HomeMy WebLinkAboutResolution - 2007-R0110 - Contract - Baker Office Products - Office Supplies - 03_22_2007Resolution No. 2007-RO110
March 22, 2007
Item 5.24
RESOLUTION
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and Baker Office Products of Lubbock, Texas, as primary contractor for office supplies
for the City of Lubbock, ITB 07-001-MA, which Contract and any associated documents,
are attached hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 22od day of March --,2007.
DAVID A. ILLER, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilma
Director of Purchasing and Contract Management
APPROVED AS -TO FORM:
y
Don Vandiver, ttorney of Counsel
DDres/Bakes-OMceProd uc[sNConRes
March 12, 2007
Resolution No. 2007-Rollo
Office of
Purchasing
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 - Fax (806) 775-2164
March 12, 2007
Baker Office Products
Attn: Brian McPeak
PO Box 1920
Lubbock, TX 79408
RE: ITB #07-001-MA - OFFICE SUPPLIES - ANNUAL PRICING
Dear Mr. McPeak:
BAKER OFFICE PRODUCTS has been awarded the items noted below for Office Supplies
- Annual Pricing Primary Contractor based on your response to the City of Lubbock Invitation to
ITB #07-001-MA.
1. A Purchase Order will be issued by the City of Lubbock and covers the category of
items shown below, and no other, during the period beginning April 2, 2007. The
City of Lubbock shall not be responsible for payment of any invoices except those
orders placed pursuant to this agreement.
2. Category of Items: SEE ATTACHED
3. BAKER OFFICE PRODUCTS' bid dated February 22, 2007, is incorporated into and
made a part of this agreement.
4. Prices: As quoted.
5. All invoices shall be directed to:
Accounting Department
City of Lubbock
PO Box 2000
Lubbock, Texas 79457
The City of Lubbock reserves the right to enforce the performance of this contract
in any manner prescribed by law of deemed to be in the best interest of the City of
Lubbock in the event of breach or default of this agreement. The City of Lubbock
reserves the right to terminate this agreement with a thirty (30) day written notice
in the event BAKER OFFICE PRODUCTS fails to perform in accordance with their
bid dated February 22, 2007.
CITY OF LUBBOCK:
David A. Mill r
Mayor
APPROVED AS TO CONTENT:
Q�
Victor Kilman, tirector of Purchasing
And Contract ganagement
APPROVED AS T9-4QRM:
:/WIMAJdon
M. Bid Folder
Vendor File
ATTEST:
'�
Reb ca Garza
City Secretary
Resolution No. 2007-RO11O
iTl3 #Q7M1-MA, Office Supplies - Annual Pda g
SUBMIT TO:
,
CITY OF LUBBOCK
CITY OF LUBBOCK, TEXAS
Purchasing & Contract Management
/
1y
1625 13"' Street, Rm 204
1
.
Lubbock Tx74401-3830414
EQUAL
INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Marta Alvarez
EMPLOYER
�R�
#07-001 —MA
TEL: 906.7752167
FAX: 806.7752164
http://purchasing.ci.l ubbock-tx_us
TTTLE: Office Supplies - Annual Pricing
SUBMITTAL DEADLINE:
February 22, 2007, 2:00 p.m. CST
PRE BID DATE, TIME AND LOCATION: DELETED
Any bids rrcnwdajtardre hm aitd date fisted oboe, rWdsas of dremode of
detiverR .shall be reOaned wwponed
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE
Brian Mc P e ak
CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
MAILING ADDRESS:
IF RETURNING AS A "NO BID'; PLEASE COMPLETE AND RETURN THE
P.O. Box 1920
"STATEMENT OF NO BID".
CITY — STATE — ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
Lubbock,. Texas 79408
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:
SO6-763-250D
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:
806-747-1600
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY
TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY
E-MAIL:
mcpeak@bakerofficeproducts.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
7 5 - 2 6 4 717 3
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 fum? YES X NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING F—XAIkIINED 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
AUTHORJZED TO BIND TILE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID
REJECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person
submitting an offer for the same materials, supplies, equipment, or service(s), 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 trmsfer 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(n) or eamce (s)
purchased or aired by the�City of Lubbock. At ih rty's ' crctioa such assignment shall be made and become effective at the time the City [enders float
payment c eno �Y/ / g
General Manager
A d Nature fit Title
Brian McPeak February 22, 2007
PrintlTrpe Name Date
THIS FORM MUST BE COMPLETED FIND RETUP—NED WITH YOUR RESPONSE.
07-00t -MA.doe: 1 COPY
tTB i*7-001 Mq Office Supplies - Annual Pncing
BID FORM
Office Supplies - Annual Pricing
CITY OF LUBBOCK, TEXAS
FIB #07-001-MA
In compliance with the Invitation to Bid #07-001-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 Imitation to Bid 907-001-MA is by reference incorporated in
this contract. '.Fhe Bid Form must be completed in blue or black ink or by typewriter.
Marie -Up Percentage
to be added to the
USSCO Net Pricer
NET PRICE END
ITEM
DESCRIPTION
COLUMN
1.
THE SELLING PRICE DURING THE TERM OF THE CONTRACT SHALL BE F.O.B. CITY
OF LUBBOCK AND SHALL BE DETERMINED OR CALCULATED BY TAKING THE
NET PRICE END COLLTNLN FROM THE UNITED STATIONER'S (USSCO)
QUARTERLY NET PRICER CATALOG AT THE TIME OF ORDER AND ADDING THE
BIDDER'S "MARK UP" PERCENTAGE TO THAT FIGURE. The selling price shall never
1.0 %
exceed USSCO's general line retail catalog List/Retail price. The successful bidder shall provide
to the City a current USSCO quarterly Net Pricer Catalog. Purchases made from this arntract
shall include all commodities/imaging supplies and copy paper available in the most recent
United Stationer's general line retail catalog. Bidders are to include the current USSCO quarterly
net pricer catalm with their bid package -
'PRICE: F.O.B_ Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO)
PAYDrEM TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 %, net _ calendar days.
Discounts will not be considered in determining low bid Unless otherwise indicated on the Bid Form, payment terns 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 Iower 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 efective_
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 interlocal 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 entitles that might have interests in this contract are Frenship Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
07 -001 -NA. dor 2
ITB 007-001-MA Ofiae Supplies - Anr=1 Pricing
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Municipal Power Agency, Lynn County, and City of Wolfforth_
YES X NO
• If you (the bidder) checked YES, the following will apply:
• 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 materialstservice as needed.
THIS BID ISSUBU=DBy Baker Office Products acorp oration organized underthe
laws of the State of - , or a partnership consisting of
Baker Office Products West Texas Inc.,
CerLerat Partner
or an individual trading as of the City of
Baker Office Products
Address: 1301 13th Street
City: Lubbock
MlWBE
Firm:
By
State: TX Zip I Q L 0 1
Woman
Black American
Native American
Hispanic American
Asian Pacific
American
Other (Specify)
`{" Authorized Representative
-mus
tby hand
Officer Name and Title: /L IA-N � " —. r
Please Print
Business Telephone Number 806-763-2500
FOR CM USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
2/22/07
FAX: 806-747-1600
Date of Award by City Council (for bids aver .S.2S,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.
07-001-MA.doe
��cc.� % _r
fTB M-1-001-MA Office Supplies - Anmol PnOng
Office Supplies - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB ##07-001-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
I. INSTRUCTIONS TO BIDDERS
BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Office Supplies - Annual
Pricing per the attached specifications. Sealed bids will be received no later than 2:00 p-m. CST,
February 22, 2007, if date/time stamped on or before 2:00 pm. at the office listed below. Any bid
received after the date and hour specified will be rejected and returned unopened to the bidder. EACH
RID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR
CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER- "ITB 007-001-
MA, Office Supplies - Annual Pricing " 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 anv lanw=e, requirements,
etc.. or anv 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_
07-001-MA.dm
ITB i DTM-MA4 Ofte Supplies - Anrual Pricing
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' Street
Lubbock, Texas 74401
Fax. (806)775-2164
RFPDepot: --
ADDENDA & MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENND.1 information available over
the Internet at We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BC'SL-MESSES V�ITHOU
INTERNET ACCESS may use computers available at most
4.2 Arty 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 i , is _ i i „ , , {, and will become part of the
proposal package having 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 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 seem 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
6A 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 FURTHER 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
07-001-Mkdoc 5
ITB #07-001-MA Office Supplies - Annual Pricvig
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 vywranties 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.S. delivered and include all delivery and package costs.
The number of calendar days required to place the materials in the City's receiving point under normal
conditions 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.
6.9 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 anyway, to pay any 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.
8 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
07-001-MA.dm
ffB #07-=-MA, Office Supptes - Annwl Pricing
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.
10 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
1TB, 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 51 % 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.
11 CONFLICT OF INTEREST
11.1 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 SUBNITCTER 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.
13 BID AWARD
13.1 The contract may be awarded 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 (Mark -Up Percentage to be added to the USSCO Net Pricer) 40%;
b) Ease of on-line ordering 15%;
c) Ease of return process 15%;
d) Reporting capabilities and reports 15%; and
e) The bidder's past relationship with the City and /or the bidder's references 15%.
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 The purpose of this Invitation to Bid (ITB) is to establish an annual office supply contract with a primary and
secondary supplier of office supplies (contractors) that will supply City department's limited desk top and
office consumable needs with a next business day on -site delivery to requesting offices located within the city
limits of Lubbock, Texas.
13.4 The contract shall be for a term of three (3) years, said date of term beginning upon City Council date
of formal approval. The City and the contractor may, upon written mutual consent, extend the contract
for one additional year.
07-001-MA.do[
rrB #07-001-MA, Office Supplies - Annual Pricing
13.5 This contract shall remain in effect until the expiration date, performance of services ordered, or
termination of either party with a sixty (60) day written notice by either party prior to any cancellation.
Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to
award the canceled contract to the nest lowest responsible bidder or to the bidder who provides goods or
services at the best value for the City of Lubbock.
13.6 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.
13.7 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.
13.8 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.
13.9 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.
13.10 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.
13.11 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 OPPORTUNTrY
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 V1I of
1964 Civil Rights Act and amendments, except as permitted by said laws.
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 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 sample(s) not destroyed or used in examinations and testing will 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
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ITB go7-001-MPS Office Supplies - Anrnel iPnOing
degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such
determination can and will he 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:
(1) the lowest bidder; or
(2) 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.
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 Subcontractor's 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 he 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,
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.
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ITB 007-001-MA Office Supplies - Annual Pricing
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. 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 WI"IHN THE TIME ALLOTTED SHALL CONSTIT£JTB 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
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.
The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let as
know of any bid requirement causing you difficulty in responding to our Invitation to Bid 9e want to facilitate your
participation so that all responsible vendors can compete for the City's business. Awards should be made approximately
two to six weeks after the opening date, Ifyou have any questions, please contact the City of Lubbock Purchasing.,tfanager
at (806) 775-2165.
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IT® #07-001-MA, Of .ce Suppries - Annual Pricing
IT. 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.
Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release aver 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 terns 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 VISA PURCHASING
CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR
SURCHARGES.
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.
No Warranter 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 Seiler, cancel the contract or purchase order without liability to
Seller if it is deternined 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
07-001-M4. W 11
ITB #07-001-MA, Office Supplies - Annual Pricing
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 warrarits that no 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 tide 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.
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
remedies which the City may have in law, equity or hereunder.
9 Material Safetv 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. (Phis Act is corollary to OSHA Standard 29 CRF 1910.1200, which is
generally known as the Right to Know Law.)
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 performed under and in compliance with
the terms of the contract or purchase order.
l 1 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms
of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood.
12 Assil?mnent-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 shalt 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 contracL
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 made and no assurance is given within five (5) days, the demanding party may treat this failure as an
anticipatory 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
07-001-MA.doc 12
rrB #107-M -MA, Office &430ies - Annual Pricing
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 provided by Seller, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City as herein provided
1 S nnappropriation: All fiords 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, wiichever 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, 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;
• 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.
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ITB C7-001-MA Office Supplies - Anruai Pricing
MINIMUM SPECIFICATIONS
FOR
ITB #07-001-MA — OFFICE SUPPLIES —ANNUAL PRICING
PURPOSE: The purpose of this Invitation to Bid (11B) is to establish an annual office supply contract with a primary and
secondary contractor that will supply City department's limited desk top and office consurnable needs with a neat business day
on site delivery to requesting offices located within the city limits of Lubbock, Texas. The purchases made from this contract will
include all commodities listed in the most recent UNFMD STATIONERS general line retail catalog.
CONTRACT TERM: The contract shall be for a term of three (3) years, said date of term beginning upon City
Council date of formal approval. The City and the contractor may, upon written mutual consent, extend the contract for
one additional year eontingeni upon satisfactory performance evaluations by the City of Lubbock -
ON -LINE ORDERING — Providing access to on-line ordering is a base requirement of this contract. City employees
using City of Lubbock purchasing cards will make on-line purchases. Ther>r are approximately 400 purchasing cardholders
that have the potential of ordering from this contract. However, only a very small number of cardholders will be doing the
majority of the ordering. The website must allow the purchaser to enter a user name and password with their individual
purchasing card number. The purchaser should then be able to access the site and place orders without being required to
re-enter the purchasing card number each time. In addition to the web based / purchasing card orders the successful bidder
must also be able to accept orders for payment on either a weekly or monthly billing statement basis. No charges can be
posted to the purchasing card until the item is delivered.
Please describe the security and registration process of electronic ordering system:
Please see attached
Please describe capability of loading department account information for direct order of electronic ordering system to
include purchasing card number:
Please see attached
Does your system allow for restrictions on product available to purchase?
X Yes No
DELIVERY: The successful bidder shall assign an Account Representative to service the City's account. The City must
have the capability to place orders either to the contractor's Internet On -Line Ordering System or as a Walk -In customer
at the bidder's Lubbock retail location. While the principal function of the contract is to be online ordering and on site
delivery, the local retail store is an integral part of the contract. There will be a minimal number of occasions when a
routine item is needed on an emergency basis. We realize that not all items %NU be stocked locally and will need to be
ordered and then delivered the next day. However, the local retail store must have enough stock on hand of the most
common items to take care of these emergencies. The City reserves the right to purchase these emergency items from
another supplier if the contract supplier does not have the item in stock locally. Prices charged locally must match the on-
line contract prices in all cases. The local establishment may also be called on to take part in the return process. All orders
placed on-line or taxed in by 3.00 PM should be delivered the following dam Nmety-five (95) percent of items delivered to
City departments will be delivered to the requester's on site within one (1) business day after receipt of order (ARO). The City
has approximately 42 locations "Exhibit A". In the event the primary or secondary contractor cannot supply an item
within 24 hours, the contractor shall give immediate notice to the Buyer, or his designee, and the City may either accept the
07-001-MA.doc 14
Security and Registration Process for Baker Office Products' On-line
Ordering System. Minimum Specifications, page 14.
Protecting your privacy and information online is extremely important to Baker Office Products.
We are constantly evaluating our security technologies to ensure we are taking reasonable steps
to protect your personal information. As a result, the Baker Office Products e-commerce system
provides reliable SSL submission of ID and password to anyone with an SSL-enabled browser.
Baker Office Products' on-line e-commerce system runs on a secured server utilizing VeriSign
Class 3 Secure Server CA. Your ID and password are secure via SSL (Secure Sockets Layer)
encryption, which means that your personal information is secure every time you sign in.
Baker Office Products' registration process is done via the telephone. Baker's MIS Department
receives the information from the card holder (name, department number(s), procurement card
number, delivery address, etc.) and then loads the information for each card -holder into our
secured e-commerce and backend system, attaching this information to the appropriate
departments/accounts instead o the card -holder entering the information on the front-end or
website store front.
We know that allowing a card -holder to register on-line would be secure with
our e-commerce system. However, we feel this process (Baker loading the info
for each card -holder) offers an extra blanket of security to the City of Lubbock
than does an automated front-end registration process, thereby reducing the
possibility of outside security breaches (ie. phishing).
Further security measures are taken when we set up an end -user to allow access to Baker Office
Products' e-commerce system. The City's end -user profile is set up so that the end -user cannot
change the delivexyaddress for each cost center/department they have authorization to order for.
Orders will be delivered to only the end -user's cost center/department - not to any other address
not previously specified by the Purchasing Department. If another location is opened up, please
contact Baker so the new delivery location can be added.
Please describe Baker Office Products' capability of loading department account
information for direct order of electronic ordering system to include purchasing card
number. Minimum Specifications page 14.
Baker Office Products' MIS Department loads the department/account information for each end -
user, The card holder does not have to re-enter their procurement card information each time
he/she logs in. The procurement card -holder can order immediately upon logging onto the Baker
website.
Each time the card -holder needs to place an on-line order, the information follows the order to
the time of check out. In the "check out" screen, the card -holder's type of procurement card, the
first 6 numbers on the procurement card (example: 1234 56XX XXXX XX X), and the card's
expiration date appear on the screen.
Another reason Baker enters the card -holder's information in the backend system is because
there are a number of card -holders who need to order for more than one department. This allows
the end -user to cross -order, accurately charging the correct end -user's procurement card and the
correct department/account.
This process also allows the card -holder to walk in to Baker Office Products and place an order
with their procurement card; their procurement card information is already stored for easy order,
We do request proof of ID so that we may compare the name on the ID to the name on the City
procurement card.
rFB #074001-MA, Office Supplies - AnnWJ Pricing
delivery promise or obtain the item from another source. The Buyer or authorized representative shall sign the invoice for
receipt of merchandise.
Copy Paper Delivery: The successful contractor(s) must deliver paper to desktop of purchaser at no additional
charge.
Imaging supplies: The successful contractor(s) must have a recycling program in place for expended cartridges
to include, but not limited to recycling bins, pre-printed return labels, pick-up of expended cartridges at no additional
charge.
Please describe your imaging supplies recycling program to include the handling of the expended cartridges.
Please see attached
The contractor shall separate orders into separate packages for different City departments as indicated on the order and
deliver to each department address as requested on the order.
Failure to meet these delivery requirements may result in cancellation of the contract. Exception: Official City of Lubbock
holidays "Exhibit W.
SUBSTITUTIONS: The contractor may substitute items that are equal or superior in quality to the requested item, upon
obtaining authorization to do so, from the requester.
Unauthorized substitutions will not be permitted_ Failure to meet this specification may result in cancellation of the contract by
the City.
MINIIKUM ORDER The minimum order shall be twenty-fne dollars ($25.00) and shall be delivered without shipping
charges.
BACKORDERS: Only in rare instances should the contractor have to backorder office supplies. Any remaining order
balance must be delivered within five (5) calendar days thereafter, except for items discontinued by the manufacturer or
distributor supplying the contractor_ When the contractor does have to backorder an item, proper notification should be
made to the person placing the order and noted on the invoice with the estimated delivery time. If the delivery time is
unacceptable to the person placing the order, an alternative item may be requested or the City may purchase the item from
another source.
RETURN POLICY: All items returned must be in their original packages- All items must be rehuned within twenty days
from reccipt. Alt returned items must be in a salable condition. Exception: Any damage that occurs during the shipping of
the items must be marked on the receiving document or reported in writing within two (2) working days to the contractor. It
will be the contractor's responsibility to notify the Freight Company.
Contractor will pay for the return freight and credit any payment made when return is due to contractor error or delivery of
defective items. The receiving office will be responsible for the return freight and the freight of the replacement items when
the return is due to an ordering error, such as an incorrect item ordered, item no longer needed, or an over order of the item.
RETURN PROCEDURE: The ordering office will call the contractor and explain the situation. For defective items or items
shipped in error, the contractor will issue a call -tag to pick up the items. The items must be ready for pick-up in their original
packaging. A copy of the purchase order on which the items were originally ordered must be sent with the package. This is
important so that proper credit can be issued. The correct items will be shipped or full credit will be given upon receipt and
inspection of the goods. Credit memos will be issued twice a month.
07-001-had. doc 15
Please describe your imaging supplies recycling program to include the
handling of the expended cartridges. Page 15
Baker Office Products will provide a recycling program for the City of Lubbock and all its
departments' offices that we feel is a true "Go Green for a Good Cause" program_ By choosing
Baker Office Products' recycling program, each City of Lubbock department/office will not only
help reduce the impact on Lubbock County's land fills, but will also help somebody in need. The
recycling organization makes a donation to cancer research upon receipt of your used cartridges.
Baker Office Products will supply all City of Lubbock departments with PREPAID/PRE-
LABELLED cartridge collection/shipping boxes.
Once the container is requested and received from Baker Office Products, place the empty laser,
fax or inkjet cartridges back into their original boxes and then into Baker' recycling container.
Seal the recycling container once it's full. Give the container to a UPS driver or drop off at a
UPS return center. We repeat: Each container includes a PRE-PAID/PRE-LABELLED UPS
return shipping label. Pallet pickup is also available.
It's this easy:
1. Contact Baker Office Products via Phone, Fax or E-mail. (resp. 763-2500, 747-1600,
www.bakerop.com/lubbock)
2. Request a container(s).
3. Fill box(s).
4. UPS picks up and ships container(s).
5. A donation will be made to cancer research by the recycling organization.
FS 907-0a1-MA Office Si.pol m - Anmol Pricing
In case of return of items due to error on the part of the ordering office, the ordering office will return ship along with a copy of
the purchase order and also pay for the freight for the replacements.
ORDERING METHODS: Orders placed by the City may take any of the following forms:
• purchase orders,
• City Procur vent Card;
• Blanket Purchase Order,
PRICING_ TIIE SELLING PRICE SHALL BE F.O.B. CITY OF LUBBOCK AND SHALL BE DETERMIINED OR
CALCULATED BY TAKING THE NET PRICE END COLUMN FROM THE MOST RECENT UNITED STATIONERS
(USSCO) QUARTERLY NET PRICER CATALOG AT THE TM E OF ORDER AND ADDING THE BIDDER'S "MARK
UP" PERCENTAGE TO THAT IqGTJRE. The selling price shall never exceed USSCO's general line retail catalog LisWeW
price. The successful bidder shall provide to the City a current USSCO quarterly Net Pricer Catalog- Purchases made f om this
contract shall include all commodities available in the most recent UNITED STATIONERS general line retail catalog.
All prices shall include on site delivery to purchaser.
INVOICING: Contractor should supply two (2) copies of the packing slip with the office supplies at the time of delivery.
Packing slip must indicate the unit price and department account number given to the contractor at the time of order. This
method will help us in billing out the supplies to different departments. The contractor must bill the City of Lubbock once
a month on a date mutually agreed upon.
Payment will be made monthly on a date that is convenient to both the contractor and the City of Lubbock. Unless
otherwise noted by the bidder, terms shall be Net 30.
EXCEPTIONS TO THE CONTRACT: Not all items cataloged by the successful bidders will be purchased under the ensuing
contract Some office supply equWment or furniture purchases will be made from other sources as allowed by law or regulation,
for example, purchases from state contract vendors, Texas Industries for the Blind and Handicapped 9113H) or Texas
Correctional Industries (TCI). Office machines costing over one hundred dollars ($100) will excluded from this contract -
Also, catalog items considered decorative, personal, unnecessary or more costly than necessary to meet a legitimate City
department need, will not be purchased
"The City of Lubbock also reserves the right to order office supplies from other sources as may be appropriate in conducting
normal business. However, this provision shall not be used to circumvent the intent of the contract
PURCHASING PATTERNS: Most but not all items ordered pursuant to this TTB, would be consumable office supplies and
relatively inexpensive desk or office accessories -
ESTIMATED QUANTITIES: It is estimated that the City of Lubbock will expend in excess of $500,000 under any umtract
resulting from this ITB.. Purchasers made from this contract shall include all commodities available in the most recent UNITED
STATIONERS general line retail catalog.
PAPER CATALOGS: The successful bidder must distribute to each City Department sufficient USSCO catalogs, at no
charge, to (approximately 75 catalogs).
Additional catalogs must be provided by the contractor as ordered by the departments, at no charge for initial, revised, or
ruplacement catalogs.
The contractor will also provide one hard copy of updated UNITED STATIONERS NET PRICER CATALOG (USSCO) to the
City of Lubbock Purchasing Manager each quarter for the duration of the contract_
ELECTRONIC CATALOGS:
07-001-MA.doc 16
IT6 007-001-MA, QKce Supplies - Mrnal Pricing
The contractor will provide a customized electronic Internet Website catalog that will:
• make items available in the current general line retail catalogs published by United Stationers- The City and the
contractor will mutually agree upon the final item categories.
• be readily available cm the Internet
• provide a user -Friendly, easy ordering program, with a quick reference capability that ~rill locate desired items by
description, catalog #, manufacturer, or other quick reference methods.
The Website shall be updated quarterly with current contract prices on all items available under this contract
07-001-Ma.doc 17
713 f07-001-MA, Office Supplies -Annual Pricing
CUSTOMER SERVICE REQUIREMENTS:
The contractor must provide:
• a designated person(s) who administers this contract locally
• a four hour response time to any customer inquiries
• an eight hour response time for any deficiencies that may result from the operation of the Internet Website electronic catalog
• a local phone number for customer inquiries regarding order status and a help line for customers trying to crake requests
from the electronic catalog
• ability to handle large office supply accounts as well as personal service given to such accounts
PRODUCT DEMONSTRATION and ON SITE VISIT: A product (electronic catalog) demonstration and local on site visit
may be required prior to final award of this contract
REFERENCES. All submittals for this ITB must include three (3) references of customers who are currently using this or a
similar purchasing method of like cammoditics.
RECORD KEEPING AND REPORTS - The successful bidder must keep accurate records of all ordered items and will
provide this information sorted both by ordering department and by aggregate total to the Purchasing Department promptly
upon request The contractor must provide a monthly summary report by the 5d' working day of the following month, to the
City of Lubbock Purchasing Manager by U.S. mail and elevtmnic format to - ::'- =il ' This report should
include but not be limited to the following: overall contractor performance, delivery statistics (next day, 2-3 day, back orders,
and other), sales volume, and an itemized list of items sold to each City departmerrt. An aggregate report must be provided
quarterly and at the end of each year. These will be provided in both in printed form and electronically in Excel a
spreadsheet PLEASE SUBMIT SAMPLES OF YOUR STANDARD REPORTS WITH YOUR BID.
TRAINING - The successful bidder must provide initial training to all ordering departments and entities related to the use
of the web page, for successful order placement and order follow up. There will be additional training scheduled by the end
users on an as needed basis through out the entire term of the contract.
Please describe training process for online system:
Please see attached
07-001-m&doc 18
TRAINING
Please describe training process for on-line ordering system, page 18.
Baker Office Products will provide ongoing training in how to use Baker's On-line E-commerce
system throughout the contract term_
Baker will also provide each end -user an instruction packet and user -name & password card for
easy retrieval. The instruction packet has all the details on how to:
• Enter an item(s).
• How to place an order on "Hold," which allows the end -user to build an order over
time and submit the order later. (No more lists, or reminders.)
• Build a single or multiple Personal Favorites List. (No more scrounging around for a
catalog.)
• Updating shopping cart.
• Enter Reminder "Notes" on their orders
• Add an item(s).
• Use of the Multi -Line Quick Order feature (Allows the end -user to enter multiple
products at one time.)
• View Order History
• Delete an item(s).
• Check Out.
• Search for products.
• Change of Password.
• Submit an Order.
• Print an Order.
This instruction packet will be used as a reference tool when needed.
Baker will also conduct &Loup City of Lubbock end -users meetings as needed through out the
term of the contract. Baker will also provide on -site departmental training meetings as needed
throughout the term of the contract.
(Meetings to last approx. 30 minutes to an hour.)
Baker Office Products' E-commerce ordering system is very simple to use. Each end -user will
have direct access to Baker Office Products' MIS Department, thus enabling them to get timely
answers to questions and help with any resolution.
Note: Baker Office Products would like to offer the "Cost Control Features" that our E-
commerce system can provide.
This means that each department head could review/approve all orders from all of the end -users
in their respective departments before their orders are submitted to Baker Office Products for
processing.
When an end -user submits an order, the department head receives an e-mail notifying them that
there is an order "awaiting approval'. The department head is then able to review/approve the
order before Baker Office Products receives the order for processing.
FB #07-001-MP, OflSce Supplies - Annual Pricing
BIDDER REFERENCES
Please list three (3) references of current customers who can verify the quality of service yow company provides. The City
prefers customers of similar size and scope of work to this ITB.
THIS FORM MAST BE RETURNED WITH YOUR PROPOSAL
REFERENCE ONE
Government/Company Name: South Plains College
Levelland, Tx
Contact Person and Title: Dennis Churchwell
Phone: 806-894-9611 ext. 2105 Fax: e-mail dchurchwell@southplainscollege.edu
Contract Period: 3 years 2006-2009 Scope of Work: supply contract to all campuses (4)
REFERENCE TWO
Government/CompanyName: Suddenlink Communications
Address: Lubbock, TX
Contact Person and Title: Sherry Odorizzi
Phone: 806-793-2222 Fax: e-mail sherry.odorizzi@suddenlink.com
Contract Period: year to year Scopeof Work: supply con ract to all locations (10)
REFERENCE THREE
Government/CompanyName: Muleshoe ISD:
Address: Muleshoe. TX
Contact Person and Title: Trae McNeil
Phone: 806-272-7400 Fax:_ e-mail tmcneil@muleshoeisd.net
Contract Period: year to year Scopeof Work: supply contract to all campuses
Reference Four
PlainsBancorp supply contract to all locations (apprx. 25)
Lubbock, TX
Jack Flynt
jflynt@firstunited.net
07-001-MA.CIOc 19
ffB $W-001-MA, Office Supplies - Annul Pricing
THIS PAGE INTENTIONALLY LEFT BLANK
07-0014 w.doc 20
1625 13TH STREET
DEPARTMENTS
Public Information
Human Resources
Risk MgtJSafety
Benefits
Recurking
Building Inspection
Environmental Compliance
Planning
Community Development
Engineering
City Managers
Budget & Research
City Secretary
City Attorney
Finance
Purchasing & Public Works
Contracting
Print Shop
Accounting/Payroll
Facilities Mgt.
916TEXAS
DEPARTMENTS
Police Department Adm.
Police Records
Police Communications
Information Technology
Emergency Management
MUNICIPALR
915 AVENUE d
DEPARTMENTS
Municipal Court
Traffic Engineering
LUBBOCK POWER & LIGHT
1301 Broadway
3500 E. Slaton Hwy
LP&L SW BRANCH
5110 80th Street
LPBL ENGINEERING
402 Municipal Dr.
POLICE ACADEMY
506 Davis Drive Reese Ctr.
CENTERBUDDY HOLLY
1801 Avenue G
LUBBOCK
6401 N.. Martin Lumen Kft BN&
FIRE ADMINIST 10
1515 East Umuline Ave.
STATION
#1 1202 18th
' #3 6420 25th
#4 2504 Cornell
#5 1101 Zenith
' #6 3320 35th
"#7 202 Slide
' #8 2120 50th
#9 4814 Mh Street
$10 4810 Mutln LLawr Ilrg 9Nd.
" #11 Route 3 Sox 29F
" #12 5202 79th Street
' #14 2402 98th
" #15 8002 Venita
1902 TEXAS AVENUE
DEPARTMENTS
ministration
rveiilance
limal Services
vlormental
ekh Education
avenidon
actor Control
batory Services
Exhibit A"
PARKS & RECREATION
1010 9TH STREET
COMMUNITY CENTERSISENIOR CENTERS
g--
4011 Univemity
axey
30th and Oxford
Copper ings
40th and Ave. B 1213 40th
Mae 31mmons
23rd and Oak 12004 Oak
relo Supercenter
3200 Amherst
i Oth Street Senior Center
2001 19th
QA 5 ni CENTER
4215 Untversi�
CCCC N�
1501 6TH STREET
4th Street & DNS of Champions
MUNICIPAL COLISEUM
MAIN LIBRARYS
Mahon
1306 9th Street
OTHER LOCATM
" Godeka
6601 Quaker
Groves
552019th
" Patterson
1836 Parkway Dr.
SOLID WASTE
208 Municipal Drive
LANDFILL
8425 North Ave. P
ABERNATHY LANDFILL
17304 North FM 2528
APPLICATIONLAND SIYE
4602 East 19th
WASTE A ER LAB
3603 Guava Ave.
TER TREATMENT
6001 North Guava
ANIMAL CONTROL
102 Munlci I Drive
SHELTERANIMAL
401 North Ash Ave.
STREET MAINTENANCE
NA
502 North 1-27
WATER & WASTE WATER UTILITIES
406 Municipal drive
FLEET SERVIES
324 Municipal Drive
GARAGE
206 Muncipal Drive
RADIO SHOP
302-304 Municipal Drive
TRAFFIC 01INtENANCE
202 Municipal Drive
CENTRAL
306 Municipa I Drive
TM #07-M-MA, Office Supplies - Annual RicirM
"EXHIBIT B"
OFFICIAL CITY HOLIDAYS
New Year's Day
Martin Luther King Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday After Thanksgiving
Christmas Day
Day After Christmas
07•001-MA.doc 22
ITS #07-001-MA, Office Supplies - Anmial Pftng
CITY OF LUBBOCK, TEXAS
STATEMENT OF NO BID
The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and
submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to
date shown for receipt of bid to: Victor Kilman, Purchasing & Contract Manager, City of Lubbock, P.O. Box 2000,
Lubbock, Texas 79457.
We, the undersigned, have declined to bid on your ITB # for the following reason(s):
Specifications too "tight', i.e. geared toward one brand or manufacturer only. (Please explain reason below)
Specifications unclear. (Please explain below)
Insufficient time to respond to Invitation to Bid_
We do not offer this productls or equivalent. (If you wish to remain on bidders listfor other commodities and/or
services, please state particular product and/or service under which you wish to be classified.)
Our product schedule would not permit us to perform.
Unable to meet specifications.
Job too large.
Job too small -
Cannot provide required bonding.
Cannot provide required insurance_
Bidding through dealer.
Do not wish to do business with the City of Lubbock. (Please explain below)
Other (Please sped below)
F.i ►�1T��7;1.�i
Company
City:
State: Zip
Contact Name: Title:
Business Telephone
Internet Address:
Company's Internet Web Page URL:
07-001-MA.doc 23
F
fTB ffGT- 71-MA, Office Supplies - Annual Pncinig
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from
contracting with or making sub -awards under covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions
(e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that
their organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization
and its principals are not suspended or debarred by a Federal agency.
1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
COMPANY NAME: Baker Office Products
Signature of Company Official: Za!"�
Date Signed: 2/22/07
Printed name of company official signing above: Brian McPeak
07-001-Md. doc 24
ITB tla7-M-MA Office Supplies - Anrxtal Pricing
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant in 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:
(1) the lowest bidder, or
(2) 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.
-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.
In order to receive consideration, bidders must submit this affidavit to:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 IP Street, Room 204
Lubbock, TX 79401
Complete all areas below. Incomplele affidawu may be rejected
Local Business Name: Baker Office Products
Local Address (must be within the City limits). 1301 13th Street Lubbock, Texas
Address of the company's principal place of business within the United States: 1301 13th Street Lubbock _ Tx
1. How many residents of the City of Lubbock are employed at the above business location? 30
2. Year your business was established in the City of Lubbock: 1931
3. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number: 1-75-2647173-9
Company Name and Address (as it appears on permit):
Baker Office Products Ltd.
1301 13th Street
Lubbock, TX 79401
4. Does your business have more than one office in the State of Texas? Yes X No
If Yes, identify the office location considered as the point -of sale credit for sales tax purposes:
5. Was the local business required to pay business and/or real property tax for the most recent tax year?
X Yes No
If Yes, did the local business pay any of this tax to the City of Lubbock? X Yes No
Under penalty of perjury, the undersigned states that the foregoing statements arc true and correct It is fuller acknowledged that aay person, firm,
corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City
of Lubbock products and servic - a od ear
Authorized Signature: Date: 2 ��
Printed Name and Ti Brian McPeak, President Baker Office Products West Texas Inc,
General Partner
07-001-MA.doc 25
ITB #07-001-MA Office Supplies - Annual Pricing
City of Lubbock
Purchasing Department
In an effort to better serve our suppliers, the City of Lubbock Purchasing Department is conducting the following survey.
We appreciate the time and effort expended to submit your offer- Please take an additional moment to complete the
information below, if you have any questions or need more information, please call (806)775-2572.
445
City of Lubbock 1TB/RFP # 0 07 �-DE> 1 �'Q � "'kf
�A�(u, t /&
771ANK YOU.
Lubbock Avalanche Joumai?
Yes No
The Daily Commercial Record?
Yes No
From Plan Room or other type of service?
Yes No
Did you access the City of Lubbock website to search for bids?
Yes No
Facsimile or email fromXpDepot.com?
Yes No
Did you download from your home computer?
Yes No
Did you download from)p6ur company computer?
Yes No
Requested a copy from bbock Purchasing Department.
Yes No
Are you a member of epot?
Yes No
Other:
07-00 f-M4-doc 26
1 ,�1_iL",%,.
Effective: June 18, 2005
Page 1
Vernon's Texas Statutes and Codes Annotated Currentness
Local Government Code
Title 5. Matters Affecting Public Officers and Employees
Subtitle C. Matters Affecting Public Officers and Employees of More Than One Type of
Local Government
Right of Certain Municipal and County Employees to Purchase
Continued Health Coverage at Retirement __
: Chapter 176. Disclosure of Certain Relationships with Local Government Officers;
Providing Public Access to Certain Information
V� 1 i V.li:/i•✓i".: l::i y: L'ilJ
In this chapter.
(1) "Commission" means the Texas Ethics Commission.
(2) "Family member" means a person related to another person within the first degree by
consanguinity or affinity, as described by Subchapter B, Chapter 573, Government Code.
(3) "Local governmental entity" means a county, municipality, school district, junior college
district, or other political subdivision of this state or a local government corporation, board,
commission, district, or authority to which a member is appointed by the commissioners court
of a county, the mayor of a municipality, or the governing body of a municipality. The term
does not include an association, corporation, or organization of governmental entities
organized to provide to its members education, assistance, products, or services or to represent
its members before the legislative, administrative, or judicial branches of the state or federal
government.
(4) "Local government officer" means:
(A) a member of the governing body of a local governmental entity; or
(B) a director, superintendent, administrator, president, or other person designated as the
executive officer of the local governmental entity.
(5) "Records administrator" means the director, county clerk, municipal secretary,
superintendent, or other person responsible for maintaining the records of the local
governmental entity.
Effective: June 18, 2005
U 2005 Thomson/West. No Claim to Orig_ U-S. GoA Works.
Page 2
ti' l+ .al l: �. iti,NiA ii sl iiliv: a- i:l ••iiil - - :::Ji 3 uicLi 'v it -
(a) This chapter applies to a person who:
(1) contracts or seeks to contract for the sale or purchase of property, goods, or services with a
local governmental entity; or
(2) is an agent of a person described by Subdivision (1) in the person's business with a local
governmental entity_
(b) A person is not subject to the disclosure requirements of this chapter if the person is.-
(1) a state, a political subdivision of a state, the federal government, or a foreign government;
or
(2) an employee of an entity described by Subdivision (1), acting in the employee's official
capacity.
Effective: June 18, 2005
a.�Ys... iiv. �'ias•aa�a.i a�a�ilVJiai �.. Jiai ii lla�:ai a'.�si sail i, ♦�
(a) A local government officer shall file a conflicts disclosure statement with respect to a person
described by __ , -. if.
(1) the person has contracted with the local governmental entity or the local governmental
entity is considering doing business with the person; and
(2) the person:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income; or
(B) has given to the local government officer or a family member of the officer one or more
gifts, other than gifts of food, lodging, transportation, or entertainment accepted as a guest,
that have an aggregate value of more than $250 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract described by Subdivision (1) has been executed; or
(ii) the local governmental entity is considering doing business with the person.
(b) A local government officer shall file the conflicts disclosure statement with the records
c� 2005 Thomson/West, No Claim to Orig. U.S. Govt. Works.
Page 3
administrator of the local governmental entity not later than 5 p.m. on the seventh business day
after the date on which the officer becomes aware of the facts that require the filing of the
statement under Subsection (a).
(c) A local government officer commits an offense if the officer knowingly violates this section.
An offense under this subsection is a Class C misdemeanor.
(d) It is a defense to prosecution under Subsection (c) that the person filed the required conflicts
disclosure statement not later than the seventh business day after the date the person received
notice of the violation.
Effective: June 118, 2005
176.004. 5.v04. i'sii,.rnt5 of 1;35: ivsiii':Si.s.im:,fli
The commission shall adopt the conflicts disclosure statement for local government officers.
The conflicts disclosure statement must include:
(1) a requirement that each local government officer disclose:
(A) an employment or other business relationship described by Scctici-, i';F.-„'-,a;, including
the nature and extent of the relationship; and
(B) gifts received by the local government officer and any family member of the officer from
a person described by Section .'t .' ""iaJ during the 12-month period described by
u;t_-i! if the aggregate value of the gifts from that person exceed $250;
(2) an acknowledgment from the local government officer that,
(A) the disclosure applies to each family member of the officer; and
(B) the statement covers the 12-month period described by Sect and
(3) the signature of the local government officer acknowledging that the statement is made
under oath under penalty of perjury.
Effective: June IS, 2005
(a) The local governmental entity may extend the requirements of `_ :Y ' "` ' and '
to all or a group of the employees of the local governmental entity.
(b) A local governmental entity may reprimand, suspend, or terminate the employment of an
C 2005 Thomson/West. No Claim to Orig. U.S. Gorr. Works.
Page 4
employee who fails to comply with a requirement adopted under this section.
(c) An employee of a local governmental entity commits an offense if the employee knowingly
violates requirements imposed under this section. An offense under this subsection is a Class C
misdemeanor.
(d) It is a defense to prosecution under Subsection (c) that the person filed the required conflicts
disclosure statement not later than the seventh business day after the date the person received
notice of the violation.
Effective: June 18, 2005
� 1 G."006. Disclosure RequirenwatS for VCndors and Qtom `F Pei -suns: OUCAIGnn::ire
(a) A person described by Section 176.0 2W shall file a completed conflict of interest
questionnaire with the appropriate records administrator not later than the seventh business day
after the date that the person:
(1) begins contract discussions or negotiations with the local governmental entity; or
(2) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential agreement with the local
governmental entity.
(b) The commission shall adopt a conflict of interest questionnaire for use under this section that
requires disclosure of a person's affiliations or business relationships that might cause a conflict
of interest with a local governmental entity.
(c) The questionnaire adopted under Subsection (b) must require, for the local governmental
entity with respect to which the questionnaire is filed, that the person filing the questionnaire:
(1) describe each affiliation or business relationship the person has with each local government
officer of the local governmental entity;
(2) identify each affiliation or business relationship described by Subdivision (1) with respect
to which the local government officer receives, or is likely to receive, taxable income from the
person filing the questionnaire;
(3) identify each affiliation or business relationship described by Subdivision (1) with respect
to which the person filing the questionnaire receives, or is likely to receive, taxable income
that. -
(A) is received from, or at the direction of, a local government officer of the local
governmental entity; and
� 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.
Page 5
(B) is not received from the local governmental entity;
(4) describe each affiliation or business relationship with a corporation or other business entity
with respect to which a local government officer of the local governmental entity:
(A) serves as an officer or director, or
(B) holds an ownership interest of 10 percent or more;
(5) describe each affiliation or business relationship with an employee or contractor of the local
governmental entity who makes recommendations to a local government officer of the local
governmental entity with respect to the expenditure of money;
(6) describe each affiliation or business relationship with a person who:
(A) is a local government officer, and
(B) appoints or employs a local government officer of the local governmental entity that is
the subject of the questionnaire; and
(7) describe any other affiliation or business relationship that might cause a conflict of interest.
(d) A person described by Subsection (a) shall file an updated completed questionnaire with the
appropriate records administrator not later than:
(1) September 1 of each year in which an activity described by Subsection (a) is pending; and
(2) the seventh business day after the date of an event that would make a statement in the
questionnaire incomplete or inaccurate.
(e) A person is not required to file an updated completed questionnaire under Subsection (d)(1)
in a year if the person has filed a questionnaire under Subsection (c) or (d)(2) on or after June 1,
but before September 1, of that year.
(1) A person commits an offense if the person violates this section. An offense under this
subsection is a Class C misdemeanor.
(g) It is a defense to prosecution under Subsection (f) that the person filed the required
questionnaire not later than the seventh business day after the date the person received notice of
the violation.
Effective: June 18, 2005
I76.007. List ba GOYLi-IlijlcrityiaiC�ra
;D 2005 Thomson/West. No Claim to Orig. U,S. GoY1. Works.
Page 6
The records administrator for a local governmental entity shall maintain a list of local
government officers of the entity and shall make that list available to the public and any person
who maybe required to file a questionnaire under Scctl�'
Effective: June 18, 2005
176.00. Elciituiaic ilh-12
The requirements of this chapter, including signature requirements, may be satisfied by
electronic filing in a form approved by the connnission.
Effective: June 18, 2005
y 176.0-09. P os-t ing on hati3iet
(a) A local governmental entity shall provide access to the statements and questionnaires filed
under this chapter on the Internet website maintained by the local governmental entity.
(b) This subsection applies only to a county with a population of 800,000 or more or a
municipality with a population of 500,000 or more. A county or municipality shall provide, on
the Internet website maintained by the county or municipality, access to each report of political
contributions and expenditures filed under Chapter 254, Election Code, by a member of the
commissioners court of the county or the governing body of the municipality in relation to that
office as soon as practicable after the officer files the report.
Effective: June 18, 2005
$ 176.010. Requircmzrts Clumulative
The requirements of this chapter are in addition to any other disclosure required by law.
Current through the end of the 2005 2nd Called Session of the 79th Legislature
END OF DOCUMENT
j, 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.
Resolution No. 2007—RO110
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being fled in accordance with chapter 176 of the Local
OFFICE USE ONLY
Government Code by a person doing business with the governmental entity.
Date Received
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the
person becomes aware of facts that require the statement to be filed. See
Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
Name of person doing business with local governmental entity.
BAKER OFFICE PRODUCTS, BRIAN McPEAK
2
❑ Check this box if you are filing an update to a previously flied questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September
1 of the year for which an activity described in Section 176.006(a), Local Govemment Code, is pending and not later than the 7th
business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name each employee or contractor of the local governmental entity who makes recommendations to a local
government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or
business relationship.
NONE
4
Name each local government officer who appoints or employs local government officers of the governmental entity for
which this questionnaire is filed AND describe the affiliation or business relationship.
NONE
PQMLC T uuzrGUr
FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE Page 2
For vendor or other person doing business with local governmental entity
5 Name of local government officer with whom filer has affiliation or business relationship_
if the answer to A, B, or C is YES.
This section, item 5 including subparts A, 8, C & D, must be completed for each officer with whom the filer has affiliation or other
relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire? ZI Yes 11 No
& Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government
officer named in this section AND the taxable income is not from the local govemmental entity? �J Yes X1 No
C. Is the Tiler of this questionnaire affiliated with a corporation or other business entity.that the local government officer serves
as an officer or director, or holds an ownership of 10 percent or more? ❑ Yes Xj No
D. Describe each affiliation or business relationship.
NONE
ture of person ing business with the governmental entity
Date
LIST OF MUNICIPAL OFFICIALS
FOR CONFLICT OF INTEREST DISCLOSURE
(required by Local Government Code Section 176)
NAME POSITION
David A. Miller Mayor
Linda DeLeon Council member, District 1
Floyd Price Council member, District 2
Gary Boren Council member, District 3
Phyllis Jones Council member, District 4
John Leonard Council member, District 5
Jim Gilbreath Council member, District 6
Lee Ann Dumbauld City Manager
City Sec Farm, 12l2005
--- T+fE STATE OF TEXASC�I
COUNTY OF LUBBOCK J
Before me Alan C.Wk ms a Nntary Puhlir in and fnr l uhhnr-k Cnunl MWWK&ftjWMM
day personally appeared
Corporation, publishers c
did dispose and say tha
insertion of this Legal
No.
printed copy of the
Avalanche,Joumal on the
Al 4�
�-
NOTARY PUBLIC in and for the State of Texas
Inside Sales Man$ er my commission Expires 51712011
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this day ofD'
ALAN C WEEMS
Notary Public, State of Texas
FORM 58-10 ?�y fi �� My COmMleatan Expires
May 07. 2011