Loading...
HomeMy WebLinkAboutResolution - 2010-R0573 - Contract 9754 Lubbock Radio Paging Service, Inc. Stenocall RPF 10-137-DT - 11/15/2010Resolution No. 2010-RO573 November 15, 2010 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9754 for pager service per RFP 10 -137 -DT, by and between the City of Lubbock and Lubbock Radio Paging Service, Inc. d/b/a Stenocall of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ___ November_ 15, 2010 TOM MARTIN, MAYOR ATTEST: I Reb •ca Garza, City Secre APPROVED AS TO CONTENT: -Q/1 a_ Mark Y arwood Assistant City Attorney Chief Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES.Contract-Stenocall October 27, 2010 City of Lubbock, TX Resolution No. 2010—RO573 SERVICE AGREEMENT Pager Services for City of Lubbock Employees RFP 10 -137 -DT Contract 9754 This Service Agreement (this "Agreement") is entered into as of the 15`h day of, November, 2010, ("Effective Date") by and between Lubbock Radio Paging Service, Inc., d/b/a Stenocall of Lubbock, Texas (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 10 -137 -DT for Pager Services for City of Lubbock Employees. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide pager services upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — Intent and General Conditions 3. Exhibit B — Proposal Submittal ARTICLE I SERVICE 1.1 Contractor agrees to perform those services for the City that are specified on Exhibit A (the "Services") and attached hereto. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor 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 Agreement beyond the date of termination. RFP 10 -137 -DT, Pager Services Pagel of 8 ARTICLE II MISCELLANEOUS 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. City of Lubbock, TX Tom Martin, Mayor ATTEST: —3K Reb ca Garza, City Secreta RFP 10 -137 -DT, Pager Services Page 2 of 8 Contractor Name: Dusty Eirrl Title: President of Lubbock Radio Paging Service, Inc., d/b/a Stenocall APPROVED AS TO CONTENT: utVVI 4 Markea" , Assistant City Manager Chief fnformation Officer APP A 0 FORM: Chad Weaver, Assistant City Attorney RFP 10 -137 -DT, Pager Services Page 3 of 8 EXHIBIT A CITY OF LUBBOCK SPECIFICATIONS HIGH-TECHNOLOGY RFP FOR PAGER SERVICE FOR CITY OF LUBBOCK EMPLOYEES 1.0 OVERVIEW & CURRENT ENVIRONMENT 1.1 The City of Lubbock is issuing this Request for Proposal (RFP) under the guidelines of a High -Technology RFP, and the award of the contract shall be made to the responsible vendor whose proposal is determined to the be the best evaluated offer resulting from negotiation. The best offer will take into consideration the relative importance of price, qualifications, experience, references, local support and service and other evaluation factors set forth in the request for proposal. Receipt of any proposal shall under no circumstances obligate the City of Lubbock to accept the best price offering. 1.2 The Contract Agreement awarded under this RFP will grant to the successful vendor rights for pager service for the City of Lubbock, Texas for a period of two years with three one-year options to renew. 1.3 The City of Lubbock currently has approximately 650 pagers in various locations with local, state and nationwide service. This number is subject to change based on City of Lubbock needs. 2.0 SCOPE OF WORK 2.1 This RFP is being issued under the guidelines of a High -Technology RFP. This means that failure to successfully meet all functional requirements may not necessarily disqualify the vendor. This RFP is intended to be functional in nature and allow responding vendors to be creative in their approach to serving the City of Lubbock. 2.2 Vendors should take exception to functional specifications that they cannot meet and may offer alternative solutions and/or additional features in their proposals. Price will not be the only criteria of selection. 2.3 The City may choose to select all, part, or none of the vendor's proposal. The award of the contract shall be made to the responsible vendor, whose proposal is determined to be the highest evaluated offer resulting from negotiations, taking into consideration the relative importance of price and other factors set forth in the Request of Proposals in accordance with the Texas Local Government Code, Chapter 252. 3.0 REQUIREMENTS 3.1 Provide general information about the vendor, including financial information about the company, staff levels, implementation, training and support capabilities. 3.2 Proposal should include a per-unit price (including maintenance) with the second and subsequent year's pricing. Unit pricing must include all parts, labor and transportation costs. Any costs to be borne by the City shall be clearly specified. 3.3 Identify coverage areas and boundaries in writing and with coverage maps. RFP 10 -137 -DT, Pager Services Page 4 of 8 3.4 The City desires assignment of the highest priority for dispatching of service personnel and further that service is provided as soon as possible after problem notification. However, because of the critical nature of the services and the large number of users involved, respondents must be able to guarantee that a technician, fully trained and qualified to service the equipment involved, will respond within no more than one hour after a trouble call is placed. 3.5 Service procedures and parts should incorporate the original manufacturer's warranty and shall in no way jeopardize certification of the equipment as suitable for the manufacturer's service. 3.6 Vendor is to establish a redundancy plan to insure that minimal interruption of service occurs in the case of equipment failure, natural disasters, or other catastrophic events. 4.0 SERVICE PERSONNEL In order that the City can evaluate the adequacy of the service personnel force, respondents shall indicate the following: 4.1 The total number of technicians that service the area. 4.2 The number of technicians qualified to service the pagers specified by the vendor, and the average number of years experience (also for each pager specified). Specify more detailed breakouts if necessary. 4.3 Number of technicians regularly assigned as backup. 4.4 Whether and under what circumstances subcontractors are used. The City requires that the offerer and any subcontractors agree in writing to assign the City the highest priority for the dispatching of service personnel in such cases. 5.0 PROBLEM/SERVICE MANAGEMENT 5.1 City availability requirements are such that replacement pagers must be readily available. Respondents shall indicate: 5.1.1 The location of the nearest site from which replacement pagers can be procured and an alternate location from which pagers will be sought should they not be available at the primary location. 5.1.2 The minimum and maximum times required to transport pagers to/from each location, if needed. The percentage of replacement pagers available at each location. 5.2 If a pager, or type of pager, continues to have issues, the Vendor is responsible for finding an alternate type of pager in which to replace it at their expense. 5.3 Vendors must be capable of efficiently managing problem reporting and technician dispatching. Respondents should describe problem reporting, dispatching and escalation procedures and the structures that support them. 5.4 Vendor's service technicians be backed up by a sophisticated support structure. Please list responses to the following: • Access to a national support center and its hours of operations. • Availability of remote diagnostics and supported devices. RFP 10 -137 -DT, Pager Services Page 5 of 8 • Availability of immediate callback support and supported devices. • Access to actual product development engineers. 5.5 Respondents should maintain an automated system for tracking problem incidents from initiation to resolution and be capable of providing reports indicating: • Date and time notified • Date and time of arrival on site • Nature of problem and malfunction • Problem status • Device type and model serviced • Time required to effect repairs • Date and time equipment is operational • Any trends indicated by recurring errors 6.0 GENERAL REQUIREMENTS 6.1 Availability requirements necessitate that, in situations involving the loss of critical equipment for more than four (4) hours, at the City's discretion, respondents grant the City the option of requiring that the vendor defer to immediate service by the original equipment manufacturer at no cost to the City. This means that the City may require the vendor to call on the manufacturer's support at any such time as the City may deem appropriate, at the vendor's expense. 6.2 The City requires the option to add or delete any equipment from this agreement. Equipment shall be added at no more than the price quoted in response to this RFP. The City desires the option to take advantage of any price reductions or special promotions (outside the contract) that may be introduced for any device types whether they affect equipment currently covered or to be added. 6.3 The City desires the option to terminate the agreement resulting from this RFP at its own discretion and for any reason within thirty days (30) of written notice to the offerer. 6.4 If equipment is added or deleted during the contract period, explain how vendor will accommodate pricing, i.e. prorating, credit/debit next year's contract pricing, etc. 6.5 Proposer shall acquire and hold all necessary licenses and permits required to conduct business in the State of Texas and within and with the City of Lubbock, Texas. 6.6 Proposer shall provide evidence of financial capability and stability, including most recent three years balance sheets and income statements, audited by an independent, Certified Public Accountant. 6.7 Proposer shall provide full legal name, address and telephone number, form of organization, and date of organization or incorporation. 6.8 Proposer shall provide the names and addresses of all directors, officers and/or partners and primary contact person plus primary local contacts with titles. 6.9 Proposer shall submit a detailed implementation plan for the conversion of existing pager service with incumbent to ensure the City of Lubbock does not have an interruption of service. 7.0 PROPOSAL FORMAT 7.1 Prefacing the proposal, the offerer shall provide an Executive Summary of three (3) pages or less, which gives in brief, concise terms, a summation of the proposal. Include descriptions of RFP 10 -137 -DT, Pager Services Page 6 of 8 primary and alternative configurations. The proposal itself shall be organized in the following format and informational sequence: 7.1.1 Business Organization: State full name and address of your organization and identify parent company if you are a subsidiary. Indicate whether you operate as a corporation, partnership, or individual. Include the State in which incorporated or licensed to operate. 7.1.2 System Concept and Solution: Define in detail your understanding of the problem presented in the Scope of Work. Provide all details in addition to those facts you deem necessary to evaluate your proposal. 7.1.3 Project Management Structure/Personnel: Provide a general explanation and chart that specifies project leadership and reporting responsibilities. If use of subcontractors is proposed, identify their placement in the primary management structure, and provide internal management description for each subcontractor. Include names and qualifications of all professional personnel who will be assigned to this project. State the primary work assigned to this person and the percentage of time each person will devote to this work. 7.1.4 Prior Experience: List at least three (3) customer references, concentrating on organizations with similar environments, preferably within the state, or if possible, in the area. 7.1.5 Authorized Negotiator: Include name, address and telephone number of person in your organization authorized to negotiate contract terms and render binding decisions on contract matters. 7.1.6 Cost Proposal: Complete a cost proposal evaluation matrix for the pagers specified. Be sure to indicate the costs for each device type and service area. Be sure to include discounts, where applicable, and type of payment required (monthly, quarterly, etc.). ANY ADDITIONAL COSTS MUST BE CLEARLY INDICATED 7.2 Exceptions: any exceptions to this RFP must be explicitly indicated in a section titled "Exceptions." 8.0 ACCEPTANCE TESTING 8.1 The successful proposer shall demonstrate a complete capability to maintain compliance with this proposal specification. 9.0 EVALUATION CRITERIA Proposals will be evaluated based upon the information supplied in the proposals. The following weights will be assigned to the following evaluation criteria. The criteria will be grouped into percentage factors: 9.1 25% - Proposed qualifications/experience/references with other institutions similar in size to the City of Lubbock and ability to provide local support to the City of Lubbock as required. 9.2 35% - The per-unit cost per pager including maintenance and warranty. RFP 10 -137 -DT, Pager Services Page 7 of 8 9.3 25% - An assessment of the vendor's ability to provide timely service of the highest quality for the specific types of equipment required by this RFP, including future needs through enhancements and emerging technologies. 9.4 15% - The respondent's record of providing service and support for the types of equipment and the likelihood of a continuing ability to maintain the highest level of support and maximum availability of the product. Size and expertise of the support staff and technicians Site location (s) Ability to receive replacement pagers in timely manner 9.5 The City of Lubbock reserves the right to negotiate all elements that comprise the vendor's proposal to ensure that the best possible consideration be afforded to all concerned. 10.0 GENERAL CONTRACT PROVISIONS 10.1 Contract Period It is the desire of the City to grant to the successful vendor a contract for pager equipment and service for the City of Lubbock, Texas for a period of two (2) years with three one- year options to renew. 11.0 THE CITY RIGHT TO AUDIT 11.1 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. RFP 10 -137 -DT, Pager Services Page 8 of 8