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HomeMy WebLinkAboutPACKET OCT 21 2008 RICH WITH OPPORTUNITY BEA,UMON* T • E • % • A • 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 21, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments John Johnson would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire June 22, 2010. (Councilmember W. L. Pate, Jr.) Traci Colbert would be reappointed to the Martin Luther King, Jr. Parkway Commission. The current term would expire February 20, 2010. (Councilmember W. L. Pate, Jr.) A) Approve compensation for the City Manager B) Approve compensation for the City Attorney C) Authorize eminent domain proceedings to acquire property for public use at 320-330 College Street and 890-892 Pearl Street D) Approve a contract for automotive preventive maintenance RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointments be made: Beginning Expiration Reappointment Commission of Term of Term John Johnson Small Business Revolving Loan Fund Board 10/21/08 06/22/10 Traci Colbert Martin Luther King, Jr. Parkway Commission 10/21/08 02/20/10 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21" day of October, 2008. - Mayor Becky Ames - A October 21, 2008 Approve compensation for the City Manager The City Manager, Kyle Hayes, will receive a 6.5% increase to base wages which will be $13,551.10 per month. The City of Beaumont will make an annual contribution of$15,500 to the International City/County Management Association's Deferred Compensation Program. The City Manager will receive a car allowance of$583.33 per month and an administrative allowance of $375.00 per month. All other benefits extended to civilian employees will continue to be provided as well. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT effective October 21, 2008, the base wages of the City Manager, Kyle Hayes, will be $13,551.10 per month. A car allowance will be $583.33 per month. An administrative allowance will be $375.00 per month. The City of Beaumont will make an annual contribution of $15,500 to the International City/County Management Association's Deferred Compensation Program. NOTWITHSTANDING the foregoing compensation and benefits, all otherterms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21" day of October, 2008. - Mayor Becky Ames - B October 21,2008 Approve compensation for the City Attorney The City Attorney, Tyrone Cooper, will receive a 6.5%increase to base wages which will be $11,434.05 per month. The City of Beaumont will make an annual contribution of$20,500 to the International City/County Management Association's Deferred Compensation Program. The City Attorney will receive a car allowance of$583.33 per month and an administrative allowance of $83.33 per month. All other benefits extended to civilian employees will continue to be provided as well. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT effective October 21, 2008, the base wages of the City Attorney, Tyrone E. Cooper, will be $11,434.05 per month. A car allowance will be $583.33 per month. An administrative allowance will be $83.33 per month. The City of Beaumont will make an annual contribution of$20,500 to the International City/County Management Association's Deferred Compensation Program. NOTWITHSTANDING the foregoing compensation and benefits, all otherterms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21s' day of October, 2008. - Mayor Becky Ames - c RICH WITH OPPORTUNITY IIEA,111�1011T T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager L� PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 21, 2008 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire property for public use. RECOMMENDATION The Administration recommends authorization to acquire the property at 320-330 College Street and 890-892 Pearl Street by eminent domain. BACKGROUND The property owner listed below has not accepted the offer for their property. The property was appraised by Bishop Real Estate Appraisers. Inc.: Property: Lots 172, 173 and 174, Block 38 in the Beaumont Townsite Address: 320-330 College Street and 890-892 Pearl Street Appraised Value: $97,000.00 Owner: J. B. Langham Estate Acquisition of the above property is for the purpose of locating, constructing, and the maintaining of a public parking facility in the City of Beaumont. BUDGETARY IMPACT Funds are available in the Capital Program. \englangham_ed-ib 15 October 2008 RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that property located at 320-330 College Street and 890-892 Pearl Street be acquired for a public parking facility; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: Property: Lots 172, 173 and 174, Block 38 in the Beaumont Townsite Address: 320-330 College Street and 890-892 Pearl Street Appraised Value: $97,000.00 Owner: J. B. Langham Estate and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interest in and to the above-described property for a public parking facility and has found and determined that said interests in and to the above-described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the above-described land and has been unable to agree with such owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the property described above, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in and to the said property shown in Exhibit "A" attached hereto and made a part hereof, the property being situated in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21St day of October, 2008. - Mayor Becky Ames - b � 315 49 316 0 mo 39 0 194 195 ?5 90 f 3 V � rn 18s W9 306 307 306 0 188 167 186 60 60 GO 184 C ClflSEp ORD.N- CLOSE, G0 •• ., GO GO " 290 299 300 301 302,0 0 77 178 179 180 [.at 0 0 � 303 3 Q g 04 0 150 ."1 0 l83 c+00 S4, ,zO, CENTRA � 797 298 293 294 293 - .. . 176 173 (74'* -173 60 -5c; moo' 60' moo. g'y y GO 60 b0' a N - - 42 +3 o !63 16S 167 Q POL f MUNICIPAL PLAT MAP 1 Q 0 164 183 162 161 [Goo 60 60 r GO 60� 0 133 1'34 IS3 . Is8 IS' EXHIBIT "A" D RICH WITH OPPORTUNITY BEAUMO N* T0Z ,0 X0A • S nd It City Council Age a em TO: City Council FROM: Kyle Hayes, City Manager y� PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 21, 2008 REQUESTED ACTION: Council consider authorizing the award of a contract for automotive preventive maintenance. RECOMMENDATION The administration recommends the award of a one(1)year contract to JMPKL, Inc. dba The Lube Shop of Beaumont, Texas with an estimated total expenditure of$75,000. BACKGROUND Bids were requested for a one (1)year contract for automotive preventive maintenance to maintain city-owned vehicles and equipment. Nine (9)vendors were notified with only JMPKL, Inc. responding with a bid. The Lube Shop has satisfactorily held the contract to service City vehicles for the past nine(9)years. The company has locations at 5030 College Street and 5340 Eastex Freeway. The multiple locations ensure a sufficient number of service bays to timely handle the volume of work required. It is estimated that the awarded vendor will provide approximately 2,900 maintenance service orders for 500 City vehicles during the annual contract period. Additional pricing was obtained for transmission fluids and service, air and fuel filters, and various parts and services to be purchased as needed. The current bid and prior contract prices are detailed in the attached spreadsheet. BUDGETARYIMPACT Funds are available for this expenditure in the Fleet Management Division's operating budget. RESOLUTION NO. WHEREAS, bids were received for an annual contract for automotive preventive maintenance for city-owned vehicles and equipment; and, WHEREAS, JMPKL, Inc., d/b/a The Lube Shop, Beaumont, Texas, submitted a bid for an estimated total annual expenditure of$75,000 in the unit amounts shown on Exhibit "A"; and, WHEREAS, City Council is of the opinion that the bid submitted by JMPKL, Inc., d/b/a The Lube Shop, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by JMPKL, Inc., d/b/a The Lube Shop, Beaumont, Texas, for an annual contract for automotive preventive maintenance for city-owned vehicles and equipment for an estimated total annual expenditure of$75,000 in the unit amounts shown on Exhibit "A" be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21" day of October, 2008. - Mayor Becky Ames - MONTHLY PREVIOUS CURRENT BID VEHICLE TYPE ESTIMATED CONTRACT UNIT PRICE QUANTITIES UNIT PRICE Automobiles,Pick Ups and Vans, includes 5 65 $21.99/ea $29.99/ea quarts of oil Automobiles,Pick Ups and Vans, includes 6 110 New Item 32.59/ea quarts of oil Diesel Pick Up Trucks,includes 10 quarts of 10 40.99/ea 54.99/ea oil Power Stroke Diesel Pick Up Trucks, 20 49.99/ea 76.75/ea includes 14 quarts of oil Power Stroke Diesel Pick Up Trucks, 40 New Item 79.99/ea includes 15 quarts of oil Generators, Onan 5500 Oil change, filters 6 New Item 18.99/ea supplied by City. Generators, Onan 4500 Oil change, oil and 3 18.99/ea 28.66/ea air filter change. AUTOMATIC AUTOMATIC VEHICLE DESCRIP'T'ION TRANSMISSION TRANSMISSION SERVICE/Pan drop SERVICE/Pan drop PREVIOUS CURRENT BID CONTRACT 2007-2008 Ford Crown Victoria,4.6 Liter V8 Gasoline $59.99/ea $64.99/ea 2002-2004 Chevrolet Impala 3.8 Liter V6 Gasoline $41.99/ea $59.99/ea 1992-2003 GM Pick Up,4.3 Liter V6 Gasoline $38.99/ea $59.99/ea 2002-2007 GM 5.2 Liter Gasoline SUV New Item $59.99/ea 2004-2007 Ford F Series Pick Up,6.0 Liter Power Stroke Diesel New Item $69.99/ea 2006-2008 Ford F&E Series,5.4 Liter Gasoline New Item $69.99/ea 2008 Ford F Series Pick Up,6A Liter V8 Power Stroke Diesel New Item $69.99/ea 1996-2003 Ford F Series Pick Up,7.3T-V8 Power Stroke Diesel $49.99/ea $69.99/ea AUTOMATIC AUTOMATIC VEHICLE DESCRIPTION TRANSMISSION TRANSMISSION- SERVICE/FluA SERVICbf imfi, PREVIOUS CURRENT BID CONTRACT 2007-2008 Ford Crown Victoria,4.6 Liter V8 Gasoline $59.99/ea $79.99/ea 2002-2004 Chevrolet Impala 3.8 Liter V6 Gasoline $41.99/ea $69.99/ea 1992-2003 GM Pick Up,4.3 Liter V6 Gasoline $41.99/ea $69.99/ea 2002-2007 GM 5.2 Liter Gasoline SUV New Item $79.99/ea 2004-2007 Ford F Series Pick Up,6.0 Liter Power Stroke Diesel New Item $89.99/ea 2006-2008 Ford F&E Series,5.4 Liter Gasoline New Item $89.99/ea 2008 Ford F Series Pick Up,6.4 Liter V8 Power Stroke Diesel New Item $89.99/ea EXHIBIT `A' 1996-2003 Ford F Series Pick Up,7.3T-V8 Power Stroke Diesel $49.99/ea $79,99/ea AIR FILTER AIR FILTER VEHICLE DESCRIPTION PREVIOUS CURRENT BID CONTRACT 2007-2008 Ford Crown Victoria,4.6 Liter V8 Gasoline $5.49/ea $5.49/ea 2002-2004 Chevrolet Impala 3.8 Liter V6 Gasoline $7.49/ea $7.49/ea 1992-2003 GM Pick Up,4.3 Liter V6 Gasoline $5.49/ea $5.49/ea 2002-2007 GM 5.2 Liter Gasoline SUV New Item $15.99/ea 2004-2007 Ford F Series Pick Up,6.0 Liter Power Stroke Diesel New Item $79.99/ea 2006-2008 Ford F&E Series,5.4 Liter Gasoline New Item $12.79/ea 2008 Ford F Series Pick Up,6.4 Liter V8 Power Stroke Diesel New Item $79.99/ea 1996-2003 Ford F Series Pick Up,7.3T-V8 Power Stroke Diesel $16.99/ea $16.99/ea FUEL FILTER FUEL FILTER VEHICLE DESCRIPTION PREVIOUS CURRENT BID CONTRACT 2007-2008 Ford Crown Victoria,4.6 Liter V8 Gasoline $15.99/ea $21.99/ea 2002-2004 Chevrolet Impala 3.8 Liter V6 Gasoline $15.99/ea $21.99/ea 1992-2003 GM Pick Up,4.3 Liter V6 Gasoline $15.99/ea $21.99/ea 2002-2007 GM 5.2 Liter Gasoline SUV New Item $26.99/ea 2004-2007 Ford F Series Pick Up,6.0 Liter Power Stroke Diesel New Item $74.99/ea 2006-2008 Ford F&E Series,5.4 Liter Gasoline New Item $21.99/ea 2008 Ford F Series Pick Up,6.4 Liter V8 Power Stroke Diesel New Item $74.99/ea 1996-2003 Ford F Series Pick Up,7.3T-V8 Power Stroke Diesel $38.99/ea $46.99/ea RICH WITH OPPORTUNITY 1 T - E - R - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 21, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Sidewalks and Ramps Project around Amelia Elementary School 2. Consider approving the rates of Entergy Texas, Inc., contained in the non- unanimous settlement filed with Entergy Texas, Inc.'s rate proceeding initiated on September 26, 2007 3. Consider terminating the contract with Garner Environmental Services, Inc. for disaster response services 4. Consider approving a contract for outsourcing the printing and mailing of water bills 5. Consider approving an interlocal agreement with the City of Plano, Texas to allow participation in a contract with DataProse, Inc. for water bill printing and mailing services WORKSESSION * Review and discuss Solid Waste Services and Recycling Program Options COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Scott Lisenby, et al vs City of Beaumont, et al The Claim of John Smith Garner Environmental Services, Inc. * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Tina Broussard, City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 October 21,2008 Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation(TxDOT) for the Sidewalks and Ramps Project around Amelia Elementary School 1 U713J City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager .W. PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 21, 2008 REQUESTED ACTION: City Council approve a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation(TxDOT). RECOMMENDATION The Administration recommends City Council approve a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation(TxDOT)for the Sidewalks and Ramps Project at Amelia Elementary School. BACKGROUND The City applied for and is scheduled to receive Congestion Mitigation and Air Quality (CMAQ) funds for the construction of sidewalks and ADA ramps to connect Amelia Elementary School with the surrounding neighborhoods. Federal funds will pay for 100% of the construction costs up to a maximum of$220,000. The City's participation is 100% of the preliminary engineering cost. The estimated cost to the City for preliminary engineering is $23,800. The federal funding will be obligated during Fiscal Year 2008 and/or 2009. BUDGETARY IMPACT Funds are available in the Capital Program for the City's share of the project. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a Local Transportation Project Advanced Funding Agreement, substantially in the form attached hereto as Exhibit "A," , with the Texas Department of Transportation to receive Congestion Mitigation and Air Quality funds for the Sidewalks and Ramps Project at Amelia Elementary School. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21" day of October, 2008. - Mayor Becky Ames - CSJ # 0920-38-218 District# 20 Code Chart 64 # 03200 Project: Sidewalks &Ramps: Amelia Elementary School STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Congestion Mitigation/Air Quality Project THIS Local Project Advance Funding Agreement(LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 110266 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement,without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3: Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as the construction of sidewalks and ADA ramps that will connect Amelia Elementary School to the surrounding neighborhoods. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. EXHIBIT "A" AFA-LPAFA_ShortGen.doc Page 1 of 7 Revised 05/02/2008 CSJ #0920-38-218 District#20 Code Chart 64 # 03200 Project: Sidewalks & Ramps: Amelia Elementary School 7. Environmental Assessment and Mitigation will be carried out by the Local Government. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government, as stated in the Master Agreement, without exception. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the. Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. . c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering review for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other AFA-LPAFA_ShortGen.doc Page 2 of 7 Revised 05/02/2008 CSJ#0920-38-218 District#20 Code Chart 64# 03200 Project: Sidewalks & Ramps: Amelia Elementary School locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. 17. Debarment Certification. The Local Government shall not contract with any person that: is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. AFA-LPAFA_ShortGen.doc Page 3 of 7 Revised 05/02/2008 CSJ #0920-38-218 District#20 Code Chart 64# 03200 Project: Sidewalks &Ramps: Amelia Elementary School IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Janice Mullenix Director of Contract Services Texas Department of Transportation Date: AFA-LPAFA_ShortGen.doc Page 4 of 7 Revised 05/02/2008 CSJ # 0920-38-218 District#20 Code Chart 64#03200 Project: Sidewalks & Ramps: Amelia Elementary School ATTACHMENT A Resolution of Local Government Approving This LPAFA AFA-LPAFA ShortGen.doc Page 5 of 7 Revised 05/02/2008 CSJ # 0920-38-218 District# 20 Code Chart 64# 03200 Project: Sidewalks & Ramps: Amelia Elementary School ATTACHMENT 6 Project Location Map o i Jackson Rd phelan 8h!d —e ---- Chelsea PI Elizae�th LL wrt Mcteart' t T rrb bi" tl1 IN 4 x ell iC _ � us Forrest Park Dr )Ott""' � �� ' � Project - th i NeWlieJ R .. , Locations 'a ( i ,,,thorn _rIF c Ilktim VYPr t F-_ � � ".�� :,•!'-'�"'-ad M--v—�'��wn '°"�.'�`y� r,,,ip'.i4;w.�..,_.�.+i'`',G. 5>tr..S - K ! i Brighton Bt' Laura Ln AFA-LPAFA_ShortGen.doc Page 6 of 7 Revised 05/02/2008 CSJ # 0920-38-218 District#20 Code Chart 64 # 03200 Project: Sidewalks &Ramps: Amelia Elementary School ATTACHMENT C Project Budget Estimate and Source Of Funds The Local Government will participate in the cost of the construction of sidewalks and ADA ramps that will connect Amelia Elementary School to the surrounding neighborhoods. The Local Government's participation is 100% of the preliminary engineering costs. Federal funds from the Congestion Mitigation and Air Quality Improvement Program will pay for 100% of the construction costs of the project up to a maximum federal share of $220,000.00 if the funds are obligated during fiscal year 2008 and/or 2009. The Local Government's estimated participation of this additional work is $23,800.00, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Total Description Estimate Cost Federal State Local Participation Participation Partici ation Cost % Cost % Cost PRELIMINARY ENGINEERING COSTS Preliminary Engineering $18,800.00 0% $0.00 0% $0.00 100% $18,800.00 Preliminary Engineering $5,000.00 0% $0.00 0% $0.00 100% $5,000.00 Review :S u_btotal. k- $238OOt00« _ `" E;$0.,00 ;$23;80;0:00 CONSTRUCTION COSTS Construction of sidewalks $188,034.00 100% $188,034.00 0% $0.00 0% $0.00 and ramps Direct State Costs $31,966.00 100% $31,966.00 0% $0.00 0% $0.00 (including plan review, inspection and oversight) (Estimated at 17% of construction Indirect State Costs (no $0.00 0% $0.00 0% $0.00 0% $0.00 local participation required except for service projects) Sribtotal ` $220,n00�00: ;,$220,000:00 $0'b0 TOTAL $243,800.00 $220,000.00 $0.00 $23,800.00 First Payment due'.pdor to $5;0.00.00` PS$E:`/�eviewb St�te Second Payment.due;60 days.prior to the.-project 46tting . Direct State Costs will be based on actual charges. Local Government's Participation = $23,800.00 AFA-LPAFA_ShortGen.doc Page 7 of 7 Revised 05/02/2008 2 October 21, 2008 Consider approving the rates of Entergy Texas, Inc., contained in the non-unanimous settlement filed with Entergy Texas, Inc.'s rate proceeding initiated on September 26, 2007 RICH WITH OPPORTUNITY I'Lo , � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City AttorfMY y MEETING DATE: October 21, 2008 REQUESTED ACTION: Consider an ordinance approving the rates of Entergy Texas, Inc., contained in the non-unanimous settlement filed with Entergy Texas, Inc.'s rate proceeding initiated on September 26, 2007, RECOMMENDATION Administration recommends approval of an ordinance approving the rates of Entergy Texas, Inc., contained in the non-unanimous settlement filed in Entergy Texas, Inc.'s rate proceeding initiated on September 26, 2007. BACKGROUND On June 10, 2008, the City Council approved a settlement in the Entergy Texas, Inc. (ETI) request to change rates and reconcile fuel costs presently pending before the Public Utility Commission of Texas (PUCT). The proposed settlement, referred to as "the non-unanimous settlement" (NUS), provides for a rate increase over a two (2) year period. The total overall net increase in the first year is approximately $7.6 million and is anticipated to increase in the second year to $29.1 million. The increase is to be allocated to all customer classes on an equal percentage basis. A panel of three (3) administrative law judges hearing the case has recommended approval of the settlement which substantially reduces the ETI original rate increase request of$112 million annually. The judges concluded: "The EGSI NUS results in just and reasonable rates, complies with applicable law, is supported by a preponderance of the evidence in the record, is consistent with the relevant provisions of PURA, and is in the public interest." Their proposal for acceptance will be considered by the PUCT on October 23, 2008, with the rate increase anticipated to commence with the November bills. The chart showing the impact the rates will have on customer classes is attached for your information. BUDGETARY IMPACT All reasonable expenses associated with rate matters will be reimbursable by the company as they have been in the past. ENTERGY GULF STATES, INC. NUS SETTLEMENT STEP1 -TYPICAL BILLS FOR THE TWELVE MONTHS ENDING MARCH 31, 2007 NUS t PRESENT PROPOSED DIFFERENCE LINE LOAD MONTHLY MONTHLY NO. RATE SCHEDULE KWH OR KW FACTOR BILLING(1) BILLING(2) AMOUNT PERCENT (a) (b) (c) (d) (e) (f) (g) 1 RESIDENTIAL 1,000 KWH $116.59 $117.77 $1.18 1.01% 2 SMALL GENERAL SERVICE 500 KWH $70.52 $71.78 $1.26 1.79% 3 GENERAL SERVICE 50 KW 35% $1,323.94 $1,332.42 $8.48 0.64% 4 LARGE GENERAL SERVICE 500 KW 55% $18,727.57 `318,767.30 $39.73 0.21% 5 LARGE INDUSTRIAL POWER SERVICE 5,000 KW 80% $222,707.59 $222,385.03 ($322.56) -0.14% (1) Present includes composite fuel factor(Source: WP/Q-7/RD-1), 1PCR, TTC and HRC (2) Proposed includes composite fuel factor(Source:WP/Q-71RD-1); $8.2M third party purchases, TTC, HRC, EECRF, RCE and One Time Fuel Disallowance. ENTERGY GULF STATES, INC. NUS SETTLEMENT STEP2-TYPICAL BILLS FOR THE TWELVE MONTHS ENDING MARCH 31, 2007 NUS PRESENT PROPOSED DIFFERENCE LINE LOAD MONTHLY MONTHLY NO. RATE SCHEDULE KWH OR KW FACTOR BILLING(1) BILLING (2) AMOUNT PERCENT (a) (b) (c) (d) (e) (f) (g) 1 RESIDENTIAL 1,000 KWH $116.59 $119.78 $319 2.74% 2 SMALL GENERAL SERVICE 500 KWH $70.52 $73.17 $2.65 3.76% 3 GENERAL SERVICE 50 KW 35% $1,323.94 $1,352.69 $28.75 2.17°% 4 LARGE GENERAL SERVICE 500 KW 55% $18,727.57 $19,024.72 5297.15 1.59% 5 LARGE INDUSTRIAL POWER SERVICE 5,000 KW 80% $222,707.59 $224,982.46 $2174.87 1.02% (1)Present includes composite fuel factor(Source: WP/0-71RD-1), IPCR, TTC and HRC (2)Proposed includes composite fuel factor(Source:WP/Q-7/RD-1), $8.2M third party purchases,TTC, HRC, EECRF and RCE ORDINANCE NO. ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS, ("CITY") APPROVING THE RATES OF ENTERGY TEXAS, INC., CONTAINED THE NON-UNANIMOUS SETTLEMENT FILED IN ENTERGY TEXAS, INC.'S RATE PROCEEDING INITIATED ON SEPTEMBER 26, 2007; FINDING THATTHE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about September 26, 2007, Entergy Texas., Inc., ("ETI") filed a Statement of Intent with the City to increase electric rates in the ETI Service Area by $107.5 million per year in addition to an expected $5 million annual increase to its miscellaneous service schedules resulting in a $112 million increase to customers; and WHEREAS, the City of Beaumont suspended the effective date of ETI's rates within its jurisdictional limits until at least September 29, 2008; and WHEREAS, on August 19, 2008, ETI agreed to extend the effective date until October 24, 2008; and WHEREAS, on or about September 26, 2007, ETI also filed an application with the Public Utility Commission of Texas to increase electric rates in the ETI Service Area by $107.5 million per year in addition to an expected $5 million annual increase in its miscellaneous service schedules resulting in a $112 million increase to customers; and WHEREAS, City has intervened at the Public Utility Commission with various other cities to review the rates, operations and services of an electric utility pursuant to their authority under the Public Utility Regulatory Act §33.025; and WHEREAS, on or about May 13, 2008, the Community Associations of The Woodlands,Texas("CATW"), Entergy Texas, Inc. ("ETI"or"the Company"),the Kroger Co. ("Kroger"), Office of Public Utility Counsel ("OPC"), Texas Legal Service Center ("TLSC"), Texas Ratepayers Organization to Save Energy ("Texas ROSE"), and Wal-Mart Texas Stores, LP ("Wal-Mart") entered into a settlement with ETI and the Entergy Service Area Cities' Steering Committee recommended the approval of the terms of settlement to the Cities; and WHEREAS,the settlement represents a substantial reduction to ETI's original$112 million annual requested increase by authorizing a first year increase of $7,650,962 (0.55%) and a total increase in year two of$29,148,281 (2.08%)and spreads the base rate increase to all customer classes (see Exhibit "A"); and WHEREAS,the merits and the reasonableness of the proposed rate settlement has been reviewed and approved by three Administrative Law Judges ("ALJs") at the State Office of Administrative Hearings ("SOAH") and the ALGs concluded that the settlement is reasonable and in the public interest; and WHEREAS, Cities' rate consultants and attorney retained to reviewthis matter have all recommended approval of the settlement agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby approves the rates established in ETI's Non- Unanimous Stipulation filed in PUC Docket No. 34800. Section 3. ETI is ordered to file with the City Secretary tariffs consistent with the settlement attached to this ordinance as Exhibit "A." Section 4. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This ordinance shall become effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Beaumont this the 21St day of October, 2008. - Mayor Becky Ames - ATTEST: Tina Broussard, City Clerk SOAR DOCKET NO.473-08-0334 P.U.C. DOCKET NO,34800 APPLICATION OF ENTERGY GULF § BEFORE THE STATES,INC. FOR AUTHORITY TO § STATE OFFICE OF CHANGE RATES AND TO RECONCILE § ADMINISTRATIVE HEARINGS FULL COSTS § NON-UNANIMOUS STIPULATION This Stipulation is entered into between and among the Community Associations of the Woodlands, Texas ("CAIW D, Entergy Texas, Inc ("ETV or,"the Company"), as successor in interest to Entergy Gulf States, Inc.,' the Entergy Texas, Inc. Service Area Cities' Steering Committee ("Cities"), the Kroger Co ("Kroger"), Office of Public Utility Counsel ("OPC"), Texas Legal Service Centet ("TLSC"), 'Texas Ratepayers Organization to Save Energy ("Texas ROSE"), and 'Val-Mart Texas Stores, LP ("Wal-Matt") (collectively, "Signatories"), and any other party that chooses to sign the Stipulation. The Signatories stipulate and agree as follows: 1. BACKGROUND 1 . On September 26, 2007, ETI filed an application with the Public Utility Commission of Texas ("Commission") requesting that the Commission approve: (1) base rate tariffs and riders designed to collect a total non-fuel revenue requirement, for' the Texas retail jurisdiction, of $605 million; (2) a set of proposed taiiff'schedules presented in the Company's Electric Utility Rate Filing Package for Generating Utilities ("Rate Piling Package" or "R>~P") accompanying TsTT's Application; (3)pursuant to P.U.C. SuBST. R, 25.236 and the Public Utility Regulatory Act ("PURA") Section 39.455, a request fir final reconciliation of ETI's fuel and purchased power costs and fuel factor revenues for the Reconciliation Period front January 1, ' Effective December 31, 2047, Entecgy Texas, Inc succeeded to EGSI's rights and responsibilities pursuant to Section 39 452(e) of the Public Utility Regulatory Act For continuity and ease of reference, the Company has continued to make iefcrence to EGSI for ptuposes of pleadings in ttus case Ttx Utu. CON,ANN Title 1 7 EXHIBIT "A" 2006 to March 31, 2007, as well as fuel costs deferred from prior proceedings; and (4) certain waivers to the Rate Filing Package instructions presented in RFT Schedule V accompanying E'1'1's Application 2 In addition to the Direct Testimony filed with its Application, ETI filed Rebuttal Testimony on May 2, 2008. Cities, OPC, CATW, TLSC and Texas ROSE, Kroger, and Wal- Mart filed Direct Testimony or? April '11, 2008. OPC also filed Cross-Rebuttal Testimony on Apr i I 18,2008. 3.. The Signatories believe that a resolution of this proceeding pursuant to the terms set out below is desirable and in the public interest because the result is reasonable under the circumstances and is based on evidence in the record. Settlement will also conserve the resources of the public and the Signatories and will eliminate controversy H. AGREEMENT I . Overall Base Rate Increase for ETI, The Sigmatories agree to an overall base rate increase for ETI of$42.5 million over the present base rate revenues stated in Attachment A eornrnencing with bills rendered for- the first billing cycle of October 2008 and a base rate increase of$17 trillion commencing with bills .rendered for the first billing cycle of October 2009. Coincident with the $42.5 million base rate increase, the Signatories agree ETI shall implement tariffs designed to retain, on a usage basis, amounts of Rough Production Cost Equalization ("RPCF") payments to be made to ETI by Entergy Arkansas, Inc , so that the Company retains such payments and amortizes the regulatory liability, at a late of $25 million arumally until the rates from the rate case identified in Paragraph 7 of this Section are implemented, The Signatories further agree that this $25 million amount will serve as a credit 2 e (or offset) to the$42.5 million base rate increase, Attachment A to this Stipulation provides the method of implementation for the RPCE credit. 2. Rough Production Cost Equalization Payments. In addition to the provisions of Paragraph 1 of this Section, ETI will retain RPCE Payments in the following manner: beginning with the first billing cycle of January 2009, ETf will implement a tariff designed, on a usage basis, for the Company to retain an additional $17 million annually until the October 2009 rate increase goes into effect. This$42 million retention will revert back to the$25 million retention upon the implementation of'rates in October 2009, 3 2008 RPCE Payments. The 2005 RPCE payments will be used, if and as necessary, to am.oitize future retentions described in Paragraphs 1 and 2.. Any 2008 RPCE payments not needed to ensure the proper level of RPCE-related offsets will be credited in the manner in which they would have been credited absent this Stipulation. 4. 2009 Increase., The base rate increase of$17 million commencing with bills rendered for the first billing cycle of October 2009 will be. implemented using an abbreviated filing method on July 1, 2009. The Stipulating Parties agree to work in good faith with each other and with other interested patties, including any non-settling parties, to develop the form of an abbreviated filing to be made by the Company with all regulatory authorities with jurisdiction over retail rates in'texas, that is reasonable and that effectuates the purposes of the settlement to implement the second step base rate irtctease commencing with bills rendered for the first billing cycle of October 2009. Those Signatories that can waive tights to challenge the October 2009 increase do so, except as to accuracy of calculations and conformance of tariffs with this Stipulation.. OPC and Cities agree to be bound by the Stipulation, and therefore the 2009 base rate increase, to the extent allowed by law. Regardless of the foregoing, the expectation of the 3 9 Signatories is that OPC and Cities will not challenge the amount of the 2009 increase and that any oversight by those entities is limited to the accuracy of calculations and conformance of tariff's with this Stipulation. 5 Purchased Power-. Capacity costs associated with power purchased from third parties will be treated as eligible fuel expense or PCRF expense and such purchased power, whether treated as eligible fuel or PCP X,,will be subject to the standards set out in P�U.,C•Suss'r. R § 25 236 or, § 25.23$, as applicable, in future fuel reconciliation cases, until the implementation date of'ratcs contemplated in Paragraph 7 of this Section, Each Signatory shall have the right to contest, in such future reconciliation cases, the reasonableness of•such purchase power expenses_ The Signatoties further reserve the right to assert all factual and legal arguments they asserted in this docket as the basis for- purchase power adjustments in these reconciliation Cases. 6 Transmission and Distribution Operation and Maintenance Project Expense. An annual amount of $5 million of transmission and distribution operation and maintenance expense will be deferred by project to a regulatory asset account beginning with the implementation date of the rates described in Paragraph 1 of this Section and ending with the implementation elate of rates described in Paragraph 7 Recovery of the regulatory asset will be included specifically in the rates described in Paragraph 7 immediately upon implementation of those rates. 7. Future Rate Case. The Company will file a rate case by December 31, 2009 based upon a test year,ending June 30, 2009. Beginning with the date of implementation of rates resulting fiom the 2009 rate case provided for in this paragraph, all jurisdictional separation related MSS-4 purchases will be ivcovcrcd through a contemporaneous surcharge and will 4 is become reconcilable purchased power expenses under, P,U•C. Strns'r, R. § 25.236.. The Signatories, however,make no commitment concerning the treatment of jurisdictional separation related MSS-4 purchases in any subsequent rate cases The Signatories agree to: (a) further address a Competitive Generation Services tariff in the 2009 rate case; (b) to work, in a collaboia.live manner,toward a rnutualIy acceptable solution prior to the 2009 rate case; and (c) that ET will be made whole for any costs umecovered due directly to implementation of the Competitive Generation tariff 8 Depreciation. A River Bend IM extension adjustment is adopted consistent with the regulatory treatment of the Louisiana Public Service Commission,subject to FERC approval.. Should such approval not be obtained by February 1,2009, a regulatory asset will be created that represents a 20-year extension of the life of River Bend.. The creation of the regulatory asset, if' required, is intended to maintain the economic impact to all Signatories. The regulatory asset will be included specifically in the rates described in Paragraph 7 immediately upon implementation of those rates. Additionally, the Signatories agree that die depreciation adjustment of"$2.7 million will be allowed, as identified in the rebuttal testimony of Company Wituess Brian Caldwell at Exhibit BWC-R-3 on Page 27 of 28, 9. Riders. The Signatories support the following Riders: a Both the incremental city franchise fees currently being recovered though a Rider and any prospective incremental city franchise fees will be recovered through a Rider. Existing non-incremental city franchise fees will be rolled into base rates and will not be stated separately on a bill or charged separately to customers; b An Energy Efficiency Rider, as proposed in the Company's Rebuttal Testimony; 5 11 c A Rate Case Expense Ridcr of'$5 million will be amortized over-three (3) years(i e $1.67 million per year);and d All revenue from Riders is in addition to (i) the base rate increases provided for in Paragraph 1 of'this Section and(ii)the amount retained by the Company pursuant to Paragraphs 1,2 and 3 of this Section. 10 Low-Income Programs. a, The Miscellaneous Electric Service Charge for reconnection will remain at $12.00 for low-income customers; b. ETI's Public Benefit Fund will be funded at an amount not to exceed $2 million annually and such amount will be rolled into base rates. In older to include a greater portion of the eligible population in the program, the Company will use its best efforts to contract for and implement an automatic enrollment program, The Company's automatic enrollment program will be modeled upon the matching procedure used by other Texas utilities to identify eligible customers and will be implemented within 30 days of the Commission's issuance of the firurl order in this case. ETI will provide quarterly reports to interested parties; and c With regard to the Company's Energy Efficiency .Rider, the Company's low-income energy efficiency programs will be amended so as to ensure that funding is nrainfained for- the targeted energy efficiency program initiated in 2001 in Docket No. 24469 The Company will reinstate the Entergy Assist Program at a funding level of$1.9 million,based upon 0.12% of Texas gross revenues. The Company will use its best efforts to contract with the I exas Association of Community Action Agencies by October 1, 2008 for the administration of' 6 12 the Energy Assist Program with an annual funding level of $1.9 million effective .January 1, 2009.. 11.. Storm Cost Accruals. Storm Cost Accruals will be increased by $2 million annually (to a total annual accrual of$.3.65 million) beginning January 1, 2009. This amount will be subsumed in revenues recovered through base rates. 12. Class Allocation. The rate increase described in Paragraph 1 of this Section will be allocated to all classes on an equal percentage basis Each lamp type and wattage identified in the lighting class will receive the same equal percentage increase. Attachment A to this Stipulation shows the manner in which the rate increase will be allocated to all classes.. 13 No Fuel or IPCR Disallowances. The approximately$858 million in ftiel and$25 nullion in IPCR requested by the Company, exclusive of interest or) any over-or under recovery balance, is reconciled through March 31, 2007 and there will be no fuel or'IPCR disallowances.. The over/under r ecovery balances at the end of the reconciliation period will be the beginning balances fbr the next reconciliation period for both fuel and IPCR. 14 Texas Jurisdictional Numbers. The Signatories agree that all numbers referenced in this Stipulation are Texas,jurisdictional III. IMPLEMENTA'T'ION OF AGREEMENT 1 Obligation to Support this Stipulation. The Signatories will support this Stipulation before the Commission and will take reasonable steps to support Commission entry of an order, consistent with this Stipulation The Signatories contemplate submission of an agreed proposed order for the Commission's consideration 7 13 2 Effect of Stipulation, a. Agreement as to the resolution of any specific issue in this Stipulation does not mean that any Signatory or the Commission approves of any particular treatment of costs or the underlying assumptions associated with such costs The failure to litigate any specific issue in this docket does not waive any Signatory's rights to contest that issue in any other current or- future docket of prgject The failure to litigate an issue cannot be asserted as a defense or estoppel, or any similar argument, by or against any Signatory in any other, proceeding. The Signatories arrived at this Stipulation through extensive and heated negotiation and compromise b. The Signatories urge the Commission to adopt an appropriate order consistent with the terms of this Stipulation Other than with regard to provisions pertaining to future required actions or future rate treatment, the terms of this Stipulation may not be used either- as an admission or concession of any sort or as evidence in any proceeding. Oral or written statements made during the course of the settlement negotiations may not be used for any purposes other than as necessary to support the entry by the Commission of an order implementing this Stipulation and other than to support the entry of such an order, all oral or written statements made during the course of the settlement negotiations are governed by TEX. R., EVIEX 408 and are inadmissible in this or any other administrative agency or judicial. proceeding. The obligations set forth in this subsection 2 b. shall continue and be enforceable, even if this Stipulation is terminated as provided below. c This Stipulation reflects a compromise, settlement and accommodation among the Signatories, and the Signatories agree that the terms and conditions herein are interdependent All actions by the Signatories contemplated or, required by this Stipulation are 8 14 conditioned upon entry by the Commission of a final and appealable order fully consistent with this Stipulation. if the Commission does not accept this Stipulation as presented or enters an order inconsistent with any term of this Stipulation, any Signatory shall be released from all commitments and obligations, and shall have the right to seek hearing on all issues, present evidence,and advance any positions it desires,as if it had not been a Signatory, d !.'his Stipulation is binding on each of the Signatories only for the purpose of settling the issues as set forth herein and for no other purposes. 3 Execution, The Signatories agree that this document may be executed in multiple counterparts and filed with facsimile signatures 9 15 EN7ERGY GtAF STATES.INC S PUG DOCKET 1110 34900 REVEMJE SUMkt6RY-NUS SETTL EMEN(-STEP 1 and S tEP 2 fOR 7HE TWELVE MONI HS ENDMG MARCH 31.2007 Base Present �S NUS Rate Total Change To edel Net ease Base Rate Percent ease Rate proposed TdBt pe,cent Lne ease Rare RPCE k4mase AIZC$41On Revenj_ ReYenue C4,ar,�e Revenue Credit t Rag tncrsese R--,19 rnre ueL2 N_o .__ Rsle Class (e) --.1-?"' (a) I Reweoest Service S 235.119.740 S (16,719,1211 S 10,234,944 S 246.354,593 433% 5849% 5 518!89,290 S 5,566,'..92 097 2 SmtllGer-malService S 17,540,628 S (ese.731) S 960.115 S 16400.943 490% 491: S 35,86t.266 $ 604,338 171% 3 Geoarall SON" S 1104,584.6511 S (5.382.3171) $ 3,901 427 S 108.496,019 373% 2229% f 30 t.862.133 S 1 609,666 0 80% aW Service S 3t,277,244 S (1,945.294) S 930.765 S 321C8,009 266% 475% S 114.136,732 S 131.646 011% 4 Large Gen 77]x S 363,757.646 S 11511,896) -021% 5 Lae k"Ift,Power Service S 93.100,357 S (6.031024) f 1,349,605 S 64,1144.962 162X rg = s - $ - 066% 6 loterltlpdwe Service S S - $ 7 Ligi9ng Sent" S 8z35.9a8 S (227.396) s 324,519 �____6_S66—SQ7 S 209'0 ,95x S ,^.353.600 s ,9z.s6s 3 wx a TOW 84144.S(EP 7 S 476.868.817 S 125.001663) S 17,56,.275 S 496,370 ae? 365% 1L90 o0x S t 466,aH9.6119 S 7,6.r,0.46Z 055% aME2tA Donut a DOM LZM 9 Re4WenaolServit:e S 236.1119,749 S (10.721.689) S 16.611,466 $ 254,731.215 788% 5394% S :49.515.891 S 15,S83.913 272% 10 Snail General Saw" S 17,640829 S 1697,3001 S 1,447,1124 f 19,022,952 0.45% a 30% S 36.599.468 S 1.312.540 372% 11 Ciertera,Servtot S 104,694.651 S (5,181,913) S 7.615,076 S 112.209.729 728% 22.67 S 306.536.393 S 6,676,916 216% 12 7 S 1,648,108 145% LaVe6e11eralSec&e 31,277,244 S (1,94 ;836) S 1.941,601 S 33.216,847 62. 563% S 11S,6S3, 13 LargeW6ustr)alvcpvrService S 91,100,357 S (6.025.338) $ 4,300428 $ aT,s00.785 517% 1247% S 33 68.096.695 S 3.567,151 C9Hx 54 sntartuple,M Sewtce i S S $ 000% 000% S $ - OOV, 15 Li;hNnp 5ervke i 6,235,988 $ (228,725) S 547,894 f 6.783.992 879% 159X f 7t,900.7t7 S 539,623 4241% 18 Total Retell-57 EP 2 S 479,868.617 S (25,0000021 S 34.498,583 S 513,361.410 7209E loo OC% S 11,421,91117,138 $ 29.149,281 206•„ (t)Aaacated Eased on 50%base rate reverweb0%ene•9y and Proposed hie(reverve.STEP 7 includes Riders EECRF and RC E.and Prcpcsed!ueI revenue C 2 STEP 1»dudes Riders EECRF and RCE.One Time Fuel Disallo-ItMO Executed as slxown below: Dated this day of'May,2008- THE CO . Y ASSOCIATIONS OMC OF PUBLIC UT`ILITY OF TAE DL COUNSEL By: By: K een E.M or Sara L Ferris B wn McC uroll,LLP 1111 Baby,Suite 4700 Title:Assistant Public Counsel Houston,TX 77002 Date:May 2008 Title:Its Counsel TEXAS LEGAL SERVICES CENTER Date:May_,2008 By: ENT. Y TEXAS,INC. Randall Ghaptxrm By: __. Title:Bxecutive Director .John'Williams Date:May 2008 Title:Its Attomey TEXAS RATEPAYERS' Date: MaNV 2008 ORGANIZATION TO SAW. ENERGY ENTERGY TEXAS, INC. SERVICE By: AREA CITIES' STEERING Carol Biedrzyeld COM5WTEE Title:Executive Director By: Daniel 3,Lawton Date:May_,2008 Title: Its Attorney WAL-MART TEXAS STORES,LP Date: May w,2008 BY Eric J.K.rathwohl TIM KROGER CO. Rich May,a Professional Catporation 176 Federal Street,6"Floor By: Boston,MA.02110-2223 Michael L.Kurtz Title:Its Counsel Title:Its Attorney Date:May_,2008 Date:May.__,2008 10 16 Executed as shown below: Dated this day of May, 2008 THE COMMUNITY ASSOCIATIONS OFFICE OF PUBLIC UTILITY OF THE WOODLANDS COUNSEL By —_•--.-------.--.-- By- Kathleen E.Magruder Sara J Perris Brown McCauoll,LLP 11 I 1 Bagby,Suite 4700 'I itle.: Assistant Public Counsel Houston, TX 77002 Date:May_.,2008 Title:Its Counsel TEXAS LEGAL SERVICES CENTER Date:May ,2008 ENTE.RGY TEXAS,INC. TRandall Chapman By: Title:Executive Director John Williams Date,May_,2008 Title: Its Attorney TEXAS RATEPAYERS' Date:May__,2008 ORGANIZATION TO SAVE ENERGY ENTERGY IEXAS, INC. SERVICE By: AREA CITIES' STEERING Carol Biedrzycki COMMITTEE Title:Executive Director Daniel J Lawton Date:May—,2008 Title: Its Attoiney WAL-MART TEXAS S'T'ORES,LP Date: May&2008 By: Uric J.Krathwohl THE KROGER CO. Rich May,a Professional Corporation 176 Federal Street,04 Floor By: _— T Boston,MA 02110-2223 Michael L Kurtz Title:Its Counsel Title: Its Attorney Date:May_,2008 Date: May,__,2008 10 it Executed as shown below: Dated this— _ day of May,2008. THE COMMUNITY ASSOCIATIONS OFFICE OF PUBLIC UTILITY OF THE WOODLANDS COUNT By' ----- 13y;- _. ..... Kathleen E..Magruder Sara) erns Brawn McCan-oll, LLP 1111 I34gby,Suite 4700 Title:Assistant Public Counsel Houston,'TX 7 7002 Date:Maya,2008 Title: Its Counsel TEXAS LEGAL SERVICES CENTER Date:May.__,2008 ENTERGY TEXAS,INC., Randall Chapman By:—_ _ Title: Executive Director John Williams Date: May_,,2008 Title: Its Attorney TEXAS RATEPAYERS' Date:May___,2008 ORGANIZATION TO SAVE ENERGY ENTERGY TEXAS, INC. SERVICE By: _ _.._... AREA CITIES' STEERING Carol Biedrzycki COMMITTEE Title:Executive Director By:. Daniel J Lawton Date;May­.,2008 Title: Its Attorney WAL-MART TEXAS STORES,LP Date: May_T,2008 By: Eric J Krathwohl THE KROGER CO. Rich May,a Professional Cotpotat.ion 176 Federal Street;6"i Floor 13y: ___--_- _-_-- -- Boston,MA 0211 0-222.3 Michael L.Kurtz Title; Its Counsel Title: Its Attorney Date:May 2008 Date: May—,2008 10 18 Executed as shown below: Dated this day of May,2008 THE COMMUNITY ASSOCIATIONS OFFICE OF PUBLIC UTILITY OF THE WOODLANDS COUNSEL By: By: Kathleen E. Magtudet Sara J.Feitis Biown McCanoll, LLP i 111 Bagby,Suite 4700 Iitle: Assistant Public Counsel Houston, TX'77002 Date:May_, 2008 Title: Its Counsel TEXAS LEGAL SERVICES CENTER Date:May`,2008 Tay: _ ENTERGY T+XAS,INC. Randall Chapman By:_ 'Title:Executive Director John Williams Date:May ­.,2008 Title: Its Attorney TEXAS RATEPAYERS, Date:May_,2008 ORGANIZATION TO SAVE ENERGY EN'TERGY TEXAS, INC. SERVICE By: AREA CITIES, STEERING Caiol Biedizycki COMMITTEE Title:Executive Director By _Daniel J Lawton Date: May__ ,20Q8 Title: its Attorney WAL- ART TE ST OR LP Date: May_,2008 Tiy: Eric 1 Kr o t""THE KROGER CO. Rich May, a Professional Corporation 176 Federal Street, 6h Floor By:— __ _T Boston,MA 02110-2223 Michael L Kuitz Title: Its Counsel Title: Its Attorney Date,: MayA,)2008 Date; May_,2008 10 19 3 October 21,2008 Consider terminating the contract with Garner Environmental Services, Inc. for disaster response services RICH WITH OPPORTUNITY 1 T - E - x - A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 21, 2008 REQUESTED ACTION: Council consider terminating the contract with Garner Environmental Services, Inc. for disaster response services. RECOMMENDATION The Administration recommends the termination of the contract with Garner Environmental Services, Inc. BACKGROUND A contract with Garner Environmental Services was signed on June 30, 2006. This contract is in effect for a period of five (5)years with an option to renew for another five (5)year term. The contractor agreed to provide disaster response services in the event of a declared disaster in Beaumont, Texas. After the award of the contract, Logistics team members from the Emergency Operation Center assessed various rental needs for all City departments after a hurricane. These rentals were prioritized according to need and placed in a"push package"with a ranking priority of one (1)through three (3). According to the contract, the contractor shall deliver the items on the push pack no more than seventy-two(72) hours from the City's placement of the order. There was an understanding that the contractor would send a sales representative to the Emergency Operation Center to coordinate ordering and delivery of the requested items upon enacting this push pack. On Friday, September 12, 2008, a push package, for thirty-one(3 1)items, including various size generators and other items, was e-mailed to a sales representative for Garner Environmental Services. The push packet is attached for your review. Hurricane Ike made land fall on Saturday, September 13, 2008. On Sunday, September 14, 2008, four(4) generators were received from the push package. The remaining twenty-seven(27)items of the push package were never supplied. A sales representative from Garner never arrived at the Emergency Operations Center as well. Page 2 Garner Environmental Services October 21, 2008 Due to the items in the push pack not being received within 72 hours as required by the contract, there were essential services that could not be delivered until power was restored to those locations. The Logistics team in the Emergency Operation Center, contacted multiple vendors in an attempt to acquire the items that were not supplied by Garner Environmental Services. Through these contracts, they were able to locate a few items from the push pack, such as one (1) generator, one(1) fork lift, two (2) fuel trucks and two (2) generators with lights. RESOLUTION NO. WHEREAS, by Resolution No. 06-152 dated May 23, 2006, the City Council of the City of Beaumont awarded a five (5) year contract to Garner Environmental Services, Inc., of Deer Park, Texas, with a renewal option of an additional five (5)years subject to mutual agreement by both parties, for furnishing emergency standby products and services, as needed, in the event of a declared disaster; and WHEREAS, Garner Environmental Services, Inc., has failed to comply with the terms and conditions of the contract by its failure to deliver needed items within seventy- two (72) hours of placement of an order by the City of Beaumont made necessary by Hurricane Ike; and WHEREAS, the City of Beaumont desires to terminate the contract with Garner Environmental Services, Inc., awarded by Resolution No. 06-152, based upon Garner Environmental Services, Inc.'s failure to comply with the terms and conditions of said contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is authorized to terminate the five (5) year contract with Garner Environmental Services, Inc., for furnishing emergency standby products and services in the event of a declared disaster. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21s' day of October, 2008. - Mayor Becky Ames - CITY OF BEAUMONT PUSH PACKAGE/EMERGENCY PREPAREDNESS PRIORITY 1 REVISED 6-03-08 FACILITY ADDRESS FACILITY POINT OF CONTACT EQUIPMENT POST STRIKE PHONE# PHONE# NEEDS ANIMAL CONTROL 1884 PINE 409-880-3794 409-781-5925 CELL/John Morgan 35KW 12024OV,200A,1 PH 1 CITY HALL 801 MAIN 409-880-3725 409-781-5925 CELL/John Morgan 1250KW 277/480V,2000A,3 PH 1 CIVIC CENTER 701 MAIN 409-880-3725 2.2 MEG 277/480V,2000A,3 PH 1 EMS-MEDIC 1 2510 N.11TH ST 409-899-5973 409-781-5925 CELL/John Morgan 45KW 120240V,200A,1 PH 1 TIM'S_-MEDIC 3 3199 AVE A 409-833-7745 409-781-5925 CELL/John Morgan 45KW 120240V,200A,1 PH 1 EMS-MEDIC 4 8155 PHELAN 409-860-0222 409-781-5925 CELL/John Morqan 45KW 120240V,200A,1 PH 1 EMS-MEDIC 5 6452 CONCORD 409-892-2774 409-781-5925 CELL/John Morgan 45KW 120240V,200A,1 PH 1 HEALTH ADMINISTRATION 950 WASHINGTON 409-8324000 409-781-5925 CELL/John Morgan 125KW 240V.400A,3 PH,4W 0 FIRE HEADQUARTERS 400 WALNUT 409-880.3901 409-782-7913 CELL/Chuck Mullins QTY.1 1,000 GALLON FUEL TANK 0 FOR FIRE HQ GENERATOR SUPPORT 0 FIRE HEADQUARTERS 400 WALNUT 409-880-3901 409-782-7913 CELL/Chuck Mullins QTY.1 6,000 LB.EXTENDED-REACH FORKLIFT 0 FLEET MAINTENANCE 4955 LAFIN 409-842-5885 409-656-6210 CELL/Jeff Chavez 750KW 2771480V,1000A,3 PH 1 FLEET MAINTENANCE 4955 LAFIN 409-842-5885 409-656-6210 CELL/Jeff Chavez QTY.1 4-COMPARTMENT FUEL TRUCK W/PUMP 4-5,000 GA 0 FLEET MAINTENANCE 4955 LAFIN 409-842-5885 409-656-6210 CELL/Jeff Chavez QTY.1 4-COMPARTMENT FUEL TRUCK W/PUMP 2-3,000 GAL 1 POLICE STATION 255 COLLEGE 409-832-1234 409-781-5925 CELL/John Morgan 1250KW 277/480V,2000A,3 PH 1 POLICE STATION 255 COLLEGE 409-832-1234 409-656-6069 CELL/Kenny Spitzer Qty 1 3"CENTRIFUGAL PUMP,VARIABLE SPEED W/SOFT 0 SUCTION HOSE&100 FT.DISCHARGE HOSE POLICE STATION 255 COLLEGE 409-832-1234 1 409-656-6069 CELL/Kenny Spitzer QTY.1 4000 watt generated light plant 1 Building Services 1848 Pine 409-833-8237 1 409-781-5925 CELL/John Morgan OTY 2 4000 watt generated light plant 0 POLICE STATION 790 Orleans 409-832-1234 409-656-6069 CELL/Ken 1 4000 watt enerated ht plant 1 S WATER RECLAMATION-FRONT 14900 LAFIN 409-842-0458 1 11.5MEG 2300V,3 PH 1 2,000 GALLON AUXILIARY FUEL TANK REQUIRED PAGE 1 9252008 11:09 AM Copy of emerg plan-Push Pkg 9-12-2008.XLS FACILITY ADDRESS FACILITY POINT OF CONTACT EQUIPMENT POST STRIKE PHONE# PHONE# NEEDS PRIORITY 1 CON'T.— WATER RECLAMATION-BACK: 4900 LAFIN 409-842-0458 750KW 277/480V,3 PH WETLANDS 6175 BABE ZAHARIAS 409-842-0458 750KW 277/480V,3 PH 23RD STREET PUMP STATION 95 23RD ST. 409-860-3221 20OKW 480V,400A,3 PH FLORIDA STREET PUMP STATION 1500 FLORIDA 409-860-3221 10OKW 220V,200A,3 PH FRINT/WILSON STATION 6500 FRINT 409-860-3221 25KW 1480V,100A,3 PH HARRIOT STREET STATION 800 HARRIOT 409-860-3221 20OKW 1480V,400A,3 PH LONG STREET STATION 940 LONG 409-860-3221 20OKW 1480V.200A,3 PH PRIMER STREET STATION 2700 PRIMER 409-860-3221 20OKW 480V,200A,3 PH PRISON STATION 16550 PT.ARTHUR RD 409-842-0458 30OKW 480V,400A,3 PH PRISON YOUTH STATION 14417 HWY 69 S 409-842-0458 25KW 220V,100A,3 PH TYRRELL PARK STATION 5115 FANNETT RD 409-842-0458 50OKW 480V,400A,3 PH END 2,000 GALLON AUXILIARY FUEL TANK REQUIRED PAGE 2 9/25/2008 11:09 AM Copy of emerg plan-Push Pkg 9-12-2008.XLS STATE OF TEXAS § COUNTY OF JEFFERSON § This contract is entered into by and between the City of Beaumont("City"), acting by and through its duly authorized City Manager, and Garner Environmental Services. Inc. (Contractor), acting by and through Otis Chambers, duly authorized. The City and Contractor hereby agree as follows: WITNESSETH: Contractor agrees to provide Disaster Response Services in the event of a declared disaster in Beaumont, Texas as per the terms and conditions set forth in the attached Exhibit A. City agrees to pay Contractor rates as specified in the attached Exhibit A. The term of this contract shall commence upon award of contract by City Council on May 23, 2006 with services commencing upon notification by City in the event of a declared disaster and contract shall be in effect for a period of five years with the option to renew for another five year term. The Contractor agrees to indemnify and save harmless the City of Beaumont and its officers, agents and employees from any and all claims,causes or action,and damages or every kind,for injury to or death of any person and damages to property arising out of or in connection with the work done by Contractor under this Contract,but not including acts or ommissions of the City of Beaumont or its officers, agents or employees in connection with said Contract. Contractor shall comply with all municipal, state and federal laws applicable to its activities. This agreement shall be deemed to be made and shall be construed in accordance with the laws of the State of Texas. All notices required to be given hereunder by City to Contractor shall be in writing by mail or facsimile, postage prepaid and addressed to Contractor as follows: John Temperilli Garner Environmental Services, Inc. 1717 W. 13`h Street Deer Park, TX 77536 Phone 281930-1200 Fax 832 201-8598 All notices required to be given hereunder by Contractor to City shall be similarly given and addressed to City as follows: Garner Environmental Services,Inc. Page 2 Brenda Beadle City of Beaumont Purchasing Division PO Box 3827 Beaumont, TX 77704 Phone 409 880-3759 Fax 409 880-3747 In witness whereof the parties hereto have executed this agreement on the 3 0 day of_ 2006. City of Beaumont Y Kyle Hayes, City Manager Garner Environmental Services, Inc. By: lz�6-9&L Otis Chambers Executive Vice President r r EXHIBIT A REQUEST FOR PROPOSAL (RFP) EMERGENCY STANDBY PRODUCTS AND SERVICES FOR THE CITY OF BEAUMONT I. PURPOSE This is an invitation to submit a proposal for the contracting of Emergency Standby Products and Services. The intent of this RFP is to have a vendor that is capable of providing all types of products and services required in the case of a declared emergency. This contract would be utilized when the City of Beaumont resources and contracts are not able to provide for an emergency in an immediate manner. The Contractor would provide an additional source beyond existing City Contracts. The City will use these products and services in a declared state of emergency such as hurricanes, earthquakes,tornadoes,man made and natural disasters. The types of items that may be required would be generators,lighting,toilet facilities, living accommodations,health facilities etc. as well as on-site response teams to perform a wide range of emergency services. We would require a return phone call or response from the contractor day or night within 4 hours of a representative from the City leaving a message for assistance. We would expect the Contractor to have products and services available within 72 hours after the initial call. The City's Emergency Management Office will administer this contract making determination of need and coordination of other existing contracts. II. GENERAL INFORMATION 1. Submission of Proposals: Four (4) copies of the proposal to be submitted to the City of Beaumont City Clerk's Office. Costs incurred in the preparation and submittal of proposals are the responsibility of Offeror and will not be reimbursed. 2. Contract Person: Questions regarding the proposal may be addressed to: City of Beaumont Brenda Beadle P.O.Box 3827 801 Main Street, Ste 315 Beaumont,TX 77704 Phone: (409)880-3759/ Fax: (409)880-3747 E-mail: bbeadle(aa ci.beaumont.tx.us 3. Receipt and Registration of Proposals: Sealed bids will be received in the Office of the City Clerk,City Hall,801 Main Street,Room 125,until 10:00 AM,local time,Friday.May 12, 2006 and all bids will be opened and publicly read in the City Council Chambers on that date: Faxed RFP's will not be accepted. 4. Evaluation of Proposals:A review panel designated by the Purchasing Division at a date and time following the final submission will do the evaluation. Evaluations will be on the basis of the stated evaluation criteria. 2 5. Award:The City reserves the right to reject any and all proposals or withdraw this offer at any time. Award of contract may not necessarily be made to the lowest proposer,but will be made in accordance with the evaluation criteria. Award will be made to the responsible Offeror whose proposal is determined to be the most advantageous to the City with the highest scoring evaluation,taking into consideration all factors set forth in this RFP. The City reserves the right to make more than one award from this RFP. Discussions maybe held with Offerors submitting potentially acceptable proposals,and may include oral presentations. The entire proposal will be open unless offeror requests in writing that trade secrets/proprietary data be protected. This request must accompany the proposal. III. SPECIFIC INFORMATION: 1. Requirements Statement:The City is looking for Contractors who have the capacity,ability, and experience to respond rapidly with the delivery of the products/services required in a declared emergency. The contractor must provide a past history proving expertise and success in this type of work and provide references of past and present customers. 2. The City requires a contractor who has access to all types of emergency equipment. The contractor must provide a fixed price for weekly rental rates on all types of equipment that can be provided. A sample list is attached,however,please add any additional products or services not already listed and include pricing for those items. 3. During times of declared emergency, the contractor's personnel shall return any call or message received by a representative of the City within four(4)hours of initial call. 4. Ability to record all transactions in accordance with federal government requirements,i.e., Federal Emergency Management Agency(FEMA) for reimbursement to the City. 5. CONTRACTOR QUALIFICATIONS: The Contractor shall submit satisfactory evidence that it has previous experience and possesses an adequate plant/inventory, financial resources,and organization as herein specified to perform the type,magnitude,and quality of work as specified. 6. CONTRACTOR EXPERIENCE: The Contractor shall have at least ten (10) years experience in the provision of emergency products and services and must be able to demonstrate that some of this experience was during periods of emergency type conditions. 7. CONTRACTOR FINANCIAL STABILITY: The Contractor must be able to document their current and past-established agreements with other organizations,which will establish the Contractor's ability to obtain the products and services required by this contract. The Contractor shall have the financial resources to effectively perform the service required under a contract of the same scope and magnitude as proposed under this solicitation. 3 I f The Contractor shall furnish as independent,certified audit or financial statement for the last fiscal period prior to submission of its proposal. The Contractor shall have adequate personnel dedicated to contract administration and supervision addressing day-to-day contract administration concerns and questions. 8. PROPOSAL EVALUATION CRITERIA: 30% -Demonstrate ability to successfully provide emergency equipment for current and previous customers. 25% -Demonstrate background and experience in this type of work. 25% -Cost-Equipment and Services Offered 20% -Range of Equipment and Services to the City 9. PROPOSAL OUTLINE: To be prepared by the Offeror. The proposal shall consist of the following items: A. Cover Letter: To contain the following information: 1. Name of person(s)authorized to represent the Offeror in any negotiations and to sign any Contract resulting. 2. Location of business office and any service facilities if applicable. 3. Name and address of corporate officers or partners 4. The offeror will provide references including point of contact and phone numbers for any corporate customers or government agency. 5. Statement that attached Proposal meets all requirements of the RFP. 6. Request that trade secrets or proprietary information in the proposal be withheld from public inspection if needed. 7. Statement that the Offeror agrees to all Standard Terms and Conditions of the Division of Purchasing and to all applicable legal requirements. B. Technical Proposal: Shall be in narrative format. 1. Measurable proof of expertise in this area with past and present clients and experience, and copies of past and present agreements with those clients, also a certified financial statement or audit of the company. (What makes you the best company for this contract?) 2. A description of the methodologies to be used in meeting the scope of work including how you have met those objectives with past performance. 4 3. Staffing: Numbers,Titles,Education and Experience. 4. Detailed explanation of any contingencies that may be offered as part of this contract. 5. Explanation of how Offeror will make use of other resources and time to accomplish the requirements of the contract. 6. How will you address deployment issues and incoming orders? C. Cost Proposal: 1. Use the attached pricing sheets for products and services. Include additional items and services you can offer. 2. Offer a pricing method for any additional equipment or services not detailed but may be obtainable. 5 GENERAL REQUIREMENTS A. Authorized Contract Users: This contract will be used by or at the direction of the City of Beaumont. The Contractor understands and agrees that use of this contract in the event of a declared emergency is optional and will be primarily for,but not limited to the City of Beaumont. B. Time is of the Essence:The parties hereby agree that time is of the essence for performance of this contract. Contractor warrants and guarantees that it will use its best efforts to acquire and deliver required products and services at the price and on the terms quoted herein. Contractor shall fully cooperate and coordinate with the City to maximize timely delivery of products and services. The City reserves the right to acquire part or all of the products/services offered by Contractor under this contract from other available resources,as deemed necessary in the best interests of the City to meet this requirement. The Contractor agrees and understands that its guarantee of timely performance hereunder is an inducement to the City to enter into this contract,and that the Products or Services covered by this Contract will be available on an as needed, as available basis, subject to circumstances then existing. C. Indemnification: The Contractor agrees to indemnify and save harmless the City of Beaumont and its officers,agents and employees from any and all claims, causes or action, and damages of every kind, for injury to or death of any person and damages to property arising out of or in connection with the work done by Contractor under this Contract,but not including acts or omissions of the City of Beaumont or its officers, agents or employees in connection with said Contract. D. Non-Assignment: The City has entered into this contract on the express understanding that Contractor has the capacity and ability to respond rapidly with the delivery of the products/services stated on Bid Sheet 1 &2 in a declared emergency. Therefore,the resulting contract may not be assigned,transferred, or conveyed, without the prior written consent of the City. E. Compliance with Applicable Codes/Law:It is the Contractor's responsibility to provide product, equipment and materials hereunder which are configured or otherwise compliant with all applicable federal, state or municipal safety and health codes, laws, or ordinances. The Contractor is solely liable for any expenses, fines,or penalties imposed due to a violation,including traffic infractions or parking violations attributable to employees, subcontractors or agents of the Contractor. F. Issuance of a Purchase Order: This Contract does not constitute a purchase order. It is the framework within which the City, in the event of a declared emergency, may issue a purchase order to the Contractor. Purchase Orders may be transmitted electronically, including fax or e-mail to facilitate timely delivery on a 24 hour,7 day a week basis and are considered to have been submitted to Contractor upon successful transmission. G. Inspection: The quality of products or services, shall be subject to inspection by the City at any time. Should it be found that quality of products delivered or services being performed is not satisfactory,and that the requirements of the specifications are not being met,the City acting on its own behalf,may terminate the contract, and employ another Contractor to fulfill the requirements of the contract. 6 i H. Stop Work Order/Cancellation for Cause:Upon notice to Contractor and a failure,within twenty four (24) hours, to cure a stated deficiency, the State or Authorized User, in its sole judgement, reserves the right to stop the work covered by a purchase order. The City reserves the right to cancel this contract in its entirety at any time for cause when the City deems that the Contractor is unable or incapable of performing the work including meeting the requisite delivery time frames, or otherwise adequately meeting the needs of the declared emergency. In the event of such stoppage or cancellation, the City shall provide immediate written notice of Contractor's default and shall have the right to arrange for the completion of the work in such manner as is deemed in its best interests. I. Access to site: The City reserves the right to reject and bar from the facility or job site any subcontractor, agent or employee hired by the Contractor. J. Payment of Operators: Where product involves the delivery of equipment or heavy machinery without services,and unless otherwise mutually agreed,it shall be the responsibility of the City to furnish labor and pay all operators employed on the equipment during the period of use. K. Notices: All notices hereunder shall be delivered in person or by certified mail to an authorized representative of the party to whom delivery is made at the place of business of that party,or to any other place specifically designated by the party. L. Point of Delivery: Contractor shall not ship without obtaining a specified point of delivery from the City. The Contractor is responsible for obtaining and paying fees for all duties,tariffs,highway and other special permits that may be required for delivery. Prices bid shall be assumed to include all applicable delivery,freight, and shipping charges as well as taxes unless otherwise specified in the Con tractors ro osal. Tax exemption p p pt on certificates from the City shall be furnished upon Contractor's request. M. Power/Cable Specifications: Unless the parties agree otherwise, products requiring power for operation shall be non-electric. At the option of the City,Contractor shall provide, at the expense of the City,sufficient electrical cable to enable the connection to the distribution systems identified by the City. N. Equipment Condition:Product shall be in good working order and,where applicable,be equipped with all OSHA required safeguards. Contractor shall make every effort to ensure that equipment provided includes as many safety-related options as practical. Where equipment is mounted on trucks, truck chassis, etc. it must meet at least the manufacturers minimum recommendations for Gross Vehicle Weight Rating (G.V.W.R.), Front Gross Axle Weight Rating (F.G.A.W.R.), Rear Gross Axle Weight Rating(R.G.A.W.R.)and curb weight. Unsatisfactory or unsafe equipment,as determined by the City shall be either returned to the Contractor or , if inoperable, shall be picked up by the Contractor at Contractor's expense. O. Availability of Product or Equipment: Unless a different time frame is specified by the City, Contractor shall deliver product or equipment no more than seventy-two(72)hours from the City's placement of order. If product or equipment will not be available for delivery within that period, Contractor shall inform the City at the time of order to allow the City to locate an alternate source for the equipment. Failure to provide ordered product; equipment or.services within the requisite 7 i time frames may constitute a material breach and grounds for immediate cancellation of the contract upon notice. Additionally,the City reserves the right to cancel this Contract after 24 hours of any order placement if,in the City's sole judgement,Contractor does not posses adequate resources or mobilization ability to meet the needs of the emergency by delivering product or services within 72 hours of request. P. Contractor's Coordinator: The Contractor must specify the name of a contact person and phone number who can be reached for all communications and ordering 24 hours per day,7 days per week during the time of the declared emergency. Contractor shall be responsible for updating this information within one week of any change. Q. Product Inventory: Contractor shall supply an equipment inventory along with its invoice,which shall be verified by a City representative at the time of delivery. BILLINGS/PAYMENTS A. Contract Billing:Contractor shall provide complete and accurate billing invoices to the City in order to receive payment. B. Responsibility for Payment: Payments for purchases made by other agencies under this agreement shall be the sole responsibility of such entities and the Contractor shall bill such entities directly on vouchers authorized by the said entities. C. Contract Term: This contract shall become effective upon the date approved by the Beaumont City Council but shall not be used until such time as the Office of Emergency Management (OEM) declares an emergency. The contract may then be used for ordering until such time as the OEM declares the initial state of emergency over. The contract may also be available for use during any subsequently declared state(s)of emergency as OEM required but no longer than a period of five(5) years from the date of the City Council approval,with a renewal option for up to five(5)additional years,upon the mutual agreement of the parties. Said renewal term is also subject to the approval of the City Manager. D. Contract Updates:This contract may be amended from time to time to include additional products, equipment or services as well as a mutually agreed upon price escalation,based upon the annual Consumer Price Index for all Urban Consumers("CPI-U")changes and the documented changes in Contractor's actual costs. E. Cancellation/Termination: Notwithstanding the above, the City reserves the right to cancel this contract, in whole or in part, after the first month of contract use upon 72 hours written notice to Contractor. Otherwise termination of the contract shall be in accordance with the original contract term and any renewals mutually agreed to by the parties. Prorated payments shall be made through: the end of the period of service as specified on the purchase order weekly or monthly,as applicable. If the period of service is not originally specified in the purchase order, then such period shall be deemed weekly and payments pro-rated accordingly. 8 i r CONTRACT PRICINGIUPDATES A. Amendments:It is the intention of the City to amend this contract as required reflecting product and service changes or price adjustments during the contract period. Dependent on the nature of product and service changes one of three methods will be used as set forth below: 1. price escalation based upon CPI, 2. the Federal Emergency Management Agency(FEMA)reimbursement rate method, 3. or formal contract amendment method. The City Manager must approve any price adjustment or contract amendment. 9 4 October 21, 2008 Consider approving a contract for outsourcing the printing and mailing of water bills RICH WITH OPPORTUNITY BEAUMON* T • E ,• x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 21, 2008 REQUESTED ACTION: Council consider authorizing a contract for outsourcing the printing and mailing of water bills. RECOMMENDATION Administration recommends the authorization of a contract with DataProse, Inc., of Irving, Texas, for water bill printing and mailing services. BACKGROUND The City of Plano has awarded a contract to DataProse, Inc., in compliance with bidding requirements of the State of Texas to provide water bill printing and mailing services. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing inter-local cooperative agreement between the governmental entities. Presently, the Water Customer Service Division of the Finance Department sends out an estimated 516,000 water bills annually. Customer Service Account Technicians are responsible for proofing, editing, printing& inserting for mailing approximately 43,000 invoices for City services each month. There are now two IBM printers that were designed to have bill forms loaded in two large elevator drawers and three smaller stationery trays that should have limited the amount of loading time. The elevator drawers that hold the largest quantity of forms can no longer be used because wear has caused the forms to float beyond the variance that the scan machine will allow for automated processing. When the scan line gets out of this allowed variance, payments must be handled manually. The tray in use holds 500 bill forms, which causes constant work interruption for the clerks assigned to this task. There are 10 billing cycles that are processed approximately every other working day. Billing cycles include 2000 to 7600 invoices per cycle. Smaller cycles take approximately two (2)hours for printing and larger cycles take up to four (4) hours for completion. The two bill printers must be accessible to the work area of the billing staff because of constant loading and monitoring. Once printing is complete, the inserter is loaded with forms and envelopes for processing. This process requires constant attention by the clerk to clear jams and maintain a constant supply of materials during the run. If there are maintenance problems, service calls are made to Houston resulting in down time and delays that cause delivery problems to customers with date sensitive invoices. Service delays have required staff to manually fold, insert and seal for delivery to the Post Office. The inserter has required, on average over the years of ownership, two (2)to three (3) service calls per month. The inserter must be kept in a space large enough to allow for the equipment, storage of supplies, postal bins and a work table to place bins while loading and awaiting pick up. It currently costs the City approximately $221,054 per year for equipment and software maintenance, printing supplies, envelope and water bill stock, postage, and overtime, in addition to the man-hours it requires to print, fold, and mail the estimated 43,000 bills per month. The current equipment in use is worn and will require replacement if this option is not approved at an estimated cost of$57,000. With the scheduled relocation of Customer Service to City Hall, there is no space available to accommodate the equipment and storage of supplies needed for the continuation of the process now in place. The outsourcing of this process will allow employees to concentrate their efforts on proofing and editing billing for accuracy, providing for better productivity and efficiency in both the Water Customer Service and the Cash Management Divisions. The contract with DataProse, Inc., is estimated to cost the City $242,520 per year. DataProse, Inc., will provide all labor, supervision, materials and equipment necessary for providing utility bill printing and mailing services. The term of the contract is twelve(12)months with an option to renew. The company will work with staff to duplicate the City's current billing format. This change will have no impact on the citizens of Beaumont; instead, the citizens will have the new ability to view their bills online. One minor change in procedure involves inserts being included in the water bills. For several years, nonprofit organizations and City departments who were holding either City-sponsored events or events within a city facility were able to request a flier be inserted in the water bills for dissemination to citizens at no charge as long as the appropriate number of fliers were provided to the Customer Service Division. While inserts are allowed within the contract with DataProse, Inc., there will be a charge of$0.01 per item that is inserted per bill. This fee,which is approximately$430 for 43000 inserts, will be charged to the organizations or City departments when the request to include the insert is approved. The organization or City department will provide the flier in an electronic format that will be transmitted to DataProse, Inc. The fees are as indicated in the table: Service Fee Estimated Annual Cost Bill processing $ .119 per bill $ 61,404 Search and View Bill .01 per PDF 5,160 Postage .341 per one oz piece 175,956 Total Estimated Annual Cost $ 242,520 Additional Charges: Additional impressions .035 per impression Cost depends on usage Additional inserts 01 per insert Cost depends on usage BUDGETARY IMPACT Funds are appropriated in the Water Customer Service Division's operating budget in the Water Utilities Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with DataProse, Inc., for outsourcing the printing and mailing of water bills at an estimated cost of $265,740 per year. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21" day of October, 2008. - Mayor Becky Ames - CONTRACT BY AND BETWEEN CITY OF BEAUMONT AND DATAPROSE,A DIVISION OF CSG SYSTEMS,INC. FOR UTILITY BILLING PRINTING AND MAILING SERVICES THIS CONTRACT("Contract")is made and entered into by and between DATAPROSE,A DIVISION OF CSG SYSTEMS,INC.,a Delaware corporation,whose address is 1451 N. Rice Avenue, Oxnard,CA 93030,herein referred to as"Contractor,"and the CITY OF BEAUMONT,a Texas (corporation/entity),whose address is 801 Main Street,Beaumont,Texas, 77701,herein referred to as "City,"to be effective upon the date of the last signature below("Effective Date"). RECITALS WHEREAS,Contractor and the City of Plano,Texas entered into a Contract By and Between City of Plano and DataProse,Inc. for Utility Bill Printing and Mailing Services Bid No. C138-03 effective March 1,2004("Underlying Contract"),consisting of a Contract between the City of Plano and DataProse, Inc.,the Bid Specifications marked as Exhibit A and the Contractor's Bid marked as Exhibit B. WHEREAS, Exhibits A and B to the Underlying Contract include the"General Conditions of Bidding Electronic And/Or Paper Based Bids,"Paragraph 22"Interlocal Agreement,"which provides that the"(s)uccessful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of Plano." WHEREAS, City has represented to Contractor that City has entered into an interlocal cooperation agreement with the City of Plano and is entitled to the same prices and terms available to the City of Plano as set forth in the Underlying Contract. WHEREAS,the parties desire to memorialize their agreement to provide City with the benefits of the Underlying Contract subject to the additional terms and conditions described herein. THEREFORE,the parties agree as follows. AGREEMENT 1. The Recitals set forth above are hereby incorporated into this Contract. 2. The Underlying Contract,attached hereto and incorporated herein by this reference as Exhibit 1, shall govern the relationship between City and Contractor from and after the Effective Date,except as provided below. 3. The portion of the Underlying Contract consisting of the Contract between the City of Plano and DataProse, Inc.,shall be interpreted as follows:. 3.1 All references to the"City of Plano,""Plano City Counsel"or"Plano"in Paragraphs shall mean the"City of Beaumont,"except for the description of the Underlying Contract contained in Article I, Scope of Work,of the Underlying Contract. 3.2 All references to the Customer and Utility Services Department of the City of Plano,Texas shall mean"City of Beaumont,Texas.". 3.3 All references to the City of Plano's fiscal year shall mean the City of Beaumont's fiscal year, which ends September 30. 3.4 The place of performance and venue under Article IX,Venue,shall mean City of Beaumont in Jefferson County,Texas. 4. The portions of the Underlying Contract consisting of Exhibit A,the Bid Specifications and Exhibit B,the Contractor's Bid, shall be interpreted as follows:. 4.1 All delivery locations for the City shall mean Water Customer Service, 1350 Langham, Beaumont,Texas,77707(identify name of department and address). 4.2 The"Supplemental Information"provisions shall reflect Contractor's status as a Delaware corporation registered to do business with the Secretary of State of Texas. 4.3 The"Specification"provisions shall reflect the following City specifications: 4.3.1 REVIEW THE SPECIFICATIONS TO IDENTIFY CHANGES UNIQUE TO BEAUMONT 4.3.2 SUBSTITUTE BEAUMONT'S BILL FORMAT IN PLACE OF PLANO'S BILL. 4.4 The"Vendor Acknowledgement Page"shall reflect Contractor's Name to be"DataProse,a division of CSG Systems,Inc." 4.5 Annual volume is approximately 516,000 bills. 4.6 The"General Conditions of Bidding Electronic And/Or Paper Based Bids,"Paragraphs 9, 11, 12, 14, 15, 17, 18,21,23,27,30, 31,32,33,35 and 36 shall apply to the City. 4.7 The"General Conditions of Bidding Electronic And/Or Paper Based Bids,"Paragraph 20, Funding shall reflect the City's fiscal year ending September 30. 4.8 The"General Conditions of Bidding Electronic And/Or Paper Based Bids,"Paragraph 34, Venue shall mean Jefferson County,Texas 4.9 The"Monthly Price Work Sheet' shall reflect the following City Services/Products,Monthly Volume,Unit Prices and Monthly Prices. [NEED TO SPECIFY] 5. The parties acknowledge that the term of the Contract shall expire twelve(12)months following the effective date of the contract,concurrently with the expiration date of the Underlying Contract as described in Article Il,Term of Contract,of the Underlying Agreement. City and Contractor execute this Contract as of the Effective Date. DATAPROSE,A DIVISION OF CSG SYSTEMS, CITY OF BEAUMONT INC. By: By: Name: Name: Title: Title: Date: Date: CONTRACT BY AND BETWEEN CITY OF PLANO AND DATAPRERVICES BID NO. C138-03ILL PRINTING AND MAILING S THIS CONTRACT is made and entered into by a and between CirDAT Suite a ROSE, INC., a California corporation, whose address is 6012 W. Irving, TX 75063, hereinafter referred to as "Contractor", and the CITY OF PLANO, TEXAS, a home rule municipal corporation, hereinafter referred to as "City", to be effective upon approval of the Plano city Council subsequent execution of this Contract by the Plano City Manager o y authorized For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby,the parties agree as follows: I. SCOPE OF WORK Contractor shall provide all labor, supervision, materials and equipment necessary for providing utility bill printing and mailing services to the Customer and Utility Services Department of the City of Plano, Texas. These products and services shall be provided in accordance with the terms and conditions of the City's Bid Specifications for Utility Bill Printing and Mailing Services, Solicitation No. C138-03, a copy of which is attached hereto and incorporated herein as Exhibit "A", and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit `B." The Contract consists of this written agreement and the following items which are on file with the City's Purchasing Department and which are incorporated herein by reference: and DataProse, Inc. Contract b (a) Y and between the City of Plano a (b) The Bid Specifications for utility bill printing and mailing services (Exhibit"A"); (c) The Contractor's Bid(Exhibit `B"). In the event there exists a conflict in interpretation, the documents shall control in the order listed above. These documents shall be referred to collectively as "Contract Documents." II. TERM OF CONTRACT The initial term of this Contract shall be a period of twelve (12) months commencing upon the effective date hereof; provided however, that the City shall have Contract Page 1 MADataProse,Inc. the right and option to extend the term hereof by four additional twelve (12) month periods by giving written notice to Contractor of City's election to extend the term hereof, such notice to be given not more than sixty (60) days prior to the expiration of the initial term. III. WARRANTY Contractor warrants and covenants to City that all goods and services delivered to City by Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services set forth in this Agreement and the Bid Specifications attached hereto and incorporated herein as Exhibit IV. PAYMENT This is a requirements contract, Contractor shall invoice City for products and services provided, on a unit cost basis, in accordance with the prices quoted in Contractor's bid attached hereto and incorporated herein as Exhibit `B". The prices quoted in Contractor's Bid, attached herein as Exhibit "B" shall remain fixed for the duration of this Agreement. Payments hereunder shall be made to Contractor within thirty(30)days of receiving Contractor's invoice for the services performed. Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Plano, which fiscal year ends on September 30`h of each year, shall be subject to Plano City Council approval. In the event that the Plano City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. V. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contract Page 2 MADamProse,Inc. Contractor pursuant to paragraph VII. INDEMNIFICATION and paragraph VIII. COMPLIANCE WITH APPLICABLE LAWS set forth herein. VI. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. VII. INDENPffHCATION Contractor shall release, defend, indemnify and hold City and its officers, agents and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from Contractor's performance of the work or caused by the negligent act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Contractor is legally responsible hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In its sole discretion, City shall have the right to select or to approve defense counsel to be retained by Contractor in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain City approved defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. VIII. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shall indemnify and save harmless City against any claim related to or arising from the violation of any such laws, Contract Page 3 MADataProse,Inc. ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. IX. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Collin County, Texas, and that exclusive venue shall lie in Collin County, Texas. X. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the work will be sublet to anyone objectionable, to City. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XI. INDEPENDENT CONTRACTOR Contractor covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XII. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. Contract Page 4 MADataProse,Inc. XIII. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit of No Prohibited Interest, attached and incorporated herein as Exhibit"C". XIV. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, e upon the occurrence of such event, either party may terminate this Contr act by giving th other party thirty(30) days written notice. XV. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. XVI. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XVII. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute,the parties agree that the Contract shall not be construed more favorably for either party. Contract Page 5 M:\DataProse,Inc. XVIII. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XIX. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. IN WITNESS WHEREOF, the parties have executed this Contract by signing below. DATAPROSE,INC.,a California Corporation BY: Do �kl Name: Date: r Title: G. K\ CITY OF PLANO,TEXAS Date: I t (6) l Thomas H. Muehl nbeck CITY MANAGER APPROVED AS TO FORM 27 ;t Diane C. Wetherbee, ITY ATTORNEY Contract Page 6 MADataProse,Inc. ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF .Ork This instrument was acknowledged before me o the day of 2004 by U rV,'s /J/%s 1 DATAPROS C.,a California corporation, on ehalf of said c oration. ' t HELEN VANDAVEER otary Public in and for the MY COMMISSION EXPIRES State of Texas FEBRUARY 1,2007 STATE OF TEXAS ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the Z day of Aid It�y _ , 2004 by THOMAS H. MUEHLENBECK,*City Manager of the CITY OF PLANO, TEXAS, a home-rule municipal corporation, on behalf of said corporation. ��►:;'y SHARON WRIGHT �� ' 3'••' Notary Public.State of Texas �F My Commission Expires May 13,2007 No ary Public in and V&tie State of Texas Contract Page 7 MADataProse,Inc. City of Plano Bid C138-03 P ANO r >~ ,\ A SOLICITATION NO. C138-03 UTILITY BILL PRINTING AND MAILING SERVICES DOCUMENTS ARE DUE PRIOR TO: Oct 16, 2003 3:00:00 PM CDT NO LATE BIDS WILL BE ACCEPTED DOCUMENTS MAY BE SUBMITTED ELECTRONICALLY TO: www.rfpdepot.com DOCUMENTS MAY BE DELIVERED TO: CITY OF PLANO PURCHASING DIVISION 1520 AVENUE K SUITE 370 THIRD FLOOR PLANO,TX 75074 DOCUMENTS MAY BE MAILED TO: CITY OF PLANO PURCHASING DIVISION P.O. BOX 860358 PLANO,TX 75086-0358 Bids will be publicly opened and read in the office of the Purchasing Manager.If mailed or delivered in person,write the bid number on the envelope In the lower left corner.Time Critical Bid/Proposal Deliveries:The City of Piano can not guarantee, due to internal procedures, that any bids/proposals sent Priority Mail will be picked up and delivered by the closing date and time.It is recommended that critical bid/proposal deliveries be made either in person or via an alternate delivery method. EXHIBIT 0d,1.:_'0,•133 3:56:41 Pat C07 ( OF C PAGE City of Plano Bid C138-03 Bid C138-03 UTILITY BILL PRINTING AND MAILING SERVICES Bid Number C138-03 Bid Title UTILITY BILL PRINTING AND MAILING SERVICES Bid Start Date Sep 17,2003 2:08:37 PM CDT Bid End Date Oct 16,2003 3:00:00 PM CDT Bid Contact Ralph McBroom 972-941-7074 ralphm @plano.gov Contract Duration 1 year Contract Renewal 4 annual renewals Prices Good for Not Applicable Bid Comments Added on Sep 17,2003: Add attachment C138-03ESample3.pdf Added on Oct 1,2003: October 1,2003 Prospective Bidders Re:Addendum#2 BID NO.C138-03 UTILITY BILL PRINTING AND MAILING SERVICES (ONE YEAR CONTRACT WIFOUR OPTIONAL RENEWALS) Addendum#2 is issued.Please see the following for changes/additions/deletions to the specifications: CHANGES: Under section?Criteria for Award"the following changes are now in effect. 1.The extent to which the bidder meets the needs of the City.If the City is required to visit vendor plant,any expense related to on?site visit by City personnel to be borne by the vendor. 6.Delete.Down time due to travel if vendor is located out of the local area is no longer an evaluation factor. Section?On-Site Visit'is now deleted.This is no longer a requirement. Section?Additional Expenses" The word Vendor is now replaced by Successful bidder. Vendors who may have already submitted a bid and feel this addendum may change their bid price may pick up their bid and return it by Thursday,October 16,2003@ 3:00 PM.If picking up the bid Is not feasible,any new bid submitted by your firm will supercede one previously submitted. If you have any questions regarding this addendum,please contact the City of Plano Purchasing Department,(972)941-7557. Acknowledge receipt of this addendum by initialing in the appropriate space on the Vendor Acknowledgment Page if you have not previously submitted a bid. Od 1 2003 3:5 :41 PH CDT City of Plano Bid C138-03 Changes made on Sep 17,2003 3:33:14 PM CDT Description(The following was added to the description): Add attachment C 1 38-03ESample3.pdf New attachments: C138-03ESample 3.pdf Changes made on Oct 1,2003 3:03:06 PM CDT Description(The following was added to the description): October 1,2003 Prospective Bidders Re:Addendum#2 BID NO.C13M3 UTILITY BILL PRINTING AND MAILING SERVICES (ONE YEAR CONTRACT W/FOUR OPTIONAL RENEWALS) Addendum#2 is issued.Please see the following for changes/additions/deletions to the specifications: CHANGES: Under section?Criteria for Award"the following changes are now in effect. 1.The extent to which the bidder meets the needs of the City.If the City is required to visit vendor plant,any expense related to on?site visit by City personnel to be borne by the vendor. 6. Delete.Down time due to travel if vendor is located out of the local area is no longer an evaluation factor. Section?On-Site Visit"is now deleted.This is no longer a requirement. Section?Additional Expenses" The word Vendor is now replaced by Successful bidder. Vendors who may have already submitted a bid and feel this addendum may change their bid price may pick up their bid and return it by Thursday,October 16,2003@ 3:00 PM.If picking up the bid is not feasible,any new bid submitted by your firm will supercede one previously submitted. If you have any questions regarding this addendum,please contact the City of Plano Purchasing Department,(972)941- 7557. Acknowledge receipt of this addendum by initialing in the appropriate space on the Vendor Acknowledgment Page if you have not previously submitted a bid. Item 1.DATA PROCESSING,SIMPLEX,2-COLOR LASER IMAGING Quantity 12 month Unit Price I....W...-W Delivery Location City of Plano Customer&Utility Services City of Plano 1520 Avenue K#120 Plano TX 75074 Oty 12 Description 8.5 X 11 WHITE BOND PAPER,WITH PERF AT 3.5 INCHES FROM BOTTOM,FOLD, INSERT,SELECTIVELY INSERT, PROCESS,PRESORT,CASS CERTIFY AND DELIVER TO USPS(DOES NOT INCLUDE ENVELOPE COSTS). Ocl 1,2003 3'5;:41 PM CDT PAU OF City of Plano Bid C136-03 Item 2.ADDITIONAL IMAGES Quantity 12 month Unit Price �- Delivery Location City of Piano Customer&Utility Services City of Plano 1520 Avenue K#120 Piano TX 75074 Qty 12 Description NONE Item 3.HAND INSERTING OF MULTIPLES Quantity 12 month Unit Price Delivery Location City of Plano Customer&Utility Services City of Plano 1520 Avenue K#120 Plano TX 75074 Qty 12 Description NONE Item 4.TRANSMISSION DAILY OF DATA FILES Quantity 12'month Unit Price Delivery Location City of Plano Customer&Utility Services City of Plano 1520 Avenue K#120 Plano TX 75074 Qty 12 Description NONE Item S.COURIER SERVICE Quantity 12 month — - Unit Price Delivery Location City of Plano Customer&Utility Services City of Plano 1520 Avenue K#120 Plano TX 75074 Qty 12 Description Oct 1;2603 3:56: 1 PV1 C-D �� City of Plano Bid C138.03 NONE Item 6.ENVELOPE,PRE-PRINTED NO.10 STD.WINDOW, 110 Quantity 12 month Unit Price I Delivery Location City of Plano Customer&Utility Services City of Plano 1520 Avenue K#120 Plano TX 75074 Qty 12 Description NONE Item 7.ENVELOPE,PRE-PRINTED NO.9 EIRE,PLAIN,110 Quantity 12 month Unit Price I Delivery Location City of Plano Customer&Utility Services City of Plano 1520 Avenue K#120 Plano TX 75074 Qty 12 Description NONE Item 8.ENVELOPE,WINDOW,9 X 12 CATALOG Quantity 12 month Unit Price Delivery Location City of Plano Customer&Utility Services City of Plano 1520 Avenue K#120 Plano TX 75074 Qty 12 Description WINDOW ENVELOPE(MERGING) Item 9.INTERNET PDF IMAGE ACCESS Quantity 12 month Unit Price I Delivery Location City of Plano Customer&Utility Services City of Plano 1520 Avenue K#120 Oct 1,2003 3:55:41 RM COT i h U C_ 0 F�'� City of Piano Bid C138-03 Plano TX 75074 Qty 12 Description NONE Item 10.ELECTRONIC BILL IMAGE FILE FOR ARCHIVE PURPOSES Quantity 12 month Unit Price Delivery Location City of Plano Customer&Utility Service City of Plano 1520 Avenue K#120 Plano TX 75074 Qty 12 Description (CD)(PDF) Oct 1.20;03;:56A1 P6t CUT os4:it City of Piano Bid 0138.03 AFFIDAVIT OF NO PROHIBITED INTEREST 1,the undersigned declare and affirm that no person or officer in this sole proprietorship, partnership,corporation,or board has or will have during the term of this contract a prohibited interest as that term is defined in Section 11.02 of the Plano City Charter and the City's Code of Conduct, Chapter 2, Article IV of the City's Code of Ordinances. I further understand and acknowledge that the existence of a prohibited interest at any time during the term of this contract will render the contract voidable. Name of Contractor By: Title: Date: -�9!NT !� ' Uct t.2003 3:56 41 PM COT ^sn��OF Cfty of Plano Bid C138-03 SUPPLEMENTAL INFORMATION Please provide the following information for contract development: Is the company a 1. Sole Proprietorship r Yes r No 2. General Partnership r Yes r No 3. Limited Partnership r Yes r No 4. Corporation r Yes C No 5. Other r r Yes r No If the company is a sole proprietorship,please list the owner's full legal name,the name under which business is conducted(i.e. d/b/a),the address for the company, including the state and county in which your business is located: If the company is a general partnership,please list the exact name of the partnership,whether it is a partnership formed under the laws of the State of Texas or another state,the business address for the partnership,including the state and county, and list of the names of all of the partners for the artnershi : If the company is a limited partnership,please list the exact name of the limited partnership, whether it is a limited partnership formed under the laws of the State of Texas or another state,the business address for the limited partnership, including the state and county,and list the names of all the general partners for the partnership: A --i In the case of a limited partnership (foreign or domestic), is it registered with the Secretary of State of the State of Texas and authorized to do business in this State? r Yes r No In the case of a limited partnership (foreign or domestic),is its general partner(s)registered with the Secretary of State of the State of Texas and authorized to do business in this State? r Yes r' No If the company is a corporation,please list the exact name of the corporation,whether it is a corporation formed under the laws of the State of Texas or another state,the business address for the corporation,including the state and county, and list the names of all of the officers for the corporation: EXHIBIT Oct 1.2003 3.513:41 PfA CDT PAGE�OF City of Plano Bid C136-03 it In the case of a corporation (foreign or domestic), is it registered with the Secretary of State of the State of Texas and authorized to do business in this State? r Yes C No If the company is a limited liability company,please list the exact name of the limited liability company,whether it is a limited liability company formed under the laws of the State of Texas or another state,the business address for the limited liability company,including the state and county, and list the names of all the members/managers for the limited liability company: a In the case of a limited liability company(foreign or domestic), is it registered with the Secretary of State of the State of Texas and authorized to do business in this State? r Yes r No In the case of a limited liability company (foreign or domestic), is its member(s)/manager(s) (if not an individual)registered with the Secretary of State of the State of Texas and authorized to do business in this State? r" Yes 4" No If the company is another entity not listed above,please list the exact name and type of company, the state under which it is formed,the business address for the company, including the state and county, and list the names of all of the persons authorized to act on the company's behalf: Zi In the case of another entity(foreign or domestic), is it registered with the Secretary of State of the State of Texas and authorized to do business in this State? r Yes t"No Please provide a list of names and capacity of all individuals who are authorized to execute contracts or documents on behalf of your organization: Is the company a minority,or woman-owned business enterprise? r Yes r No If yes,specify: I—MBE I`WBE Has the company been certified as a minority/woman-owned business by any governmental agency? r Yes ;" No �� Cad 1,2003 3.56:41 PM CDT PAGE I City of Plano Bid 0139.03 If yes, specify the governmental agency: Date of certification: EXHIM Oct 1.2003 3:56:41 Phi CDT PAGE Or City of Plano Bid C138.03 PRINTING/MAILING SERVICES FOR THE CITY OF PLANO UTILITY BILLS City of Plano Customer and Utility Services Department SPECIFICATIONS The award will be made to the bidder providing the best value to City of Plano. The award will be for a one year contract with four optional annual renewals. The quantities are estimated annual quantities. All orders are on an "as needed basis only". Statement of Intent The City of Plano is seeking bids for the printing and mailing of utility bills. This service includes but not limited to the receiving and processing of data transfer on a daily cycle, print, CASS certify, fold, insert, presort, meter and mail. Vendor Shall Have a predominant business function that is laser imaging and complete mailing services. Provide security of information and supervision from start to finish. Be able to handle high volume (3,750) production on a daily basis and up to 12,000 bills on occasion. Provide courier service for special delivery and pick up requests. Provide a single point of contact representing the account. Have the ability to preprint forms, envelopes and flyers. Be able to warehouse forms and envelopes in climate-controlled conditions. Be able to household merge/purge multiple statements into same envelope (up to 3 into the Standard Mail Out envelope). Be able to accept upgrades to current customer billing system. Be able to accept electronic data transmissions 24/7/365. Be willing and able to establish a business partner relationship with H T E inc., the City of Plano Customer Information system vendor. Be able to do custom programming as needed. Have an emergency back up plan to avoid out of service situations. Provide secure access for on line transmission through SSL. Provide a system password per customer that is vendor controlled and will not allow unauthorized access. Be responsible for all costs associated with errant printing and mailing of statements due to no fault of the City. Provide capability to enable batch printing of selectively excluded bills at City of Plano Customer and Utility Services Office. Provide selective/dynamic messaging via secure site for customer messages to be included on bills. Daily Transmission of Electronic Data AS400, ASCII data files File transmitted via modem line or courier by tape as zip file "ProComm" or Internet, or email attachments. Choice to be made by City of Plano. Vendor shall confirm receipt of file daily by return electronic mail to persons specified by the City of Plano when the file is received. Vendor shall provide second report daily when file has been processed for printing. Vendor shall provide as part of the second report, the amount of postage charges for the billing included in the report. File size and billing cycle will be utilized as confirming data. Daily average of approximately 3,750 bills and up to 12,000 bills on occasion. L.;it3a;r -A Oct 1.2003 3:5e-:4 t Pod:DT PA f_U_Of City of Plano Bid C138-03 Preprint Requirements Selectively exclude bill types from printing (PULL, EBILL, CITY and others identified in the print file). CASS certification to ensure lowest possible postage costs. Must be able to sort to carrier route level. Presorts must conform to latest USPS notification. Mail merging of bills going to same mailing address up to three into regular#10 mailing envelope and four to 100 merged for stuffing into one large envelope per Sample#4. Placement of sorter codes must be approved by the City. Vendor must have the ability to manipulate print ready data into proper bill format. All-outgoing mail shall include Zip +4 bar coding confirming to postal requirements for automated processing. City access to Electronic Bill Image Provide access for city staff via password secured Internet site to exact replicas of customer bills in PDF Format for a period of 12 months. Provide access via secured internet site from the City web site to customers electing to view exact replicas in PDF format for a period of 12 months. Provide search capability based on account number, date or date range. Have capability to email bill image from vendor site. Provide images for one month electronically CD or PDF after 12 month period. Approval of Forms and Envelope Orders All orders for print stock and envelopes shall be approved by the city. Proofs will be furnished for approval prior to sending to print. All artwork becomes the property of the City of Plano at the termination of this contract. Material Requirements Bill(Vendor furnished) Per attached Sample# 1. 8 '/2 inch X 11 inch White bond stock. Paper weight is 24/60 pound. Top Portion of bill is for customer retention and contains billing information. Bottom portion shall be perforated to produce a return stub 8'/z inches X 3 5/8 inches to be returned by customer with payment. All printing shall be laser imaging high quality print with 600 DPI or better. 2/0 ink colors; BLUE and Black, approved by City. Tri fold on perforation to fit a #10 window envelope. Print form single sided with occasional two sided (duplex). Bill print fonts include OCRA for automated scanning and processing. Proofs must be approved by the City with any programming change e prior to implementation of changes. Envelopes (Vendor Furnished) Vendor will deliver 5,000 additional envelopes (#10 mail out and #9 return) One time each month to City for in-house use. Delivery required is 3 days from date of order. C—' 0:,1.2003•s se'1 PPA CD7 PAGE�C�OF City of Plano Bid C138-G3 Mail Out Standard BRE#10 window left per attached Sample # 2. Window size must comply with USPS for utilization of bar code. Ability to include return mail processing codes if required. Return Standard BRE#9 per attached Sample# 3. Bar coded for return address. Mail Merging Envelope (Mai!Out1 Sufficient size to insert 100 bills into one envelope per attached Sample#4. May use mail label rather than bulk print, prefer addressing on the run with bill printing. Additional Inserts include (1) return envelope and one of each additional informational insert. Folding and Inserting Tri Fold statement to fit in Standard #10 mail out envelope. One fold shall be on the perforation creating the bill stub. Must have multiple page and selective inserting capabilities. Inserts include statement, return envelope and 3 additional flyers. Mailin Daily, (5 days per week) Turnaround—data in by 10:00 am, mail out same business day delivered to USPS bulk processing center. Invoicing Monthly or Biweekly. Invoicing should reflect separate services according to bid form. Specify details of special handling bills. List number of statements printed for the period. Only for work completed. Instructions on uploading an attachment through RFP Depot Once the vendor has clicked on the 'Place Offer' button, a screen will come up where they are able to enter their pricing and/or bid information. There is an 'Upload New' link next to the 'Attachments' heading on this page. To upload the attachment click on the 'Upload New' link, then in the new window that comes up click on the 'Browse' button, find the document on your hard drive that you are looking to upload and highlight it, click 'Open'. In the pop-up 'Upload Attachment' window the document heading will then be shown, click the 'Submit' button to save the uploaded document. The screen will then refresh and the document heading will be shown next to the 'Attachments' heading on the 'Submit Offer' page. Once all information is uploaded make sure to click the 'Submit Offer' at the bottom of the page. There will then be a confirmation page where the vendor needs to enter in their password and confirm the information that had been entered on the previous page. Oct 1,2003 3:5(3.41 PM CD? PAGE OF� City of Piano Bid C138-03 Criteria for Award The criteria to be used in determining the award will be the following in order of importance. 1. The extent to which the bidder meets the needs of the City. 2. Implementation schedule from date contract is signed to be submitted on the Implementation Time Line Work Sheet. 3. Reputation of the bidder. The names of three Clients and a five year Work History are to be provided on the attached Client Information and Work History Form. 4. The bidders past relationship with City. 5. Price submitted on Summary Bid Form and the Start Up and Other Costs Work Sheet ' 6. Downtime due to travel if vendor is located out of the local area. Pre-Bid meeting A pre-bid meeting will take place at Municipal Center, 1520 Ave K, 313 Conference Room on Tuesday, September 30, 2003 at 10.00am. Vendors are encouraged to attend this meeting. Those vendors who attend this meeting will not be required to arrange a separate on-site meeting as outlined below. On-Site Visit A mandatory on-site visit must be arranged with Tom Whitten,at 972-941-5159 by Tuesday, 2003 for all vendors planning to submit bids that did not attend the pre-bid meeting. October 7 p g Question Cut-Off Date The last day for vendors to submit questions in reference to this bid is Thursday, October 9, 2003. ADDITIONAL EXPENSES Vendors located outside the local DFW area will be required to pay for travel expenses including transportation, lodging and meals related to one City of Piano employee making an on site visit lasting one day two times annually. In addition, vendor will be responsible for all costs associated with 3 day delivery time which is required for the monthly shipments of 5,000 envelopes. FOB Prices quoted for items being delivered shall be FOB Destination City of Plano Customer/Utility Services, 1520 Avenue K, Plano, Texas 75074. Oct 4 1.2003 3:56:41 P;ACOT PAGE OF f t f West Side fj'ffic" 'Aull, I Ic at Cent2r•ifflt;t �P. K A-o�,.Sle V-21.; Infle."er'Gol:1CF, ovi P':;B 'q';15,W, Account X&Me: Cj7 ­2*0 e-810 1 TX Account Number: Hicars ll,'Iovday-i'i rikliiy 6:0,.1-5:00 97 2---_�4 1 1 C)A1 7 1,16 i I Service AddreSE; ['Ove by pj!imeriL br.x Pvoi ab!�! Account Type ijvaiiaVa Bill Date might dr;poAtory n'JI!iabir Service Period: SL)!id VVRI.'te.W 7ing-i'5'.) After hC..11ts eipeg gerw;�cz;.f72-72.-lC2,,' 99.22 00 F .00 98.22 C 0 711 7 L 7T_75j: Mater number Service Current Read Previous Read Consumption LAST BELL TYPI .9flona TOTAL PAID$INCE 81 JL -1 Al flIj i FALANCE FORWARD 4525 DRAiNAjE REFUSE REFUSE SVC SALES 1*!,,X Fy TOTAL,NEW CHARGES F AN C rg, U_ PIOV OCT SEP Al AgYggT)41S AMOUNT BY:0014 712003 This Year LaslYaar PA Current 051illy Average Us ace(in gallons)-1,127 F %PVate.r IaMscape oijy vj�sn and Ytlem named.Set sprinklers o to water r, n rmrL-,tj ian i-evice a week.Walef rLry si�xlts by hand more often,Doll W water piizdle or r.jn-olf on to pa ver.16111. Pay yo;-,r hill at wtm.plano.gov Dijje date applies tll ONILY. Any balance forward is due wlw ff Please aliow 7 days for mailing paymen'.I SEFORETEA.RiNG-W,'.Tl,jRN 6(rITOVI p0RT10£�j'qNJ,Tl,i VC)OR CILIY 01 m;!YCE Ct-iFCKS PA,�AFL=TO THE PLAN •UTILMES Account Number; 'DUE DATE: 0911712,003 Service Address AMOUNT DUE. 991,22 .......... f-0 8O a 117, 10r5 13 0 9 2 2 C 02 Q'I D fu L i�&A S jj 9 7 C.Ojij wL','V T,1-k F=t�, EX H k3l T PAGE f r 'II CITY OF PLANO P.0.mu 16 m K#JATB1U876W IM ADORES&SERVICE FMMTEO RiTm Eib v u b �tp±�`rx nsave-i�a { j� MY OF PLANO v� RECIPIENT'S ADDRESS n; it� f4 a .. i lE r I f I � =f � 1 v'^ i PMW _ THE CITY OF PLANO P O BOX 861.990 PLAIVQ TX 75006-1990 Raw OF W i - � we�oowra�ne.aw.,. � • . M W • J ; City of Plano Bid C138-03 Vendor Acknowledgement Page The undersigned hereby certifies that he/she understands the specifications,has read the document in its entirety and that the prices submitted in this bid/proposal have been carefully reviewed and are submitted as correct and final. Vendor further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered,and upon conditions in the specifications of the Invitation for Bid/Proposal. The following information must be filled out in its entirety for your bid/proposal to be considered: Company Name: Address of Principal Place of Business: Phone of Principal Place of Business: Fax of Principal Place of Business: Address,Phone/Fax Number of Majority Owner Principal Place of Business: A E-mail Address of Representative: Authorized Representative Name: Authorized Representative Title: Date: Acknowledgement of Addenda: #1 r #2 r #3 F #4 f— #5 F J9_Oct 1.'200 3 3 58:-11 PIM COT AiL City of Plano Bid 0138-03 NCTRCA VERBIAGE IT IS THE POLICY OF THE CITY OF PLANO TO INVOLVE SMALL BUSINESSES AND MINORITY/WOMAN OWNED BUSINESSES TO THE GREATEST EXTENT POSSIBLE IN THE PROCUREMENT OF GOODS, EQUIPMENT, SERVICES,AND CONSTRUCTION PROJECTS, THE CITY OF PLANO IS A PARTICIPATING MEMBER OF THE NORTH CENTRAL TEXAS REGIONAL CERTIFICATION AGENCY(NCTRCA). FOR ASSISTANCE IN SECURING SERVICES FROM MINORITY OR WOMAN OWNED FIRMS CERTIFIED BY THE NCTRCA, CONTACT THE CITY OF PLANO PURCHASING DIVISION, 972 941-7557. TO ASSIST US WITH OUR RECORDKEEPING,VENDOR SHOULD IDENTIFY ANY SMALL/MINORITY/WOMAN-OWNED COMPANY BEING UTILIZED IN THIS BID AND NOTE THE MONETARY INVOLVEMENT. Oct 1.2003 3:56:41 PM CO-11 r'i?uF. ?3 . City of Plano Bid C138-03 Questions and Answers Question What is the value of the current contract for these services?Who is the current vendor for this contract? (Submitted: Sep 19, 2003 9:00:38 AM CDT) Answer • The estimated annual amount awarded was$105,000.The current vendor is Data Prose Inc. (Answered:Sep 22, 2003 12:29:23 PM CDT) Question Does the vendor need to be located within a certain distance of Plano,TX?Is a California vendor acceptable? (Submitted:Sep 19,2003 7:48:08 PM CDT) Answer • Yes,a California vendor is acceptable. (Answered:Sep 22, 2003 12:35:37 PM CDT) Question Well how about an Ohio vendor?(Submitted:Sep 24,2003 7:45:05 AM CDT) Answer • Yes an Ohio vendor is acceptable.(Answered: Sep 26,2003 7:56:22 AM CDT) Question At an annual contract of$105,000 are you covering mailing of 80000'12(960,000)pieces.That comes to barely$0.10 per piece?What about postage?(Submitted: Sep 24,2003 1:06:52 PM CDT) Answer • This does not include actual postage"stamp"costs.The City of Plano pays for the stamps. (Answered:Sep 26, 2003 7:59:26 AM CDT) Question Does the annual contract amount of$105,000 include all stock items, imaging,mailing,and web archiving services? (Submitted:Sep 26,2003 3:46:22 PM CDT) Answer • The current contract amount is$105,000.00.It does not include electronic imaging requirements. All stock items are the responsibility of the vendor to print and store.Printing of stock items will be accomplished only after a proof has been presented and approved by the city. The new contract amount will need to include all items according to page 27 of the Solicitation for bill printing and mailing.Any costs not listed on this page should be listed separately on a separate page. (Answered: Sep 30,2003 9:26:17 AM CDT) I Oct 1,2003 3:56:41 P?o1 CJT Y' v tYYt�JF �`� City of Plano Bid C138.03 Questions and Answers Question Your specifications call for 2/0 ink-blue and black.Do you intend for both blue and black ink to be used in the course of laser printing or does the form have portions preprinted in blue and black and the vendor will only be laser printing using black ink?(Submitted: Sep 18,2003 8:28:49 AM CDT) Answer • Blue and black laser printing(2 color print).No preprinted forms. (Answered: Sep 22, 2003 3:09:10 PM CDT) Question Are you opposed to lasering only in black and pre-printing the blue sections?(Submitted: Sep 22,2003 3:47:47 PM CDT) Answer • We will consider this as an option if included in the proposal.(Answered:Sep 23,2003 10:50:29 AM CDT) • The word"proposal"should be"bid"in the answer.(Answered:Sep 23, 2003 10:53:45 AM CDT) Oct 1.20,03-3:56:41 Piv3 COT .(/ 5-7. City of Plano Bid C138.03 Questions and Answers Question When are the files transmitted,and what is the expected turn around for these files?(Submitted:Sep 26, 2003 10:58:24 AM CDT) Answer • Files transmitted prior to 10:00 am for bills mailed out same day. (Answered: Sep 26,2003 3:06:27 PM CDT) OC 1.2003':56:41 PtA CD" City of Plano Bid C138-03 Questions and Answers Question What is the yearly quantity used for the Catalog Envelopes?(Submitted: Sep 19,2003 10:46:40 AM CDT) Answer • The estimated volume is 800 per month as shown on the Bid Form or 12x800=9,600 yearly. (Answered:Sep 22, 2003 12:44:09 PM CDT) Oct,.20033.56:41 Ph1 CC; City of Plano Bid C138-03 GENERAL CONDITIONS OF BIDDING ELECTRONIC AND/OR PAPER BASED BIDS I, REQUIRED INFORMATION: CITY OF PLANO BID PACKETS CONTAIN VARIOUS SECTIONS REQUIRING COMPLETION. THE BID FORM SECTION OF THE BID PACKET MUST BE COMPLETED PRIOR TO THE DATE AND TIME SET FOR BID OPENING AND INCLUDED WITH THE BID PACKET OR THE VENDOR WILL BE FOUND NON-RESPONSIVE. VENDORS MAY BE REQUIRED TO COMPLETE AND SUPPLY ALL INFORMATION CONTAINED IN THE"SUPPLEMENTAL INFORMATION"PORTION OF THE PACKET AT A DATE AFTER BID OPENING.FAILURE TO COMPLETE"SUPPLEMENTAL INFORMATION"REQUIREMENTS IN A TIMELY MANNER,PRIOR TO COUNCIL AWARD, MAY BE USED BY THE CITY IN DETERMINING A VENDOR'S RESPONSIBILITY. 2. INSTRUCTIONS: THESE INSTRUCTIONS APPLY TO ALL QUOTATIONS AND BECOME A PART OF TERMS AND CONDITIONS OF ANY BID PACKET SUBMITTED. 3. THESE GENERAL CONDITIONS APPLY TO ANY PROCUD°MENT OF PRODUCT OR SEA VICES THAT EXCEED SZS 000.00 IN COST. 4. ERROR-QUANTITY: BID PRICE MUST BE SUBMITTED ON UNITS OF QUANTITY SPECIFIED, EXTEND,AND TOTAL SHOWN.IN THE EVENT OF DISCREPANCIES IN EXTENSIONS,THE UNIT PRICE SHALL GOVERN. 5. MAKE-MODEL: PLEASE QUOTE AS LISTED OR GIVE EQUAL. IF ITEM OFFERED IS OTHER THAN AS INDICATED,BIDDER MUST STATE MAKE,MODEL,AND PART NUMBER OF PRODUCT QUOTED. EQUALITY WILL BE DETERMINED BY THE SPECIFICATIONS._ 6. SPLIT AWARD: THE CITY OF PLANO RESERVES THE RIGHT TO AWARD A SEPARATE CONTRACT TO SEPARATE VENDORS FOR EACH ITEM/GROUP OR TO AWARD ONE CONTRACT FOR THE ENTIRE BID. ALTERNATE.RNATE AWARD: THE CITY OF PLANO RESERVES THE RIGHT TO AWARD A VENDOR'S BID AS AN"ALTERNATE AWARD". THE ALTERNATE VENDOR'S BID SHALL REMAIN IN EFFECT FOR THE TERM OF THE AWARDED CONTRACT. SHOULD THE PRIMARY VENDOR BEOME UNABLE OR 7. UNWILLING TO COMPLETE THE CONTRACT TERM,THE ALTERNATE VENDOR WILL BE NOTIFIED IN WRITING OF THEIR OFFICIAL CONTRACT AND START DATE. ALL TERMS AND CONDITIONS OF THE ORIGINAL BID WILL REMAIN IN EFFECT. 8. PRICING: BID PRICES)QUOTED MUST BE HELD FIRM FOR NINETY(90)DAYS TO ALLOW FOR EVALUATION UNLESS OTHERWISE STATED IN THIS DOCUMENT. 9. FOB/DAMAGE: QUOTATIONS SHALL BE BID F.O.B DELIVERED,MUNICIPAL FACILITY,PLANO, TX,AND SHALL INCLUDE ALL DELIVERY AND PACKAGING COSTS. THE CITY OF PLANO ASSUMES NO LIABILITY FOR GOODS DELIVERED IN DAMAGED OR UNACCEPTABLE CONDITION. THE SUCCESSFUL BIDDER SHALL HANDLE ALL CLAIMS WITH CARRIERS,AND IN CASE OF DAMAGED GOODS,SHALL SHIP REPLACEMENT GOODS IMMEDIATELY UPON NOTIFICATION BY THE CITY OF DAMAGE. 10. INVOICES: INVOICES MUST BE SUBMITTED BY THE SUCCESSFUL BIDDER IN DUPLICATE TO THE CITY OF PLANO,ACCOUNTING DEPARTMENT,P.O.BOX 860279,PLANO,TX,75086-0279. 11. PAYMENT TERMS; PAYMENT TERMS ARE NET 30 UNLESS OTHERWISE SPECIFIED BY THE CITY IN THIS BID PACKET. 12. TAXES: THE CITY OF PLANO IS EXEMPT FROM FEDERAL MANUFACTURER'S EXCISE AND STATE SALES TAX. TAX MUST NOT BE INCLUDED IN BID. TAX EXEMPTION CERTIFICATES WILL BE EXECUTED BY THE CITY AND FURNISHED UPON REQUEST. 13. SPECIFICATION-SAMPLES_ ANY CATALOG,BRAND NAMES,OR MANUFACTURER'S REFERENCE IN THIS BID PACKET IS DESCRIPTIVE AND NOT RESTRICTIVE,AND IS USED TO INDICATE TYPE AND QUALITY LEVEL DESIRED FOR COMPARISON PURPOSES UNLESS OTHERWISE NOTED. BIDS ON BRANDS OF LIKE NATURE AND QUALITY MAY BE CONSIDERED UNLESS SPECIFICALLY EXCLUDED. SAMPLES,IF REQUIRED,SHALL BE FURNISHED FREE OF EXPENSE TO THE CITY. SAMPLES SHOULD NOT BE ENCLOSED WITH BID UNLESS REQUESTED. 14. DELIVERY PROMISE-PENALTIES_ QUOTATIONS MUST SHOW THE NUMBER OF CALENDAR Oct 1.2003 3:56:41 PM COT City of Plano Bid 0138-03 DAYS REQUIRED TO PLACE THE MATERIALS IN THE POSSESSION OF THE CITY. DO NOT QUOTE SHIPPING DATES. WHEN DELIVERY DELAY CAN BE FORESEEN,THE BIDDER SHALL GIVE PRIOR NOTICE TO THE PURCHASING DIVISION,WHO SHALL HAVE THE RIGHT TO EXTEND THE DELIVERY DATE IF REASONS FOR DELAY APPEAR ACCEPTABLE. DEFAULT IN PROMISED DELIVERY,WITHOUT ACCEPTABLE REASONS,OF FAILURE TO MEET SPECIFICATIONS, AUTHORIZES THE PURCHASING DIVISION TO PURCHASE GOODS ELSEWHERE,AND CHARGE ANY INCREASE IN COST AND HANDLING TO THE DEFAULTING BIDDER. I5. PACKAGING: UNLESS OTHERWISE INDICATED,ITEMS WILL BE NEW,UNUSED,AND IN FIRST RATE CONDITION IN CONTAINERS SUITABLE FOR DAMAGE-FREE SHIPMENT AND STORAGE. 16. CORRESPONDENCE: THE NUMBER OF THIS BID PACKET MUST APPEAR ONALL CORRESPONDENCE,INQUIRIES,ETC.PERTAINING TO THIS QUOTATION. 17. DELIVERY TIMES:DELIVERIES WILL BE ACCEPTABLE ONLY DURING NORMAL WORKING HOURS AT THE DESIGNATED CITY MUNICIPAL FACILITY. 18. PATENT RIGHTS: THE VENDOR AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY CLAIM INVOLVING PATENT RIGHT INFRINGEMENT OR COPYRIGHTS ON GOODS SUPPLIED 19. EVALUATION: THE CITY OF PLANO WILL AWARD ALL BIDS TO THE "LOWEST RESPONSIBLE BIDDER"UNLESS THE SPECIFICATION CALLS FOR ANOTHER EVALUATION METHOD TO BE USED. 20. FUNDING: THE CITY OF PLANO IS A HOME-RULE MUNICIPAL CORPORATION OPERATED AND FUNDED ON AN OCTOBER 1 TO SEPTEMBER 30 BASIS;ACCORDINGLY,THE CITY RESERVES THE RIGHT TO TERMINATE,WITHOUT LIABILITY TO THE CITY,ANY CONTRACT FOR WHICH FUNDING IS NOT AVAILABLE. 21. ASSIGNMENT: THE SUCCESSFUL BIDDER SHALL NOT SELL,ASSIGN,TRANSFER OR CONVEY THIS CONTRACT IN WHOLE,OR PART,WITHOUT THE PRIOR WRITTEN CONSENT OF THE PURCHASING DIVISION. 22, INTERi OCAL AGREEMENT: SUCCESSFUL BIDDER AGREES TO EXTEND PRICES AND TERMS TO ALL ENTITIES WHO HAVE ENTERED INTO OR WILL ENTER INTO JOINT PURCHASING INTERLOCAL COOPERATION AGREEMENTS WITH THE CITY OF PLANO. 23. AUDIT: THE CITY OF PLANO RESERVES THE RIGHT TO AUDIT THE RECORDS AND PERFORMANCE OF SUCCESSFUL BIDDER DURING THE CONTRACT AND FOR THREE YEARS THEREAFTER. 24. INSURANCE: THE CITY REQUIRES VENDER(S)TO CARRY THE MINIMUM INSURANCE AS REQUIRED BY STATE LAWS. 25, PROTESTS. ALL PROTESTS REGARDING THE BID SOLICITATION PROCESS MUST BE SUBMITTED IN WRITING TO THE PURCHASING MANAGER WITHIN FIVE(5)WORKING 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 PROTESTS RELATING TO ALLEGED IMPROPRIETIES OR AMBIGUITIES IN THE SPECIFICATIONS. THE 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 COUNCIL BY CONTACTING THE CITY SECRETARY. ALL STAFF RECOMMENDATIONS WILL BE MADE AVAILABLE FOR PUBLIC REVIEW PRIOR TO CONSIDERATION BY THE CITY COUNCIL. 26. WITHDRAWAL OF BIDS: A BID PRICE MAY NOT BE WITHDRAWN OR CANCELED BY THE BIDDER FOR A PERIOD OF NINETY(90)DAYS FOLLOWING THE DATE DESIGNATED FOR THE RECEIPT OF BIDS WITHOUT WRITTEN APPROVAL OF PURCHASING MANAGER,AND BIDDER SO AGREES UPON SUBMITTAL OF BID. 27. CHANGE ORDERS• NO ORAL STATEMENT OF ANY PERSON SHALL MODIFY OR OTHERWISE CHANGE,OR AFFECT THE TERMS,CONDITIONS OR SPECIFICATIONS STATED IN THE RESULTING CONTRACT. ALL CHANGE ORDERS TO THE CONTRACT WILL BE MADE IN WRITING BY THE CITY OF PLANO. 28. ADDENDA: ANY INTERPRETATIONS,CORRECTIONS OR CHANGES TO THIS BID PACKET WILL BE MADE BY ADDENDA. SOLE ISSUING AUTHORITY SHALL BE VESTED IN THE CITY OF PLANO 2fNJ3 l56:41 PM COT ' `i City of Plano Bid C138-03 PURCHASING DIVISION. ADDENDA WILL BE SENT TO ALL WHO ARE KNOWN TO HAVE RECEIVED A COPY OF THIS BID PACKET. IF THE ADDENDA CONTAINS CHANGES TO THE"SPECIFICATION" OR"BID FORM",BIDDERS SHALL ACKNOWLEDGE RECEIPT OF ALL ADDENDA OR THEY WILL BE DECLARED NON-RESPONSIVE. 29, MINIMUM STANDARDS FOR RESPONSIBLE PROSPJFCT—IVF.BIDDERS: A PROSPECTIVE BIDDER MUST AFFIRMATIVELY DEMONSTRATE BIDDER'S RESPONSIBILITY. THE CITY OF PLANO MAY REQUEST REPRESENTATION AND OTHER INFORMATION SUFFICIENT TO DETERMINE BIDDER'S ABILITY TO MEET THESE MINIMUM STANDARDS INCLUDING BUT NOT LIMITED TO: A. HAVE ADEQUATE FINANCIAL RESOURCES,OR THE ABILITY TO OBTAIN SUCH RESOURCES AS REQUIRED; B. BE ABLE TO COMPLY WITH THE REQUIRED OR PROPOSED DELIVERY SCHEDULE; C. HAVE SATISFACTORY RECORD OF PERFORMANCE; D. HAVE A SATISFACTORY RECORD OF INTEGRITY AND ETHICS; E. BE OTHERWISE QUALIFIED AND ELIGIBLE TO RECEIVE AN AWARD; 30. CONTRACTOR SHALL RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS,AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES,INJURIES(INCLUDING DEATH),CLAIMS,PROPERTY DAMAGES(INCLUDING LOSS OF USE),LOSSES,DEMANDS,SUITS, JUDGMENTS AND COSTS,INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES,IN ANY WAY ARISING OUT OF,RELATED TO,OR RESULTING FROM THE PERFORMANCE OF THE WORK OR CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONTRACTOR,ITS OFFICERS,AGENTS, EMPLOYEES,SUBCONTRACTORS,LICENSEES,INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM CONTRACTOR IS LEGALLY RESPONSIBLE(HEREINAFTER"CLAIMS"). CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION,CITY SHALL HAVE THE RIGHT TO SELECT OR TO APPROVE DEFENSE COUNSEL TO BE RETAINED BY CONTRACTOR IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY,UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER,CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONTRACTOR'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONTRACTOR'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS CONTRACT. CONTRACTOR SHALL RETAIN CITY APPROVED DEFENSE COUNSEL WITHIN SEVEN(7)BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS CONTRACT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. 31. TERMINATION FOR DEFAULT: THE CITY OF PLANO RESERVES THE RIGHT TO ENFORCE THE PERFORMANCE OF THIS CONTRACT IN ANY MANNER PRESCRIBED BY LAW OR DEEMED TO BE IN THE BEST INTEREST OF THE CITY IN THE EVENT OF BREACH OR DEFAULT OF THIS CONTRACT. THE CITY RESERVES THE RIGHT TO TERMINATE THE CONTRACT IMMEDIATELY IN THE EVENT THE SUCCESSFUL BIDDER FAILS TO 1) MEET DELIVERY SCHEDULES OR,2) OTHERWISE PERFORM IN ACCORDANCE WITH THESE SPECIFICATIONS. BREACH OF CONTRACT OR DEFAULT AUTHORIZES THE CITY TO AWARD TO ANOTHER BIDDER,PURCHASE ELSEWHERE AND CHARGE THE FULL INCREASE IN COST AND HANDLING TO THE DEFAULTING SUCCESSFUL BIDDER. 32. TESTING: TESTING MAY BE PERFORMED AT THE REQUEST OF THE CITY OR ANY PARTICIPATING ENTITY,BY AN AGENT SO DESIGNATED,WITHOUT EXPENSE TO THE CITY. 33. REMEDIES: THE SUCCESSFUL BIDDER AND THE CITY OF PLANO AGREE THAT EACH PARTY HAVE RIGHTS,DUTIES,AND REMEDIES AVAILABLE AS STATED IN THE UNIFORM COMMERCIAL CODE AND ANY OTHER AVAILABLE REMEDY,WHETHER IN LAW OR EQUITY. 34. VENUE: THIS AGREEMENT WILL BE GOVERNED AND CONSTRUCTED ACCORDING TO THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN COLLIN COUNTY,TEXAS. 35. SILENCE OF SPECIFICATION: THE APPARENT SILENCE OF THESE SPECIFICATIONS AS TO ANY DETAIL OR TO THE APPARENT OMISSION FROM IT OF A DETAILED DESCRIPTION CONCERNING ANY POINT,SHALL BE REGARDED AS MEANING THAT ONLY THE BEST COMMERCIAL PRACTICES Oct 1.2`333 3::,%-'41 PDA CDT City of Piano Bid 0138-03 ARE TO PREVAIL. ALL INTERPRETATIONS OF THESE SPECIFICATIONS SHALL BE MADE ON THE BASIS OF THIS STATEMENT. 36. NO PROHIBITED INTEREST: BIDDER ACKNOWLEDGES AND REPRESENTS THAT THEY ARE AWARE OF THE LAWS,CITY CHARTER,AND CITY CODE OF CONDUCT REGARDING CONFLICTS OF INTEREST. THE CITY CHARTER STATES THAT"NO OFFICER OF EMPLOYEE OF THE CITY SHALL HAVE A FINANCIAL INTEREST,DIRECT OR INDIRECT,IN ANY CONTRACT WITH THE CITY,NOR SHALL BE FINANCIALLY INTERESTED,DIRECTLY OR INDIRECTLY,IN THE SALE TO THE CITY OF ANY LAND,OR RIGHTS OR INTEREST IN ANY LAND,MATERIALS,SUPPLIES OR SERVICE.......". 37. NO BID: IF BIDDER DOES NOT WISH TO BID AT THIS TIME BUT WISHES TO REMAIN OF THE BID LIST FOR THIS PRODUCT/SERVICE,PLEASE SUBMIT A"NO BID"BY THE SAME TIME AND AT SAME LOCATION AS STATED FOR BIDDING. 38. PREPARATION COST: THE CITY WILL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH THE PREPARATION,TRANSMITTAL,OR PRESENTATION OF ANY BIDS OR MATERIALS SUBMITTED IN RESPONSE TO ANY BID,QUOTATION,OR BID. 39. 1MINOR DEFECT: THE CITY RESERVES THE RIGHT TO WAIVE ANY MINOR DEFECT, IRREGULARITY,OR INFORMALITY IN ANY BID. THE CITY MAY ALSO REJECT ANY OR ALL BIDS WITHOUT CAUSE PRIOR TO AWARD. 40. BID OPENINGS:ALL BIDS SUBMITTED WILL BE READ AT THE CITY'S REGULARLY SCHEDULED BID OPENING FOR THE DESIGNATED PROJECT. HOWEVER,THE READING OF A BID AT BID OPENING SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS,CITY OF PLANO PURCHASING GUIDELINES,AND PROJECT DOCUMENTS,INCLUDING BUT NOT LIMITED TO THE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDE R UPON AWARD OF THE CONTRACT AND,ACCORDING TO STATE LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. 41. K r i�':LE„/ ECYCLABLE PRODUCTS PROCUREMENT POLICY• IT IS THE POLICY OF THE CITY OF PLANO THAT WHENEVER PRACTICAL,PRODUCTS SHOULD BE PURCHASED WHICH CONTAIN THE HIGHEST PERCENTAGE OF POST-CONSUMER RECOVERED MATERIAL AVAILABLE IN THE MARKETPLACE AND/OR THE HIGHEST PERCENTAGE OF PRE-COMSUMER RECOVERED MATERIAL AVAILABLE IN THE MARKETPLACE.FOR A COMPLETE COPY OF THE RECYCLED/RECYCLABLE PRODUCTS PROCUREMENT POLICY",CONTACT THE PURCHASING DIVISION_ 42. NON-RESIDENT BIDDERS:TEXAS GOVERNMENT CODE,CHAPTER 2252: NON-RESIDENT BIDDERS. TEXAS LAW PROHIBITS CITIES AND GOVERNMENTAL UNITS FROM AWARDING CONTRACTS TO A NON-RESIDENT UNLESS THE AMOUNT OF SUCH BID IS LOWER THAN THE LOWEST BID BY A TEXAS RESIDENT BY THE AMOUNT A TEXAS RESIDENT WOULD BE REQUIRED TO UNDERBID IN THE NON-RESIDENT BIDDERS STATE. 43. TRANSACTION FEES: BEGINNING DECEMBER 1,2002,THE CITY OF PLANO WILL USE RFPDEPOT TO DISTRIBUTE AND RECEIVE BIDS AND PROPOSALS.RESPONDING VENDORS AGREE TO PAY TO RFPDEPOT A TRANSACTION FEE OF ONE PERCENT(1%)OF THE TOTAL AWARDED AMOUNT(2% ON AGGREGATED BIDS)OF ALL CONTRACTS FOR GOODS AND/OR SERVICES AWARDED TO THE VENDOR UNLESS STATED OTHERWISE IN THE BID DOCUMENT.TO ASSURE THAT ALL VENDORS ARE TREATED EQUALLY,THE FEE WILL BE PAYABLE WHETHER THE BID/PROPOSAL IS SUBMITTED ELECTRONICALLY,OR BY PAPER MEANS.REFER TO WWW.RFPDEPOT.COM FOR FURTHER INFORMATION. GENERAL CONDITIONS OF BIDDING ADDITIONAL INSTRUCTIONS FOR PAPER BIDS ONLY BID SUMMARY SHEET: BIDDERS DESIRING A COPY OF THE BID PRICE SUMMARY SHEET MAY REQUEST SAME BY ENCLOSING A SELF-ADDRESSED STAMPED ENVELOPE WITH BID. BE, US LTS Oct 1,2003'3 55'41 P,4.1 CUT City of Piano Bid C138-03 WILL NOT BF GIVEN BY TELEPHONE. IF YOU HAVE ANY QUESTIONS,PLEASE CONTACT THE CITY OF PLANO PURCHASING DIVISION AT(972)941-7557. 2. LATE BIDS- BID PACKETS RECEIVED IN THE PURCHASING DIVISION AFTER SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. THE CITY OF PLANO IS NOT RESPONSIBLE FOR THE LATENESS OF MAIL CARRIER,WEATHER CONDITIONS,ETC. 3, ALTERING BIDS: BID PRICES CANNOT BE ALTERED OR AMENDED AFTER SUBMISSION DEADLINE. ANY INTERLINEATION ALTERATION OR ERASURE MADE BEFORE OPENING TIME MUST BE INITIALED BY THE SIGNER OF THE BID,GUARANTEEING AUTHENTICITY. 4. PRESENTATION OF BIDS: COMPLETE BID PACKETS MUST BE PRESENTED TO THE PURCHASING DIVISION IN A SEALED ENVELOPE. (� P �--�. Oct,1,2003 3:56:41 PNI IDT f - City of Plano Bid C138-03 Written Contract Verbiage The successful vendor must execute a CONTRACT within ten (10)days after receipt of documents. ProposerNendor agrees to submit to the City, a corporate resolution, certificate of partnership, partnership agreement or joint venture agreement which identifies the person(s)authorized to execute a contract on behalf of the corporation, partnership or joint venture. 'A Oct 1.2003 3'56:41 PM CDT � l+r — ` City of Piano Bid C13"3 IMPLEMENTATION TIME LINE WORK SHEET Days required for implementation from date of contract signing Days Oct 1,2003 3:,=,6:a1 PM CUT City of Plano Bid CUS-03 MONTHLY PRICE WORK SHEET The calculated monthly prices in the monthly price column below should be entered in the monthly cost column of the Summary Bid Form,which will calculate the total annual cost. Item Service/product Monthly Volume Unit Price tier unit Monthly P is 1 Data processing, simplex, 2-color laser imaging, 8.5x11 White bond paper, with perf at 3.5 inches from bottom, fold, insert, selectively insert, process, presort, CASS certify, and deliver to USPS. (Does not include envelope costs) 75,000 F— 1,000 �— 2 Additional images 75,000 1 1,000 3 Hand Inserting of multiples 800 1 piece 4 Transmission daily of data files 20 day (� 5 Courier service 4 event 6 Preprinted #10 Std. Window Envelope, 1/0 75,000 1,000 ` 7 Preprinted #9 BRE Envelope, plain, 1/0 75,000 1,000 8 9X12 Catalog, window 800 1,000 envelope (merging) 9 Internet PDF image and access 75,000 1,000 10 Electronic bill image file for archive purposes (CD) (PDF) 1 �� file * Start up cost and any additional costs not covered above should be listed on the Start Up And Any Additional Costs Work Sheet. Custom programming charge per hour for informational purposes only: $ . Oct 1.2003 3:56:411 Pts1 CG- �4____ CRY of Plano Bid C138-03 START UP AND ANY OTHER COSTS WORKSHEET . �Tr�iii 1 tit 1.2003:1:56:47 Poi COT `I City of Plano Bid C13&03 This agreement will contain a fixed pricing structure for the term of the agreement. Quantities shown are estimates and NOT a commitment to buy any specific quantity. Orders will be placed on a non- exclusive, "as needed",basis. Orders placed by the City of Plano will be done so utilizing Contract Release Orders (CRO's). All invoices must reference City of Plano CRO number. The City will have the right and option to extend the term of the agreement for 4 periods upon the same terms and conditions. The City will also have the right and option to terminate the agreement upon thirty(30)days written notice. Pict 1.2003 3:5i!41 PP;1 M City of Piano Bid C136-03 CLIENT INFORMATION AND WORK HISTORY 1. CLIENT NAME: CONTACT NAME: PHONE NUMBER: 2. CLIENT NAME: CONTACT NAME: PHONE NUMBER: 3. CLIENT NAME: CONTACT NAME: PHONE NUMBER: 4. WORK HISTORY AS SPECIFIED IN THE BID DOCUMENT: Jd t.2003 3:56:11 Prat CUT Page 1 of 1 DataProse A# THE 11 Y OF .AN C- r E X A SOLICITATION NO.C138-03 UTILITY BILL PRINTING AND MAILING SERVICES i#awkwii##w###a#kA##fw*ikwkiw#fwf#w##wf#iwki#MwkfwkN##kM#i DOCUMENTS ARE DUE PRIOR TO: Oct 16,2003 3:00:00 PM CDT NO LATE BIDS WILL BE ACCEPTED farrsr#wrrarriiiwwrwr#awrfwfr#ariari#rrr#iwf#fwwff+#fiwwfrrki DOCUMENTS MAY BE$UBMITT D ELECTRONICALLY TO: W"rfadepot corn DOCUMENTS MAY BE DELIVERED TO: CITY OF PLANO PURCHASING DIVISION 1520 AVENUE K SUITE 370 THIRD FLOOR PLANO,TX 75074 D CO UMEN_TS MAY BE MAILED TO: CITY OF PLANO PURCHASING DIVISION P.O.BOX 860358 PLANO,TX 75086-0358 fkr#+Yw#wirrff##N#i##rfffkir#kM#wwf f#wrrfwriw#wf#kf RHwlw#fff Bids will be publicly opened and read in the office of the Purchasing Manager. If mailed or delivered in person,write the bid number on the envelope in the lower left corner.Time Critical Bid/Propgsal Deliveries:The City of Plano can not guarantee, due to internal procedures,that any bidslproposals sent Priority Mail will be picked up and delivered by the closing date and time.It is recommended that critical bid/proposal deliveries be made either in person or via an alternate delivery method. PAGE 1 /�'2 11)nnn Page 1 of 5 DataProse GENERAL_CQNDITIONS OF BIDDING El ECTRONI_ D BIDS 1. REQUIRE ( MATION: CITY OF PLANO BID PACKETS CONTAIN VARIOUS SECTIONS REQUIRING COMPLETION. THE BID FORM SECTION OF THE BID PACKET MUST BE COMPLETED PRIOR TO THE DATE AND TIME SET FOR BID OPENING AND INCLUDED WITH THE BID PACKET OR THE VENDOR WILL BE FOUND NON-RESPONSIVE. VENDORS MAY BE REQUIRED TO COMPLETE AND SUPPLY ALL INFORMATION CONTAINED IN THE"SUPPLEMENTAL INFORMATION" PORTION OF THE PACKET AT A DATE AFTER BID OPENING. FAILURE TO COMPLETE"SUPPLEMENTAL INFORMATION" REQUIREMENTS IN A TIMELY MANNER, PRIOR TO COUNCIL AWARD, MAY BE USED BY THE CITY IN DETERMINING A VENDOR'S RESPONSIBILITY. 2. INSTRUCTIONS: THESE INSTRUCTIONS APPLY TO ALL QUOTATIONS AND BECOME A PART OF TERMS AND CONDITIONS OF ANY BID PACKET SUBMITTED. 3. THESE GENERAL CONDITIONS APPL OF PRODUCT OR SERVICES THAT EXCEED$25.000.00/N COST. 4. ERROR!12UANTITY: BID PRICE MUST BE SUBMITTED ON UNITS OF QUANTITY SPECIFIED, EXTEND, AND TOTAL SHOWN. IN THE EVENT OF DISCREPANCIES IN EXTENSIONS, THE UNIT PRICE SHALL GOVERN. 5. MAKE-MODEL: PLEASE QUOTE AS LISTED OR GIVE EQUAL. IF ITEM OFFERED IS OTHER THAN AS INDICATED, BIDDER MUST STATE MAKE, MODEL,AND PART NUMBER OF PRODUCT QUOTED. EQUALITY WILL BE DETERMINED BY THE SPECIFICATIONS. 6. SPLIT AWARD: THE CITY OF PLANO RESERVES THE RIGHT TO AWARD A SEPARATE CONTRACT TO SEPARATE VENDORS FOR EACH ITEM/GROUP OR TO AWARD ONE CONTRACT FOR THE ENTIRE BID. ALTERNATE AWARD: THE CITY OF PLANO RESERVES THE RIGHT TO AWARD A VENDOR'S BID AS AN"ALTERNATE AWARD". THE ALTERNATE VENDOR'S BID SHALL REMAIN IN EFFECT FOR 7 THE TERM OF THE AWARDED CONTRACT. SHOULD THE PRIMARY VENDOR BEOME UNABLE OR UNWILLING TO COMPLETE THE CONTRACT TERM, THE ALTERNATE VENDOR WILL BE NOTIFIED IN WRITING OF THEIR OFFICIAL CONTRACT AND START DATE. ALL TERMS AND CONDITIONS OF THE ORIGINAL BID WILL REMAIN IN EFFECT. 8. PRICING: BID PRICE(S) QUOTED MUST BE HELD FIRM FOR NINETY(90) DAYS TO ALLOW FOR EVALUATION UNLESS OTHERWISE STATED IN THIS DOCUMENT. 9. F.O.B/DAMAGE: QUOTATIONS SHALL BE BID F.O.B DELIVERED, MUNICIPAL FACILITY, PLANO, TX, AND SHALL INCLUDE ALL DELIVERY AND PACKAGING COSTS. THE CITY OF PLANO ASSUMES NO LIABILITY FOR GOODS DELIVERED IN DAMAGED OR UNACCEPTABLE CONDITION. THE SUCCESSFUL BIDDER SHALL HANDLE ALL CLAIMS WITH CARRIERS, AND IN CASE OF DAMAGED GOODS, SHALL SHIP REPLACEMENT GOODS IMMEDIATELY UPON NOTIFICATION BY THE CITY OF DAMAGE. 10. INVOICES: INVOICES MUST BE SUBMITTED BY THE SUCCESSFUL BIDDER IN DUPLICATE TO THE CITY OF PLANO, ACCOUNTING DEPARTMENT, P.O. BOX 860279, PLANO, TX, 75086-0279, 11. PAYMENT TERMS: PAYMENT TERMS ARE NET 30 UNLESS OTHERWISE SPECIFIED BY THE CITY IN THIS BID PACKET. 12. TAXES: THE CITY OF PLANO IS EXEMPT FROM FEDERAL MANUFACTURER'S EXCISE AND STATE SALES TAX. TAX MUST NOT BE INCLUDED IN BID. TAX EXEMPTION CERTIFICATES WILL BE EXECUTED BY THE CITY AND FURNISHED UPON REQUEST. 13. SPECIFICATION-SAMPLES: ANY CATALOG, BRAND NAMES, OR MANUFACTURER'S REFERENCE IN THIS BID PACKET IS DESCRIPTIVE AND NOT RESTRICTIVE, AND IS USED TO INDICATE TYPE AND QUALITY LEVEL DESIRED FOR COMPARISON PURPOSES UNLESS OTHERWISE NOTED. BIDS ON BRANDS OF LIKE NATURE AND QUALITY MAY BE CONSIDERED UNLESS SPECIFICALLY EXCLUDED. SAMPLES, IF REQUIRED, SHALL BE FURNISHED FREE OF EXPENSE TO THE CITY. i�,- Page 2 of 5 SAMPLES SHOULD NOT BE ENCLOSED WITH BID UNLESS REQUESTED. 14. DELIVERY PROMISE-PENALTIES: QUOTATIONS MUST SHOW THE NUMBER OF CALENDAR DAYS REQUIRED TO PLACE THE MATERIALS IN THE POSSESSION OF THE CITY. DO NOT QUOTE SHIPPING DATES. WHEN DELIVERY DELAY CAN BE FORESEEN,THE BIDDER SHALL GIVE PRIOR NOTICE TO THE PURCHASING DIVISION, WHO SHALL HAVE.THE RIGHT TO EXTEND THE DELIVERY DATE IF REASONS FOR DELAY APPEAR ACCEPTABLE. DEFAULT IN PROMISED DELIVERY,WITHOUT ACCEPTABLE REASONS, OF FAILURE TO MEET SPECIFICATIONS, AUTHORIZES THE PURCHASING DIVISION TO PURCHASE GOODS ELSEWHERE,AND CHARGE ANY INCREASE IN COST AND HANDLING TO THE DEFAULTING BIDDER. 15. PACKAGING: UNLESS OTHERWISE INDICATED, ITEMS WILL BE NEW, UNUSED,AND IN FIRST RATE CONDITION IN CONTAINERS SUITABLE FOR DAMAGE-FREE SHIPMENT AND STORAGE. 16. CORRESPONDENCE: THE NUMBER OF THIS BID PACKET MUST APPEAR ONALL CORRESPONDENCE, INQUIRIES, ETC. PERTAINING TO THIS QUOTATION. 17. DELIVERY TIMES: DELIVERIES WILL BE ACCEPTABLE ONLY DURING NORMAL WORKING HOURS AT THE DESIGNATED CITY MUNICIPAL FACILITY. 18. PATENT RIGHTS: THE VENDOR AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY CLAIM INVOLVING PATENT RIGHT INFRINGEMENT OR COPYRIGHTS ON GOODS SUPPLIED 19. EVALUATION: THE CITY OF PLANO WILL AWARD ALL BIDS TO THE "LOWEST RESPONSIBLE BIDDER" UNLESS THE SPECIFICATION CALLS FOR ANOTHER EVALUATION METHOD TO BE USED. 20. FUNDING: THE CITY OF PLANO IS A HOME-RULE MUNICIPAL CORPORATION OPERATED AND FUNDED ON AN OCTOBER 130 SEPTEMBER 30 BASIS; ACCORDINGLY,THE CITY RESERVES THE RIGHT TO TERMINATE, WITHOUT LIABILITY TO THE CITY,ANY CONTRACT FOR WHICH FUNDING IS NOT AVAILABLE. 21, ASSIGNMENT: THE SUCCESSFUL BIDDER SHALL NOT SELL,ASSIGN, TRANSFER OR CONVEY THIS CONTRACT IN WHOLE, OR PART, WITHOUT THE PRIOR WRITTEN CONSENT OF THE PURCHASING DIVISION. 22. INTERLOCAL AGREEMENT: SUCCESSFUL BIDDER AGREES TO EXTEND PRICES AND TERMS TO ALL ENTITIES WHO HAVE ENTERED INTO OR WILL ENTER INTO JOINT PURCHASING INTERLOCAL COOPERATION AGREEMENTS WITH THE CITY OF PLANO. 23. AUDIT: THE CITY OF PLANO RESERVES THE RIGHT TO AUDIT THE RECORDS AND PERFORMANCE OF SUCCESSFUL BIDDER DURING THE CONTRACT AND FOR THREE YEARS THEREAFTER. 24. INSURANCE: THE CITY REQUIRES VENDER(S)TO CARRY THE MINIMUM INSURANCE AS REQUIRED BY STATE LAWS. 25. PROTESTS: ALL PROTESTS REGARDING THE BID SOLICITATION PROCESS MUST BE SUBMITTED IN WRITING TO THE PURCHASING MANAGER WITHIN FIVE(5)WORKING 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 PROTESTS RELATING TO ALLEGED IMPROPRIETIES OR AMBIGUITIES IN THE SPECIFICATIONS. THE 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 COUNCIL BY CONTACTING THE CITY SECRETARY. ALL STAFF RECOMMENDATIONS WILL BE MADE AVAILABLE FOR PUBLIC REVIEW PRIOR TO CONSIDERATION BY THE CITY COUNCIL. 26. WITHDRAWAL OF BIDS: A BID PRICE MAY NOT BE WITHDRAWN OR CANCELED BY THE BIDDER FOR A PERIOD OF NINETY(90) DAYS FOLLOWING THE DATE DESIGNATED FOR THE RECEIPT OF BIDS WITHOUT WRITTEN APPROVAL OF PURCHASING MANAGER,AND BIDDER SO AGREES UPON SUBMITTAL OF BID. 27. CHANGE ORDERS: NO ORAL STATEMENT OF ANY PERSON SHALL MODIFY OR OTHERWISE CHANGE, OR AFFECT THE TERMS, CONDITIONS OR SPECIFICATIONS STATED IN TH �� . �OFdc Page 3 of 5 RESULTING CONTRACT. ALL CHANGE ORDERS TO THE CONTRACT WILL BE MADE IN WRITING BY THE CITY OF PLANO. 28. ADDENDA: ANY INTERPRETATIONS, CORRECTIONS OR CHANGES TO THIS BID PACKET WILL BE MADE BY ADDENDA. SOLE ISSUING AUTHORITY SHALL BE VESTED IN THE CITY OF PLANO PURCHASING DIVISION. ADDENDA WILL BE SENT TO ALL WHO ARE KNOWN TO HAVE RECEIVED A COPY OF THIS BID PACKET. IF THE ADDENDA CONTAINS CHANGES TO THE "SPECIFICATION"OR"BID FORM", BIDDERS SHALL ACKNOWLEDGE RECEIPT OF ALL ADDENDA OR THEY WILL BE DECLARED NON-RESPONSIVE. 29. ,".'IN16"Uh'STANDARDS FOR RESPONSIBI F PROSPECTNE BIDDERS: A PROSPECTIVE BIDDER MUST AFFIRMATIVELY DEMONSTRATE BIDDER'S RESPONSIBILITY. THE CITY OF PLANO MAY REQUEST REPRESENTATION AND OTHER INFORMATION SUFFICIENT TO DETERMINE BIDDER'S ABILITY TO MEET THESE MINIMUM STANDARDS INCLUDING BUT NOT LIMITED TO: A. HAVE ADEQUATE FINANCIAL RESOURCES, OR THE ABILITY TO OBTAIN SUCH RESOURCES AS REQUIRED; B. BE ABLE TO COMPLY WITH THE REQUIRED OR PROPOSED DELIVERY SCHEDULE; C. HAVE SATISFACTORY RECORD OF PERFORMANCE; D. HAVE A SATISFACTORY RECORD OF INTEGRITY AND ETHICS; E. BE OTHERWISE QUALIFIED AND ELIGIBLE TO RECEIVE AN AWARD; 30. CONTRACTOR SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS,AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM THE PERFORMANCE OF THE WORK OR CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM CONTRACTOR IS LEGALLY RESPONSIBLE (HEREINAFTER "CLAIMS"). CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO SELECT OR TO APPROVE DEFENSE COUNSEL TO BE RETAINED BY CONTRACTOR IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONTRACTOR'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONTRACTOR'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS CONTRACT. CONTRACTOR SHALL RETAIN CITY APPROVED DEFENSE COUNSEL WITHIN SEVEN(7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS CONTRACT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. 31. TERMINATION FOR DEFAULT: THE CITY OF PLANO RESERVES THE RIGHT TO ENFORCE THE PERFORMANCE OF THIS CONTRACT IN ANY MANNER PRESCRIBED BY LAW OR DEEMED TO BE IN THE BEST INTEREST OF THE CITY IN THE EVENT OF BREACH OR DEFAULT OF THIS CONTRACT. THE CITY RESERVES THE RIGHT TO TERMINATE THE CONTRACT IMMEDIATELY IN THE EVENT THE SUCCESSFUL BIDDER FAILS TO 1) MEET DELIVERY SCHEDULES OR, 2) OTHERWISE PERFORM IN ACCORDANCE WITH THESE SPECIFICATIONS. BREACH OF CONTRACT OR DEFAULT AUTHORIZES THE CITY TO AWARD TO ANOTHER BIDDER, PURCHASE ELSEWHERE AND CHARGE THE FULL INCREASE IN COST AND HANDLING TO THE DEFAULTING SUCCESSFUL BIDDER. 32. TESTING: TESTING MAY BE PERFORMED AT THE REQUEST OF THE CITY OR ANY PARTICIPATING ENTITY, BY AN AGENT SO DESIGNATED, WITHOUT EXPENSE TO THE CITY. 33. REMEDIES: THE SUCCESSFUL BIDDER AND THE CITY OF PLANO AGREE THAT EACH PARTY HAVE RIGHTS, DUTIES, AND REMEDIES AVAILABLE AS STATED IN THE UNIFORM COMMERCIAL CODE AND ANY OTHER AVAILABLE REMEDY,WHETHER IN LAW OR EQUITY. cX4, 111 - PAGE OF Page 4 of 5 34. F OD VENUE: THIS STATE OF TEXAS. BE H S AGREEMENT IS PERFORMABLE IN COLLIN COUNTY, TEXAS. 35. SILENCE OF SpECIFICATjQtL THE APPARENT SILENCE OF THESE SPECIFICATIONS AS TO ANY DETAIL OR TO THE APPARENT OMISSION FROM IT OF A DETAILED DESCRIPTION CONCERNING ANY POINT,SHALL,BE REGARDED AS MEANING THAT ONLY THE BEST COMMERCIAL PRACTICES ARE TO PREVAIL. ALL INTERPRETATIONS OF THESE SPECIFICATIONS SHALL BE MADE ON THE BASIS OF THIS STATEMENT. 36. NO PROHIBITED INTEREST_: BIDDER ACKNOWLEDGES AND REPRESENTS THAT THEY ARE AWARE OF THE LAWS, CITY CHARTER, AND CITY CODE OF CONDUCT REGARDING CONFLICTS OF INTEREST. THE CITY CHARTER STATES THAT"NO OFFICER OF EMPLOYEE OF THE CITY SHALL HAVE A FINANCIAL INTEREST, DIRECT OR INDIRECT, IN ANY CONTRACT WITH THE CITY, NOR SHALL BE FINANCIALLY INTERESTED, DIRECTLY OR INDIRECTLY, IN THE SALE TO THE CITY OF ANY LAND, OR RIGHTS OR INTEREST IN ANY LAND, MATERIALS, SUPPLIES OR SERVICE.......". 37. NQ BID: IF BIDDER DOES NOT WISH TO BID AT THIS TIME BUT WISHES TO REMAIN OF THE BID LIST FOR THIS PRODUCT/SERVICE, PLEASE SUBMIT A"NO BID"BY THE SAME TIME AND AT SAME LOCATION AS STATED FOR BIDDING. 38. PREPARATION COST: THE CITY WILL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH THE PREPARATION,TRANSMITTAL, OR PRESENTATION OF ANY BIDS OR MATERIALS SUBMITTED IN RESPONSE TO ANY BID, QUOTATION, OR BID. 39. MINOR DEFECT: THE CITY RESERVES THE RIGHT TO WAIVE ANY MINOR DEFECT, IRREGULARITY, OR INFORMALITY IN ANY BID: THE CITY MAY ALSO REJECT ANY OR ALL BIDS WITHOUT CAUSE PRIOR TO AWARD. 40. BID OPENINGS:ALL BIDS SUBMITTED WILL BE READ AT THE CITY'S REGULARLY SCHEDULED BID OPENING FOR THE DESIGNATED PROJECT. HOWEVER,THE READING OF A BID AT BID OPENING SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS, CITY OF PLANO PURCHASING GUIDELINES, AND PROJECT DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO STATE LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. 41. RECYCLED/RECYCLABLE PRODUCTS PROCUREMENT POLICY: IT IS THE POLICY OF THE CITY OF PLANO THAT WHENEVER PRACTICAL, PRODUCTS SHOULD BE PURCHASED WHICH CONTAIN THE HIGHEST PERCENTAGE OF POST-CONSUMER RECOVERED MATERIAL AVAILABLE IN THE MARKETPLACE AND/OR THE HIGHEST PERCENTAGE OF PRE-COMSUMER RECOVERED MATERIAL AVAILABLE IN THE MARKETPLACE. FOR A COMPLETE COPY OF THE RECYCLED/RECYCLABLE PRODUCTS PROCUREMENT POLICY", CONTACT THE PURCHASING DIVISION. 42. NON-RESIDENT BIDDERS:TEXAS GOVERNMENT CODE, CHAPTER 2252: NON-RESIDENT BIDDERS.TEXAS LAW PROHIBITS CITIES AND GOVERNMENTAL UNITS FROM AWARDING CONTRACTS TO A NON-RESIDENT UNLESS THE AMOUNT OF SUCH BID IS LOWER THAN THE LOWEST BID BY A TEXAS RESIDENT BY THE AMOUNT A TEXAS RESIDENT WOULD BE REQUIRED TO UNDERBID IN THE NON-RESIDENT BIDDERS STATE. 43. TRANSACTION FEES: BEGINNING DECEMBER 1, 2002, THE CITY OF PLANO WILL USE RFPDEPOT TO DISTRIBUTE AND RECEIVE BIDS AND PROPOSALS. RESPONDING VENDORS AGREE TO PAY TO RFPDEPOT A TRANSACTION FEE OF ONE PERCENT(1%)OF THE TOTAL AWARDED AMOUNT(2%ON AGGREGATED BIDS)OF ALL CONTRACTS FOR GOODS AND/OR SERVICES AWARDED TO THE VENDOR UNLESS STATED OTHERWISE IN THE BID DOCUMENT. TO ASSURE THAT ALL VENDORS ARE TREATED EQUALLY,THE FEE WILL BE PAYABLE WHETHER THE BID/PROPOSAL IS SUBMITTED ELECTRONICALLY, OR BY PAPER MEANS. REFER TO WWW.RFPDEPOT.COM FOR FURTHER INFORMATION. �I1131-i . Page 5 of 5 GENERAL CQI�DITIONS OF BIDDING ADDITIONAL INSTRUCTIONS FOR PAPER BIDS ONLY 1. jD sUMN ARY SHEET: BIDDERS DESIRING A COPY OF THE BID PRICE SUMMARY SHEET MAY REQUEST SAME BY ENCLOSING A SELF-ADDRESSED STAMPED ENVELOPE WITH BID. oz�t a TS WILL NOT BE GNEN BY TELEPHONE. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CITY OF PLANO PURCHASING DIVISION AT(972)941-7557. 2. LATE BIDS: BID PACKETS RECEIVED IN THE PURCHASING.DIVISION AFTER SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. THE CITY OF PLANO IS NOT RESPONSIBLE FOR THE LATENESS OF MAIL CARRIER,WEATHER CONDITIONS, ETC. 3. ALTERING-BIDS: BID PRICES CANNOT BE ALTERED OR AMENDED AFTER SUBMISSION DEADLINE. ANY INTERLINEATION ALTERATION OR ERASURE MADE BEFORE OPENING TIME MUST BE INITIALED BY THE SIGNER OF THE BID, GUARANTEEING AUTHENTICITY. 4. PRESENTATION OF BIDS: COMPLETE BID PACKETS MUST BE PRESENTED TO THE PURCHASING DIVISION IN A SEALED ENVELOPE. PAGE QFL2� Lu_.//.._....... «.7.......+ .....«TDV/4../-.1..«.. 1....�.._.�a_..+_-�------" -------0 - nnn�nn • . n ..... ,...... . Page 1 of 2 DataProse SUPPLEMENTAL INFORMATION Please provide the following information for contract development: Is the company a i. Sole Proprietorship nYes (o;No General C�Yes C i No 2. Partnership - 3 Limited '-'-)Yes r No Partnership 4. Corporation (oj Yes No 5. Other <`Yes w1 No If the company is a sole proprietorship,please list the owner's full legal name,the name under which business is conducted(i.e.d/b/a),the address for the company,including the state and county in which your business is located: If the company is a general partnership,please list the exact name of the partnership,whether it is a partnership formed under the laws of the State of Texas or another state,the business address for the partnership, including the state and county, and list of the names of all of the partners for the partnership: If the company is a limited partnership,please list the exact name of the limited partnership,whether it is a limited partnership formed under the laws of the State of Texas or another state,the business address for the limited partnership, Including the state and county,and list the names of all the general partners for the partnership: In the case of a limited partnership(foreign or domestic), is it registered with the Secretary of State of the State of Texas and authorized to do business in this State? 0 Yes No In the case of a limited partnership(foreign or domestic),is its general partner(s) registered with the Secretary of State of the State of Texas and authorized to do business in this State? (1 Yes C No If the company is a corporation,please list the exact name of the corporation,whether it is a corporation formed under the laws of the State of Texas or another state,the business address for the corporation,including the state and county,and list the names of all of the officers for the corporation: DataProse,Inc. Incorporated In the state of California 1451 N. Rice Ave Oxnard,CA 93030 Ventura County Glenn Carter,President In the case of a corporation(foreign or domestic),is it registered with the Secretary of State of the State of Texas and authorized to do business in this State? (:Yes :_.=No If the company is a limited liability company,please list the exact name of the limited liability company,whether it is a limited liability company formed under the laws of the State of Texas or another state,the business address for the limited liability company, including the state and county,and list the names of all the members/managers for the limited liability company: In the case of a limited liability company(foreign or domestic), is it registered with the Secretary of State of the State of Texas and authorized to do business in this State? _)Yes 0 No In the case of a limited liability company(foreign or domestic), is its members)/manager(s)(if not an individual) registered with the Secretary of State of the State of Texas and authorized to do business in this State? .!Yes C)No EXHIBIT _ PAVE OF _ • p nnn rnn r• . n • •^^•^^^' Page 2 of 2 If the company is another entity not listed above,please list the exact name and type of company,the state under which it is formed,the business address for the company,including the state and county,and list the names of all of the persons authorized to act on the company's behalf: In the case of another entity(foreign or domestic),is it registered with the Secretary of State of the State of Texas and authorized to do business in this State? ri Yes C1 No Please provide a list of names and capacity of all individuals who are authorized to execute contracts or documents on behalf of your organization: Is the company a minority,or woman-owned business enterprise? y,Yes C)No If yes,specify: [I MBE ❑WBE Has the company been certified as a minority/woman-owned business by any governmental agency? L:Yes o:No If yes, specify the governmental agency: Date of certification: r;t1.1 U PAGE ff UP Depot: To Be Awarded RFP Depot Page 1 of 1 17 DataProse Total Price: $149,460.12 Unit Price Qty Price Attch. Does Offer Notes My Notes 1. DATA �1 SIMPLEXS2 G $6,375.00 12 $76,500.00 U U COLOR LASER IMAGING 2. ,n ADDITIONAL $2,625.00 12 $31,500.00 U IMAGES 3. HAND INSERTING OF $120.00 12 $1,440.00 U MULTIPLES 4. TRANSMISSION $0.01 12 $0.12 a a DAILY OF DATA FILES 5.COURIER $60.00 12 $720.00 8 V SERVICE 6. ENVELOPE, PRE-PRINTED $1,350.00 12 $16,200.00 NO. 10 STD. WINDOW, 110 7. ENVELOPE, PRE-PRINTED $1,050.00 12 $12,600.00 NO.9 BRE, PLAIN, 1/0 8. WINDOW,ENVELOPE, $60.00 12 $720.00 12 CATALOG 9. INTERNET PDF $750.00 12 $9,000.00 IMAGE ACCESS 10. ELECTRONIC BILL IMAGE $65.00 12 $780.00 (� FILE FOR ARCHIVE PURPOSES 11 IT PA.r,F��' TA jfmse a 5man�mScatemenu 'J) rJdu.�'tiesiat< C138-03-01 1. Data Processing, Simplex, 2-Color Laser Imaging Overview 8.5X 11 WHITE BOND PAPER,WITH PERF AT 3.5 INCHES FROM BOTTOM,FOLD,INSERT, SELECTIVELY INSERT, PROCESS, PRESORT,CASS CERTIFY AND DELIVER TO USPS (DOES NOT INCLUDE ENVELOPE COSTS). Unit Price $0.085 Volume per Month ( 75,000 Cost per Month $6,375 Volume per Year , 900,000 Cost per Year $76,500 PAGE ( �, OF Smarccr Sr w=nrs 0) He�usr R�nedc� C138-03-02 2. Additional Images' Overview Additionallmages Unit Price $0.035 Volume per Month 75,000 Cost per Month $2,625 Volume per Year 900,000 Cost per Year $31,500 Currently the City of Plano only uses additional impressions approximately 1-3 times annually. However,the bid specification indicated a total of 75,000 additional impressions per month. If additional impressions remain as it is today,you can simply add the $0.035 unit price by 75,000 x the number of months that the City of Plano utilizes additional impressions. TAProse uzu[�WIWSPA Smarter swcmnu , %ter Resiths C138-03-03 3. Hand Inserting of Multiples Overview Hand Inserting of Multiples Unit Price $0.15 Volume per Month 800 Cost per Month $120 Volume per Year 9,600 Cost per Year $1,440 , prose- SmarterStaretwnts :D) AeiurResultt C138-03-04 4. Transmission of Daily Files, overview] Transmission of Daily Files Unit Price $0 Volume per Month 20 Cost per Month $0 Volume per Year 260 Cost per Year $0 D T Prose,* 0M IIMTM� Snwner Suwwnu �P) Bew Rmiks C138-03-05 5. Courier Service Overview Courier Service Unit Price $15 Volume per Month 4 Cost per Month $60 Volume per Year 48 Cost per Year $720 DATAPTuse FEI in a 10 1 wis-mm-I mum 9 IN saw<<r&==nts 10 a wr Resu 6 C138-03-06 6. Envelope, Pre-Printed No. 10 Std. Window, 1/0 Overview Envelope, Pre-Printed No. 10 Std.Window, 110 Unit Price $0.018 Volume per Month 75,000 Cost per Month $1,350 Volume per Year 900,000 Cost per Year $16,200 , TProsel Smarter Statemenu '.J) Pater P-150s C138-03-07 7. Envelope, Pre-Printed No. 9 BRE, Plain, 1/0 Overview Envelope, Pre-Printed No. 9 BRE, Plain, 1/0 Unit Price $0.014 Volume per Month 75,000 Cost per Month $1,050 Volume per Year 900,000 Cost per Year $12,600 T proseu ,I IFINEMImaml--ts .5nma�u Al �wr RW<<L< C138-03-08 S. Envelope, Window, 9x12 Catalog overview rEnvelope, Window, 9x12 Catalog Unit Price 1 $0.075 Volume per Month ( 800 Cost per Month $60 Volume per Year 9,600 Cost per Year $720 A A p7oSe` sn,a,ccrSrcurrr�e��a :.�) 13crwrites�du C138-03-09 9. Internet PDF Image Access Overview Internet PDF Image Access Unit Price $0.01 Volume per Month 75,000 Cost per Month $750 Volume per Year 900,000 Cost per Year $9,000 - Prose" . . $martyr$uucmumcs '�; Darter fts�tdtx C138-03-10 10. Electronic Bill Image File for Archive Purposes Overview Electronic Bill Image He for Archive Purposes Unit Price $65 Volume per Month 1 Cost per Month f $65 Volume per Year 12 Cost per Year $780 MONTHLY PRICE WORK SHEET Page 1 of 1 DataProse MONTHLY PRICE WORK SHEET The calculated monthly prices in the monthly price column below should be entered in the monthly cost column of the Summary Bid Form, which will calculate the total annual cost. Item Servicelproduct Month y Volume Unit Price per unit Monthly Price 1 Data processing, simplex, 2-color laser Imaging, 8.5x11 White bond paper, with pert at 3.5 inches from bottom, fold, insert, selectively insert, process, presort, CASS certify, and deliver to USPS. (Does not include envelope costs) 75,000 85.00 1,000 6375.00 2 Additional images 75,000 35.00 1,000 2625.00 3 Hand Inserting of multiples 800 0.15 piece 120.00 4 Transmission daily of data files 20 0 day 0 5 Courier service 4 15.00 event 60.00 6 Preprinted #10 Std. Window Envelope, 1/0 75,000 18.00 1,000 1350.00 7 Preprinted #9 BRE Envelope, plain, 1/0 75,000 14.00 1,000 1050.00 8 9X12 Catalog, window 800 75.00 1,000 60.00 envelope (merging) 9 Internet PDF image and access 75,000 10.00 1,000 750.00 10 Electronic bill image file for archive purposes (CD) (PDF) 1 65.00 file 65.00 * Start up cost and any additional costs not covered above should be listed on the Start Up And Any Additional Costs Work Sheet. Custom programming charge per hour for informational purposes only: $125.00. Page 1 of 1 DataProse START UP AND ANY OTHER COSTS WORK SHEET One time setup fee of$1,400. _..., -(3- Page 1 of 1 DataProse CLIENT INFORMATION AND WORK HISTORY 1. CLIENT NAME: City of Frisco CONTACT NAME: Neil Lang PHONE NUMBER: (972)335.1695 2. CLIENT NAME: City of McKinney CONTACT NAME: Rosie Flores PHONE NUMBER: (972)547-7548 3. CLIENT NAME: City of Lewisville CONTACT NAME: Clifford Howard PHONE NUMBER: (972)219-3422 4. WORK HISTORY AS SPECIFIED IN THE BID DOCUMENT: Co-founded in 1990 by Xerox veteran Glenn Carter and Klnko?s founder Paul Orfalea,DataProse helps over one hundred municipalities through Improved billing statements and back office support services. DataProse delivers services through its two divisions; DataProse Billing Solutions(II)and DataProse DirectO.With core competencies In the effective use of data,database management and cost effective print technology,DataProse provides Integrated turn-key solutions from planning through full-scale implementation.DataProse delivers highly flexible,cost-effective solutions from state-of-the-art high-speed,color laser production facilities in Oxnard,California and Dallas,Texas. Page 1 of 1 DataProse IMPLEMENTATION TIME LINE WORK SHEET Days required for implementation from date of contract signing ODays DataProse is currently producing utility bills for the City of Plano.Therefore,there will be no implementation time or delay in service. J!-1._O_ Page 1 of 1 DataProse Vendor Acknowledgement Page The undersigned hereby certifies that he/she understands the specifications, has read the document in its entirety and that the prices submitted in this bid/proposal have been carefully reviewed and are submitted as correct and final. Vendor further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered, and upon conditions in the specifications of the Invitation for Bid/Proposal. The following information must be filled out in its entirety for your bid/proposal to be considered: Company Name: DataProse Address of Principal Place of Business: 6012 W Campus Circle, Suite 260 Irving, TX 76063 Phone of Principal Place of Business: 972-871-4443 Fax of Principal Place of Business: 972-550-8907 Address, Phone/Fax Number of Majority Owner Principal Place of Business: 1451 North Rice Avenue Oxnard, CA 93030 E-mail Address of Representative: 1perez@dataprose.com Authorized Representative Name: Lokie Perez Authorized Representative Title: Account Executive Date: 10-16-2003 Acknowledgement of Addenda: #1 O #2 #3 #4 #5 0 _ � � .... AAA Page 1 of 1 DataProse AFFIDAVIT OF NO PROHIBITED INTEREST I,the undersigned declare and affirm that no person or officer in this sole proprietorship, partnership,corporation,or board has or will have during the term of this contract a prohibited interest as that term is defined in Section 11.02 of the Piano City Charter and the City's Code of Conduct, Chapter 2,Article IV of the City's Code of Ordinances, I further understand and acknowledge that the existence of a prohibited interest at any time during the term of this contract will render the contract voidable. Name of Contractor DataProse By: Lokie Perez Title:Account Executive Date: 10-15-2003 n1P.... ,.---'II-7Cn 0__.-J:.7_0_ n^AA AFFIDAVIT OF NO PROHIBITED INTEREST I, the undersigned declare and affirm that no person or officer in this sole proprietorship, partnership, corporation, or board has or will have during the term of this contract a prohibited interest as that term is defined in Section 11.02 of the Plano City Charter and the City's Code of Conduct, Chapter 2, Article IV of the City's Code of Ordinances. I further understand and acknowledge that the existence of a prohibited interest at any time during the term of this contract will render the contract voidable. Name of Contractor By: (Signature) (Print Name) C_t'\ (Title)II Date: U?fo`'t STATE OF TEXAS § COUNTY OF S § SUBSCRIBED AND SWORN TO before me this o70 ,flti day of 200051 otary Public, State of Texas HELEN VANDAVEER is- MY COMMISSION EXPIRES FEBRUARY 1,2007 EXHIBIT - NSNOINTRST PAGE OF�— 5 October 21,2008 Consider approving an interlocal agreement with the City of Plano, Texas to allow participation in a contract with DataProse, Inc. for water bill printing and mailing services RICH WITH OPPORTUNITY 11EW ► � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 21, 2008 REQUESTED ACTION: Council consider authorization of an interlocal agreement with the City of Plano, Texas. RECOMMENDATION Administration recommends the authorization of an interlocal purchasing cooperative agreement with the City of Plano, Texas to enter into a contract with DataProse, Inc, for water bill printing and mailing services. BACKGROUND The City of Plano has awarded a contract to DataProse, Inc., in compliance with bidding requirements of the State of Texas to provide water bill printing and mailing services. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. A copy of the agreement is attached for review. Presently, the Water Customer Service division of the Finance Department sends out an estimated 516,000 water bills annually. BUDGETARYIMPACT No funds are required for the interlocal agreement. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an interlocal purchasing cooperative agreement, substantially in the form attached hereto as Exhibit "A," with the City of Plano, Texas, which would allow participation in a contract with DataProse, Inc., for water bill printing and mailing services. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of October, 2008. - Mayor Becky Ames - INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BY AND BETWEEN THE CITY OF PLANO,TEXAS AND THE CITY OF BEAUMONT,TEXAS THIS AGREEMENT is made and entered into by and between the CITY OF PLANO, a home-rule municipal corporation located in Collin and Denton Counties, Texas (hereinafter referred to as "PLANO"), and the CITY OF BEAUMONT, a home-rule municipal corporation located in Jefferson County, Texas (hereinafter referred to as"BEAUMONT"). WHEREAS, Section 271.101, Local Government Code, allows local governments to participate in cooperative purchasing programs which allows the local governments to purchase from a contract currently existing between another local government and a vendor, and such process satisfies the state law competitive bid requirements; and WHEREAS, PLANO currently has a contract for products and/or services, and BEAUMONT has a need for same and desires to enter into a Cooperative Purchasing Agreement with PLANO pursuant to Chapter 271 et seq. (Cooperative Purchasing Program), Local Government Code; and WHEREAS, BEAUMONT agrees to prepare, execute, and administer its own contract with the vendor and the City of Plano shall not be a party to BEAUMONT (City's) agreement with the vendor. NOW, THEREFORE, PLANO and BEAUMONT, for the mutual consideration hereinafter stated, agree as follows: I. EFFECTIVE DATE The effective date of this Agreement shall be effective upon execution by the parties. Cooperative Purchasing Agreement with City of - 1 - EXHIBIT "K II. DUTIES OF BEAUMONT (City) BEAUMONT (City) agrees to prepare, execute, and administer its own contract with the vendor and PLANO shall not be a party to the agreement with the vendor and the other governmental entity. PLANO shall have no obligations for payment to vendor for any services or goods incurred by any party other than PLANO. Any payments owed the vendor for services or goods shall be paid directly by BEAUMONT (City). BEAUMONT (City) will be responsible for the vendor's compliance with provisions relating to the quality of items and terms of delivery; and any other terms or conditions of its agreement with the vendor. III. TERMINATION This Agreement may be terminated at any time, with or without cause, by either party giving thirty(30) days advance written notice to the other party. IV. NOTICE Notice as required by this Agreement shall be in writing delivered to the parties via facsimile or certified mail at the addresses listed below. Each party shall notify the other in writing within ten (10) days of any change in the information listed in this paragraph. PLANO CITY OF BEAUMONT Thomas H. Muehlenbeck Kyle Hayes CITY MANAGER CITY MANAGER City of Plano City of Beaumont P. O. Box 860358 P.O. Box 3827 Plano, Texas 75086-0358 Beaumont, Texas 77704 Cooperative Purchasing Agreement with City of -2- Telephone: (972) 941-7121 Telephone: (409) 880-3720 Facsimile: (972)423-9587 Fax: (409) 880-3747 V. HOLD HARMLESS Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this contract. In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, PP P Y waiving any governmental immunity available to either party individually under Texas law. PLANO shall be responsible for its sole negligence. BEAUMONT shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. VI. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between PLANO and BEAUMONT and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. VII. VENUE Cooperative Purchasing Agreement with City of -3 - This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and this Agreement is performable in Collin County, Texas. Exclusive venue shall be in Collin County, Texas. VIII. SEVERABILITY The provisions of this agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice of its intent to terminate. IX. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. BEAUMONT has executed this Agreement pursuant to the duly authorized resolution of the BEAUMONT City Council on , 2008. PLANO has executed this Agreement pursuant to the duly authorized PLANO City Council Resolution No. 2002-2-15(R) dated February 25, 2002. X. ASSIGNMENT AND SUBLETTING The parties agree that the rights and duties contained in this Agreement will not be assigned or sublet without the prior written consent of both parties. XI. Cooperative Purchasing Agreement with City of -4- INTERPRETATION OF AGREEMENT This is a negotiated Agreement, should any part of this Agreement be in dispute, the parties stipulate that the Agreement shall not be construed more favorably for either party. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. EXECUTED in duplicate originals this day of , 2008. CITY OF PLANO,TEXAS CITY OF BEAUMONT,TEXAS By: By: Thomas H. Muehlenbeck Kyle Hayes CITY MANAGER CITY MANAGER P. O. Box 860358 P.O. Box 3827 Plano, Texas 75086-0358 Beaumont, Texas 77704 APPROVED AS TO FORM: APPROVED AS TO FORM: Diane Wetherbee, CITY ATTORNEY Tyrone Cooper, CITY ATTORNEY Cooperative Purchasing Agreement with City of -5 - ACKNOWLEDGMENTS STATE OF TEXAS ) CITY OF BEAUMONT,TEXAS COUNTY OF JEFFERSON ) This instrument was acknowledged before me on the day of , 2008, by Kyle Hayes, City Manager of the CITY OF BEAUMONT, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas STATE OF TEXAS ) CITY OF PLANO,TEXAS COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of , 2008 by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas Cooperative Purchasing Agreement with City of -6- WORKSESSION * Review and discuss Solid Waste Services and Recycling Program Options SOLID WASTE SERVICES AND RECYCLING OPTIONS City of Beaumont Public Works Department October 21, 2008 SOLID WASTE SERVICES ■ Services Provided • Residential • Once per week pickup • Bi weekly pickup of heavy trash • Vegetative debris • Bulky items (furniture) • White goods (appliances) • Non Residential (limited - locations with no suitable space for commercial container) ■ Once per week pickup SOLID WASTE SERVICES ■ Services Provided (cont) • Number of Residential Customers ■ 32,800 • Landfill • No disposal fee when delivered to Landfill by residents of Beaumont • Free composting material SOLID WASTE SERVICE FEES ■ Solid Waste Fees • Residential $14.00 • Residential Collection $3.49 • Yard Waste Collection $0.99 • Heavy Trash Collection $3.09 • Landfill Charges $2.66 • Admin./Non Operaxing $3.77 • Senior Citizens $12.60 • Outside the City 1.5 times established City rates RECYCLING PILOT PROGRAM ■ Recycling Pilot Program • Started June 2, 2008 - 90 days • One drop off location - Market Basket at Phelan and 23rd • Single container - 40 cubic yards • Daflypickup/dehvery provided by Waste Management to Gulf Coast Recycling RECYCLING PILOT PROGRAM (as of September 2, 2008) • Total hauls to date 115 • Average hauls/day 1 .28 • Total tons hauled 140.92 • Average tons/haul 1 .23 RECYCLING OPTIONS • Recycling Methods • Drop-off locations • Curbside • Service Provider • Gty • Private Contractor SOLID WASTE RECYCLING Recycling Estimated Estimated Monthly Option Annual Cost Fee (per resident) City Curbside $1,575,320 $4.00 (Biweekly) City Drop-off $ 173,340 $0.44 ( Four Sites) Contractor Curbside $1,672,800 $4.25 (Biweekly) Contractor Drop-off $118,080 $0.30 (Four Sites) � . z 0 a