R-10-01-28-10B1 - 1/28/2010RESOLUTION NO. R -10-01-28-10B1
WHEREAS, the City of Round Rock has duly sought proposals for
a Radio Frequency Identification library automation system to
operate in conjunction with the City's existing Integrated Library
System, and
WHEREAS, Tech Logic Corporation has submitted the proposal
determined to be the most advantageous to the City considering the
price and other evaluation factors included in the request for
proposals, and
WHEREAS, the City Council desires to enter into an agreement
with Tech Logic Corporation, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Purchase of Radio Frequency
Identification Library Automation System and Related Services From
Tech Logic Corporation, a copy of said Agreement being attached
hereto as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
0:\wdox\SCC1ntS\0112\1005\MUNICIPAL\00180769.DOC/Imc
RESOLVED this 28th day of January, 2010.
ATTEST:
R4444,-, GO,Ake
SARA L. WHITE, City Secretary
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
RADIO FREQUENCY IDENTIFICATION LIBRARY AUTOMATION SYSTEM
AND RELATED SERVICES
FROM TECH LOGIC CORPORATION
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of a Radio Frequency Identification (RFID) library
automation system, and for related goods and services, referred to herein as the "Agreement," is
made and entered into on this the day of the month of , 20 , by and
between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are
located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and
TECH LOGIC CORPORATION, whose offices are located at 1818 Buerkle Road, White Bear
Lake, Minnesota 55110, referred to herein as the "Vendor" or "Tech Logic." This Agreement
supersedes and replaces any previous agreements between the named parties, whether oral or
written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase a turnkey solution for a Radio Frequency
Identification (RFID) library automation system to operate in conjunction with City's existing
Integrated Library System (ILS), which shall include by way of illustration and not limitation
RFID tags, equipment and software, system installation, staff training and ongoing support and
maintenance, and to purchase associated goods and services, and City desires to purchase same
from Vendor; and
WHEREAS, City has issued its "Request for Proposals" for the provision of said goods
and services, and City has selected the proposal submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
0120.0901
00179916/j kg
EXHIBIT
„„AA„„
The Agreement includes the following: (a) City's Request for Proposals designated RFP 09-014,
Specification Number 09-208-44 dated May 2009; (b) Vendor's Response to RFP; (c) contract
award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or
conflicts in the contract documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) "Addendum No. 1" attached hereto and incorporated herein;
(3) Vendor's Response to RFP; and
(4) City's Request for Proposals, and such RFP's exhibits and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Tech Logic Corporation, or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for one (1) twelve-month period from the
effective date hereof. After that term, this Agreement may be renewed for one (1) term of twelve
(12) months, with such renewal to occur on or before the expiration date of the preceding term,
and with such renewal being absolutely predicated upon the express written agreement of both
parties. Such renewal is permitted only provided Vendor has performed each and every
contractual obligation specified in this original Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 PRICING
A. Prices shall be firm for the duration of this Agreement and for any renewal
periods. Vendor may offer price decreases at any time during the initial term or any renewal
terms of this Agreement.
2
B. The parties expressly agree that any mention in any of Vendor's response
documents, including addenda, which gives Vendor the right to raise rates or increase prices
during the life of this Agreement shall be without force and effect.
4.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as integrator of choice to supply services and goods as outlined in
RFP 09-014, Specification Number 09-208-44 dated May 2009, and Response to RFP submitted
by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all
purposes. The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties as outlined in the RFP and as offered by Vendor in its Response to the RFP.
The services and/or goods which are the subject matter of this Agreement are described
in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are
fully a part of this Agreement as if repeated herein in full.
5.01 ITEMS AWARDED
All items in Exhibit "A" are awarded to Vendor.
6.01 COSTS; PAYMENT TERMS
Costs: Costs listed in Exhibit "A" shall be the basis of any charges collected by Vendor.
Payment Terms: Payment in the amount of ninety percent (90%) of the contract price,
including any additional payments required under properly executed change orders, if any, shall
be paid to Tech Logic upon delivery to City of all contract items and physical product.
Payment of the remaining ten percent (10%) of the contract price shall be paid by City
within thirty (30) days of City's acceptance of the functioning system.
All shipments of contract items and physical product shall be FOB Destination, and not
Shipping Point.
7.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
3
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
10.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
11.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
4
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
12.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
13.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the services and/or goods as specified, City reserves the right
and option to obtain the products from another supplier or suppliers.
14.01 INSURANCE
Vendor shall meet all requirements as stated in the attached RFP 09-014 (including all
attachments and exhibits), and its response.
15.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Ms. Dale Ricklefs
Library Director
216 East Main Street
Round Rock, Texas 78664
Office Number: 512-218-7010
Cell Number: 512-669-1753
Facsimile Number: 512-218-7061
dale@round-rock.tx.us
16.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
17.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified services and/or goods elsewhere, Vendor agrees that it may not be considered in the
re -advertisement of the service and that it may not be considered in future bids for the same type
of work unless the scope of work is significantly changed.
5
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
18.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
19.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
To the extent allowable by law, City shall defend (at the option of Vendor), indemnify,
and hold Vendor, its successors, assigns, officers, and employees harmless from and against all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and
any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault
6
of City, or City's agents, employees or subcontractors, in the performance of City's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of Vendor or City (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
21.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
22.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Tech Logic Corporation
1818 Buerkle Road
White Bear Lake, MN 55110
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
7
24.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
25.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
26.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision hereof void shall in no way affect the
validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Agreement from being void
should a provision which is of the essence of this Agreement be determined to be void.
27.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
8
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Tech Logic Corporation
By: By:
Printed Name: Printed Name:
Title: Title:
Date Signed: Date Signed:
For City, Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
EXHIBIT "A"
City of Round Rock Request for Proposals RFP 09-014
City of Round Rock Specification No. 09-208-44 dated May 2009
Tech Logic Corporation's Response to RFP 09-014
9
DATE: January 21, 2010
SUBJECT: City Council Meeting —January 28, 2010
ITEM: 1061. Consider a resolution authorizing the Mayor to execute an agreement with Tech
Logic Corporation for radio frequency identification library automation system.
Department:
Staff Person:
Justification:
Library
Dale Ricklefs, Library Director
The City desires to purchase a Radio Frequency Identification (RFID) library system to operate in
conjunction with City's existing Integrated Library System (ILS). The RFID sub -system will increase the
speed of check-in about three fold. The check out stations will include credit card and cash payment
stations, reducing the need for staff at the desk performing these routine functions and reassigning
them to shelve the 800,000 + books checked each year, as well as provide assistance to the public away
from the two service desks. The costs for the system includes RFID tags to be placed on each library
item, equipment and software, system installation, staff training and ongoing support and maintenance.
Strategic Plan Relevance:
N/A
Funding:
Cost: $114,627.50
Source of funds: General Self -Financed Construction
Outside Resources:
N/A
Public Comment:
N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
RADIO FREQUENCY IDENTIFICATION LIBRARY AUTOMATION SYSTEM
AND RELATED SERVICES
FROM TECH LOGIC CORPORATION
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of a Radio Frequency Identification (RFID) library
automation system, and for related goods and services, referred to herein as the "Agreement," is
made and entered into on this the '2. day of the month of , 20 (0 , by and
between the CITY OF ROUND ROCK, TEXAS, a home -rule municipal' y whose offices are
located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and
TECH LOGIC CORPORATION, whose offices are located at 1818 Buerkle Road, White Bear
Lake, Minnesota 55110, referred to herein as the "Vendor" or "Tech Logic." This Agreement
supersedes and replaces any previous agreements between the named parties, whether oral or
written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase a turnkey solution for a Radio Frequency
Identification (RFID) library automation system to operate in conjunction with City's existing
Integrated Library System (ILS), which shall include by way of illustration and not limitation
RFID tags, equipment and software, system installation, staff training and ongoing support and
maintenance, and to purchase associated goods and services, and City desires to purchase same
from Vendor; and
WHEREAS, City has issued its "Request for Proposals" for the provision of said goods
and services, and City has selected the proposal submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
0120.0901
00179916/jkg
R- 10-O(- Vt.-1cr31
The Agreement includes the following: (a) City's Request for Proposals designated RFP 09-014,
Specification Number 09-208-44 dated May 2009; (b) Vendor's Response to RFP; (c) contract
award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or
conflicts in the contract documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) "Addendum No. 1" attached hereto and incorporated herein;
(3) Vendor's Response to RFP; and
(4) City's Request for Proposals, and such RFP's exhibits and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Tech Logic Corporation, or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for one (1) twelve-month period from the
effective date hereof. After that term, this Agreement may be renewed for one (1) term of twelve
(12) months, with such renewal to occur on or before the expiration date of the preceding term,
and with such renewal being absolutely predicated upon the express written agreement of both
parties. Such renewal is permitted only provided Vendor has performed each and every
contractual obligation specified in this original Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 PRICING
A. Prices shall be firm for the duration of this Agreement and for any renewal
periods. Vendor may offer price decreases at any time during the initial term or any renewal
terms of this Agreement.
2
B. The parties expressly agree that any mention in any of Vendor's response
documents, including addenda, which gives Vendor the right to raise rates or increase prices
during the life of this Agreement shall be without force and effect.
4.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as integrator of choice to supply services and goods as outlined in
RFP 09-014, Specification Number 09-208-44 dated May 2009, and Response to RFP submitted
by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all
purposes. The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties as outlined in the RFP and as offered by Vendor in its Response to the RFP.
The services and/or goods which are the subject matter of this Agreement are described
in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are
fully a part of this Agreement as if repeated herein in full.
5.01 ITEMS AWARDED
All items in Exhibit "A" are awarded to Vendor.
6.01 COSTS; PAYMENT TERMS
Costs: Costs listed in Exhibit "A" shall be the basis of any charges collected by Vendor.
Payment Terms: Payment in the amount of ninety percent (90%) of the contract price,
including any additional payments required under properly executed change orders, if any, shall
be paid to Tech Logic upon delivery to City of all contract items and physical product.
Payment of the remaining ten percent (10%) of the contract price shall be paid by City
within thirty (30) days of City's acceptance of the functioning system.
All shipments of contract items and physical product shall be FOB Destination, and not
Shipping Point.
7.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
3
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
10.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
11.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
4
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
12.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
13.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the services and/or goods as specified, City reserves the right
and option to obtain the products from another supplier or suppliers.
14.01 INSURANCE
Vendor shall meet all requirements as stated in the attached RFP 09-014 (including all
attachments and exhibits), and its response.
15.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Ms. Dale Ricklefs
Library Director
216 East Main Street
Round Rock, Texas 78664
Office Number: 512-218-7010
Cell Number: 512-669-1753
Facsimile Number: 512-218-7061
dale@round-rock.tx.us
16.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
17.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified services and/or goods elsewhere, Vendor agrees that it may not be considered in the
re -advertisement of the service and that it may not be considered in future bids for the same type
of work unless the scope of work is significantly changed.
5
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
18.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
19.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
To the extent allowable by law, City shall defend (at the option of Vendor), indemnify,
and hold Vendor, its successors, assigns, officers, and employees harmless from and against all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and
any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault
6
of City, or City's agents, employees or subcontractors, in the performance of City's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of Vendor or City (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
21.01 ASSIGNMENT AND DELEGATION
The parties hereby hind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
22.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Tech Logic Corporation
1818 Buerkle Road
White Bear Lake, MN 55110
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terns or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
7
24.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
25.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
26.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision hereof void shall in no way affect the
validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Agreement from being void
should a provision which is of the essence of this Agreement be determined to be void.
27.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
8
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By: f
)11
Printed Name: Ppty Mg &rm.)
Tech Lodi Corporation
By:
. 1C trc.l�
Title: (iIc ?ism L elks-A--
YI�h 41C' --- Title:
Date Signed: t. 2O, t V Date Signed: t —10
For City, Attest:
By:
Sara L. White, City Secretary
For City,\Aiproved as to Form:
Stepha .. Sheets, City Attorney
EXHIBIT "A"
City of Round Rock Request for Proposals RFP 09-014
City of Round Rock Specification No. 09-208-44 dated May 2009
Tech Logic Corporation's Response to RFP 09-014
9
ADDENDUM NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
RADIO FREQUENCY IDENTIFICATION LIBRARY AUTOMATION SYSTEM
AND RELATED SERVICES FROM TECH LOGIC CORPORATION"
By signature hereon, both parties expressly accept and agree that this Addendum No. 1
shall amend and supplement "City of Round Rock Agreement for Purchase of Radio Frequency
Identification Library Automation System and Related Services from Tech Logic Corporation,"
and any other documents which are made a part of the Agreement by reference or incorporation.
Additionally, both parties expressly accept and agree that all such contract documents are
complementary, and what is required by one shall be as binding as if required by all.
For good and sufficient consideration, which the parties hereby affirm, the parties
contractually agree as follows:
(1) In Tech Logic's Response to Request for Proposal, document entitled "Tech Logic
Standard Sale Terms and Conditions," the subsection entitled "Offer and Acceptance" shall be
struck through in its entirety.
(2) In Tech Logic's Response to Request for Proposal, document entitled "Tech Logic
Standard Sale Terms and Conditions," the subsection entitled "Quotations and Prices" shall be
struck through in its entirety.
(3) In Tech Logic's Response to Request for Proposal, document entitled "Tech Logic
Standard Sale Terms and Conditions," the subsection entitled "Payment Terms" shall be struck
through in its entirety.
(4) In Tech Logic's Response to Request for Proposal, document entitled "Tech Logic
Standard Sale Terms and Conditions," the subsection entitled "Shipment" shall be struck through
in its entirety.
(5) In Tech Logic's Response to Request for Proposal, document entitled "Tech Logic
Standard Sale Terms and Conditions," the subsection entitled "Cancellation" shall be struck
through in its entirety.
(6) In Tech Logic's Response to Request for Proposal, document entitled "Tech Logic
Standard Sale Terms and Conditions," the subsection entitled "Governing Law and Venue" shall
be struck through in its entirety.
(7) In Tech Logic's Response to Request for Proposal, document entitled "Pricing," the
subsection entitled "AST Payment Terms" shall be struck through in its entirety.
IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 as indicated
below.
180132/jkg
ATTEST:
2it401/tr, 0(.0 -
Sara L. White, City Secretary
FO ' C TY, APPROVED AS TO FORM:
L.,_
Steph
180132/jkg
r L. Sheets, City Attorney
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date:
Vol M%gvulAv
v
By:
Prin
Tit e:
Date:
RFP 09-014
Specification Number
09-208-44
Dated: May 2009
City of Round Rock
REQUEST FOR PROPOSALS
RADIO FREQUENCY IDENTIFICATION LIBRARY AUTOMATION SYSTEM
PART I
GENERAL
1. PURPOSE:
1.1 This Request for Proposal is for the purchase and installation of a Radio Frequency Identification (RFID)
library automation system to work in conjunction with the existing Integrated Library System (ILS).
Among other benefits, the system shall provide significant productivity gains through reduction in key
labor-intensive workflow processes, enhanced customer service, reduced material losses, reduced
incidences of staff repetitive motion injuries, and improved inventory accuracy. The system shall be
optimized for use in the library environment, be efficient in its design through the elimination of redundant
features and have the ability to add options, equipment and programs as the City needs.
2. BACKGROUND:
2.1 The Round Rock Public Library System consists of one, two story building with three customer entrances.
Our ILS is SirsiDynix's Horizon system, version 7.4, We have a collection of 180,000 items, with a
circulation of 800,000. There are two public service stations, one on each floor, and two, free standing
LAT magnetic tape FlashScan, self -checks that we wish to trade in, reconfigure, or repurpose.
2.2 Our goals are to achieve high levels of customer self service, free staff from routine tasks, improve
circulation efficiency and shelf accuracy, reduce material fosses, and maximize service to the community.
We anticipate needing a total of five, credit card capable, self -checks, up to six staff stations, one to two
automated check-in chutes. This system shall be compatible with Enhanced Standard Interface Protocol
(ESIP) and the ESIP service.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and proposal
document:
3.1 Agreement —A mutually binding legal document obligating the Vendor to furnish the goods, equipment or
services and obligating the City to pay for it.
3.2 City — Identifies the City of Round Rock, Travis and Williamson County, Texas.
3.3 Deliverables - The goods, products, materials, and/or services to be provided to the City by Respondent if
awarded the agreement.
3.4 Goods - Represent materials, supplies, commodities and equipment.
3.5 Improvement -- Describes any work or modification to City property that adds to the overall value of the
property,
3.6 Proposal - Complete, properly signed response to a Solicitation that if accepted, would bind the
Respondent to perform the resulting contract.
3.7 Proposer/Respondent - Identifies persons and entities that submit a proposal.
3.8 Purchase Order - Is an order placed by the Purchasing Office for the purchase of Goods or Services
written on the City's standard Purchase Order form and which, when accepted by the Respondent,
becomes a contract. The Purchase Order is the Respondent's authority to deliver and invoice the City for
Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed
upon price.
3.9 Services - Work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and
their ability to comply with promised delivery dates, specification and technical assistance specified.
3.10 Subcontractor -Any person or business enterprise providing goods, labor, and/or services to a Vendor if
such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's
obligations arising from a contract with the City.
3.11 Vendor (Sometimes referred to as Contractor) - A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from an agreement or
purchase order.
Page 1 of 11
RFP 09-014
Specification Number
09-208-44
Dated: May 2009
4. CONFLICT OF INTEREST:
4.1 Effective March 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) requires that
any vendor or person considering doing business with a local government entity disclose the vendor or
person's affiliation or business relationship that might cause a conflict of interest with a local government
entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by
hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in
the disqualification of the Respondent's proposal.
5. CITY CONTACT:
AH questions, clarifications or requests for general information are to be directed to:
Carolyn Brooks
Purchaser
221 E Main St
Round Rock, TX 78664
Fax (512) 218-7028
Telephone (512)-218-5457
cmbAround-rock.tx.us
5.1 The individual above may be contacted for clarification of the specifications of this Request for Proposals
only. No authority is intended or implied that specifications may be amended or alternates accepted prior
to closing date without written approval of the City. Under no circumstances will private meetings be
scheduled between Respondents and city staff.
6. EX PARTE COMMUNICATION:
6.1 Please note that to insure the proper and fair evaluation of a proposal, the City prohibits ex parte
communication (i.e., unsolicited) initiated by the Respondent to the City Official or Employee evaluating or
considering the proposals prior to the time a format decision has been made. Questions and other
communication from Respondents will be permissible until 5:00 p.m. on the day specified as the deadline
for questions. Any communication between Respondent and the City after the deadline for questions will
be initiated by the appropriate City Official or Employee in order to obtain information or clarification
needed to develop a proper and accurate evaluation of the proposal. Ex parte communication may be
grounds for disqualifying the offending Respondent from consideration of award of the solicitation then in
evaluation, or any future solicitations.
PART II
INSTRUCTIONS
1. PROPOSAL SCHEDULE:
1.1 It is the City's intention to comply with the following proposal timeline:
1.1.1 Request for Proposals released
1.1.2 Pre -proposal and walk through
1.1.3 Deadline for questions
1.1.4 City responses to all questions/addendums
1.1.5 Responses for RFP due by 3:00 p.m.
Page 2 of 11
May 16, 2009
May 26, 2009
May 27, 2009
May 29, 2009
June 2, 2009
RFP 09-014
Specification Number
09-208-44
Dated: May 2009
1.2 All questions regarding the RFP shall be submitted in writing by 5:00 p.m. on May 27, 2009, A copy
of all the questions submitted and the City's response to the questions should be posted on our webpage,
http://www.roundrocktexas.gov/homelindex.asp?page=463. Questions shall be submitted to the City
contact named above.
NOTE: These dates represent a tentative schedule of events. The City reserves the right to modify these dates at
any time, with appropriate notice to prospective Respondents through notification on our webpage and email.
2. PROPOSAL DUE DATE:
2.1 Signed and sealed proposals are due no later than 3:00 p.m., June 2, 2009, to the Purchasing
Department. Mail or carry sealed proposals to:
City of Round Rock, Texas,
Purchasing Office
221 E. Main Street
Round Rock, Texas 78664-5299
2.2 Proposals received after this time and date will not be considered.
2.3 Sealed proposals should be clearly marked on the outside of packaging with the RFP title, number, due
date and "DO NOT OPEN".
2.4 Facsimile or electronically transmitted proposals are not acceptable.
2.5 Late Proposals properly identified will be returned to Respondent unopened if return address is provided.
3. PRE -PROPOSAL MEETING AND SITE VISIT:
3.1 The City will conduct a site inspection of facilities for all interested Respondents to familiarize them with
the requested services and to give all potential Respondents an opportunity to ask questions they may
have concerning this service.
Meeting Date: May 26, 2009 at 10:00 a.m.
Location: 216 East Main Street, Round Rock, TX 78665
4. PROPOSAL SUBMISSION REQUIREMENTS: Interested and qualified Respondents shall:
4.1 Sign the response document(s) as required in permanent ink.
4.2 Submit one (1) executed (signed) original and five (5) copies of each proposal and/or each proposal
variation that demonstrate their experience with system and its implementation.
4.3 Documentation shall include:
4.3.1 Vendor Qualifications.
4.3.2 Cost Proposal.
4.3.3 A Project Implementation Pian.
5. DISCLOSURE OF LITIGATION:
5.1 Each Respondent shall include in its proposal a complete disclosure of any civil or criminal litigation or
investigation pending which involves the Respondent or in which the Respondent has been judged guilty.
Page 3 of 11
RFP 09.014
Specification Number
09-208-44
Dated: May 2009
6. CONFIDENTIALITY OF CONTENT:
6.1 All proposals submitted in response to this RFP shall be held confidential until a contract is awarded.
Following the contract award, proposals are subject to release as public information unless the proposal
or specific parts of the proposal can be shown to be exempt from the Texas Public Information Act.
Respondents are advised to consult with their legal counsel regarding disclosure issues and take the
appropriate precautions to safeguard trade secrets or any other proprietary information. The City
assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents.
6.2 If a Respondent believes that a proposal or parts of a proposal are confidential, then the Respondent
shall so specify. The Respondent shall stamp in bold red letters the term "CONFIDENTIAL" on that part
of the proposal, which the Respondent believes to be confidential. Vague and general claims as to
confidentiality shall not be accepted. AH proposals and parts of proposals that are not marked as
confidential will be automatically considered public information after the contract is awarded.
7. CLARIFICATION OF PROPOSALS:
7.1 The City reserves the right to request clarification or additional information specific to any proposal after
all proposals have been received and the RFP close date has passed.
8. PROPOSAL PREPARATION COSTS:
8.1 All costs directly or indirectly related to preparation of a response to this solicitation or any oral
presentation required to supplement and/or clarify a Proposal which may be required by the City shall be
the sole responsibility of the Respondent.
9. EVALUATION CRITERIA:
9.1 All proposals received shall be evaluated based on the best value for the City. In determining best value,
the City may consider:
9.1.1 Price;
9.1.2 Reputation of the Respondent and of Respondent's goods and services;
9.1.3 The quality of the Respondent's goods or services;
9.1.4 The extent to which the goods or services meet the City's needs;
9.1.5 Respondent's past relationship with the City;
9.1.6 Clarity and completeness of the submitted proposal;
9.1.7 The total long-term cost to the Municipality to acquire the Respondent's goods or services; and,
9.1.8 Any relevant criteria specifically listed in the solicitation.
10. EVALUATION PROCESS:
10.1 A team comprised of City Staff and others as appropriate will review the responses to the RFP.
10.2 Interviews and/or demonstrations may be conducted with any Respondent to discuss their qualifications,
resources and ability to provide the service specified.
10.2.1 Upon completion of the evaluation, the selection team may recommend a Respondent for award
of the project or service identified.
10.2.2 An agreement with the recommended respondent may then be negotiated. This process will be
completed with the City Council's authorization to the Mayor for the execution of the agreement or
the execution of the agreement by the City Manager.
10.3 The City reserves the right to negotiate with any and all Respondents.
10.4 The City also reserves the right to reject any or all proposals, or to accept any proposal deemed most
advantageous, or to waive any irregularities or informalities in the proposal received and to revise the
process as circumstances require.
Page 4of11
RFP 09-014
Specification Number
09-208-44
Dated: May 2009
PART ill
SPECIFICATIONS
1. SCOPE OF WORK:
1.1 The City of Round Rock, Texas is seeking a turnkey solution for a Radio Frequency Identification (RFID)
library automation system to work in conjunction with the existing Integrated Library System (ILS). System
shall include, but not be limited to RFID tags, equipment and software, system installation, staff training
and ongoing support and maintenance.
2. CRITICAL REQUIREMENTS:
2.1 Interested Proposers shall have extensive knowledge and expertise and be able to demonstrate their
proven ability to provide and implement a RFID system with the following:
2,1.1 Real-time integration with the Library's ILS.
2.1.2 Tags that are a read/write design operating at 13.56MHz and compliant with National Information
Standards Organization (NISO) 2008 recommendations which reference International Organization
for Standardization (ISO) 15691, 15692 and 15693 for library RFID.
2.1.3 Mobile tagging stations for lease or purchase.
2.1.4 Staff Station shall check library materials in and out without the need for ESfP communications
with the library's database
2.1.5 Self -checkouts shall collect fees and fines.
2.1.6 Security options for audio-visual materials.
2.1.7 RFID conversion for the Library's existing staff circulation stations.
2.1.8 Shelf reading and inventory.
2.1.9 ADA -compliant security pedestals.
2.1.10 Automated Materials Handling system with RFID-enabled check-in and multi -bin sorting capacity.
2.1.11 Use industry standard RFID hardware available from multiple manufacturers.
2.1.12 Be compatible with at least two other manufacturers (available from other vendors?).
2.1.13 Provide updates to the software when ISO standards are changed so that retagging is not required.
3. SYSTEM DESCRIPTION:
3.1 Fully describe and illustrate the products and systems which comprise its RFID solution. Description shall
include, but not be limited to :
3.1.1 How its RFID offerings will benefit the Library in the areas of staff circulation, self -checkout and
self -check-in, automated materials handling, inventory management and item security.
3.1.2 How the automated materials handling system operates, and the design consultation options that
the Vendor can provide.
3.1.3 Describe the proposed hardware and software configurations, specifically addressing issues,
scalability, and network compatibility.
4. KEY COMPONENTS:
4.1 Provide list of key components and features necessary for efficiently achieving functionality and our goals.
Additional information shall include, if the system:
4.1.1 Meets the critical requirements.
4.1.2 Has an alternate functionality, please explain.
4.1.3 Has functionality in development and when it should be available as a generally released product.
4.1.4 Meets this functionality partially; explain the differences and exceptions.
4.1.5 Functionality is planned for the future. Please indicate when it is scheduled for development and be
available.
Page 5 of 11
RFP 09-014
Specification Number
09-208.44
Dated: May 2009
5. PROJECT IMPLEMENTATION:
5.1 Proposer shall provide a Project Implementation Plan. This shall include:
5.1.1 Project Personnel, with a brief description of each person's qualifications and experience.
5.1.2 Project Implementation Schedule, with a timeline for each major part of the implementation.
5.1.3 Details of any materials that the Library will need to provide which are outside the provisions of
the Respondent's Proposal.
6. RESPONDENT QUALIFICATION:
6.1 The Respondent shall provide information on its experience and qualifications which enable it to provide a
solution for the Library, including the following:
6.1.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
goods or providing the services as specified herein.
6.1.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
6.1.3 A brief history of the Proposer's company including incorporation and ownership, and its
experience, as well as the expertise of the staff that will be installing the products and services
requested in this RFP.
6.1.4 Details of any cancellation of contract for non-performance of the Proposer in the past five years.
6.1.5 Provide references: Provide the name, address, telephone number and point of contact of at
least three clients that have utilized the same or similar product and services within the last 2
years, preferably within a library environment. References may be checked prior to award. Any
negative responses received may result in disqualification from consideration for award. Failure
to include references with submittal may result in disqualification from consideration for
award.
6.1.6 Identify any subcontractors to be used for this project. Experience, qualifications and references
of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
7. COST PROPOSAL:
7.1 System prices shall be for all components, hardware, software, installation and service. Respondent shall
indicate whether or not shipping is included. Respondent shall include a detailed price list of all
components, hardware, software and any options.
8. MANUALS:
8.1 Two complete manuals containing illustrated parts list(s) and operating and service instructions for each
unit and/or component shall be delivered with the system.
8.1.1 The manual(s) shall be as detailed as possible outlining all necessary service and operating
instructions for each system delivered. Parts list(s) shall cover all components of the system.
Each part shall be identified by part number, description and component location. Necessary
warnings and safety precautions shall be included.
9. TRAINING AND DOCUMENTATION
9.1 The Vendor shall provide training free of charge as part of the implementation process for up to six (6)
staff members and one (1) system administrator. State whether the training will be on-site or via web
conference or by some other means. The Vendor shall:
9.1.1 Supply a proposed training schedule.
9.1.2 Include pricing for additional training as part of the Cost Proposal.
9.2 The Vendor shall list all product documentation that will be provided to the Library. State whether this is
hard copy and/or downloadable and how often it is updated.
Page 6 of 11
RFP 09-014
Specification Number
09-208-44
Dated: May 2009
10. SUPPORT AND MAINTENANCE
10.1 Respondent shall supply detailed information on its Support and Maintenance policy for the RFID
systems. Information shall include the following:
10.1.1 Vendor live telephone support hours of operation.
10.1.2 Methods of logging support requests.
10.1.3 Guaranteed response times for both remote and on-site support.
10.1A System update and upgrade policy.
10.1.5 A sample Support and Maintenance Agreement.
10.1.6 A sample Service Level Agreement.
11. GUARANTEES AND WARRANTIES
11.1 Provide details of all guarantees and warranties that accompany your solution. Ata minimum these shall
include a warranty that the solution shall meet or exceed any performance and reliability standards
included in your response to this RFP for the entire period that it is being maintained by the Vendor.
12. DELIVERABLES:
12.1 The Vendor shall provide, but not be limited to, each item listed in the RFP. Additionally, the Vendor shall:
12.1.1 Coordinate with City Representative for all technical support, hardware and software problems ,
maintenance and training.
12.1.2 Training outline for key personnel within the City.
12.1.3 Designate a Representative(s) to work with City staff.
12.1.4 Current Price list of all hardware, software and components.
PART V
DELIVERY, ACCEPTANCE, SERVICE AND PAYMENT
1. DELIVERY:
1.1 Delivery of the system shall be completed within the number of days proposed. The Vendor shall contact
Mr. David Wongwai at 512-218-7004 to arrange time and day for delivery and installation. The System
shall be serviced and checked as recommended by manufacturer prior to delivery.
2. ACCEPTANCE:
2.1 Acceptance inspection and performance testing will not take more than 15 working days, after installation.
The vendor will be notified within this time frame if the unit delivered is not in full compliance with the
purchase order specifications. If any units are canceled for non-acceptance, the needed equipment may
be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling.
3. SERVICE:
3.1 The vendor shall have factory -trained personnel available for warranty repairs and service and
maintenance available to the City and shall be able to respond to a request for service as specified in offer:
3.1.1 Consistent failure by the vendor to respond to service calls within the allowed response time may
place the vendor in default and subject to cancellation of the purchase order and, or agreement.
Consistent failure is defined as not responding within the allowed response time on two (2) out of
three (3) consecutive occurrences.
4. INVOICING: Vendor shall submit one original and one copy of invoice to the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
Page 7of11
RFP 09-014
Specification Number
09-208-44
Dated: May 2009
5. PROMPT PAYMENT POLICY:
5.1 Payments will be made within thirty days after the City receives the supplies, materials, equipment, or the
day on which the performance of services was completed or the day, on which the City receives a correct
invoice for the service, whichever is later. The Contractor may charge a late fee (fee shall not be greater
than that which Is permitted by Texas law) for payments not made in accordance with this prompt payment
policy; however, this policy does not apply to payments made by the City in the event:
5.2 There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services
or equipment delivered or the services performed that causes the payment to be late; or
5.3 The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment
with Federal Funds; or
5.4 There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and
its suppliers concerning supplies, material, or equipment delivered or the services performed which caused
the payment to be late; or
5.6 The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
contract or other such contractual agreement.
6. OVERCHARGES:
6.1 Contractor hereby assigns to purchaser any and all claims for overcharges associated with this purchase which
arise under the antitrust laws of the United States, 15 USGA Section 1 et seq., and which arise under the
antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq.
PART IV
TERMS AND CONDITIONS
1. GOODS:
1.1. The good(s) furnished under this specification shall be the latest improved model in current production, as
offered to commercial trade, and shall be of quality workmanship and material. The bidder represents
that all equipment offered under this specification shall be new. USED, SHOPWORN,
DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
1.1.1. Bidder should submit with their bid, the latest printed literature and detailed specification on
goods the bidder proposes to furnish.
1.1.2. The unit shall be completely assembled and adjusted, and all equipment including standard and
supplemental shall be installed and the unit made ready for continuous operation.
1.1.3. All paras not specifically mentioned that are necessary for the unit to be complete and ready for
operation, or which are normally furnished as standard equipment, shall be furnished by the
contractor. All parts shall conform in strength, quality and workmanship to the accepted
standards of the industry.
1.1.4. The unit provided shall meet or exceed all federal and State of Texas safety, health, lighting and
noise regulations and standards in effect and applicable to equipment furnished at the time of
manufacture.
2. LABOR:
2.1. The Vendor shaft provide all labor and goods necessary to perform the project. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
Page 8 of 11
RFP 09.014
Specification Number
09-208-44
Dated: May 2009
3. EXCEPTIONS:
3.1. Any variation from this specification shall be indicated on the response or on a separate attachment to
the response. The sheet shall be labeled as such.
4. STANDARDIZATION:
4.1. The City of Round Rock is committed to procuring quality goods and equipment. We encourage
manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003, latest revision
standards, technically equivalent to the American National Standards Institute/American Society for
Quality Control (ANSUASQC Q91-93 1987), and obtain certification. Adopting and implementing these
standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's
position that the total quality management concepts contained within these standards can result in
reduced production costs, higher quality products, and more efficient use of energy and natural
resources. Manufacturers should note that future revisions to this specification might require ISO
certification.
5. ENVIRONMENT:
5.1. It is the intent of the City to purchase good and equipment having the least adverse environmental impact,
within the constraints of statutory purchasing requirements, departmental needs, availability, and sound
economic considerations. Suggested changes and environmental enhancements for possible inclusion in
future revisions of this specification are encouraged.
6. DAMAGE:
6.1. The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and
its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be
responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
7. WORKPLACE:
7.1. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being
under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s)
or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this
requirement shall constitute grounds for termination of the service.
8. NON -APPROPRIATION:
8.1. The resulting Agreement is a commitment of the City's current revenues only. Itis understood and agreed
the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing
body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as
determined by the City's budget for the fiscal year in question. The City may effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
9. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES:
9.1. The Vendor shall not sell, transfer or assign the service required by this agreement without the prior
written consent of the City. The agreement and the monies which may become due are not assignable,
except with the prior written approval of the City.
10. INTERLOCAL COOPERATIVE CONTRACTING:
10.1.
Other governmental entities may be extended the opportunity to purchase off of the City of Round Rock's
solicitation, with the consent and agreement of the successful vendor(s) and the City of Round Rock. Such
consent and agreement shall be conclusively Inferred from lack of exception to this clause in vendor's
response. However, all parties indicate their understanding and all parties hereby expressly agree that the
City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and
that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such
independently -negotiated "piggyback" procurements.
Page 9 of 11
RFP 09-014
Specification Number
09-208-44
Dated: May 2009
11. ABANDONMENT OR DEFAULT:
11.1. A Vendor who abandons or defaults the work on the contract and causes the City to purchase the
services elsewhere may be charged the difference in service if any and shall not be considered in the re -
advertisement of the service and may not be considered in future solicitations for the same type of work
unless the scope of work is significantly changed.
12. RIGHT TO REPRODUCE DOCUMENTATION AND OTHER INFORMATION;
12.1. The City shall have the right to reproduce any and all manuals, documentation, software or other
information stored on electronic media supplied pursuant to the agreement at no additional cost to the
City, regardless of whether the same be copyrighted or otherwise restricted as proprietary information;
provided, however, that such reproductions shall be subject to the same restrictions on use and
disclosure as are set forth in the agreement.
THE AWARDED PROPOSER AGREES TO EXECUTE ANY NON-EXCLUSIVE COPYRIGHT
ASSIGNMENTS OR REPRODUCTION AUTHORIZATIONS THAT MAY BE NECESSARY FOR THE
CITY TO UTILIZE THE RIGHTS GRANTED IN THIS SUBPARAGRAPH.
13. COMPLIANCE WITH LAWS:
13.1. The Vendor shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations,
and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the
performance of the resulting agreement, including without limitation, workers' compensation laws,
minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.
When requested, the Vendor shalt furnish the City with satisfactory proof of its compliance.
14. CODES, PERMITS AND LICENSES:
14.1. The Vendor shall comply with all National, State and Local standards, codes and ordinances and the
terms and conditions of the services of the City of Round Rock, Texas, as well as other authorities that
have jurisdiction pertaining to equipment and materials used and their application. None of the terms or
provisions of the specification shall be construed as waiving any rules, regulations or requirements of
these authorities. The Vendor shall be responsible for obtaining all necessary permits, certificates and/or
licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived).
15. INDEMNIFICATION:
15.1. The Vendor shall indemnify, save harmless and exempt the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal proceedings, claims, demands, damages,
costs, expenses, attorney fees and any and all other costs or fees incident to any work done as a result of
this quote and arising out of a willful or negligent act or omission of the successful Respondent, its
officers, agents, servants, and employees; provided, however, that the successful Respondent shall not
be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and
attorney fees arising out of a willful or negligent act or omission of the City, it's officers, agents, servants
and employees, or third parties.
16. INSURANCE:
16.1. The Vendor shall meet or exceed ALL insurance requirements set forth by the City as identified in
Attachment A to the specifications. Any additional insurance requirements of participating or cooperative
parties will be included as subsequent Attachments and shall require mandatory compliance.
17. GOVERNING LAW:
17.1. Any resulting agreement shall be governed by and construed in accordance with the Laws of the State of
Texas.
18. LIENS:
18.1. The Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At
the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
Page 10 of 11
RFP 09.014
Specification Number
09-208.44
Dated: May 2009
19. VENUE:
19.1. Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall
lie in Williamson County.
20. INDEPENDENT CONTRACTOR:
20.1. Itis understood and agreed that the Vendor shall not be considered an employee of the City.
20.2. The Vendor shalt not be within protection or coverage of the City's Worker' Compensation insurance,
Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in
force and effect.
Page 11 of 11
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for iniuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents. representatives volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence,
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for elf owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1,4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. Aft insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.6.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.6.2, Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1,6.6. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664.5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate') -A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, ora coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. `Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. °Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shalt obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later Than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person niay verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10,3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.8. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
echlogic
Quotation
10/30/2009
RFID and Self -Checkout System
W/Cash & Credit -Debit
QTY
PN
Tech Logic Products and Services
Individual
Item Cost
1st Year
Costs
2nd Year
Costs
Hardware:
Total Price of Hardware, Tags and Software before
discounts are applied. Total second year costs for all
hardware.
$ 131,225.00
$ 9,449.25
Staff Stations
46111169'7q
Tech Logic ABS Single Antenna ;kith Reader
5 2 000 00
$ 10.000.00
5 1 500 010
Self Checkout Stations (Combo Style)
5
45005959
45007050
25012872
26012817
25012513
25012265
25012426
25012273
Tech Logic ABS Single Antenna with Reader
5 2 000 00
$ 10,000.00
S 1 500 001
3
17" Touch Screen Monitor ::'Credit Card S.;ipe
5 1 450.00
$ 4,350.00
S 652 50
2
17" Touch Screen Monitor St:i.el-Base
5 1 100 00
$ 2,200.00
5 330 00
19" Hon Touch -Screen Monitor
S 400 00
$ 2.000.00
S 3110 00
5
Linear Imager Desk -Top Bar Code Scanner ;rith Hands -
Free Base
5 450 00
$ 2.250.00
5 337 50
6
Desktop PC \P Professional
5 1.400 00
$ 7,000.00
S 1 050 00
3
Epson Desktop Receipt Printer
5 650 00
$ 1,950.00
S 292 50
3
Epson 6 foot USB cable
5 15 00
$ 45.00
S 6 75
Inventory Device
5 -
1
45006895
28000002
Inventor; b`/and ••r:ith handheld computer
5 ? 500 00
$ 7,500.00
5 1 125 00
10
Software licenses, CircIT, New order (per seat)
List price is $2,000 per seat.
A 30% discount has been applied.
$ 1,400.00
$ 14,000.00
S -
50
50% Discount applied to all hardware above.
$ 23.1:47.50
2
45006699
Personal Payment System Imager US Currency
A 10% discount has been applied to both PP SI
systems.
5 7 850 00
$ 14.130.00
5 2 355 00
RFID Tags
180 000
P25010003
Book tag V. hite Label
5 0 31
$ 55,800.00
Licensing and Support:
10
Software Support (2nd Year costs for support are
required)
5 4, .00
installation and Training:
1
S3
Installation and Training
5 5.300 00
$ 5,300.00
Shipping and Handling
1
Shipping and Handling
5 1 750.00
$ 1,750.00
Total 1st Year Costs
$ 114,627.50
Total 2nd Year Costs (For PPSI and Software)
$6,355.00
1FCHlock CORPORA IION 18188U1RK1I ROM) •Wr111 RI AI: AKI MNSiI10•111 800.494.9330.IAX. 651. 7470493•WVVA1.1ICIi-10c1( COM