HomeMy WebLinkAboutResolution - 2008-R0053 - Contract - WT Cox Subscriptions - Lubbock Public Library Subscription Services - 02_14_2008Resolution No. 2008 P0053
February 14, 2008
Item No. 5.19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Contract and any associated documents with W.T. Cox Subscriptions of
Shallotte, North Carolina, for Lubbock Public Library subscription services per bid #08-
012-MA, which Contract and any associated documents are attached hereto as Exhibit A
and made a part hereof for all intents and purposes.
Passed by the City Council this 14th day of February , 2008.
DAVID �AMILLER, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CON NT:
Scott Snider "
Assistant City Manager/Director of Community Services
APPROVED AS T FORM:
-7
n Vandiver, A orney o ,ounsel
DDres/Cox5ubscriptions-LbraryCon08 Res
January 31, 2008
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Resolution No. 2008 80053
ITB #08-012-MA, Lubbock Public Library Subscription Services
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Lubbock Public Library Subscription Services
Bid No. 08-012-MA
THIS CONTRACT, made and entered into this 14th day of February , 2008, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
W.T. Cox Subscriptions , ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Lubbock Public Library Subscription Services and
bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted
a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said
Contractor covering the purchase and delivery of the said Lubbock Public Library Subscription Services.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration
hereinafter referred to, the parties hereby covenant and agree as follows:
In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and
made part hereof, Contractor will deliver to the City the Lubbock Public Library Subscription Services.
1. Lubbock Public Library Subscription Services specifically referred to as Items) No. one and more particularly
described in the bid submitted by the Contractor or in the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in
this Contract and to complete and finish the same according to the attached specifications, offer, and terms and
conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said
payment schedule does not include any applicable sales or use tax.
3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid
attached hereto and incorporated herein.
4. The contract shall be for a term of five years, said date of term beginning upon City Council date of formal
approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most
appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective
change rate shall be based on either the local or national index average rate for all items. If agreement cannot be
reached, the contract is terminated at the end of the current contract period.
5. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by
either party with a sixty (60) day written notice. Such written notice must state the reason for cancellation. The City
of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the
best interest of the city.
6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to
performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of
City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City.
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ITB #08-012-MA, Lubbock Public Library Subscription Services
7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this
Contract without the written consent of the other.
8. This Contract consists of the following documents set forth herein; Invitation to Bid #08-012-MA, General Conditions,
Specifications, and the Bid Form.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above
written. Executed in triplicate.
CITY OF LUBBOCK
David A. Mille , Mayor
ATTEST:
D.
Rebecc Garza, CitJCNTENT;
tary
APPROVED AS T
Scott Snider, Community Services Director/Assistant
City Manager
APPROVED AS TO FQ$D�:
s t City A or ey
sa2_
CONTRACTOR
BYz2� / Vanessa Hughes
Authorized Representati
201 Village Road
Address
Shallotte, NC 28470
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ITS #00-012-MA, Lubbock Public Library Subscription Services
Resolution No. 2008-ROO53
SUBMIT TO:
CITY OF LUBBOCK
Purchasing & Contract Management
Y
r// CITY OF LUBBOCK, TEXAS
1625 13a' Street, Rm 204
Lubbock, Tx 79401-3830
AN EQUAL IWITATION TO BID
CONTACT PERSON:
OPPORTUNITY
[buyer name
EMPLOYER #UOQ -UI2-MA
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx, us
TITLE:
SUBMITTAL DEADLINE:
Lubbock Public Library Subscription
Services
January 22, 2008, 3:00 p.m. CST
PRE BID DATE, TIME AND LOCATION: DELETED
Any bids received after the time and date listed above, regardless of ibe mode of
delivery, shall be returned unapened
RESPONDENT NAME:
W.T. Cox Subscriptions
LABEL THE OUTSIDE OF YOUR SEALED BID WrrH THE ITB NUMBER, THE
CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
MAILING ADDRESS:
201 Village Road
g
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT
OF NO BID".
CITY — STATE — ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
Shallotte, NC 28470
AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE
COMPETITIVE BID PROCESS, FURTHER, THE CITY RESERVES THE RIGHT TO
TELEPHONE NO:
800-571-9554
ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE
CITY,
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:
877-755-6275
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY
TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY
E-MAIL:
vhughes@Wtcox.com
LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO,
ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN
56-1352557
WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER
THAN FIVE 5 BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the
sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from
the award of this bid to the above firmT_ YES X NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS,
AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL,
EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO
DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL A11717I10RIZED TO BIND THE
COMPANY MUST SIGN THE FOLLOWING SECTION, FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID RUECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firth, business entity, or person submitting
an offer for the same materials, supplies, equipment, or service(&), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the
offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-
trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock.
At the City's discretion, such assigmnent shall be made and become effective at the time the City tenders final payment to the vendor.
,&4AW.;12 L"A'd 6v;? Assistant to the Director of Contract Services
Authorised Sipaturel Title
Vanessa Hughes 01/10/08
Printfrype Name Date
Delivery terms are 45 days ARO.
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
aS-012-MA
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ITB #08-012-MA, Lubbock Public Library Subscription Services
BID FORM
Lubbock Public Library Subscription Services
CITY OF LUBBOCK, TEXAS
ITB 408-012-MA
In compliance with the Invitation to Bid 408-012-MA, the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material,
equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations
and for the prices set forth on this form. The Invitation to Bid #08-012-MA is by reference incorporated in this contract. The Bid
Form must be completed in blue or black ink or by typewriter.
ITEM
DESCRIPTION
TOTAL COST
l
Public Library Subscriptions
$ 15,847.44
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO)
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of N A °10, net _ calendar N/A days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be
NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the
date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a
stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt
by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later.
Discounts for payment in less than ten days will not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone
else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of
profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity;
and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should
sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a
lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all
deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State
of Texas, by mutual agreement with the successful bidder, and properly authorized intcrlocal purchasing agreements as provided
for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices
quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will
honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities
decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would
apply?
Other governmental entities that might have interests in this contract are Frenship Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal
Power Agency, Lynn County, and City of Wolfforth.
YES NO }W,.T. Cox Subscriptions prefers to bid on an individua:
• If you (the bidder) checked YES, the following iv�a ply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be
eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation.
All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity
and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts.
Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY W.T. Cox Subscriptions _ a corporation organized under the laws
ofthe State of North Carolina , or a partnership consisting of N/A or an
individual trading as N/A of the City of N/A
08-012-MA
ITS #08-042-MA, Lubbock Public Library Subscription Services
Firm: W.T. Cox Subscri ty� iong
Address: 210 Village Road
City: Shallotte State: NC ZiV 2B470
M/WBE Woman Black Ameri
can
Native American
By �G��� �" ' Date: 01 /10/08
Authorized Representative - must sign by hand
Officer Name and Title: Vanessa Hughes / Assistant to the Director of Contract Services
Please Print
Business Telephone Number 800-571-9554 or 910-754-3145 FAX: 877-755-6274
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
08-012-MA 8
ITB #08-412-NIA, Lubbock Public Library Subscription Services
Lubbock Public Library Subscription Services
CITY OF LUBBOCK, TEXAS
ITB #08-012-MA
THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL
BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS,
GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS.
1. INSTRUCTIONS TO BIDDERS
1 BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Lubbock Public Library
Subscription Services per the attached specifications. Sealed bids will be received no later than 3:00 p.m.
(` CST, January 22, 2008, if date/time stamped on or before 3.00 p.m. at the office listed below. Any bid
received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID
�.1 AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER
PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #08-012-MA, Lubbock Public
Library Subscription Services " AND THE BID OPENING DATE AND TIME. BIDDERS MUST
ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE
ENVELOPE OR CONTAINER. Bids must be addressed to:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid
does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid,
we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes
no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in
accordance with the time and receiving point specified.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service.
No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or
telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed
in blue or black ink or by typewriter.
1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be
withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by
bidder guaranteeing authenticity.
1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum.
2 PRE -BID MEETING * DELETED*
3 CLARIFICATION OF REQUIREMENTS
3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's
responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any
combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source.
Such notification must be submitted in writing and must be received by the Purchasing Manager no later than
five (5) business days prior to the bid closing date. A review of such notifications will be made.
3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING
THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE
(5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 13'h Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Q8-012-MA
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ITB #08-012-MA, Lubbock Public Library Subscription Services
RFPDepot: http:/,'www.PFpdetrot.com
4 ADDENDA & MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the
Internet at http:%%www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of
forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS
1 may use computers available at most public libraries.
4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an
interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the
Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written
addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be
available over the Internet at http://www,RFPdel)ot.com and will become part of the proposal package having
i the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be
!� binding. In order to have a request for interpretation considered, the request must be submitted in writing and
must be received by the City of Lubbock.
4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
E, shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a
bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of
the City and any information that may have been read in any news media or seen or heard in any
communication facility regarding this bid should be disregarded in preparing responses.
4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements
prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these
specifications.
5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that
are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid.
Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in
every detail, with all provisions and requirements of the Invitation to Bid.
6 BID SUBMITTAL
6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE
PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT
THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO
SPECIFICATION AND MAY NOT BE FURT IER EVALUATED, The original must be clearly marked
"ORIGINAL" and the copy must be clearly marked "COPY".
6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided.
Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost,
and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall
govern. A bid will be subject to being considered irregular and may be rejected if it shows omissions,
alterations of form conditional alternate bids, additions or alternates in lieu of the items specified, if the unit
prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of
any kind. "THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER.
6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE
INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon
request.
6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be
included in the bid.
6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The
number of calendar days required to place the materials in the City`s receiving point under normal conditions
08.012-MA 10
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must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid
Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will
automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be
disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause
removal from the bid list.
6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be
considered.
6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts,
and other documentation submitted by bidders shall become the property of the City of Lubbock when
received.
6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified,
offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items.
6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE
AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
BID PREPARATION COSTS
7.1 issuance of this ITB does not commit the City of Lubbock, in any way, to pay aM costs incurred in the
preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of
product will be at the expense of the bidder, not the City of Lubbock.
7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to
release such information initially, but please note that the final determination of whether a particular portion of
your bid is in fact a trade secret or commercial or financial information that may be withheld from public
inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a
public information request is received for a portion of your bid that you have marked as being confidential
information, you will be notified of such request and you will be required to justify your legal position in
writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that
it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that
such information is in fact not privileged and confidential under Section 552.110 of the Government Code and
Section 252.049 of the Local Government Code, then such information will be made available to the requester.
8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
LICENSES, PERMITS, TAXES
9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or
may be required to pay.
HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS
10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB,
Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not
be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an
award.
10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more
socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least
5 1 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals.
Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native
Americans, Asian -Pacific Americans, and Asian -Indian Americans.
08.012-MA
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ITB #08-012-MA, Lubbock Public Library Subscription Services
11 CONFLICT OF INTEREST
I L I The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any
employee, official or agent of the City of Lubbock.
11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment,
advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion
concerning this bid.
12 AUTHORIZATION TO BIND SUBMITTER OF BID
12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the
company authorized to bind the submitter to its provisions. Person signing bid must show title or
AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it.
12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder
and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or
corporation executing the same.
t 13 BID AWARD
13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or
services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the
City may consider:
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
f) The impact on the ability of the City to comply with laws and rules relating to contracting with
Historically Underutilized Businesses and non-profit organizations employing persons with disabilities;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -or -
none basis for any item or group of items shown on the Bid Form.
13.3
All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply
with the listed General Conditions may result in disqualification of bid.
13.4
In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any
commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney
General to determine possible Anti -Trust violations.
13.5
Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would
be required to underbid the nonresident bidder in the nonresident bidders' home state.
13.6
Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State
of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder
agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other
applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be
applicable.
13.7
NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER
FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF
THIS INVITATION TO BID.
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13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those
that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability,
reliability and business integrity necessary to perform the requirements of the contract. The City may also
consider references and financial stability in determining a responsible Bidder.
14 EQUAL EMPLOYMENT OPPORTUNITY
14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of
employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964
Civil Rights Act and amendments, except as permitted by said laws.
Pq 15 SPECIFICATIONS
15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive,
and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be
considered unless specifically excluded.
15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog
and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than
specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive
P I literature must be submitted with bid.
15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid, The City of
Lubbock specification committee will be the sole determiner of what constitutes a minor deviation.
15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or
standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand
list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the
l sample(s) not destroyed or used in examinations and testing wil I be returned.
15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's
expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and
address and item number.
15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements
require strict adherence, or are most important, and those that are not, or requiring a lesser degree of
importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination
can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion,
assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and
basis for award. The low bid most closely meeting specifications is usually the bid given the award, although
delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much
good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid,
this is considered non -responsive and therefore may not be considered. PLEASE READ AND RESPOND TO
SPECIFICATION REQUIREMENTS CAREFULLY,
16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
16.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real
property, personal property that is not affixed to real property, or services, if a municipality receives one or
more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose
bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a
resident of the municipality, the municipality may enter into a contract with:
(a) the lowest bidder; or
(b) the bidder whose principal place of business is in the municipality if the governing body of the
+ municipality determines, in writing, that the local bidder offers the municipality the best combination of
contract price and additional economic development opportunities for the municipality created by the
contract award, including the employment of residents of the municipality and increased tax revenues to
the municipality.
16.2 This section does not apply to the purchase of telecommunications services or information services, as those
terms are defined by 47 U.S.C. Section 153.
16.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility.
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17 QUALIFICATIONS OF BIDDERS
17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City
of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to
provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past
history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractors
qualifications.
17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the
ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of
Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to
reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock
that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to
complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall
include:
a) The ability, capacity, skill, and financial resources to perform the work or provide the service required;
b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or
within the time specified, without delay or interference;
c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his
Subcontractor;
f1 d) The quality of performance of previous contracts or services.
18 ANTI -LOBBYING PROVISION
18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS,
INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR
PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF
EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR
PRESENTATIONS, UNLESS REQUESTED BY THE CITY,
18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or
City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract
decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may
result in rejection of the bidder's bid.
19 UTILIZATION OF LOCAL BUSINESS RESOURCES
19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local business community.
L: Bidders are strongly encouraged to explore and implement methods for the utilization of local resources.
20 PROTEST
20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager
within five (5) business days following the opening of bids. This includes all protests relating to advertising of
bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well
as any protest relating to alleged improprieties with the bidding process.
This limitation does not include protests relating to staff recommendations as to award of this bid. Protests
relating to staff recommendations may be directed to the City Manager.
All staff recommendations will be made available for public review prior to consideration by the City Council
as allowed by law.
20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY
PROTEST.
21 BIDDING ITEMS WITH RECYCLED CONTENT
21.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate
bids containing items with recycled content.
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21.2 When submitting bids containing items with recycled content, Bidder shall provide documentation adequate
for the City to verify the recycled content. The City prefers packaging consisting of materials that are
degradable or able to be recycled.
22 CONTRACT TERM
The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval.
The contract may be renewed for additional two year term under the same term and conditions upon written agreement
from both parties. The rates may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for
the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either
the local or national index average rate for all items. if agreement cannot be reached, the contract is terminated at the
end of the current contract period.
Listed quantities are estimates only.
23. TERMINATION OF CONTRACT
This contract shall remain in effect until the expiration date, performance of services ordered, or termination by either
party with a sixty (60) day written notice. Such written notice must state the reason for cancellation. The City of
Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the
best interest of the city.
The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know
of any bid requirement causing you difficulty in responding to our Invitation to Bid We want to facilitate your participation so
that all responsible vendors can compete far the City `s business. Awards should be made approximately two to six weeks after
the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2572.
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II. GENERAL CONDITIONS
**** PLEASE READ CAREFULLY ****
These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall
mean the City of Lubbock.
1Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to
increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall
' be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes
the rights of the City provided herein, ' and further recognizes that the Seller shall have no claims against the City for
anticipated profits for the quantities called for, diminished or deleted.
2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid
invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all
adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet
the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment
or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to
demonstrate such equipment or product meets the foregoing.
3 Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery.
Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable.
Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the
freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box
2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of
the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR
PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD).
THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES.
4 Delivery Delay When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who
shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing
Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not
limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes
the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller,
and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be
made by the Purchasing Office to locate the goods at the same or better price as than originally contracted.
i 5 No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods
manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third
person by way of infringement of the like. The City makes no warranty that the production of goods according to the
specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the
event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the
like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City
does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City harmless.
If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement
or the like, the contract shall be null and void.
6 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it
r is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller,
or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a
contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations
with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this
provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the
cost incurred by Seller in providing such gratuities.
7 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no
higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the
contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this
warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The
City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no
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person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding
for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this
warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to
deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or
contingent fee.
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Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if
{
Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files
bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other
fremedies
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which the City may have in law, equity or hereunder.
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Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each
chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label
on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas
Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right
to Know Law.)
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Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall
be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase
order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole
or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for
goods actually delivered, and/or services actually perforated under and in compliance with the terms of the contract or
purchase order.
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Force Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terns of
provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood.
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Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller
without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and
totally ineffective for all purposes unless made in conformity with this paragraph.
13 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or
renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by
the aggrieved party.
14 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its
advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final
expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement.
Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to
control.
15 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform
Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas
as effective and in force on the date of the contract.
16 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to
perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is
f made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory
jl repudiation of the Contract.
17 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees,
against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may
in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result
therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the
Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense,
appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection
therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own expenses,
satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise
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provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as
herein provided.
18 Nonappro rip ation: All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of
Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination
charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current
year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not
appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior
written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract
beyond the date of termination.
19 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and
failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract.
20 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a
detailed description concerning any point, shall be regarded as meaning that only the best commercial products and
practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the
+` specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new,
l� unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and
workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an
established supplier of the item bid.
21 Environmental Stewardship
The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound
environmental performance by controlling and mitigating the environmental impact of City activities, operations, and
services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to
provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and
suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In
addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate
pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible,
while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors
under their supervision, will:
• minimize waste and pollution generation;
( • conserve natural resources and energy;
'4i�, • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products;
use the highest available post -consumer content materials and products;
• recycle and/or reuse as much as is possible, waste materials; and
• incorporate into project design energy efficient fixtures, appliances and mechanical equipment.
22 The City Right to Audit
At any time during the term of this thereafter the City, or a duly authorized audit representative of the City or the State of
Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all
services provided under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City,
Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the
City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor.
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SUBSCRIPTION SERVICES
rGENERAL CONDITIONS
The Lubbock Public Library, a department of the City of Lubbock, expects to purchase approximately 175 — 300 subscriptions
of magazines, newspaper, journals or other periodical type of publications over the course of the fiscal year. The approximate
amount shall not be considered as binding on the City of Lubbock and the quantity ordered may be less or greater than the said
amount.
A "subscription" will be understood by the bidder and the Library to include separately published indexes, special issues, and
extra issues for which there is no additional charge by the publisher.
All prices quoted shall be firm and fixed for the specified contract period,
{� All discounts and service charges quoted shall be firm and fixed for the specified contract period.
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Prices quoted shall be FOB destination and delivered, as required, to the Lubbock Public Library, 1306 9's Street, Lubbock,
Texas 79401.
Inability of the successful bidder to deliver 95% of the items ordered may result in cancellation of the contract.
Should the successful bidder fail to adequately render the services agreed to under this contract in the manner acceptable to the
City of Lubbock and within the specified time period, the City of Lubbock reserves the right to cancel the contract by giving 30
days written notice.
Bidders are to complete the Bidder Response Form. Bids that fail to supply all information requested may be considered as
nonresponsive bids. The City of Lubbock will award this contract to one bidder only.
CONTRACT TERM AND PRICING
The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The
contract may be renewed for additional two year term under the same term and conditions upon written agreement from both
parties. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the
�( Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the
previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index
average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period.
Listed quantities are estimates only.
TERMINATION OF CONTRACT
This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party
with a sixty (60) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the
right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city.
EVALUATION
The Library anticipates purchasing periodicals and newspapers that are appropriate for urban public libraries. The following
information is required to determine the abilities of the bidder to supply the titles ordered by the Library in the quantities
required. A committee will evaluate the bids. Evaluation will be based on the bidder's responses to:
Responses to the required criteria items. Must be met for the bid to be considered.
Responses to the preferred criteria items.
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A list of periodical and newspaper titles for Lubbock Public Library is attached to this Invitation to Bid. The bidder will indicate
which titles the bidder cannot supply because they must be ordered directly by specific publisher restriction or some other
reason. Bidder will write the number of titles that can be supplied in the space below.
Bids must be based on the publisher's current rates. Any special rates available to libraries must be quoted if they are lower than
normal rates. The prices quoted must include all transportation and delivery charges. The bidder will respond to this request by
submitting a title -by -title price quote in dollars and include a total cost.
Number of titles that can be supplied 171
t Total annual cost of subscriptions $ 15,847.44
Instructions for completing Bidder Response Form
Bidder should mark the "Yes" or "No" spaces after all criteria, when bidder can or cannot meet the specification as described.
Bidder can expand on the answer in the "Comments" space, on separate pages, or cite the page number and paragraph in any
documentation the bidder provides in the bid packet.
Required Criteria
Yes
No
1. Complete the reference form provided. References should be from contracts that have
Yes
approximately 175 — 300 subscriptions annually. At least one public library reference is
required.
2. Provide evidence of the comprehensiveness of the bidder's subscription title file by
submitting a list or catalog of available titles.
Yes
3. Allow additional orders (both additional titles and increased subscriptions) to be placed after
Yes
initial order at no more than the subscription list price with no increased service charge or
penalty.
4. Accept additional orders by phone, fax, electronic transmission, or U.S. mail,
Yes
5. Prepay the publisher if necessary to initiate a new order.
Yes
6. Issue a consolidated invoice or invoices to Lubbock Public Library covering all orders to
Yes
multiple publishers.
7. Ensure that there are no subscription lapses or missing issues due to a change
Yes
in periodical vendors.
8. Accept claims for non -receipt of materials by means of claiming forms, by fax, by telephone
Yes
call from an authorized library representative, or electronically. Bidder will provide claiming
forms and detailed instructions.
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9. Handle both centralized and decentralized claiming by individual branch libraries.
Yes
10, Accept claims for items damaged in shipment to the Library.
Yes
11. Replace, at no charge to the Library, any issues that are lost, mutilated, or otherwise damaged
Yes
prior to delivery to the Library
12. Provide at least two copies of a renewal list, alphabetized by title, with prices, number of
Yes
subscriptions, at least 4 months prior to the common expiration date for review prior to
placing the following year's orders. This renewal list is the obligation of the current year's
successful bidder whether or not it is awarded the contract for the following year.
13. Supply a paper invoice in duplicate of all subscriptions, as soon as possible, following
Yes
notification of bid award.
14. Successful bidder's invoice will include each subscription title with the Library's order
Yes
number, the new price of the subscription, the discounted price, the subscription date, and an
invoice total.
15. Provide a separate invoice for each Library's ship -to address, if so required.
yes
lb. Provide listings on request of the Library's subscriptions arranged by title, showing the
following information: title, subscription period, price, number of subscriptions, library
Yes
agencies, and ISSN.
Preferred Criteria
Yes
No
20. Provide a monthly report listing the status of all claims. The report should contain the
Yes
following information: title, ISSN, subscription period, current status of claim, Library
agency, and claim date.
21. Provide machine-readable records of the Library's subscription titles in USMARC format,
Yes
which the Library can load into its database.
22. Provide a search interface for print and electronic subscriptions contained within the
Yes
Lubbock Public Library's collection.
23. Provide information relating to current electronic capabilities or plans for development.
Yes
Bidders should indicate whether or not they can provide access to and transmission of
electronic bibliographic and order data for periodical titles in the following way:
• make available to the Library on-line access to bibliographic data of periodical titles;
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• receive order data electronically transmitted from the Library's Sirsi Unicorn System;
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• electronically transmit order status data to the Library's Sirsi Unicorn System;
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• receive claim data electronically transmitted from the Library's Sirsi Unicorn System;
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• electronically transmit claim status data to the Library's Sirsi Unicorn System;
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• electronically transmit invoice data to the Library's Sirsi Unicorn System.
❑
08.01 Z_MA
22
F
r
Ir
h
ITB 008-012-MA, Lubbock Public Library Subscription Services
24. Designate a specific individual to be the Library's representative. This individual may be
Yes
contacted at the successful bidder's expense in order to supply information, resolve problems,
or perform normal maintenance on the Library's list. The successful bidder will contact the
Library's Technical Services Manager or a designated person in Technical Services for all
other transactions.
25. Notify the Library at least monthly with information regarding title changes, cessations,
Yes
skipped or delayed issues, or any other information related to the Library's periodicals.
26. Provide evidence that the bidder can provide foreign subscriptions, newspapers, government
Yes
printing office subscriptions, and other difficult to obtain items.
27. Document the history of all activity on any claim when requested to do so by
Yes
the Library.
28. Attempt to cancel any subscription, including titles listed as noncancellable, whenever
Yes
requested to do so by the Library.
29. Report any and all money recovered by a cancellation or a title cessation and either credit the
Yes
refund money to the Library's account or issue a refund check at the Library's discretion.
30. Maintain a "Missing Copy Bank" of at least 1500 different periodical titles. To the extent
Yes
possible, the vendor must provide the service of filling missing claims from the vendor's own
supply of missing copies. A summary of titles and issues maintained in the vendor's
"Missing Copy Bank" must be available at least once a year.
31. Provide an annual report that lists the titles ordered by the Library and which compares the
Yes
prices of these over the past five years.
32. Free Online — Services such as Print Free
Yes
Please describe other services or provide other information about the company that would aid the Library in its evaluation.
Please see the attached narrative response.
08-012-MA
23
I
ITB #08-012-MA, Lubbock Public Library SubscAption Services
Lubbock Public Library Subscription Services
CITY OF LUBBOCK, TEXAS
ITB #08-012-MA
rScoring of bid submissions
I
I
c
E
To determine the overall winner for this bid, the "Best Value" concept will be utilized for awarding this bid. The factors that
are weighed in determining the overall bid winner include under section 13 — Bid Award.
Price — 50 points
Claims procedures — 10 Points
References — 20 Points
• Past Customer Services
• Handling complaints
Compliance with Required Criteria-5 Points
Compliance with Preferred Criteria —15 Points
Each vendor is responsible for submitting all relevant, factual and correct information with their bid. The evaluation committee
will assign a ranking score to each vendor based bid submittal,
08-012-MA 24
City of Lubbock- Public Library Subscription List
PUBLICATION
ISSN # of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price List(s)
Abilene Reporter News
f- tIII N,k
0199-3267 1
11150
�r
196.45
196.45
196.45
Advertising Age
0001-8899 l
1578
149.00
134.10
134.10
Advocate, The
0001-8996 1
34687
44.00
39.60
39.60
Albuquerque Journal (Sunday
utl�)
1526-5137
1
18890
88.00
88.00
88.00
Amarillo Dail News (7 i1:« s �
n/a !
26727
166w00
166.00
166.00
American Girl
1062-7812 1
26237
22.95
20.66
20.66
Animal Fair
1525-3309 1
102072
19.95
17.95
17.95
Antiques
0161-9284 1
81897
39.95
35.96
35.96
Archaeology
0003-8113 1
1820
29.94
26.95
26.95
Architectural Digest
0003-8520 1
1040
42.00
37.80
37.80
Arthur's Frommer's Budget
Travel
1521-5210
1
78137
14.95
13.46
13.46
Atlanta Journal
n/a 1
13403
208.12
208.12
208.12
Atlantic Monthly1051
I072-7825 1
29.95
26.96
26.96
Austin American a esman
ALINN)
0199-8560 1
10091
437.44
437.44
437.44
Auto Week
0192-9674 1
1056
29.95
26.96
26. 9.6
Backpacker
0277-867X 1
1059
29.98
26.98
26.98
Bidders Initial
9W 7-3
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price List(s)
Better Homes & Gardens
0006-0151
2
1066
22.00
19.80
39.60
Billboard
1
2006
299.00
299.00
299.00
Black Enterprise
0006-4165
1
1073
22.00
19.80
19.80
Bookiist
0006-7385
4
1079
99.50
99.50
398.00
Boston Globe t"uoda, olik 1
0743-1791
1
6778
355.28
355.28
355.28
Brownfield News & Terry
County Herald 12 H eel, Is)
n/a
1
66805
60.00
60.00
60.00
Bo 's Life
0006-8608
3
1082
24.00
21.60
64.80
Budget Livia
1541-3675
2
101388
ceased
Business Week
0007-7135
2
1087
60.00
54.00
108.00
Car & Driver
2
1094
22.00
19.80
39.60
Chicago Tribune (Stm.)
n a
1
6524
245.56
245.56
245.56
Christian Century
0009-5281
1
2286
49.00
44.10
44.10
Christian Science Monitor t
i>sucs,'N 1.)
0882-7729
1
2294
219.00w
197.10
197.10
Christianity Today
0009-5753
1
1113
24.95
22.46
22.46
Consumer
mer Reports w/ Buying
0010�-7174
4
1132
26.00
23.40
93.60
[CookingLight
0886-4446
2
7334#
18.00
16.20
32.40
Bidders Initial!
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price List(s)
Cosmopolitan
0010-9541
2
1135
29.97
26.97
53.94
Country Living
0732-2569
2
1138
24.00
21.60
43.20
Cycle World
0011-4286
1
1153
22.00
19.80
19.80
Discover
0274-7529
3
1163
29.95
26.96
80.88
Disney Adventure
1050-2491
1
19180
ceased
Dog World
0012-4893
1
1165
27.97
25.17
25.17
Ebony
0012-9011
4
1172
17.00N'
15.30
61.20
El Paso Times (- 1aN.)
0746-3588
1
21835
311.00
311.00
311.00
Electronic Gaming Monthly
1058-918X
1
87790
25.00
22.50
22.50
Entertainment Week[
1049-0434
3
ESPN
1097-1998
2
66261
29.97
26.97
53.94
Esquire
0194-9535
1
1186
15.94
14.35
14.35
Essence
0014-0880
1
1187
22.00
19.80
19.80
Family Circle
0014-7206
2
1191
19.98
17.98
35.96
Field do Stream
1554-8066
1
1198
11.97
10.77
10.77
Fitness
1060-9237
1
F30964
19.98
17.98
17.98
Bidders Initial,, ,�
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price List(s)
Football Diest
0015-6760
1
1206
discontinue
Mar I egram
itiun•)
0889-0013
1
10087
298.00
298.00
-298.00
Fortune
0015-8259
1
1210
69.95
62.96
62.96
Girls Life
1078-3326
1
34847
19.95
17.95
17.95
Glamour
0017-0747
3
1220
18.00
16.20
48.60
Golf Digest
0017-176X
1
1222
27.94
25.15
25.15
Good Houskee in
0017-209%
2
1224
21.97
19.77
39.54
Gourmet
0017-2553
1
1225
20.00
18.00
18.00
Guideposts
0017-5331
1
3327
16.97
15.27
15.27
Handyman Club of America
n/a
1
105383
12.00
12.00
12.00
H er's
0017-789X
1
1232
21.00
18.90
18.90
Health
1059-938X
2
1234
16.00
14.40
28.80
Highlights For Children
0018-165X
2
1239
34.95
31.46
62.92
Hispanic
0898-3097
3
9231
10.00
9.00
27.00
Home Business Ma azine
1092-4779
2
Home Education Ma azine
0888-4633
1
Horn Book Magazine
1 0018-5078
1
1246
63.00
56.70
56.70
Bidders Initial M'
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price List(s)
Home Cooking2
1071-4782
28196
19.97
17.97
35.94
Horticulture
0018-5329
2
1249
19.95
17.95
35.90
House Beautiful
0018-6422
3
1251
19.97
17.97
53.91
House & Garden
1522-0273
1
48197
discontinue
Houston Chronicle i- +iitN
1074-7109
1
16773
574.00
574.00
574.00
Humanist
0018-7399
1
3756
24.94
22.45
22.45
Humpty Dum 's Magazine
1
ICv2 Guide 1934-3469
1
128411
100.00
90.00
90.00
Inc. Magazine
0162-8968
1
3659
12.00
10.80
10.80
InStyle Magazine
1076-0830
1
33084
30.00
27.00
27.00
Jack and Jill
0021-3829
1
1266
19.95
17.95
17.95
Jet
0021-5996
2
1267
26.00
23.40
46.80
Kids Discover
1054-2868
2
21688
26.95
24.26
48.52
Ki lin ers Personal Finance
1528-9729
2
20753
23.95
21.56
43.12
Ladies Home Journal
0OZ3-7124
2
1285
16.97
15.27
30.54
Latina
1099-890X
3
27895
11.97
10.77
32.31
Bidders Initial 0
Ow F---Ij w F-7 F-1 f" "'"7
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
unit Price
Extended Amount
catalog(s)
Brochure(s)
Price List(s)
Levelland and Hocldey,County
107134
45.00
45.00
45.00
News e Press ; 2 H UN E
n/a
1
Library Journal
0363-0277
4
1289
149.99
149.99
599.96
7906
335.00
335.00
335.00
Los Angeles Times I1,1111(im 1
0458-3035
1
Marie Clarie
1081-8626
1
34932
18.00
16.20
16.20
27255
19.95
17.95
17.95
Marriage
1
Mary Engelbreit's Home
Companion
1096- 289
1
61973
19.95
17.95
17.95
Men's Health
1054-4836
1
9374
24.94
22.45
22.45
Money
0149-4953
3
1317
41.95
37.76
113.28
Mother Jones
0362-8841
1
4800
15.00
13.50
13.50
Motor Trend
0027-2094
2
1324
18.00
16.20
32.40
0047-8318
1326
45.00
40.50
40.50
M5 Magazine
1
1331
90.00
81.00
81.00
The Nation
0027-8378
1
1335
34.00
30.60
61.20
National Geographic
0027--9358
2
Bidders Initial t""
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price List(s)
National Geographic Adventure
1523-6226
1
81890
14.97
13.47
13.47
National Geographic Kids
1 2_ 042
2
1336
19.95
17.95
35.90
National Review
—00 8
2
1338
59.00
53.10
106.20
Natural Health
1067-9588
1
23555
26.00
23.40
23.40
Natural History
1
New Man
1077-3959
1
100374
discontinued
New Republic
0028-6583
1
1347
79.97
71.97
71.97
New York Times Book Review
t7 d.,%s; newsi3aper
0362-4331
1
3125
826.40
826.40
826.40
New York Times Book Review
tti►"kk �
0028-7806
1
1352
c/w the New
ork Times sunlay
edition
New Yorker
0028-792X
1
1353
52.00
46.80
46.80
Newsweek
0028-9604
3
1355
42.00
37.80
113.40
Nickelodeon
1073-7510
1
30102
19.97
17.97
17.97
O - The O rah Ma azine
1531-3247
3
89342 w
28.00
25.20"'
75.60
Bidders Initial _
City of Lubbock -Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price List(s)
Oklahomans^, ,ho%s)
n/a
1
28357
255.70
255.70
255.70
OG *Formerly Organic
Gardening
1536-108X
1
1368
23.94
21.55
21.55
Outdoor Life
0030-7076
3
1369
11.97
10.77
32.31
Oxygen!
1056--2613
1
99978
ceased
Parenting
0890-247X
2
4681
21.97
19.77
39.54
Parents
1083-6373
2
1373
15.98
14.38
28.76
PC Garber
1080-4471
1
28982
29.95
26.96
26.9,E
PC Magazine
0888-8507
1
87458
45.00
40.50
40.50
People (S anish)
1096-5750
1
50831
19.97
17.97
17.97
Peo le Weekl
0093-7673
4
1379 *'
116.07
104.46
417.84
Phi Delta Ka an
0031-7217
1
1383
70.00
63.00
63.00
Plainview Daily Herald
n/a
1
3842
115.00
115. 00
115.00
Popular Mechanics
0032-4558
2
1388
1 21.97
19.77
39.54
Popular Photography
11-24.00
21.60
1: 0
Bidders Initial lj
= , 7-3 1-1
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price List(s)
Popular Science
0161-7370
2
1390
19.97
17.97
35.94
Premiere
0894-9263
1
4918
ceased
Preschool Playroom
n/a
1
102214
24.97
22.47
22.47
Prevention
0032-8006
3
1392
21.97
19.77
59.31
Psychology Today
0033-3107
1
1396
18.00
16.20
16.20
Publisher's Weekly
0000-0019
1
5038
239.99
215.99
215.99
Ranger Rick
0738-6656
2
1399
19.95
17.95
35.90
Reader's Digest
0034-0375
4
17453
24.98
22.48
89.92
Real Sim le
1528-1701
2
86571
28.95
26.06
52.12
Redbook
0034-2106
1
1403
18.00
16.20
16.20
Relix Magazine
0146-3489
1
59326
24.95
22.46
22.46
Road & Track
0035-7189
1
1405
22.00
19.80
19.80
Rollinz Stone
0035-791X
2
1408
25.94
23.35
46.70
Bidders Initial r4"
C 1 = 17-1 C"11 :"-I cool
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochures
Price List(s)
Runner's World
0897-1706
2
1411
24.00
21.60
43.20
Saint Louis Post Dispatch
n/a
1
703501
148.32
148.32
148.32
San Francisco Chronicle thud.)
n/a
1
33242
223.20
223.20
223.20
Santa Fe New Mexican (7
(hNs)
1938-4068
1
85698
270.00
270.00
270.00
School Library Journal
0362-8930
1
1417
129.99
129.99
129.99
Scif
0149-0699
1
5256
17.97
16.17
16.17
Seventeen
0037-301X
4
1434
19.95
17.95
71.80
Shape Magazine
0744-5121
1
1435
24.00
21.60
21.60
Skeptic
1063-9330
1
48249
30.00
27.00
27.00
Sky & Telescope
0037-6604
l
1440
42.95
38.66
38.66
Slam
1072-625X
1
42220
19.97
17.97
17.97
Slatonite l ks evkh i
n/a
1
107136
20.00
20.00
20.00
Smart Computing
1093-4170
3
1$274
T
29.00
26.10
78.30
Bidders Initial_
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
## of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price List(s)
Smithsonian
0037--7333
1
1441
36.00
32.40
32.40
Southern Living
0038-4305
1
1447
19.95
17.95
17.95
St)ortina News
0038-805X
1
1452
39.00
35.10
35.10
Sports Illustrated
0038-822X
4
1454
88.95
80.06
320.24
Sports Illustrated For Kids
1042-394X
4
9571
31.95
28.76
115.04
Sports Weekly
0747-3125
1
102681
44.95
40.46
40.46
Sunset
0039-5404
1
5781
16.95
15.26
15.26
ICv2Guide
1934-3469
1
128411
100.00
90.00
90.00
Teen Vogue
1540-2215
1
100837
15.00
13.50
13.50
Texas Highways
0040-4349
2
1474
19.95
17.95
35.90
Texas Month]
0148--7736
4
1475
12.00
10.80
W
43.20
Texas Parks & Wildlife
Magazine
0040-4586
I
w
1476
17.95
16.16
16.16
Time Magazine
0040-781X
4
1480
76.13
68.52
274.08
Bidders Initial ,,,�
1=1 W-7 owl =4 €r'.� C--") I-
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochures
Price List(s)
Times - Picayune (New
Orleans) (sun. i
1055-3053
1
17735
286.00
286.00
286.00
Toda 's Christian Woman
0163-•1799
1
5564
17.95
16.16
16.16
Town & Country
0040-9952
1
5593
28.00
25.20
25.20
Traditional Home
0883-4660
1
12787
24.00
21.60
21.60
This Old House
1086-2633
1
41319
24.95
22.46
22.46
True West
0041-3615
1
5649
29.95
26.96
26.96
USA Today a5(1.1
0734-7456
3
1490
174.00
156.60
469.80
U.S, News & World Report
0041-5537
4
1488
49.75
w
44.78
179.12
Vanity Fair
0733-8899
1
5867
24.00
21.60
21.60
Vogue
0042-8000
1
1497
29.95
26.96
26.96
Voice of Youth Advocates
0160-4201
1
1499
55.00
49.50
49.50
Wall Street Journal (5 ila.+)
0921-9986
3
5941
259.00
259.00
777.00
thN s)IVIM-M
Washington post (6V5L
0190-8286
1
7726
571.60
571.60
571.60
U11
East Affairs
4
2077400
------
T 6.10
104.40
Bidders Initial
City of Lubbock - Public Library Subscription List
PUBLICATION
ISSN
# of Issues
Discount Percenta a Off
Unit Price
Extended Amount
Catalog(s)
Brochure(s)
Price Lists
Washington Times (7 th%)
0732-8494
1
5955
184.00
184.00
184.00
Wired Magazine
1059-1028
1
28564
24.00
21.60
21.60
Woman's Day
0043-7336
2
1508
18.00
16.20
32.40
Writer's Digest
0043--9525
1
1522
19.96
17.96
17.96
Total Cost
15,847.44
Bidders Initial