Request for Proposal - Houston

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TABLE OF CONTENTS

TABLE OF CONTENTS

PART I – GENERAL INFORMATION... ........................................................................................................................... 4

1.0 General Information... ................................................................................................................................. 4

2.0 City of Houston Background ....................................................................................................................... 4

3.0 Solicitation Schedule .................................................................................................................................. 4

PART II – SCOPE OF WORK .......................................................................................................................................... 4

1.0 Purpose ...................................................................................................................................................... 4

2.0 Background ................................................................................................................................................ 4

3.0 Basic Services ... ........................................................................................................................................ 5

PART III – EVALUATION AND SELECTION PROCESS .............................................................................................. 15

1.0 Evaluation Committee ... .......................................................................................................................... 15

2.0 Interview/Oral Presentation / Demonstrations .......................................................................................... 15

3.0 Selection Process ..................................................................................................................................... 15

4.0 Best and Final Offer ................................................................................................................................. 15

PART IV – EVALUATION CRITERIA ............................................................................................................................ 16

1.0 Responsiveness ... ................................................................................................................................... 16

2.0 Technical Competence ............................................................................................................................. 16

3.0 Price Proposal / Fee Schedule... .............................................................................................................. 16

4.0 Quality of proposed M/WBE Participation... ............................................................................................. 16

5.0 Financial Stability... .................................................................................................................................. 17

6.0 Preference Points... .................................................................................................................................. 17

7.0 Additional Related Services ..................................................................................................................... 17

PART V – SUBMISSION OF PROPOSAL ..................................................................................................................... 18

1.0 Instructions for Submission ... .................................................................................................................. 18

2.0 Submission Requirements ....................................................................................................................... 19

PART VI – EXCEPTIONS TO TERMS AND CONDITIONS .......................................................................................... 21

PART VII – SPECIAL CONDITIONS .............................................................................................................................. 21

1.0 No Contact Period ... .................................................................................................................................. 21

2.0 Invoicing... .................................................................................................................................................. 22

3.0 Minority and Woman Business Enterprises (M/WBE) ... ........................................................................... 22

4.0 Protests ...................................................................................................................................................... 22

5.0 Cancellation ............................................................................................................................................... 23

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6.0 Anti-Boycott of Israel .................................................................................................................................. 23

7.0 Executive Order 1-56 Zero Tolerance for Human Trafficking in City Service Contracts and Purchasing. 23

8.0 Preservation of Contracting Information………………………………………………………………………...23

PART VIII – INSTRUCTIONS TO PROPOSERS ................................................................................................... 23

1.0 Pre-Proposal Conference... ...................................................................................................................... 23

2.0 Additional Information and Specification Changes .................................................................................. 23

3.0 Letter(s) of Clarification ............................................................................................................................ 24

4.0 Examination of Documents and Requirements ........................................................................................ 24

5.0 Post-Proposal Discussions with Proposer(s) ........................................................................................... 24

PART IX – REQUIRED FORMS TO BE SUBMITTED WITH PROPOSAL ....................................................... 24

EXHIBIT I – OFFER AND SUBMITTAL, REFERENCES, PROPOSED SUBCONTRACTORS... ................. 24

EXHIBIT I – OFFER AND SUBMITTAL... ............................................................................................. 27

EXHIBIT I – REFERENCES ................................................................................................................. 28

EXHIBIT I – LIST OF SUBCONTRACTOR(S)... ................................................................................... 29

EXHIBIT II – MINORITY/WOMEN BUSINESS ENTERPRISES CONTRACT REQUIREMENTS ................. 30

EXHIBIT II – ATTACHMENT “A” SCHEDULE OF M/WBE PARTICIPATION... ................................... 30

EXHIBIT II – ATTACHMENT “B”: OFFICE OF BUSINESS OPPORTUNITY AND

CONTRACT COMPLIANCE M/WBE UTILIZATION REPORT... .......................................................... 32

EXHIBIT II – ATTACHMENT “C”: CERTIFIED M/WBE SUBCONTRACT TERMS .............................. 33

EXHIBIT II – ATTACHMENT “D”: OFFICE OF BUSINESS OPPORTUNITY AND

CONTRACT COMPLIANCE M/WBE UTILIZATION REPORT... .......................................................... 34

EXHIBIT III – FAIR CAMPAIGN ORDINANCE ............................................................................................... 35

EXHIBIT III – FORM “A”: FAIR CAMPAIGN... ...................................................................................... 36

EXHIBIT IV – CONTRACTOR OWNERSHIP DISCLOSURE ORDINANCE ................................................. 39

EXHIBIT IV: AFFIDAVIT OF OWNERSHIP OR CONTROL... .............................................................. 41

EXHIBIT V – ANTI-COLLUSION STATEMENT ............................................................................................. 43

EXHIBIT VI – CONFLICT OF INTEREST QUESTIONNAIRE .................................................................. 44-45

EXHIBIT VII – PRICING FORM / FEE SCHEDULED ....................................................................... WEBSITE

ADDITIONAL EXHIBITS – ................................................................................................................. WEBSITE

PART X – REQUIRED FORMS TO BE SUBMITTED BY RECOMMENDED VENDOR ONLY .................. 25

APPENDIX 1 – SAMPLE CONTRACT ............................................................................................ WEBSITE

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PART I – GENERAL INFORMATION 1.0 CITY OF HOUSTON BACKGROUND

The City of Houston is the fourth largest City in the United States comprising 23 departments with multiple locations throughout the City.

2.0 SOLICITATION SCHEDULE

Listed below are the important dates for this Request for Proposal (RFP). EVENT ___________ DATE _

Date of RFP Issued March 13, 2020 Pre-Proposal Conference March 24, 2020 Questions from Proposers Due to City March 26, 2020 Proposals Due from Proposers April 9, 2020 Notification of Intent to Award (Estimated) May 15, 2020 Council Agenda Date (Estimated) June 10, 2020 Contract Start Date (Estimated) July 6, 2020

PART II – SCOPE OF WORK 1.0 PURPOSE

1.1 The purpose of this Request for Proposal (RFP) is to solicit proposals from a qualified and

experienced contractor to furnish library books and audiovisual materials in a variety of formats, including hardcover books, trade paperbacks, mass-market paperbacks, and Digital Versatile Disc (DVDs). The contractor may be responsible for the acquisition, original cataloging, copy cataloging, item conversion (online linking of item-level, copy specific information to appropriate bibliographic records), processing and delivery of the materials. This request for proposal does not restrict or limit library acquisition of library materials in other formats, titles, publishers, or group of publishers, in any way.

2.0 BACKGROUND

2.1 The Houston Public Library System, (HPL), consists of 42 public service facilities including

a Central Library, 3 Special Collections locations, and neighborhood libraries. In fiscal year 2019, HPL spent approximately $2,000,000.00 on physical materials. This includes $850,000.00 for adult books, $670,000.00 for juvenile books; and, $168,000.00 for young adult books, $150,000.00 for adult audiovisual materials and $50,000.00 for juvenile audiovisual materials. 2.1.1 The Houston Public Library use an Integrated Library System (ILS) for acquisitions,

cataloging, and circulation and a corresponding public access catalog. HPL will prefer that the contractor is able to work with a variety of integrated library systems, to provide complete material processing services.

3.0 HPL recognizes that some contractors may specialize in one format or type of material. However; HPL is seeking to award a turn-key contract to a single prime contractor.

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4.0 BASIC SERVICES 4.1 Order Formats

4.1.1 Contractor must be able to accept orders transmitted in the following formats. 4.1.2 Electronic orders via enhanced Electronic Data Interchange (EDI) X12 capable

through the Library’s ILS. 4.1.3 Electronic orders via Contractor’s proprietary system. 4.1.4 E-mail. 4.1.5 Printed selection lists. 4.1.6 FTP/FTS. 4.1.7 Fax Orders. 4.1.8 Telephone Orders.

4.2 Deliveries

4.2.1 Calendar of Delivery

4.2.1.1 Contractor shall submit a delivery schedule including service startup

date.

4.2.2 Primary Point of Delivery

4.2.2.1 The primary point of delivery shall be the Houston Public Library, Acquisitions Department, 500 McKinney Avenue, Houston, Texas, 77002. All deliveries shall be in boxes via surface transport. Deliveries should be inside, in place, and in carton. Inside deliveries must be made in a delivery truck that is able to clear a dock entrance with a height of ten feet and six inches, (10’ 6”) and a 90°turn. The contractor shall pay the cost of delivery.

4.2.3 Secondary Point of Delivery

4.2.3.1 The contractor shall have the capability of drop-shipping shelf-ready materials in shelf order to multiple locations. This requires the contractor to accept one order from HPL for multiple agencies and requires the contractor to create separate packaging lists and invoices for each shipment. Contractors proposal should include description of recommended process and procedures. Contractors should indicate if they currently provide this service and which major public libraries utilize it. The contractor shall pay the cost of delivery.

4.2.4 Cataloging, Conversion, and Processing Services 4.2.4.1 Contractor shall supply cataloging, processing, conversion services and

shall furnish all supplies based upon the guidelines specified in the following sections:

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4.2.4.2 Cataloging

4.2.4.2.1 Contractor should demonstrate the ability to provide original and copy cataloging in accordance HPL’s Cataloging Policy. HPL is seeking a contractor with the ability to catalog all formats including books in all languages that we collect (current top 10 languages in Houston: English, Spanish, French, Vietnamese, Chinese, Arabic, Urdu, Farsi, Tagalog, and Hindi) and all AV at four varying levels of cataloging such as Basic MARC record, Generic OCLC record, OCLC record modified in accordance HPL’s cataloging policy and original cataloging, and evolving cataloging practices/standards (e.g., RDA compliant records) in accordance with HPL’s cataloging policy.

4.2.4.2.2 Contractor should provide a list of libraries for which

they have provided cataloging services. The cataloging service may be used at HPL’s discretion. See Exhibit VIII.

4.2.4.3 Conversion

4.2.4.3.1 Contractor shall provide 9XX (MARC tags) linking of

item level, copy specific information to appropriate bibliographic records in accordance with HPL’s guidelines for Item conversion. See Exhibit IX.

4.2.4.4 Processing

4.2.4.4.1 Contractor shall provide full processing of cataloged

items, (books and AV in Top 10 languages in Houston), in accordance with HPL’s guidelines for full processing. See Exhibit X Part 1 and 2. Items provided by the contractor shall include but not be limited to barcodes and Radio Frequency Identification (RFID) tags, labels, and Mylar covers as specified in the processing guidelines (Exhibit X Part 1). Labels must be appropriate to item formats.

4.2.4.4.2 Contractor shall provide partial processing of items,

(books and audiovisual (AV), that will be cataloged by HPL upon receipt in accordance with HPL’s guidelines for partial processing. See Exhibit XI.

4.2.4.4.3 Contractor shall provide processing of uncatalogued paperbacks in accordance with HPL’s guidelines for processing paperbacks. See Exhibit XI.

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4.2.5 System Software for Cataloging and Conversions 4.2.5.1 Contractor shall implement programs and procedures compatible with

HPL’s online environment including HPL’s ILS.

4.2.5.2 Contractor shall ensure that for catalog conversions items are converted to existing matching bibliographic records.

4.2.5.3 Contractor shall ensure that the bibliographic records are created, if

specified, in accordance with HPL’s cataloging policy. See Exhibit XII.

4.2.5.4 Contractor shall ensure that the Online Computer Library Center OCLC database is updated to reflect HPL’s holdings of titles cataloged by contractor.

4.2.6 System Software for Ordering

4.2.6.1 Contractor shall ensure that the electronic ordering is directly interfaced

with the ILS System.

4.2.6.2 Electronic confirmations shall be required.

4.2.6.3 Contractor’s proprietary electronic ordering software must have the ability to accept a local order ID number that is ten (10) or more digits and a ten, (10), and a thirteen, (13), digit International Standard Book Number (ISBN). Contractor must include the local order ID number on the invoice, line item by line item.

4.2.6.4 Contractor’s proprietary electronic ordering software must have the ability

to accept multiple notes (at least 3) that are 25 characters or longer, ideally up to 250 characters.

4.2.6.5 Contractor shall be able to accept a combined system order and generate

from that order separate shipments with shipment specific invoices and packing lists to facilitate drop shipments to multiple locations. Packing lists are to be included in shipments; invoices are to be delivered to HPL’s Acquisitions Department.

4.2.7 System Software for Selection Services

4.2.7.1 Contractor shall provide a web-based online bibliographic database

that interfaces effectively with HPL’s ILS to facilitate the orders.

4.2.7.2 The contractor’s system software for selection services shall be able to perform the following functions for print and digital materials:

4.2.7.2.1 Ability to search the system by ISBN, title, author, subject,

series, keyword, and format on major fields, publisher, and Dewey Decimal Classification System to Dewey one’s (e.g. 640, 641, 642).

4.2.7.2.2 Ability to search on a combination of fields.

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4.2.7.2.3 Ability to limit search by grade level, language, publication date, binding, and material type.

4.2.7.2.4 Ability to search by review source and its publication date

desired, especially for Library Journal, Booklist, Kirkus Reviews, School Library Journal, Publisher’s Weekly, Hornbook and New York Times Book Review.

4.2.7.2.5 Ability to sort retrieved records by publication date, author,

title, Dewey Classification System and series title. Sorting by local note field is highly desirable.

4.2.7.2.6 Ability to accurately show the contractor’s current real-

time inventory of items in the bibliographic database including items in stock and items on order.

4.2.7.2.7 Ability to select items from a results list and add or delete

these items to a shopping cart–like list. 4.2.7.2.8 Ability to manually enter locally created brief bibliographic

records and order lines for titles not in contractor’s database and add them to a new list or already created list.

4.2.7.2.9 Ability for multiple users to have access to a list and for

the HPL to control users access to lists for both viewing and editing purposes.

4.2.7.2.10 Ability to know during a search if an item is already on

another library list, already ordered (with order status details), or in the Library’s catalog. Duplicate checking by title as well as ISBN is highly desired.

4.2.7.2.11 Ability to download the bibliographic records in Machine-

readable Cataloging (MARC) format to the ILS. 4.2.7.2.12 Ability to download the bibliographic records in comma

delimited format to Microsoft Excel and Microsoft Access.

4.2.7.2.13 Availability of at least two (2) note fields with a minimum of 250 characters for each note field that can be downloaded as part of the order list.

4.2.7.2.14 Ability to automatically generate a report of expenditures

on a single list by fund and location.

4.2.7.2.15 Ability to link from a title to records for all other formats of the same title listed in contractor’s database. Formats shall include but not be limited to large print, paperback, hardback, e-book and DVD.

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4.2.7.2.16 Ability to add orders to an item using a template with multiple locations and funds.

4.2.7.2.17 Ability to globally add or change funds, locations,

quantities, and local notes for all items in a list is highly desirable.

4.2.7.2.18 The ability for at least 200 users to access contractor’s

database without charge.

4.2.7.2.19 Provide fast system speed and reliability for multiple users is required.

4.2.7.3 The contractor system software for selection services shall be able to

perform the following functions for AV materials:

4.2.7.3.1 Ability to search the system by ISBN, title, stock number, product ID, Universal Product Code (UPC), publisher, actors/artists, songs, genres, street date.

4.2.7.3.2 Ability to search on a combination of fields.

4.2.7.3.3 Ability to limit search by audience level, language, street

date and/or publication date, and material type.

4.2.7.3.4 Ability to search by review source and its publication date, especially for Rotten Tomatoes, AllMusic, or comparable sources, as well as traditional library review sources.

4.2.7.3.5 Ability to sort retrieved records by street date, title, artist/actor, series, and sales rank. Sorting by local note field is highly desirable.

4.2.7.3.6 Ability to accurately show the contractor’s current real-time inventory of items in the bibliographic database including items in stock and items on order.

4.2.7.3.7 Ability to select items from a results list and add or delete these items to a shopping cart–like list.

4.2.7.3.8 Ability for multiple users to have access to a list and for the Library to control users access to lists for both viewing and editing purposes.

4.2.7.3.9 Ability to know during a search if an item is already on another library list, already ordered (with order status details), or in the HPL’s catalog. Duplicate checking by title as well as ISBN/UPC is highly desired.

4.2.7.3.10 Ability to download the bibliographic records in MARC format to the Library’s ILS.

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4.2.7.3.11 Ability to download the bibliographic records in comma delimited format to Microsoft Excel and Microsoft Access.

4.2.7.3.12 Availability of at least two (2) note fields with a minimum of 250 characters for each note field that can be downloaded as part of the order list.

4.2.7.3.13 Ability to automatically generate a report of expenditures on a single list by fund and location.

4.2.7.3.14 Ability to link from a title to records for all other formats of the same title listed in contractor’s database.

4.2.7.3.15 Ability to add orders to an item using a template with multiple locations and funds.

4.2.7.3.16 Ability to globally add or change funds, locations, quantities, and local notes for all items in a list is highly desirable.

4.2.7.3.17 The ability for at least 200 users to access contractor’s database without charge.

4.2.7.3.18 Provide fast system speed and reliability for multiple users is required.

4.2.8 Invoices and Records 4.2.8.1 The contractor shall provide the following services for Invoices and

Records:

4.2.8.2 Maintain records for an additional three (3) years after the contract has expired.

4.2.8.3 Supply invoices in triplicate with a packing list specific to each invoice.

4.2.8.4 Generate packing lists and invoices for drop shipments resulting from

combined system-wide orders.

4.2.8.5 Number the pages of all invoices beginning with page 1.

4.2.8.6 Mail invoices separately from merchandise shipped.

4.2.8.7 Include the following on a line-item basis on all invoices: Library Order ID, Quantity, Title, ISBN, List Price, Discounted Price, Discount Percentage, Extended Price. Contractor shall include Publisher’s Number for AV items when no ISBN is available.

4.2.8.8 Itemized invoices by title and any additional services.

4.2.8.9 Include the “Bill to” and “Ship to” addresses on all invoices and packing

lists.

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4.2.8.10 Electronic invoicing compatible with the HPL’s ILS.

4.2.8.11 Self-credit memos in electronic format at no charge to the Library. Credit memos should be issued within 30 days of notification of the problem.

4.2.8.12 Apply combined payments for multiple invoices to the correct

Contractor account(s). Note: The City of Houston pays multiple invoices on a single check or Electronic Funds Transfer (EFT) that includes the information indicating which invoices are being paid.

4.2.8.13 Provide monthly status reports on canceled, unfilled, and delayed

orders.

4.2.8.14 Provide monthly statements of outstanding transactions for each Library account.

4.2.8.15 Respond within 30 days of receipt of HPL reconciliation responses to

the Contractor's monthly statement(s).

4.2.8.16 Provide an account representative assigned to HPL’s account with toll-free telephone and toll-free fax numbers and e-mail address for customer service.

4.2.8.17 In RFP response, please include a sample of invoice, packing list,

status report, and monthly statement.

4.2.9 Opening Day and other Special Collection Development Projects

4.2.9.1 The contractor shall provide, in addition to the services described above, the following additional and enhanced services in support of HOL’s collection projects: 4.2.9.1.1 Title by title selection based on detailed collection

development profiles provided by HPL specialists.

4.2.9.1.2 Selection lists and aids based on detailed collection development profiles from which – HPL staff can select materials for the collection.

4.2.9.1.3 Comparison of selections to library holdings upon

successful holdings load.

4.2.9.1.4 Exclusion of materials with unsuitable formats as noted in the collection profile.

4.2.9.1.5 Cataloging, processing, and conversion of materials based

upon HPL’s standard specifications as described in section 4.2.4 of Part II of this RFP.

4.2.9.1.6 If requested, storage and delivery of materials in shelf order

as specified by the HPL.

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4.2.9.1.7 Delivery of materials in shelf order (if requested) to

destination specified by HPL and in accordance with schedule determined by HPL.

4.2.9.1.8 Contractor shall provide representation at the delivery of an

opening day collection if expenditure exceeds One-hundred Thousand ($100,000.00).

4.2.10 Automatic Shipments

4.2.10.1 Library may request automatic shipment of cataloged, converted and

processed shelf-ready high-demand material based on selection criteria supplied by the library. Examples of criteria might be all fiction, excluding short stories, published by specific best-selling authors; top ten best-selling titles per quarter without repeats of books on ephemeral subjects like computers; all titles on a specified nationwide reading list; all titles published by a specific publisher in a specific format.

4.2.10.2 Cataloging, conversion, and processing will be based on standards outlined in Section 4.2.4 of Part II of this RFP.

4.2.10.3 Shipment may be to primary or secondary points of delivery as outlined

in section 4.2.2 or 4.2.3 of Part II of this RFP.

4.2.11 Approval Plans

4.2.11.1 The Library may request that the contractor provide single copies of titles “on approval” based upon a profile provided by HPL or upon request.

4.2.11.2 HPL currently has approval programs for juvenile materials.

4.2.12 Standing Orders 4.2.12.1 Contractor shall identify materials available on this basis including

specific titles, series and formats.

4.2.12.2 Cataloging, conversion, and processing will be based on standards outlined in section 4.2.4 of Part II of this RFP.

4.2.12.3 Shipment’s may be sent to primary or secondary points of delivery as

outlined in section 4.2.2 or 4.2.3 of Part II of this RFP.

4.2.13 Book Subscription Plans 4.2.13.1 Contractor shall have the capability to offer a variety of book

subscription plans to meet the needs as defined by the HPL.

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4.2.14 Out-Of-Print Book Services 4.2.14.1 The library may request the contractor to facilitate the acquisition of out-

of-print materials either through an out-of-print dealer network or a print-on-demand service. Billing for this service would be through the contractor and not the original provider of the material.

4.2.14.2 Cataloging, conversion, and processing will be based on standards outlined in section 4.2.4 of Part II of this RFP.

4.2.14.3 Shipment’s may be to primary or secondary points of delivery as

outlined in section 4.2.2 or 4.2.3 of Part II of this RFP.

4.2.15 Inventory

4.2.15.1 For each format bid on, the contractor shall demonstrate the ability to provide a broad comprehensive spectrum of library materials in quantities to meet the needs of a large metropolitan public library system.

4.2.15.2 Contractor shall work with a wide range of publishers, including trade, university presses, small presses, foreign language presses, United States (U.S.) Government Printing Office, and specialty publishing houses. Contractor shall provide a list of publishers whose materials must be ordered direct.

4.2.16 Exclusions

4.2.16.1 The following materials may be excluded from ordering under this

proposal, but if ordered from the contractor the appropriate discount shall apply: foreign publications, genealogy, musical scores, encyclopedia sets, Texana, rare books, manuscripts, out-of-print titles, serials, direct (sole source) publishers, government publications, publications by obscure or little-known publishers, materials ordered on approval plans, DVDs with public performance rights, and e-formats. Materials that the contractor does not have in current stock in sufficient quantities but that the HPL needs on a rush basis due to a deadline may also be excluded. The HPL is not restricted from obtaining titles that the contractor is unable to supply from other sources.

4.2.17 Performance Requirements

4.2.17.1 Delivery time: 4.2.17.1.1 Fully cataloged and processed priority, rush orders must be

sent within five (5) working days of receipt of books from the publisher to the contractor.

4.2.17.1.2 Other in stock items must be sent, cataloged and processed (if specified), within fifteen (15) working days from receipt of order.

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4.2.17.1.3 Eighty-percent (80%) of all items back ordered and available from the publisher must be sent, cataloged and processed (if specified), within 120 days of receipt of order.

4.2.17.1.4 Fill rate for each year of the contract must meet or exceed

ninety-percent (90%) for all items ordered.

4.2.17.1.5 HPL can return defective or damaged material within on year for credit. Contractor will supply prepaid return tags for returning defective or damaged material.

4.2.17.2 Cataloging error rate shall not exceed two percent (2%).

4.2.17.3 Conversion error rate shall not exceed two percent (2%).

4.2.17.4 Processing error rate shall not exceed two percent (2%).

4.2.17.5 Invoicing error rate shall not exceed two percent (2%).

4.2.17.6 Shipping error rate shall not exceed two percent (2%).

4.2.17.7 Credit and replacement error rate shall not exceed two percent (2%).

4.2.17.8 Failure to meet performance requirements will be subject to penalties as negotiated in the contract.

4.2.18 Management Plan 4.2.18.1 Contractor shall identify the management team that will handle the

Library’s account including key personnel responsible for functions such as Collection Development Services, Orders, Cataloging, Conversion, Processing, Standing Orders, Invoicing and Accounts Receivable.

4.2.18.2 Contractor shall describe their management plan to deal with the various functions they would be performing for the HPL, including their internal reporting structure and their internal and external communication methods.

4.2.18.3 Contractor shall describe their methods of quality control.

4.2.18.4 Contractor shall indicate how changes during the term of the contract in various HPL specifications will be accommodated, i.e., changes in cataloging or processing specifications or changes in software.

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4.2.19 Responses 4.2.19.1 Contractor must fully respond to the specifications in all sections

pertinent to the format for which they are bidding. The contractor should clearly state whether the specification can be met. If the specification can be met, an explanation of the techniques employed to accomplish the specification is required. Where applicable, sample reports should be included. If the specification cannot be met, the contractor should explain why it cannot or should not be met and what alternative, if any, is proposed. Any exception or alternative must be carefully detailed to allow full evaluation.

4.2.19.2 Contractor must respond to this RFP in the same sequence as the RFP, although explicit cross-references may be made to additional or appendix material.

4.2.19.3 Contractor is expected to identify the best, most cost-effective solutions

that meet the needs of the HPL. When appropriate, a contractor may submit multiple alternatives with associated costs that reflect different solution strategies. However, the HPL is seeking to award a turn-key solution to a single prime contractor.

4.2.19.4 Prices proposed in Exhibit VIII (pricing form) are to include the cost of

all materials and the provision of all supplies, labor, and services necessary or proper to comply with all the specifications and requirements contained herein except as may be otherwise expressly provided in the contract documents. The HPL will not be liable for any costs beyond those proposed herein and awarded. Costs stated should include delivery.

PART III – EVALUATION AND SELECTION PROCESS

1.0 EVALUATION COMMITTEE

An evaluation committee shall evaluate Proposers’ submissions in accordance with the evaluation criteria listed in Item 5.0 below. Upon completion of phase one of the evaluation, the committee may develop a short list of Proposer(s) meeting the technical competence requirements. The shortlisted Proposer(s) may be scheduled for a structured oral presentation, demonstration, interview and negotiations. Following these City-to-Proposer(s)’ meetings, the evaluation committee will summarize their findings and recalculate their scores, if needed. However, the evaluation committee reserves the right to issue letter(s) of clarification when deemed necessary to any or all Proposer(s). The oral presentations, demonstrations and/or interviews may be recorded and/or videotaped.

2.0 INTERVIEWS/ORAL PRESSENTATIONS/DEMONSTRATIONS The City reserves the right to request that Proposer(s) provide a final presentation handout of its Proposal at their scheduled meeting. No Proposer may attend presentations of any other Proposer. If necessary, Proposers may be scheduled for more than one presentation, demonstration, or interview.

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3.0 SELECTION PROCESS The City intends to select a proposal that best meets the needs of the City and that provides the best overall value. The City reserves the right to check references on any projects performed by the Proposer, whether provided by the Proposer or known by the City. Upon review of all information provided by Proposers, the evaluation committee will make a recommendation for selection to City officials. Upon approval of the selected Proposer, a contract shall be executed by the appropriate City officials.

4.0 BEST AND FINAL OFFER (“BAFO”) The City reserves the right to request a BAFO from finalist Proposer(s), if necessary. At minimum, the BAFO shall include 1) a final Fee Schedule with associated costs; and 2) address any outstanding items previously identified during the evaluation of Proposals. If the City chooses to invoke a BAFO option, Proposals shall then be re-evaluated by the evaluation committee. The BAFO shall include instructions, requirements, and a specified submission due date.

PART IV – EVALUTATION CRITERIA

1.0 RESPONSIVENESS OF PROPOSAL (PASS/FAIL)

The proposal shall be responsive to all material requirements that will enable the evaluation committee to evaluate it in accordance with the evaluation criteria and make a recommendation to City officials.

2.0 TECHNICAL COMPETENCE (90 POINTS)

The proposal shall be evaluated based on the extent to which the proposed solution meet the needs of the City including but not limited to the desired features, training program, and ease of use, as expressed in this RFP.

2.1 QUALIFICATIONS AND EXPERIENCE OF DISTRIBUTOR: (50 POINTS)

2.1.1 The distributors proven and demonstrated experience providing library books

and audiovisual materials in a variety of formats. (10 points)

2.1.2 Quality of the distributors proposed methodology and approach to accomplish each requirement outlined in this RFP. (10 points)

2.1.3 The distributors ability to provide tools compatible with the HPL’s current

automated system to allow online selection, collection analysis, electronic ordering and invoicing. (10 points)

2.1.4 Distributors ability to provide types of materials as indicated by breadth and

depth of warehouse inventories. (10 points)

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2.1.5 Distributors ability to provide services as indicated by the HPL cataloging and processing specifications and y speed in delivering acquired titles. (10 points)

2.2 QUALIFICATIONS AND EXPERIENCE ASSIGNED STAFF: (10 POINTS)

2.2.1 Qualifications of the management / implementation team.

2.3 QUALITY OF PROPOSED PLAN OF ACTION: (20 POINTS)

2.3.1 Distributors plan to provide, implement and maintain services outlined in this RFP.

2.4 PRICE PROPOSAL / FEE SCHEDULE (20 POINTS)

2.5 QUALITY OF PROPOSED M/WBE PARTICIPATION ALIGNED WITH THE PROJECT SCOPE. (PASS/FAIL). 2.5.1 Ability to meet the required 0% level of subcontracting participation or a

demonstrative Good Faith Efforts presented by Proposer.

2.6 FINANCIAL STABILITY OF THE PROPOSER. (PASS/FAIL) 2.6.1 If Proposer is an entity that is required to prepare audited financial statements,

Proposer shall submit an annual report that includes:

2.6.1.1 Last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2.6.1.2 If applicable, last two years of consolidated statements for any holding companies or affiliates;

2.6.1.3 An audited or un-audited accrual-basis financial statement of the

most recent quarter of operation; and

2.6.1.4 A full disclosure of any events, liabilities, or contingent liabilities that could affect Proposer’s financial ability to perform this contract.

NOTE: PRICE, M/WBE AND FINANCIAL DOCUMENTS MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE that is clearly marked with the RFP title and solicitation number and the label “Price Proposal, M/WBE and Financial Documents”. Do not include these documents with the Technical Response.

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3.0 PREFERENCE POINTS

3.1 To be eligible for the preference, a company must be designated as a City Business (CB) or Local Business (LB) under the Hire Houston First Program prior to submittal of proposal. Proposers must provide Declaration of Hire Houston First Designation form (SPD can insert form number) with proposal submission. At the conclusion of scoring Proposals, Hire Houston First preference points shall be distributed in such a way that grants the highest number of points to a City Business (CB) and the next highest number of points to a Local Business (LB).

Note: At the conclusion of scoring Proposals, preference points shall be distributed in the following

manner:

5 Points: For Proposer firm designated as a Hire Houston First “City Business” (CB); 3 Points: For Proposer firm designated as a Hire Houston First “Local Business” (LB); 0 Points: For proposer firm not designated as either a “City Business” (CB) or a “Local

Business” (LB).

4.0 ADDITIONAL RELATED SERVICES

In submitting its Proposal, Proposer(s) shall indicate a willingness to negotiate future potential additional services deemed appropriate for the scope of work, as provided herein, or deemed necessary and/or desirable by the City.

PART V – SUBMISSION OF PROPOSAL

1.0 INSTRUCTIONS FOR SUBMISSION 1.1 Number of Copies. Submit seven (7) copies of the Technical Proposal, one (1) printed

original signed in BLUE ink, and six (6) electronic copies of the Technical Proposal (only) on thumb drives sealed in a separate single envelope bearing the assigned solicitation number (located on the first page of this RFP document) to:

City Secretary’s Office City Hall Annex, Public Level 900 Bagby Street Houston, Texas 77002

1.1.1 Technical Proposal. Submit one (1) original and six (6) thumb drives in a separate single sealed envelope bearing the assigned solicitation number and title.

1.1.2 Price Proposal/Fee Schedule and M/WBE documents. Submit one (1) copy of

the Price Proposal/Fee Schedule and M/WBE documents on a thumb drive in a separate single sealed envelope bearing the assigned solicitation number and title.

The City shall bear no responsibility for submitting responses on behalf of any Proposer. Proposer(s) may submit their Proposal to the City Secretary’s Office any time prior to the stated deadline.

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1.2 Time for Submission. Proposals shall be submitted no later than the date and time indicated for submission in this RFP. Late submittals will not be considered and will be returned unopened. With the exception of City holidays, normal business hours for the City Secretary’s office are Monday through Friday, 8:00 a.m. to 5:00 p.m. CST.

1.3 Format. Printed proposal must be left-bound with information on both sides of the

page when appropriate. Thumb drive proposal file(s) must be organized following the order of the submission requirements separated by a table of contents with interactive links/tabs. Submission materials will not be returned to Proposers. Proposals not formatted as request will be subject to disqualification.

1.4 Complete Submission. Proposers are advised to carefully review all the requirements

and submit all documents and information as indicated in this RFP. Incomplete proposals may lead to a proposal being deemed non-responsive. Non-responsive proposals will not be considered.

1.5 Packaging and Labeling; Submission of the Technical Proposal. The outside

wrapping/envelope of the printed Technical Proposal shall clearly indicate the RFP title, date, time for submission, and the name of the Proposer. The required number of thumb drives containing the Technical Proposal shall be submitted in a separate sealed envelope and marked in the same manner as the printed Technical Proposal. The outside wrapping/envelope of the Price Proposal/Fee Schedule and M/WBE documents shall clearly identify the content as “Price Proposal/Fee Schedule and M/WBE documents” and shall clearly indicate the RFP title, date, time for submission, and name of the Proposer. All other submission requirements shall be included with the Proposer’s Technical Proposal .

1.6 Delivery of Proposals. The Proposal, including the Technical Proposal, all required forms, and the Price Proposal/Fee Schedule and M/WBE documents must be delivered by hand or mailed to the address shown on the cover sheet of this RFP. If using an express delivery service, the package must be addressed and delivered specifically to the City Secretary’s Office. Packages delivered by express mail services to other locations may not be re-delivered to its destination by the deadline hour.

1.7 Proposers Responsible for Timely Submission. Proposer remains responsible for

ensuring that its Proposal is received at the time, date, place, and office specified. The City assumes no responsibility for any Proposal not received, regardless of whether the delay is caused by the U.S. Postal Service, a courier delivery service, or some other act or circumstance.

2.0 SUBMISSION REQUIREMENTS

2.1 Cover Letter. The cover letter shall be signed by an authorized representative of the

Proposer. The letter should indicate the Proposer’s commitment to provide the services proposed.

2.2 Executive Summary: The executive summary should include a brief overview of the

solution proposed, the overall strategy for implementation, and the key personnel who will be responsible for seeing the project through completion.

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2.3 Offer and Submittal Form: See Exhibit I 2.4 General Company Information: Provide the name of Proposer’s company (including

the name of any parent company), business address, e-mail address, Federal Tax ID number, telephone number, and fax number.

2.5 Key Personnel / Organization Chart: Identify the key personnel that will be committed

to the project. The City reserves the right to reject any key personnel proposed if it is determined in the City’s best interest. All key personnel must be committed to the project at the appropriate time level. Proposer understands that the qualifications and experience of key personnel proposed will be factored into the evaluation process; therefore, key personnel must not be replaced without the approval of the City. Any approved substitutions must be with personnel of equal or better qualifications. In addition, any other commitments must not conflict with the level of commitment proposed for this project.

2.6 Qualifications, Distributors Experience, Staff Experience and Proposed Plan of Action(s):

2.6.1 Summarize three or more jobs (in similar size and scope to this RFP), with

detail descriptions that demonstrate Proposer’s experience providing the services for a similar or larger size major metropolitan area.

2.6.2 Describe in detail the distributors size, structure and ability to manage, implement and maintain the required services. .

2.6.3 Describe in detail the qualifications of the assigned staff. Provide

organizational chart of your team and professional resumes of all key personnel.

2.6.4 Describe in detail the distributors plan to implement and maintain the requirements outlined in this RFP.

2.6.5 Describe in detail the plan of action on how the distributors will handle and

resolve service-related issues. 2.7 Price Proposal: THE PRICE PROPOSAL MUST BE SUBMITTED IN A SEPARATE

SEALED ENVELOPE that is clearly marked with the RFP title and solicitation number and the label “Price Proposal”.

2.8 M/WBE Participation: Identify M/WBE subcontractor(s) and submit a signed “M/WBE

Letter of Intent” form identifying the role of each subcontractor for this implemented project. THE M/WBE DOCUMENTS MUST BE SUBMITTED IN SAME ENVELOPE AS PRICE PROPOSAL. Do not include these documents in the Technical Response.

2.9 Financial Stability: If Proposer is an entity that is required to prepare audited financial statements, Proposer shall submit an annual report that includes:

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2.9.1 Last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2.9.2 If applicable, last two years of consolidated statements for any holding

companies or affiliates;

2.9.3 An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

2.9.4 A full disclosure of any events, liabilities, or contingent liabilities that could affect Proposer’s financial ability to perform this contract.

2.10 Client References: Provide reference name and contact information for three (3)

clients for whom Proposer has provided similar solution to municipalities within the past three (3) years. Provide size and scope of each project with brief descriptions of the projects. Specifically, provide the following:

Name and location of project(s); “CURRENT” reference contact name, telephone numbers, and e-mail addresses;

2.11 Exceptions to Standard Contract: Provide any exceptions to the standard contract and include the rationale for taking the exception. Such exceptions will be considered when evaluating the Proposer’s response to this RFP. If alternate language is proposed, include the proposed language for consideration, along with the corresponding Article Nos. within the RFP.

2.12 Legal Actions: Provide a list of any pending litigation and include a brief description of the reason for legal action.

2.13 Conflict of Interest: Provide information regarding any real or potential conflict of interest(s). Failure to disclose any potential conflict of interest at the outset may be cause for rejection of the Proposal.

2.14 Other: Provide any information the Proposer deems pertinent to demonstrating its

qualifications to perform the services being requested, such as memberships in any professional associations, documents, examples, etc.

2.15 Forms and Certifications: Complete all forms and certifications attached, as

appropriate.

Part VI – EXCEPTIONS TO TERMS AND CONDITIONS

All exceptions included with the Proposal shall be submitted in a clearly identified separate section of the Proposal in which the Proposer clearly cites the specific paragraphs within the RFP where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting contract unless such exception is specifically referenced by the Chief Procurement Officer or designee, City Attorney, Director(s) or designee in a written statement. The Proposer’s preprinted or standard terms will not be considered by the City as a part of any resulting contract.

All exceptions that are contained in the Proposal may negatively affect the City’s Proposal evaluation based on the evaluation criteria as stated in the RFP or result in possible rejection of Proposal.

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Part VII – SPECIAL CONDITIONS

1.0 No Contact Period

Neither Proposer(s) nor any person acting on Proposer(s)'s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City, their families or staff members. All inquiries regarding the solicitation are to be directed to the designated City Representative identified on the first page of the solicitation. With the exception of Proposer’s formal response to the solicitation and written requests for clarification during the period officially designated for such purpose by the City Representative, neither Proposer(s) nor persons acting on their behalf shall communicate with any appointed or elected official or employee of the City, their families, or staff through written or oral means in an attempt to persuade or attempt to persuade or influence the outcome of the award or to obtain or deliver information intended to or which could reasonably result in an advantage to any Proposer from the time of issuance of the solicitation through the pre-award phase and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award. However, nothing in this paragraph shall prevent a bidder from making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council committee convened to discuss a recommendation regarding the solicitation.

2.0 INVOICING The City is a single entity for accounting, billing, and discounting. Any invoices accompanied by detailed supplements and other backup documents are to be submitted for payments to:

City of Houston Houston Public Library ATTN: Books 500 McKinney Houston, Texas 77002 The City requires timely and accurate accounting and billing information.

3.0 MINORITY AND WOMAN BUSINESS ENTERPRISES (“M/WBE”)

Proposer shall comply with the City’s M/WBE programs as set out in Chapter 15, Article V of the City of Houston Code of Ordinances. Proposer shall make good faith efforts to award subcontracts or supply agreements in at least the value stated in this Agreement to M/WBE’s. Proposer acknowledges that it has reviewed the requirements for good faith efforts on file with the City’s Office of Business Opportunity (OBO) and will comply with them.

4.0 PROTESTS

Protests should be filed in accordance with the City of Houston Administrative Policy No. 5-12 http://www.houstontx.gov/adminpolicies/5-12.pdf

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5.0 CANCELLATION

The City has sole discretion and reserves the right to cancel this RFP, or to reject any or all Proposals received prior to contract award.

6.0 ANTI-BOYCOTT OF ISRAEL

Proposer certifies that Proposer is not currently engaged in and agrees until the funds are exhausted under this purchase order not to engage in, the boycott of Israel as defined by Section 808.001 of the Texas Government Code.

7.0 EXECUTIVE ORDER 1-56 ZERO TOLERANCE FOR HUMAN TRAFFICKING IN CITY

SERVICE CONTRACTS AND PURCHASING The City has a zero tolerance for human trafficking, and, per Executive Order 1-56, City funds shall not be used to promote human trafficking. City vendors are expected to comply with this Executive Order and notify the City’s Chief Procurement Officer of any information regarding possible violation by the vendor or its subcontractors providing services or goods to the City. The Executive Order is available on the City’s website: http://www.houstontx.gov/execorders/1-56.pdf

8.0 PRESERVATION OF CONTRACTING INFORMATION

The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this solicitation and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

PART VIII – INSTRUCTIONS TO PROPOSERS

1.0 PRE-PROPOSAL CONFERENCE

A Pre-Proposal Conference will be held at the date, time, and location indicated on the first page of the RFP document. Interested Proposer(s) are encouraged to attend. It will be assumed that potential Proposer(s) attending this meeting have reviewed the RFP in detail and are prepared to bring up any substantive questions not already addressed by the City.

2.0 ADDITIONAL INFORMATION AND SPECIFICATION CHANGES

Requests for additional information and questions should be addressed to the Finance Department, Strategic Procurement Division, Senior Procurement Specialist, Conley Jackson preferably by e-mail to [email protected] or by telephone at (832) 393-8733 no later than the date and time shown on page one. The City shall provide written responses to all questions received by Proposers prior to the RFP submittal deadline. Questions received from all Proposer(s) shall be answered by the City and made available to Proposer(s) who are listed as having obtained the RFP. Proposer(s) shall be notified in writing of any changes in the specifications contained within this RFP.

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3.0 LETTER(S) OF CLARIFICATION

3.1 All Letters of Clarification and interpretations to this Solicitation shall be in writing. Any Letter of Clarification(s) or interpretation that is not in writing shall not legally bind the City. Only information supplied by the City in writing or in this RFP should be used in preparing Proposal responses.

3.2 The City does not assume responsibility for the receipt of any Letters of Clarification

sent to Proposer(s).

4.0 EXAMINATION OF DOCUMENTS AND REQUIREMENTS

4.1 Each Proposer shall carefully examine all RFP documents and familiarize themselves with all requirements prior to submitting a Proposal to ensure that the Proposal meets the intent of this RFP.

4.2 Before submitting a Proposal, each Proposer shall be responsible for making all

investigations and examinations that are necessary to ascertain conditions and affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the Proposer from obligation to comply, in every detail, with all provisions and requirements of the RFP.

5.0 POST-PROPOSAL DISCUSSIONS WITH PROPOSER(S)

5.1 It is the City’s intent to commence final negotiation with the Proposer(s) deemed most

advantageous to the City. The City reserves the right to conduct post-Proposal discussions with any Proposer(s).

PART IX – REQUIRED FORMS TO BE SUBMITTED WITH PROPOSAL

1.0 Offer and Submittal, List of References, and List of Proposed Subcontractors (Exhibit I) 2.0 Signed M/WBE Forms (Exhibit II) Attachment “A” Schedule of M/WBE Participation, M/WBE

Participation Plan Good Faith Efforts; Attachment “B” Office of Business Opportunity and Contract Compliance M/WBE Utilization Report Notice of Intent; Attachment “C” Certified M/WBE Subcontract Terms; Attachment “D” Office of Business Opportunity and Contract Compliance M/WBE Utilization Report

3.0 Fair Campaign Ordinance and Form “A” Fair Campaign (Exhibit III)

4.0 Contractor Ownership Disclosure Ordinance and Affidavit of Ownership or Control (Exhibit IV)

5.0 Anti-Collusion Statement (Exhibit V)

6.0 Conflict of Interest Questionnaire (Exhibit VI)

7.0 Price Proposal (Exhibit VII)

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PART X – REQUIRED FORMS TO BE SUBMITTED BY RECOMMENDED VENDOR ONLY Required forms shall be supplied to the contractor after the award recommendation:

1.0 Insurance Requirements and Insurance Certificate 2.0 Drug Policy Compliance Agreement (Exhibit “B”); Contractor’s Certification of No Safety

Impact Positions in Performance of a City Contract (Exhibit “C”); Drug Policy Compliance Declaration (Exhibit “D”).

3.0 City Contractors’ Pay or Play Acknowledgement Form (POP-1)

http://www.houstontx.gov/obo/payorplay/pop1.pdf and Pay or Play Certificate of Compliance (POP-2) http://www.houstontx.gov/obo/payorplay/pop2.pdf

4.0 Hire Houston First Affidavit (Download Copy at

http://www.houstontx.gov/obo/hirehoustonfirst.html and submit to Office of Business Opportunity by e-mail to [email protected] or fax to 832-393-0646, or submit copy with proposal.

5.0 Requested information outlined in the scope of work and other additional relevant/supporting

information, or alternate Proposal. 6.0 Texas Ethics Commission, Certificate of Interested Parties (Form 1295). Download a copy at

https://www.ethics.state.tx.us/tec/1295-Info.htm PART XI – PRICE FORM / FEE SCHEDULE

Solely for evaluating the Proposal, please complete the Exhibit VII Price Proposal located on website “Titled – Exhibit VII Price Proposal”. In the event of any additional services associated with this project, the rates charged shall not exceed those indicated in Exhibit VII.

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EXHIBIT I OFFER AND SUBMITTAL, REFERENCES, PROPOSED SUBCONTRACTORS

PAGE INTENTIONALLY LEFT BLANK

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EXHIBIT I OFFER AND SUBMITTAL

NOTE: PROPOSAL MUST BE SIGNED AND NOTARIZED BY AN AUTHORIZED REPRESENTATIVE(S) OF THE PROPOSER, WHICH MUST BE THE ACTUAL LEGAL ENTITY THAT WILL PERFORM THE CONTRACT IF AWARDED AND THE TOTAL FIXED PRICE CONTAINED THEREIN SHALL REMAIN FIRM FOR A PERIOD OF ONE-HUNDRED EIGHTY (180) DAYS. “THE RESPONDENT WARRANTS THAT NO PERSON OR SELLING AGENCY HAS BEEN EMPLOYED OR RETAINED TO SOLICIT OR SECURE THIS CONTRACT UPON AN AGREEMENT OR UNDERSTANDING FOR A COMMISSION, PERCENTAGE, BROKERAGE, OR CONTINGENT FEE, EXCEPTING BONA FIDE EMPLOYEES. FOR BREACH OR VIOLATION OF THIS WARRANTY, THE CITY SHALL HAVE THE RIGHT TO ANNUL THIS AGREEMENT WITHOUT LIABILITY OR, AT ITS DISCRETION, TO DEDUCT FROM THE CONTRACT PRICES OR CONSIDERATION, OR OTHERWISE RECOVER THE FULL AMOUNT OF SUCH COMMISSION, PERCENTAGE, BROKERAGE OR CONTINGENT FEE.” Respectfully Submitted:

(Print or Type Name of Contractor – Full Company Name) City of Houston Vendor No. (If already doing business with City): __________________________________________ Federal Identification Number: _____________________________________________________________________ By: ____________________________________________________________________________________ (Signature of Authorized Officer or Agent) Printed Name: ___________________________________________________________________________ Title: ___________________________________________________________________________ Date: ___________________________________________________________________________ Address of Contractor: _____________________________________________________________________ Street Address or P.O. Box _____________________________________________________________________ City – State – Zip Code Telephone No. of Contractor: (_____) __________________________________________________________ Signature, Name and title of Affiant: ____________________________________________________________

(Notary Public in and for) ____________________________________________________________________________ County, Texas My Commission Expires: ______________ day of _____________________________________ 20_________

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EXHIBIT I REFERENCES

1. Name: ___________________________________ Phone No.: _________________ Address: __________________________________________________________________ Contract Award Date: ________________ Contract Completion Date: _______________ Contract Name/Title: ________________________________________________________ Email: ________________________________________________________ Project Description: _________________________________________________________ __________________________________________________________________________ 2. Name: ___________________________________ Phone No.: _________________ Address: __________________________________________________________________ Contract Award Date: ________________ Contract Completion Date: _______________ Contract Name/Title: ________________________________________________________ Email: ________________________________________________________ Project Description: _________________________________________________________ __________________________________________________________________________ 3. Name: ___________________________________ Phone No.: _________________ Address: __________________________________________________________________ Contract Award Date: ________________ Contract Completion Date: _______________ Contract Name/Title: ________________________________________________________ Email: ________________________________________________________ Project Description: _________________________________________________________ __________________________________________________________________________

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EXHIBIT I LIST OF SUBCONTRACTOR(S)

The following is a list of Subcontractors we propose to engage on the following items of Work. Any item of Work which does not designate a Subcontractor will be done by the firm submitting the Proposal.

SEGREGATED PART OF WORK SUBCONTRACTOR/SUPPLIER ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________ ________________________________ __________________________________

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EXHIBIT II ATTACHMENT “A”

SCHEDULE OF MWBE PARTICIPATION

Date:

Bid Number:

Formal Bid Title:

Name of Certified MWBE Subcontractor

Street Address, City, State, Zip Code, Tel # & Email

Certification Type { }

NAICS Code (6 Digits)

Description of Work (Scope of Work)

% of Participation

MBE WBE

TOTAL $

MWBE PARTICIPATION AMOUNT $

TOTAL BID AMOUNT $

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MWBE PARTICIPATION PLAN GOOD FAITH EFFORTS

If you have exhausted your best efforts to comply with the City’s MWBE Policy by seeking subcontracts and supply agreements with certified minority and women business enterprises yet failed to meet the MWBE contract goal of this bid document, list below your good faith efforts to demonstrate compliance. For more information, please review the Good Faith Efforts Policy, which can be found on the OBO website at www.houstontx.gov/obo.

**All firms listed above must be certified by the Office of Business Opportunity at the time of bid submission. This schedule of MWBE participation must be returned with the bid form. The undersigned will enter into a formal subcontracting agreement with the M/WBEs and suppliers listed on this participation plan upon award of a contract from the City.

Bidder Company Name

Signature of Authorized Officer/Agent/Bidder & Title

Print or Typed Name of Authorized Officer/Agent/Bidder & Title

Date

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EXHIBIT II ATTACHMENT “B”

OFFICE OF BUSINESS OPPORTUNITY AND CONTRACT COMPLIANCE MWBE UTILIZATION REPORT

NOTICE OF INTENT

THIS AGREEMENT IS SUBJECT TO MEDIATION AND CAN BE INITIATED BY THE COMPANIES SIGNED BELOW OR THE OFFICE OF BUSINESS OPPORTUNITY. To: City of Houston Date: Administering Department Project Name and Number Bid Amount: M/W/BE Goal: , agrees to enter into a contractual agreement with Prime Contractor _______________________________, who will provide the following goods/services in connection MWBE Subcontractor

with the above-referenced contract:

_______________

for an estimated amount of $ or % of the total contract value. Is currently certified with the City of Houston’s Office of Business (M/W/BE Subcontractor) Opportunity to function in the aforementioned capacity. Intend to

Prime Contractor M/W/BE Subcontractor

work on the above-named contract in accordance with the M/W/DBE Participation Section of the City of Houston Bid Provisions, contingent upon award of the contract to the aforementioned Prime Contractor. Signed (Prime Contactor) Signed (M/W/BE Subcontractor) Printed Signature Printed Signature Title Date Title Date

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EXHIBIT II ATTACHMENT “C”

CERTIFIED MWBE SUBCONTRACT TERMS

CITY OF HOUSTON CERTIFIED MWBE SUBCONTRACT TERMS Contractor shall ensure that all subcontracts with M/WBE subcontractors and suppliers are clearly labeled “THIS CONTRACT IS SUBJECT TO MEDIATION” and contain the following terms:

1. _______________________(M/WBE subcontractor) shall not delegate or subcontract more than 50% of the work under this subcontract to any other subcontractor or supplier without the express written consent of the City of Houston’s Office of Business Opportunity Director (“the Director”).

2. _______________________(M/WBE subcontractor) shall permit representatives of the City of

Houston, at all reasonable times, to perform 1) audits of the books and records of the subcontractor, and 2) inspections of all places where work is to be undertaken in connection with this subcontract. Subcontractor shall keep such books and records available for such purpose for at least four (4) years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action or the applicable statute of limitations.

3. Within five (5) business days of execution of this subcontract, Contractor (prime contractor) and Subcontractor shall designate in writing to the Director an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street and mailing address and phone number of such agent.

These provisions apply to goal-oriented contracts. A goal-oriented contract means any contract for the supply of goods or non-professional services in excess of $100,000.00 for which competitive proposals are required by law; not within the scope of the MBE/WBE/SBE program of the United States Environmental Protection Agency or the United States Department of Transportation; and which the City Chief Procurement Officer has determined to have significant MWBE subcontracting potential in fields which there are an adequate number of known MBEs, WBE’s, and or SBE’s (if applicable) to compete for City contracts. The MWBE policy of the City of Houston will be discussed during the pre-proposal conference. For information, assistance, and/or to receive a copy of the City’s Affirmative Action Policy and/or Ordinance, contact the Office of Business Opportunity Division at 832.393.0600, 611 Walker Street, 7th Floor, Houston, Texas 77002.

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EXHIBIT II ATTACHMENT “D”

OFFICE OF BUSINESS OPPORTUNITY AND CONTRACT COMPLIANCE MWBE UTILIZATION REPORT

Report Period: _____________________ PROJECT NAME & NUMBER: ___________________________________ AWARD DATE:_____________________________ PRIME CONTRACTOR: ________________________________________ CONTRACT NO.: ___________________________ ADDRESS: __________________________________________________ CONTRACT AMOUNT: ______________________ LIAISON/PHONE NO.: _________________________________________ MWBE GOAL: ____________________________

MWBE SUB/VENDOR NAME

DATE OF OBO CERTIFICATION

DATE OF SUBCONTRACT

SUBCONTRACT AMOUNT

% OF TOTAL CONTRACT

AMOUNT PAID TO DATE

% OF CONTRACT TO DATE

Use additional pages if needed. Submit by the 15th day of the following month. Office of Business Opportunity Provide support documentation on all revenues paid to end of the report period to: ATTN: Carlecia Wright 713-837-9000 MWBE’s to reflect up/down variances on Contract amount. 611 Walker, 7th Floor Houston, Texas 77002

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EXHIBIT III FAIR CAMPAIGN ORDINANCE

The City of Houston Fair Campaign Ordinance makes it unlawful for a Contractor to offer any contribution to a candidate for City elective office (including elected officers and officers-elect). All respondents to this invitation to bid must comply with Houston Code of Ordinances Chapter 18 as amended relating to the contribution and solicitation of funds for election campaigns. Provisions of this ordinance are provided in part in the paragraphs that follow. Complete copies may be obtained from the office of the City Secretary. Candidates for city office may neither solicit nor receive contributions except during a period commencing 270 calendar days prior to an election date for which a person is a candidate for such office and ending 90 calendar days after the election date, including run-off elections if such candidate is on the ballot. Further, it shall be unlawful either for any person who submits a Bid or Proposal to contribute or offer any contribution to a candidate or for any candidate to solicit or accept any contribution from such person for a period commencing at the time of posting of the City Council Meeting Agenda including an item for the award of the Contract and ending upon the 30th day after the award of the Contract by City Council. For the purposes of this Ordinance, a Contract is defined as each Contract having a value in excess of $30,000 that is let by the City for professional services, personal services, or other goods or services of any other nature whether the Contract is awarded on a negotiated basis, request for Proposal basis, competitive Proposal basis or formal sealed competitive Bids. The term Contractor includes proprietors of proprietorships, partners having an equity interest of 10% of more of partnerships, (including limited liability partnerships and companies), all officers and directors of corporations (including limited liability corporations), and all holders of 10% or more of the outstanding shares of corporations. A STATEMENT DISCLOSING THE NAMES AND BUSINESS ADDRESSES EACH OF THOSE PERSONS WILL BE REQUIRED TO BE SUBMITTED WITH EACH BID OR PROPOSAL FOR A CITY CONTRACT. Completion of the attached form entitled “Contractor Submission List” will satisfy this requirement. Failure to provide this information may be just cause for rejection of your Bid or Proposal.

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EXHIBIT III FORM “A”: FAIR CAMPAIGN

CONTRACTOR SUBMISSION LIST

CITY OF HOUSTON FAIR CAMPAIGN ORDINANCE

By submitting a bid or proposal to the City of Houston for a Contract in excess of $50,000 or for which a request is presented to City Council for approval, all respondents agree to comply with Chapter 18 of the Code

of Ordinances. Pursuant to Section 18-36 of the Code of Ordinances, it is unlawful either for any contractor to contribute or offer any contribution to a candidate, or for any candidate to solicit or accept any contribution from a contractor for a period commencing at the time of posting of the City Council Meeting Agenda including an item for the award of the Contract and ending upon the 30th day after the award of the Contract by City Council, or a determination by City Council of the Mayor that the contract will not be awarded to a contractor. The term “contractor” means any person who has received the award of a contract, has submitted a bid or proposal in any form for the award of a contract, or has been proposed to be awarded the contract in an item placed upon the City Council agenda, including any other person who seeks the award of the contract and is contesting, appealing, or protesting the award of the contract as proposed.

This list is submitted under the provisions of Section 18-36(b) of the City of Houston Code of Ordinances in

connection with the attached Bid/Proposal of:

Firm or Company Name:

Firm or Company Address:

The firm/company is organized as indicated below. Check one as applicable and attach additional pages if needed to supply the required names and addresses.

[ ] SOLE PROPRIETOR

Name

Proprietor Address

[ ] A PARTNERSHIP

LIST EACH PARTNER HAVING EQUITY INTEREST OF 10% OR MORE OF PARTNERSHIP (IF NONE STATE “NONE”)

Name

Partner Address

Name Partner Address

[ ] A LIMITED LIABILITY COMPANY

LIST EACH MEMBER OR MANAGER (IF NO MEMBERS) HAVING EQUITY INTEREST OF 10% OR

MORE IN THE LIMITED LIABILITY COMPANY (IF NONE, STATE “NONE”)

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Name Member/Manager Address

Name

Member/Manager Address

Name Member/Manager Address

[ ] A CORPORATION

LIST ALL DIRECTORS OF THE CORPORATION (IF NONE STATE “NONE”)

Name

Director Address

Name Director Address

Name

Director Address

LIST ALL OFFICERS OF THE CORPORATION (IF NONE STATE “NONE”)

Name Officer Address

Name

Officer Address

Name Officer Address

LIST ALL INDIVIDUALS OWNING 10% OR MORE OF OUTSTANDING SHARES OF STOCK OF THE

CORPORATION (IF NONE STATE “NONE”)

Name Owner Address

Name

Owner Address

Name Owner Address

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I certify that I am duly authorized to submit this list on behalf of the firm, that I am associated with the firm in the capacity noted below, and that I have knowledge of the accuracy of the information provided herein.

Signature

Printed Name

Title

Note: This list constitutes a government record as defined by § 37.01 of the Texas Penal Code. 12/15/2016

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EXHIBIT IV CONTRACTOR OWNERSHIP DISCLOSURE ORDINANCE

City Council requires knowledge of the identities of the owners of entities seeking to Contract with the City in order to review their indebtedness to the City prior to entering Contracts. Therefore, all respondents to this Invitation to Bid must comply with Houston Code of Ordinances Chapter 15, as amended (Sections 15-122 through 15-126) relating to the disclosure of owners of entities bidding on, proposing for or receiving City contracts. Provisions of this ordinance are provided in part in the paragraphs that follow. Complete copies may be obtained from the office of the City Secretary.

Contracting entity means a sole proprietorship, corporation, non-profit corporation, partnership, joint venture, limited liability company, or other entity that seeks to enter into a contract requiring approval by the Council but excluding governmental entities. A contracting entity must submit at the time of its Bid or Proposal, an affidavit listing the full names and the business and residence addresses of all persons owning five percent or more of a contracting entity or, where a contracting entity is a non-profit corporation, the full names and the business and residence addresses of all officers of the non-profit corporation. Completion of the “Affidavit of Ownership or Control,” included herein, and submitted with the Official Bid or Proposal Form will satisfy this requirement. Failure to provide this information may be just cause for rejection of your Bid or Proposal.

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EXHIBIT IV AFFIDAVIT OF OWNERSHIP OR CONTROL

ORIG. DEPT.: FINANCE FILE/I.D. NO.: T28835 INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE THAT FACT TO AVOID REJECTION OF THIS

AFFIDAVIT. THE FOLLOWING FORMAT IS RECOMMENDED: CORPORATE/LEGAL NAME DBA ASSUMED NAME. STATE OF §

§ AFFIDAVIT OF OWNERSHIP OR CONTROL COUNTY OF §

BEFORE ME, the undersigned authority, on this day personally appeared [FULL NAME] (the “Affiant”), [STATE TITLE/CAPACITY WITH CONTRACTING ENTITY] of [CONTRACTING ENTITY’S CORPORATE/LEGAL NAME] (”Contracting Entity”), who being by me duly sworn on oath stated as follows:

7. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated.

2. Contracting Entity seeks to do business with the City in connection with

[DESCRIBE PROJECT OR MATTER] which is expected to be in an amount that exceeds $50,000.

7. The following information is submitted in connection with the proposal, submission or bid of Contracting Entity in connection with the above described project or matter.

7. Contracting Entity is organized as a business entity as noted below (check box as applicable).

FOR PROFIT ENTITY: NON-PROFIT ENTITY:

[ ] SOLE PROPRIETORSHIP [ ] NON-PROFIT CORPORATION [ ] CORPORATION [ ] UNINCORPORATED ASSOCIATION [ ] PARTNERSHIP [ ] LIMITED PARTNERSHIP [ ] JOINT VENTURE [ ] LIMITED LIABILITY COMPANY [ ] OTHER (Specify type in space below)

5. The information shown below is true and correct for the Contracting Entity; and

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6. All owners of 10% or more of the Contracting Entity and, where the Contracting Entity is a non-profit entity, the required information has been shown for each officer, i.e., president, vice-president, secretary, treasurer, etc. [NOTE: IN ALL CASES, USE FULL NAMES, LOCAL BUSINESS AND RESIDENCE ADDRESSES AND

TELEPHONE NUMBERS. DO NOT USE POST OFFICE BOXES FOR ANY ADDRESS. INCLUSION OF E-MAIL ADDRESSES IS

OPTIONAL, BUT RECOMMENDED. ATTACH ADDITIONAL SHEETS AS NEEDED.]

Contracting Entity

Name: Business Address [NO./STREET]

[CITY/STATE/ZIP CODE]

Telephone Number (_____) Email Address [OPTIONAL] Residence Address [NO./STREET]


Telephone Number (_____) Email Address [OPTIONAL]

10% Owner(s) or More (IF NONE, STATE “NONE.”)

Name:

Business Address [NO./STREET]


Telephone Number (_____)

Email Address [OPTIONAL]

Residence Address [NO./STREET]


Telephone Number (_____)

Email Address [OPTIONAL]

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7. Optional Information

Contracting Entity and/or [NAME OF OWNER OR NON-PROFIT OFFICER] is actively protesting, challenging or appealing the accuracy and/or amount of taxes levied against [CONTRACTING ENTITY, OWNER OR NON-PROFIT OFFICER] as follows:

Name of Debtor: Tax Account Nos. Case or File Nos. Attorney/Agent Name Attorney/Agent Phone No. (_____) Tax Years

Status of Appeal [DESCRIBE]

Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the information provided herein is true and correct to the best of Affiant’s knowledge and belief.

Affiant

SWORN TO AND SUBSCRIBED before me this day of , 20 . (Seal)

Notary Public

NOTE: This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal Code. Submission of a false government record is punishable as provided in Section 37.10 of the Texas Penal Code. Attach additional pages if needed to supply the required names and addresses.

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EXHIBIT V ANTI-COLLUSION STATEMENT

The undersigned, as Proposer, certifies that the only person or parties interested in this Proposal as principals are those named herein; that the Proposer has not, either directly or indirectly entered into any Agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the award of this Contract. __________________________ __________________________________ Date Proposer Signature

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EXHIBIT VI CONFLICT OF INTEREST QUESTIONNAIRE

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ADDITIONAL EXHIBITS

EXHIBIT VII – PRICING FORM / FEE SCHEDULE ................................................ SOLICITATION WEBSITE

EXHIBIT VIII – CATALOGING POLICY ................................................................... SOLICITATION WEBSITE

EXHIBIT IX – ITEM CONVERSION ......................................................................... SOLICITATION WEBSITE

EXHIBIT X – FULL PROCESSION (PART 1 AND 2) .............................................. SOLICITATION WEBSITE

EXHIBIT XI– PARTIAL PROCESSING ................................................................... SOLICITATION WEBSITE

Request for Proposal - Houston

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