Loading...
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 I 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. 08-01 2-MA 28 1 U I I 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 29 f I I I I F G c 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 6 I F r I I I I I G I i G Eki j 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 1 I 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 F r L 10 IT8 #08-012-MA, Lubbock Public Library Subscription Services 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 11 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. 08--012-MA 12 ITS #08-012-MA, Lubbock Public Library Subscription Services 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. os-on-MA 13 ITO #08-012-MA, Lubbock Public Library Subscription Services 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. 08-012-AA 14 I I I r. 1 I G 0 I 0 L. L ITB 008-012-MA, Lubbock Public Library Subscription Services 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. 08-012-Ma 15 ITB p08-012-MA, Lubbock Public Library Subscription Services 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 08-012•MA 16 ITB #08-012-MA, Lubbock Public Library Subscription Services 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. 1 8 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 ' which the City may have in law, equity or hereunder. 9 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.) r ' 10 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. 11 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. 12 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 08-012-MA 17 r ITB #08-012-MA, Lubbock Public Library Subscription Services 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. 08-012-MA 18 I ITB 00a-01244A, Lubbock Public Library Subscription Services 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. Ir 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. os-a, 2-MA 20 ITB 908-012-MA, Lubbock Public Library Subscription Services 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. 08-012-MA 21 I I E I I C I u G fl E I I ITB #08-012-MA, Lubbock Public Library Subscription Services 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; XX ❑ • receive order data electronically transmitted from the Library's Sirsi Unicorn System; )M ❑ • electronically transmit order status data to the Library's Sirsi Unicorn System; AR ❑ • receive claim data electronically transmitted from the Library's Sirsi Unicorn System; }R ❑ • electronically transmit claim status data to the Library's Sirsi Unicorn System; ❑ • 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