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 -
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EXHIBIT "A"
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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
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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
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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
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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
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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"
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Mater number Service Current Read Previous Read Consumption LAST BELL
TYPI .9flona TOTAL PAID$INCE 81 JL -1
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FALANCE FORWARD
4525
DRAiNAjE
REFUSE
REFUSE SVC SALES 1*!,,X Fy
TOTAL,NEW CHARGES
F
AN
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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
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%PVate.r IaMscape oijy vj�sn and Ytlem named.Set sprinklers o to water
r,
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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
..........
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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-
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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)
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