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HomeMy WebLinkAboutResolution - 2016-R0140 - Stenocall - 04/28/2016Resolution No.2016-R0140 Item No.6.17 April 28, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT City of Lubbock Invitation to Bid No.ITB 16-12615-DGB /Contract 12615 is awarded to Lubbock Radio Paging, Inc.,d/b/a Stenocall,for pagers and pager service as a high technology service,and further THAT the Mayor of the City of Lubbock is authorized and directed to execute,for and on behalf of the City of Lubbock,a contract for said activities with Lubbock Radio Paging,Inc.,d/b/a Stenocall,consistent with the terms of the bid submittal attached hereto and incorporated herein,in a form acceptable to the City Attorney,and related documents. Passed bythe City Council on April 28,2016 GLEN C.^MbERTSON,MAYOR ATTEST: L >JL^£^^ Rebecca Garza,City Secretary APPROVED AS TO CONTENT: v4ark YeaWood,assistant tsity Manager APPROVED AS TO FORM John C.,Orace/Xssis-ian^City/Attorney S:\c/t\att\CCDOCS\RES.ContractrLubbock Radio dba Stenocall Paaers.2016.doc Resolution No. 2016-R0140 Contract 12615 City of Lubbock, TX Pager Service for City of Lubbock Employees RFP 16-12615-DGB This Service Agreement (this "Agreement') is entered into as of the 28th day of April, 2016 ("Effective Date") by and between Lubbock Radio Paging Service, Inc. dba Stenocall, (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 16-12615-DGB Pager Service 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 service for the City of Lubbock, 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 — Specifications 3. Exhibit B — Proposal Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit A and B, and attached hereto. Article 1 Services 1.1 The contract shall be for a term of one year, 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 four additional one year periods. 1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.3 Non -appropriation 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. Article 2 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. 2.9 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. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: IZ44Z Glen C. Robison, Mayor CONTRACTOR: Contractors ature Dusty Earl Printed Name President ATTEST: Title Reb ca Garza, City Secre ar} APPROVED AS TO CONTENT: Mark Yearwo4 Assistant City Manager Exhibit A City of Lubbock, TX High -Technology RFP For Pager Service for City of Lubbock Employees Specifications 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 one year with four one-year options to renew. 1.3 The City of Lubbock currently has approximately 140 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. S: NmhwWid Uo UV I612615 Pager Smic for City ofl bb kbniployms • 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) ]tours, 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 (told 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. S: Purch Tid DocsWP I b12615 Pager Service for City of Lubbock Employee 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 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 teens 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. SPurcM1aodBki DoesWP 16-12615 Pager Service for City of Lubbock Employees 9.2 35% - The per -unit cost per pager including maintenance and warranty. 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, TX for a period of one year, 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 four additional one year periods. 11.0 THE CITY RIGHT TO AUDIT 11.1 At any time during the tern 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. S: P.ch id D.uWP I&12615 Pager Smiw for City of Lubbock Employes Exhibit B City of Lubbock, TX Pager Service for City of Lubbock Employees RFP 16-12615-DGB The City of Lubbock appreciates your time and effort in preparing your proposal. All offerors should familiarize themselves with the following INSTRUCTIONS TO OFFERORS and GENERAL REQUIREMENTS: I. INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY, TIME & DATE 1.1 The City of Lubbock will receive written and sealed competitive proposals for Pager Service for City of Lubbock Employees until 3:00 p.m. CST, December 1, 2015, if date/time stamped on or before 3:00 p.m. at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the offeror. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 16-12615-DGB, Pager Service for City of Lubbock Employees" and the closing date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Offerors are responsible for making certain proposals and proposed contracts are delivered to the Purchasing and Contract Management Department. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all. If offeror does not hand deliver proposal, 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 proposals, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or tele-facsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.4 Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initialed by offeror guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum. 1.6 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind." S: Purcha5 id Do WP1&12615 Pager Service for City of Lubbock Employes 4.2 Any offeror in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation thereof from the Purchasing and Contract Management Department. At the request of the offeror, or in the event the Purchasing and Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing and Contract Management Department. Such addenda issued by the Purchasing and Contract Management Department will be available over the Internet at www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. 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 Purchasing and Contract Management Department no later than five (5) days prior to the proposal closing date. 4.3 The City does not assume responsibility for the receipt of any addendum sent to offerors. 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the proposal meets the intent of this RFP. 5.2 Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the offeror from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposal. 6 PROPOSAL COPIES 6.1 OFFEROR'S MUST SUBMIT THE ORIGINAL AND THREE COPIES OF THE SEALED PROPOSAL TO THE PURCHASING AND CONTRACT MANAGEMENT DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPIES MAY RESULT IN THE PROPOSAL BEING DECLARED UNRESPONSIVE. The original must be clearly marked "ORIGINAL" and the copies must be clearly marked "COPY". 6.2 All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all electronic media, reports, charts, and other documentation submitted by offerors shall become the property of the City of Lubbock when received. 7 PROPOSAL PREPARATION COSTS 7.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 7.2 The issuance of this RFP 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 proposal shall be paid by the proposer. S TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT S:P Cc BWf cs!B 1612615 PagerSrc for City of Wb &Fm lay 8.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 8.3 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 proposal 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 proposal 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. 8.4 Marking your entire proposal CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 9 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 9.1 The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP; Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 9.2 A DBE 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. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit proposals 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. S: Pumbau'Bid fhmI6-12615 PagerSmice fbr Cay of Lubbock Employee 11 CONFLICT OF INTEREST 11.1 The Offeror 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 their proposal, the offeror certifies and represents to the City the offeror 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 RFP. 12.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 12.2 This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the offeror's proposal. 13 AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL Proposals must show vendor name and address of offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions. Person signing proposal must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign proposal will disqualify it. 14 ABOUT THIS DOCUMENT This document is a Request for Proposal. It differs from an Invitation to Bid in that the City of Lubbock is seeking a solution, as described in the following General Requirements section, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Sealed proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an offeror's approach meets the desired requirements and needs of the City of Lubbock. Those criteria that will be used and considered in evaluation for award are set forth in this document. The City will thoroughly review all proposals received. The City will also utilize its best judgment when determining whether to schedule a pre -proposal conference (before proposals are accepted), or meetings with offerors (after receipt of all proposals). A Purchase Order/Contract will be awarded to a qualified offeror submitting the best proposal. The City reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints. S: Puah= Bid DooRW 16-12615 P4aSmic for City ofLubbock B plo)a 15 EVALUATION PROCESS 15.1 All proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer and/or an independent consultant. 15.2 Respondents to this RFP may be required to submit additional information that the City may deem necessary to further evaluate the offeror's qualifications. 15.3 The committee will evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request for Proposal. 15.4 The committee will arrive at a short list of the top respondents and these short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed respondents will be completed. The oral interview may be recorded and/or videotaped. 16 SELECTION 16.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 16.2 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 REQUEST FOR PROPOSAL. 17 EQUAL EMPLOYMENT OPPORTUNITY Offeror agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 18 NON -APPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 19 PROTEST 19.1 All protests regarding the RFP process must be submitted in writing to the City Director of Purchasing and Contract Management within five (5) business days following the opening of proposals. This includes all protests relating to advertising of notices, deadlines, proposal opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. S: P &. Bid Doca� 1&12615 Pager Sm*c fur Cit,.Mub & Employers This limitation does not include protests relating to staff recommendations as to award of contract. 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. 19.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 20 THE CITY RIGHT TO AUDIT 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. 21 NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 22 HOUSE BILL 2015 House Bill 2015, signed by the governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.011). 23 CONTRACT TERMS The contract shall be for a term of one year, with the option of four, one year extensions, said date of term beginning upon formal approval. 24 TERMINATION OF CONTRACT This contract shall remain in effect until the expiration date, performance of services ordered, or termination by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the cancelled contract to the next lowest and best bidder as it deems to be in the best interest of the city. S. Nnc Bid Ibo'R 16-12615 alga Service for Cry oftubbock Employes 25 ASSIGNING OR SUBLETTING THE CONTRACT The contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should the consent be given, the Contractor shall insure the Subcontractor or shall Provide proof of insurance from the Subcontractor that complies with all the contract Insurance requirements. The City of Lubbock is aware of the time and effort you expend in preparing and submitting proposals to the City. Please let us know of any requirement causing you difficulty in responding to our Request for Proposal. We want to facilitate your participation so that all responsible firms can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Director of Purchasing and Contract Management at (806) 775-2171. S: Purch Bid Doca R I6-12613 Pages Smite for Coy of Lubbock Employee City of Lubbock, TX High -Technology RFP For Pager Service for City of Lubbock Employees Specifications 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 one year with four one-year options to renew. 1.3 The City of Lubbock currently has approximately 140 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 bome by the City shall be clearly specified. 3.3 Identify coverage areas and boundaries in writing and with coverage maps. S: Purch Bid NmcKP16-nb15 Paga Smicc for City of Lubbock Endoy CONFIDENTIAL - STENOCALL/CITY OF LUBBOCK USE ONLY Effective Decemberl-2015 PAGER RENTAL- Does not include batteries Addendum Pricing based on Less than 50 total pagers LOCAL VHF COVERAGE A. NUMERIC B. ALPHANUMERIC C. TONE & VOICE EXTENDED SOUTH PLAINS (ESP) VHF COVERAGE A. NUMERIC B. ALPHANUMERIC C. TONE & VOICE $14.82/MONTH $ 18.39/MONTH $22.83/MONTH $ 15.96/MONTH $19.95/MONTH $23.97/MONTH STATEWIDE LIMITED VHF COVERAGE A. NUMERIC $22.83/MONTH B. ALPHANUMERIC $26.40/MONTH REPLACEMENT BATTERIES AA & AAA $ 0.49/EACH AFTER HOURS UNLOCK FEE 5PM - 8AM WEEKDAYS, WEEKENDS & STENOCALL HOLIDAYS (For pager repair) $ 45.00/PER CALL OUT Message Express $1.11/each/per month All City of Lubbock Rental Pagers are covered by maintenance 24/7*. Maintenance covers repairs due to normal use and does not cover damage due to abuse, cosmetic or external causes of damage (such as water, chemicals or pets). CONFIDENTIAL STENOCALLICITY OF LUBBOCK USE ONLY December2015 PAGER REPLACEMENT VALUE PRICE APOLLO 202 - NUMERIC $ 44.95 APOLLO 924 - ALPHANUMERIC $118.95 The following pagers are in limited supply: MOTOROLA BRAVO PLUS - NUMERIC $44.95 MOTOROLA WORDLINE - ALPHANUMERIC $ 46.95 MOTOROLA ADVISOR Pro - ALPHANUMERIC $46.95 MOTOROLA KEYNOTE -VOICE $270.00 MOTOROLA KEYNOTE VM- VOICE wlVIBRATE & VOICE STORAGE $330.00 Warranty covers defects from worlananship. Warranty does not cover damages caused by abuse, cosmetic or external causes of damage. CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 6, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-7360 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lubbock Radio Paging Inc. dba Stenocail Lubbock, TX United States Date Filed: 01/2912016 Date Acknowledged: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being fled. City Of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the goods or services to be provided under the contract. the contract, and provide a 12615 Paging services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary City Of Lubbock Lubbock, TX United States X 6 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT 1 swear, or affrmm penal of er ,}p ry, that the above disclosure is hue and correct. 'J'l•o e" .: GEORGIANALEE-CONNER MY COMMISSION EXPIRES ""'•�r;,q,;;t.^ November12,2018 —�T. Signature o authorized agen of contr ness entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 13 �� d Sand env r this the S� day of 20Ila_, to certify which, witness my hand and seal of office. M4,-,�PL Ly I/ if -I aYYe - Ce ey-- Signatur f office dministedr g oath Printed naryle of ofVer administering oatiff Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us version vi.0.34416 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Soli Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-7360 Date Filed: 01/29/2016 Date Acknowledged: 02/02/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lubbock Radio Paging Inc. dba Stenocall Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 12615 Paging services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary City Of Lubbock Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416