In a contract Elms name should appear on each page In the block provided In the upper right comer. Business Enttythat be one(1) of the folowing;
lagvidval, Partnership, Sole Proprietorship, Estate/Trait, Corporation, Governmental. Nonprofit. all other. shal be specified. INDIVIDUAL: Lal name and number as
shown an Sodat Security Card. SOLE PROPRIETORSHIP; LIN legal name followed by legal business name and Social Security Number. ALL OTHERS; UM legal name
of entity and Tax Identification Number (1111).
1.8 Quote cannot be altered or emended after opening tlme. AnyAlteratons made before opening time shal be Initialed by quoter or an authorized agent. No quote can be
Withdrawn after opening limewithout approval of the CITY besed on a written acceptabte reason.
1.0 The City It exempt from Stale Sales Tax and Federal Excise Tax. Do not Include teeth quote.
1.10 The Cly reserves the tight to accept or reject 51 or any part of quote, waive ionor technicalities and award to quote to best serve the Interests of the CIy, Split awards
maybe made at the sole discretion Other City.
1.11 Consistent sad continued Oe quotes could cause rejection of quotes by the City anter Investigation foranVWalvlolalons.
1.12 CAUTION: Invitation slows sumdent time for receipt of the preferred mag response. The City shag not be responsible for quote. received late, Eaglet°, Incomplete, or
otherwise non-respondNe
2. SPECIFICATION:
2.1 My catalog, brand name or manufacturer's reference used In RFQ Is desaipfrve only (not resblctle), and a used la kidkate type and quelly desired. Quotes an brands of
like nature and qualy coil be considered unless advertised under the provisions of Section 252,022 of the Texas Local Government Code. It other Than brand(.) specified
Is offered, Battalions and complete descriptions of product offered are requested to be made a pert of the quote. 11 quoler takes no exceptions to specifications or
reference data Inquote, quote: WO be required to furnish brand name, numbers, alp as specify' In the RFQ.
2.2 AI Items quoted shell he nevi, In fust dens condition, Inelud!ng containers akabe for shipment and storage, unless otherAse Indicated In RFQ. Verbal agreements to the
contrary MA not be recognized.
2,3 Semple., whin requested, must be furnished free of expense to the Cly. 11 not destroyed In examination,they'wel be Waned to the quoler, on request. at quoter expense.
Each example should be nmarkedwith qualms' name and address, City quote number and code. Do not enclose In or attach to quote.
2.4 The ClywW not be bound by any oral slatementorrepresentatlon contrary to thewdtten specifications of this RFQ.
2.6 Menufacturefa aandardwarranty Mal apply unless otherwise stated In the RFC).
3. TIE QUOTES: In case of do quote, the awardwll be made In accordance with Section 271.001 of to Texas Local Goverment Code,
4. DELIVERY:
4.1 Citrate should show number of days required to place material In City's designated location under normal conditions, Falure to state deliver time obligates quoler to
complete delivery In fourteen (14) calendar days. Urvealislkely short or tong delivery promises may cause quote le be disregarded. Consistent fa3ur, to meal dettvery
promises without valid reason may cause removal from quote list (See 4.2 folowog.)
4.2 If delay Is foreseen, contractor shal give written nolle lo the Cky. The Cly has Ilse right to extend delivery dela If reasons eppear vend, Contractor must keep the Cky
advised at al times of status of odor. Default In promised delivery (without acceptable reasons) or (shire to meat specifications, authorizes the CRy to purchase supplies
elsewhere and charge full Increase, Rany, In coal and handling to defeulang contractor.
4,3 No substitutions or cancellations permitted vAthoutwdten approval of me City.
4.4 Delivery shall be made during normal working ham only, unless prior approval for tole delivery has been obtained from the City, urdess othnwise specified In the RFQ.
6. INSPECTION ANO TESTS: M goods MI be subject to Inspection and tart by the Cly la the extent practicable al all twee and places. Authorized City personnel shal have
throes to any supplier's place of business for the purpose 01 Impacting merchandise. Tests may be performed on samples submitted with the quota or on samples taken from
regular shipments. U the products tested fall to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of Inc testing shall
be home by the supplier. Goods, which have been delivered and rejected In whole or In part, may, at the Clio option, be returned to the Vendororheld for disposition at Vendor's
risk and expense. Latent defeats may result In revocation of acceptance.
6. AWARD OF CONTRACT. A response to an RFQ Is an offer to conked with the Cky based upon the lawns, conditions, and specifications contained In the RFQ. Quotas do not
become contracts unless and untl they are accepted by the Ciy through ha designates and a purchase order Is Issued. The contract shall be governed, construed, and Interpreted
under the Charter of the City and the laws of State ofTexas. M oantraca are subject to the approval of the City Councl or Manager.
7. PAYMENT: Vendor shall submit three(3)copies of en Invoice showing the purchase order number on al copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the CIO from daima involving Infringements 01 patents orcopydghta.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and an dans for overcharges associated with this contract, which arise under the antitrust laws tithe Slats
of Texas. Tx, Bus. Md Cantu. Code Ann. Seo. 15.01, et seq. (1967).
10. QUOTER AFFIRMATION:
10.1 Signing this b!d(quole with a false statement Is a material breath of contract and shall void the submtad quote or any resulting contracts, end the quoler shell be removed
from al quote Ilea. By signature hereon affcced, the saunterherebycert,Ties ilial:
10.2 The quoter has nolglven, offered toeless, nor Intends to Bine any time hereafter any economic opportunity, nature employment, gytloan, gratuity, .pedal discount, tip, favor,
or service to a publics servant In connection with the submitted quote,
10.3 The gaoler le not°enenas, deMquentIn the payment of any debt owed the Cly,
10.4 Nether the quota nor the flan, corporation, partnership, or any entity represented by the quoter, or anyone acting for such firm, corporation, or entity has violated the
angWat laws of Ihls State coddled In Section 15.01 el Seq. Texas Business end Commercial Cede, or the Pedant Antitrust Laws, nor communicated directly pandit -edit
the quote made to any competitor, orany odor person engaged In suchfine of bus'nesa
10.5 The quoler hes not received oomponsaton for participation In the preparation of the specification for this RFQ.
11. NOTE TO QUOTERS: Arry terms and conditions attached to quote will not be considered unless the quolar specifically references them on the (rant of Hs quote (am.
WARNING: Such terns and conditions may result In disqualification of the quote (e.g. quota with the laws of a sale other than Texas requirements for prepayment Limitations
on remedies, ala.) Tho Cky of Rovnd Rock can only accept quotes which contain al Ilse terms and conditions of Its formal RFC; In particular, all qudera affirmations and
certifications must be included. Submlaaton of quotes on forms other than City quote form may result In disqualification of your quote.
12. INQUIRIES: Inquiries pertaln!rng 10 aotkatlon muatgive bidlquote number, codes, and cpeningldosing date.
Instructions Page 1 of 1 Rev,; 10-00-08
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: RFQ 09.O17—Armored Car Services
1rrzrznnnn t 22 1 to
BIDDERIQUOTER'S NAME: , BRINKS INii • /OAN ORMIT PATE: , Dal I IIIPbb 7
Provide the name, address, telephone number and point of contact of at least three firms that have utilized similar service for
at least 2 year, References may be checked prior to award. Any negative responses received may result in disqualification
of quote.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
4, Company's Name
Name of Contact
Title of Contact
Present Address
city, State, Zip Code
Telephone Number
5. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
CITY OF IflHPFK
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PO,BAX319
(91)a 2129
ARRAN IFMMPYF.R
Fax Number (;la. ) sat- Hal
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"MCI TX 16514
(512)3sa-VPA)
Fax Number ( )
CITU of CEDAR PREK
.nYCF. HERRIN;
Mb NOAH{ RM. BIVD
GUN MK TX 1R6I3
(512,) .1)2l Fax Number (5I2) a58-6083
0 -54
CITY of KVIk
WENVY BFI.
SENnR Arson -Mon
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(sitTX MAO
)30- 3tLI
OMNI NDTFIS INC.
len, NJtAJ71 IER((
TR€I5URY ConROINATIIR
4an 'FfKFR
(I41a 7,1- 51156a
Fax Number (51a ) abs- 3R110
Fax Number () 41I'505
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY
DISQUALIFY THE RESPONSE FROM CONSIDERATION OF AWARD,
Reference Sheet Page 1 of 1 Dated: 05/2005
SPECIFICATION NO
09-990-10-01
REVISED: 2/12/2009
CITY OF ROUND ROCK
ARMORED CAR SERVICES
PART 1
GENERAL
1. PURPOSE: The City of Round Rock is seeking an multi-year agreement with a qualified bidder to provide
Armored Car Services for the City's Treasury and other Departments in accordance with the terms, conditions
and specifications in this Request For Quote (RFQ).
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid
document:
2,1. Agreement—A mutually binding legal document obligating the Vendor to furnish the goods, equipment or
services, and obligating the City to pay for it.
2.2. Bld/Proposal/Quote - is a complete, properly signed response to a Solicitation that if accepted, would bind
the Bidder/Proposer to perform the resulting contract.
2.3. Bidder/Proper Identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the goods, equipment or services.
2.4, City — Identifies the City of Round Rock, Travis and Williamson Counties, Texas.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Piggyback Contract—A term used to identify contracUagreement or purchase order that has been
competitively bid In accordance with State of Texas statutes, rules, policies and procedures and have
been extended for the use of state and local agencies and active State of Texas CO-OP entities.
2.7. 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, and the City's commitment to accept the Goods or Services for an agreed upon price.
2.8. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and
their ability to comply with promised delivery dates, specification and technical assistance specified
2.9. Subcontractor -Any person or business enterprise providing goods, labor, and/or services to a Vendor if
such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's
obligations arising from a contract with the City.
2.10. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from an agreement or
purchase order.
2.11. Goods - represent materials, supplies, commodities and equipment.
Page 1 of 7
SPECIFICATION NO
09-990-10-01
REVISED: 2/12/2009
3. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code
(House Bill 914) requires that any vendor or person considering doing business with a local govemment entity
disclose the vendor or person's affiliation or business relationship that might cause a conflict of Interest with a
local government entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics
Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
3.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of Interest may
automatically result In the disqualification of the vendor's proposal.
4. CLARIFICATION: For clarification of specifications, bidders may contact:
Margie Howard
Purchasing Assistant
City of Round Rock
Telephone: 512-218-7069
mhoward@round-rock.tx.us
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 II
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor and goods necessary to perform the service. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States Department of
Labor.
2. EXCEPTIONS: Any variation from thls specification must be Indicated on the bid or on a separate attachment to
the bid. The sheet shall be labeled as such.
3. ENVIRONMENT: It Is the Intent of the City to purchase good and equipment having the least adverse
environmental impact, within the constraints of statutory purchasing requirements, departmental needs,
availability, and sound economical considerations. Suggested changes and environmental enhancements for
possible inclusion In future revisions of thls specification are encouraged.
4. DAMAGE: The Vendor 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 Vendor shall be responsible
and liable for the safety; injury and health of its working personnel while its employees are performing service
work.
5. WORKPLACE: 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 Vendor, Vendor'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.
6. BEST VALUE EVALUATION: All bids received shall be evaluated based on the best value for the City. In
determining best value, the City may consider:
6.1 The purchase price;
6.2 Reputation of the bidder and of bidder's goods and services;
Page 2 of 7
SPECIFICATION NO
09-990-10-01
REVISED: 2/12/2009
6.3 The quality of the bidder's goods or services;
6.4 The extent to which the goods or services meet the CIty's needs;
6.5 Bidder's past relationship with the City;
6.6 The total long-term cost to the Municipality to acquire the bidder's goods or services; and
6.7 Any relevant criteria specifically listed in the solicitation.
7. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of
Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or
Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication
between Bidder and the City will be Initiated by the appropriate Clty Official or Employee in order to obtain
information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte
communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then
in evaluation, or any future bid.
10. AGREEMENT: The term of the Agreement resulting from the solicitation may be for two (2) consecutive twelve
(12) month periods of time from the effective date and shall remain in full force and effect unless and until it
expires by operation of the term stated or until terminated or extended as provided herein. The City reserves the
right to:
10.1. Renew Agreement for one (1) additional period of time not to exceed twelve (12) months for each renewal
provided both parties agree.
10.2. Review the following at the end of each twelve-month review period or renewal:
10.2.1. Vendor performance;
10.2.2. Price;
10.2.3. Continuing need;
10.2.4. Advancements In technologies and/or service
10.3. The City may terminate the Agreement with or without cause or may continue through the next twelve-
month review or renewal period.
11. PRICE: The contract price shall be firm for the duration of the contract or extension periods. No separate line
Item charges shall be permitted for either bidding or invoice purposes, which shall include equipment rental,
demurrage, fuel surcharges, delivery charges, cost associated with obtaining permits or any other extraneous
charges.
12. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum
or maximum purchase is made or implied. The City will only order the services needed to satisfy operating
requirements, which may be more or less than Indicated.
13. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase
in services In accordance with the Producers Price Index at http:llstats.bis.govlppll. Price Increases may be
permitted in accordance with the Producers Price Index. Any price Increase to this contract shall be requested by
Vendor in writing and shall be accompanied by the appropriate documentation to justify the increase, and shall be
received by City at least ninety (90) days prior to the agreement review date. Vendor may offer price decreases,
even in excess of the allowable percentage change, at any time during the contract term. 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.
14. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities may be extended the opportunity to
purchase off of the City of Round Rock's solicitation, with the consent and agreement of the awarded vendor(s) and
the City of Round Rock. Such consent and agreement shall be conclusively inferred from lack of exception to this
clause in vendor's response. However, all parties Indicate their understanding and all parties hereby expressly agree
that the City of Round Rock Is not an agent of, partner to, or representative of those outside agencies or entitles and
Page 3 of 7
SPECIFICATION NO
09-990-10-01
REVISED: 2/12/2009
that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such Independently -
negotiated "piggyback" procurements.
15. 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
Vendor a written notice of termination at the end of its then current fiscal year.
16. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior
written notice to the other party. Vendor shall provide the City with 120 days written notice prior to cancellation of
the Agreement and shall continue services fora period of time not to exceed 120 days after written notification.
Termination under this paragraph shall not relieve the Vendor 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.
17. ABANDONMENT OR DEFAULT: A Vendor 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.
18. 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 salary and wage statutes and regulations, and licensing laws and
regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance.
19. 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 City of Round Rock, Texas,
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 will be waived).
20. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, Its officers, agents, servants, and
employees from and against any and all sults, 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 Vendor, its officers, agents, servants and
employees.
21. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth by the City as
Identified in Attachment A to the specifications. Any additional insurance requirements of participating or
cooperative parties will be included as subsequent Attachments and shall require mandatory compliance.
22. LIENS: Vendor 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 resulting agreement. At the
City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of
freedom from liens shall be delivered to the City.
23. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance with the Laws of
the State of Texas,
24. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall
Ile in Williamson County.
25. 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'
Page 4 of 7
SPECIFICATION NO
09-990-10-01
REVISED: 2/12/2009
Compensation insurance, Health Insurance, Liability Insurance or any other Insurance that the City from time to
time may have In force and effect.
PART III.
SPECIFICATIONS
1. SCOPE: This specification describes Armored Car Services for the City of Round Rock.
2. STATEMENT OF INTENT: The intended purpose of these specifications Is to describe Armored Car Services
needed by the City of Round Rock on or about April 1, 2009 or upon a fully executed contract. The successful
bidder shall be required to make scheduled pickups and deposits from various City locations on the days and
times defined in these specifications.
3. SERVICE LOCATIONS:
3.1 City Hall, 221 E. Main Street, Round Rock, TX 78664
3.2 McConlco Building, 301W Bagdad, Round Rock, TX 78664
3.3 Clay Madsen Recreation Center, 1600 Gattis School Rd, Round Rock, TX 78664
3.4 The City reserves the right to add or delete pick up or delivery locations to satisfy the needs of the
City
4. DESTINATION DEPOSITORY: Current Designated Depository Bank: Bank of America Central Vault. Please
designate same day or next day bank delivery to:
Bank of America.
Central Vault
5. REQUIREMENTS: Armored Car Services shall:
5.1 Have uniformed personnel that posses a company photo Identification badge.
5.2 Have all transport vehicles properly armored and equipped for the service to be performed. Only
armored transport vehicles shall be used. Standard street vehicles such as unarmored automobiles,
vans, light trucks, etc. are not acceptable.
5.3 Supply a current signature Ilst (also known as a picture list or face list) prior to Implementation of
service. Such list should be updated and provided at least annually to the City.
5.4 Provide the name and contact information of the person who will be the City's single point of contact
for the management of the contract.
6. DEPOSIT PICKUP BY LOCATIONS:
6.1 City Hall Location: Monday - Friday by noon $500,000 liability limit.
6.2 McConico Building Location: Monday — Friday by noon $50,000 liability limit.
6.3 Clay Madsen Recreation Center Location: Monday, Wednesday, Friday by noon $50,000 liability limit.
Deposits include cash, currency, coins, checks, drafts, notes, etc.
Pickup dates exclude the following holidays:
New Year's Day Memorial Day Independence Day
Labor Day Thanksgiving Day Friday after Thanksgiving
Christmas Day (and either the working day before or after)
Page 5 of 7
SPECIFICATION NC)
09-990-10-01
REVISED: 2/12/2009
Also, Pick Ups and Delivers may not be required on banking holidays, such as:
Martin Luther King Day Columbus Day
Veterans' Day President's Day
7. BIDDER QUALIFICATIONS: The bidders shall:
7.1 Be firms, corporations, individuals or partnerships normally engaged in the services described in this
specification. Bidder acknowledges that bidder understands the currently known hazards and risks which
are presented to human beings, property, and the environment In providing the services as specified
herein.
7.2 Provide references to include the name, address, telephone number and point of contract of at least three
Texas entities for which the bidder has preformed similar service within the past three years. Any negative
responses received may result in disqualification of bid.
7.3 Have adequate, under its direct employment and supervision, the necessary organization, facilities,
equipment, supplies and suppliers to properly fulfill all the services required herein.
7.4 Provide any certificates licenses or permit numbers required to provide the services described in this IFB.
Failure to provide this information may, at the City's option, place the successful; bidder In default and
subject the agreement to cancellation.
7.5 Prior to the approval of any contract, provide a completed Insurance Certificate to the City, which shall be
completed by an agent authorized to bind the named underwriters/insurance carriers to the coverage's,
limits and termination provisions shown thereon
7.6 Return with solicitation the attached Armored Car Services General Information and Questionnaire form.
8. CONFIDENTIALITY OF CONTENT: All proposals submitted in response to this IFB shall be held confidential
until a contract Is awarded. Following the contract award, proposals are subject to release as public information
unless the proposal or specific parts of the proposal can be shown to be exempt from the Texas Public
Information Act. Bidder are advised to consult with their legal counsel regarding disclosure issues and take the
appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no
obligation or responsibility for asserting legal arguments on behalf of potential bidders.
8.1 If a Bidder believes that a proposal or parts of a proposal are confidential, then the Bidder shall so
specify. The Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the proposal,
which the Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be
accepted. All proposals and parts of proposals that are not marked as confidential will be automatically
considered public information after the contract is awarded.
9. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the
City representative(s) noted below.
Elaine Wilson
Finance Project Manager
(512)218-5444
PART IV
SERVICE PERFORMANCE AND PAYMENT
1. SERVICE: The Vendor shall have service available to the City and shall be able to respond to request for
additional service within 24 hours. Vendor shall not have more than three (3) major complaints of substandard
performance received in the same month. The City retains the right to determine what constitutes a major
complaint.
Page 6 of 7
SPECIFICATION NO
09-990-10-01
REVISED: 2/12/2009
2. DELAYS: The Vendor shall not be held liable for delays or nonperformance due to the fault of the City. However,
the Vendor shall be totally responsible for the safety and security of the City's sealed deposits in the Vendor's
possession.
3. LOST OR DAMAGED DEPOSITS: In the event of sealed deposit loss or damage, within twenty-four (24) hours of
the loss or damage, the vendor shall submit written reports to the City stating the type and amount of loss.
Salvage, reclamation, and/or reparation shall begin as soon as possible following the loss or damage. All costs
related to the loss or damage to the deposits in the care, custody, and control of the vendor shall remain the sole
responsibility of the vendor. The City will assist In the proper Identification of any such sealed deposits lost or
damaged and will make every effort to minimize costs and or further loss or damage. However, the City's help to
minimize costs does not, in any way, relieve the successful bidder's liability of any loss or costs arising from this
incident.
4. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to the following
address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
5. PROMPT PAYMENT POLICY: Payments will 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 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, services or
equipment delivered or the services performed that causes the payment to be late; or
5.2. The terms of a federal agreement, 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 the Vendor 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
5.4. 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.
6. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 el seq., and which arise
under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01 pi seq..
Page 7 of 7
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. LNSURANCE: The Vendor 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 !Nudes 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
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only Insurance companies licensed and admitted to do business In the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrehce basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. 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.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4, 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
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 Vendor 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.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of Insurance will contain and state, In writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional Insurance endorsement clause declaring the Vendor's
Insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the Interest of each Insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of Insurance indicating:
1,5.4.1. That the Insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall Impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor 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.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the Indemnification provision, shall be underwritten by
contractual Ilability coverage sufficient to include such obligations within
applicable policies.
1.5.8. 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.
1.5.9. Vendor 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.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664.5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. 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.
2.1.1, 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-63, 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.
2.1,2. 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,
2.2. 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 limitagon, 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
Page 2 of 4
Include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of class cation
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 protect.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. 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.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.8.2. 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.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2,8. The CONTRACTOR shall notify the OWNER In writing by certified mall 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.
2.9. 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
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.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and fling 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;
2.10.2. 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
protect;
2.10.3. 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;
2.10.3.1. obtain from each other person with whom It contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
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
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;;
2.10.3.3. 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
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. 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 will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
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.
2.10.3.6. 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.
Page 4 of 4
ARMORED CAR SERVICES RFQ 09-017
GENERAL INFORMATION AND QUESTIONNAIRE
Company Name:
Authorized Representative Signature:
Provide the following information:
Describe security measures you have in place for the armored services sought In this RFQ.
Describe your pre-employment screening practices and background check process.
Describe your shipment tracking systems, tools, and capabilities.
Describe your claims process, including average length of time to settle a claim.
Describe your process to ensure successful implementation and ongoing account management.
Provide your location and hours of operation for your dispatch service.
Designate whether you provide same day or next day banking delivery to central vault.
1
DATE: 17 July 2009
SUBJECT: City Manager Approval — Armored Car Services Agreement
ITEM: Consider executing a multi-year service Armored Car Agreement with Brinks,
Inc.
Department: Finance
Staff Person: Cheryl Delaney, Finance Director
Justification: Contract for Armored Car Services for pickup and delivery of deposits from
various City locations to the City's depository bank, Bank of America.
Funding:
Cost: $10,653.16 annually
Source of funds: General & Utility Funds
Outside Resources: N/A
Background Information: The City requires armored car services for pickup and delivery
of deposits from various City locations to the City's depository bank, Bank of America.
The City went out for bids and Brink's Inc. provided the best value for the City.
Public Comment: N/A
UPDATED APRIL 2008
Request for City Council/City Manager Action
(� City Council City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Finance
Contact Person: Cheryl Delaney/ Misty Gray
Project Mgr/Resource: Cheryl Delaney/ nasty Gray
Project Coordinator.
Assigned Attorney: JK Gayle
For SiliEr l(§, @lint ff s®ONLY
Received: JUL 15 2009 1}'
I 31
Original Documents Received: 9
Project Name: Armored Cs Services
ConiractorNendor: Sinks, Inc.
Funding Source: General & Utility Funds
Elvin S. Wilson Additional funding Source:
City Council or City Manager Approval Date:
Agenda Wording
Amount $10,ss&1 s annual base cost
Account Number: 5280 - various departments
7/17/2009
Consider executing a mufti -yes service Amrored Car Agreement with Brinks, Inc.
Finance Information
Is Funding Required? Yes IJ No
O initial Construction Contract
Construction Contract Amendment p
O Change order a
❑Change in Quantity ❑Unforeseen Grcumstances
Initial Professional Services Agreement
Q Supplemental Professional Service Agreement
® Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action on lines below)
Amount
10,053.10
Reauired for Submission of ALL CIN Council and City Manager Items
Project Mgr. Signature: Elam. Wil
Dept Director Signature:
*City Attorney Signature:
City Manager Signature:
Date:
Date:
Date:
Date:
7a
'gesture is required for all items.
REVISED 7/15/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: FINANCE
Project Mgr/Resource: ELAINE WILSON
[]Council Action:
ORDINANCE
Agenda Wording
Project Name: ARMORED CAR SERVICES
ContractorNendor: BRINKS, INC.
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing a multi-year service Armored Car Agreement with Brinks Inc.
Attorney Approval
Attorney
Notes/Comments
Date
O:\wdox\SCCInts\0117\0902\M I SC\00159564
Updated 6/3/08