ESBD_359265_1715724310561_RFP 24-077 Automatic External Defibrillator.pdf

RFP No. 24-077 Page 1 of 9 Automatic External Defibrillators

REQUEST FOR PROPOSAL (“RFP”) 24-077

AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDs)

May 10, 2024

The City of Missouri City (“CITY”), Texas is soliciting sealed proposals from interested and qualified proposers who can furnish and deliver AEDs in accordance with the requirements and terms and conditions specified herein and Exhibit A Scope of Services.

The CITY currently has twelve (12) AEDs, and intends to use those as trade-in credit toward the purchase of the new AEDs.

Interested proposers who wish to respond to this solicitation must submit the required documents specified in Section 41 Submittals in a sealed envelope/package by 3 P.M.

Central Daylight Time (“CDT”) June 21, 2024 addressed to:

The City of Missouri City, Texas Attn: City Secretary’s Office

Subject: RFP 24-077 (Do Not Open) 1522 Texas Parkway Missouri City, Texas 77489

Exhibit B Procurement Schedule contains the procurement milestone dates associated with this solicitation.

Interested proposers are highly encouraged to monitor the websites listed in Exhibit B Procurement Schedule which contains information where to send questions regarding this solicitation, and where any Amendments to this solicitation will be posted.

The CITY will accept sealed envelopes/packages between the hours of 8 A.M. and 5 P.M.

Monday thru Friday only at the above location and is not responsible for sealed envelopes/packages delivered late and/or to the incorrect address.

Purchasing Division Financial Services Department City of Missouri City, Texas http://www.missouricitytx.gov/

RFP No. 24-077 Page 2 of 9

Terms and Conditions

Section 1. Amendments:

The CITY reserves the right to change the requirements and terms and conditions specified herein via an Amendment, and any Amendment(s) is binding as if it were originally incorporated in this solicitation.

The CITY will not be bound by any oral explanations, instructions, clarifications, representations, or requirements regarding this solicitation unless it is issued by the CITY via an Amendment.

Interested firms are highly encouraged to monitor the websites listed in Exhibit B Procurement Schedule for any Amendment(s) that may affect this solicitation.

Section 2. Anti-Trust Violations:

Interested firms that engage in consistent and continued tie bidding could cause rejection of their proposal by the CITY and result in an investigation for possible Anti-trust violations.

Section 3. Basis for Award:

The CITY intends to award a contract to the proposer(s) who can provide the required goods or services at the best value for the CITY. In determining the best value for the CITY may consider the:

• Purchase price;

• Reputation of the bidder and the bidder's goods or services;

• Quality of the bidder's goods or services;

• Extent to which the goods or services meet the CITY's needs;

• Bidder's past relationship with the CITY;

• Impact on the ability of the CITY to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations

• Employing persons with disabilities;

• Total long-term cost to the CITY to acquire the bidder's goods or services, and,

• Any relevant criteria specifically listed in the request for bids or proposals.

The CITY intends to negotiate and award a contract with one (1) firm; however, it reserves the right to issue multiple contracts as a result of this solicitation.

Section 4. Blackout Period:

Upon issuance of the solicitation and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award information, proposers desiring to respond to this solicitation nor persons acting on their behalf will not communicate (orally or in writing) with any appointed or elected official or employee of the CITY (including their families) regarding this solicitation. Such action may be perceived as trying to obtain an unfair competitive advantage by attempting to persuade or influence the outcome of this solicitation.

RFP No. 24-077 Page 3 of 9

Nothing prevents a proposer from contacting the Purchasing Division (who is the sole contact for this solicitation) per Exhibit B Procurement Schedule, or from making public statements to City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council Committee convened to discuss a recommendation regarding this solicitation.

If a proposer fails to obey the guidelines regarding vendor communication during the Blackout Period, their proposal may be subject to disqualification.

Section 5. Brand Names:

Any catalog, brand name, or manufacturer’s reference used in this solicitation is descriptive (and not restrictive) and is intended to indicate the type and quality desired. Bids on brands of like nature and quality will be considered. If proposing on other than reference specifications, the proposer must show the manufacturer, brand or trade name, lot number, etc., of what is being offered. If other than the brand(s) specified is offered, illustrations and complete descriptions should be submitted to the CITY. If a proposer takes no exceptions to the specifications or reference data, they will be required to furnish brand names, numbers, etc., as specified. All items proposed shall be new, in first-class condition, and the manufacturer’s latest model and design including containers suitable for shipment and storage, unless otherwise indicated herein. Verbal agreements to the contrary will not be recognized.

If the brochure or information included with the sealed proposal does not exactly describe the item to be furnished, then its variance should be annotated on Attachment B Exemptions.

Section 5. Cancellation:

The CITY reserves the right to cancel this solicitation at any time for any reason and may re-solicit the goods and services identified herein.

Section 7. City Council Approval:

Based on the results of this solicitation, any contract resulting from this solicitation may require the approval of the City Council of Missouri City, Texas.

Section 8. Clarification:

The CITY reserves the right to contact a proposer to have them clarify their proposal or request additional information.

Failure of a proposer to respond promptly with the information requested by the CITY may result in their proposal being removed from further consideration by the CITY.

Section 9. Compliance with Laws:

The successful proposer shall:

• Ensure all equipment, supplies, and work furnished under the contract resulting from this solicitation complies with all applicable State and Federal Laws, City Ordinances, and any other regulations; and, RFP No. 24-077 Page 4 of 9

• Seek, obtain, and pay (independent of the CITY), all permits, certificates, and licenses required and necessary for the performance of the work specified herein, and post any notice(s) required by law.

Section 10. Contract:

Exhibit C contains the terms and conditions of the proposed contract.

Section 11. Damages:

If the successful proposer is required to perform any work on the CITY’s property, they shall be responsible for any damage(s) to the CITY’s equipment or property while performing the work under the executed contract.

Section 12. Discrepancies:

A proposer who finds any ambiguities, errors, omissions, or inconsistencies in this solicitation should follow the instructions in Exhibit B Procurement Schedule regarding the submittals of questions.

Section 13. Due Diligence:

To protect the CITY’s best interests, the CITY may require the proposer (before the award of any contract), to show that it has the ability, capacity, and financial resources to provide the services specified herein in a satisfactory manner. Consequently, by submission of a proposal in response to this solicitation, the proposer agrees to promptly furnish to the CITY all requested information.

The CITY may take whatever actions are proper and necessary to determine if the proposer has the ability, capacity, and final resources to provide the services specified herein in a satisfactory manner.

Section 14. Equal Opportunity Employer:

If awarded a contract as a result of this solicitation, the successful proposer acknowledges that they are an Equal Opportunity Employer, and they do not engage in employment practices that have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation.

Should complaints of any form of discrimination, either in the dispensation of the service or within company hiring policies be substantiated, any contract issued as a result of this solicitation may be terminated immediately.

Section 15. Errors:

A proposal that has been opened may not be changed to correct an error in the bid price.

However, should there be an error between the unit price and the extension price, the unit price shall govern.

Section 16. Ethical Behavior:

Proposers (and their authorized representatives/agents) will not engage in any behavior directly or indirectly that attempts to obtain favorable treatment concerning the outcome of this solicitation.

RFP No. 24-077 Page 5 of 9

The CITY may, by written notice, cancel the contract without liability if it is determined by the CITY that a proposer who was awarded a contract engaged in unethical behavior.

Section 17. Evaluation Criteria:

See Exhibit D Evaluation Criteria.

Section 18. Evaluation Process:

See Exhibit E Evaluation Process.

Section 19. Exceptions:

Any proposed exception(s) and/or modification(s) to any of the requirements or terms and conditions specified herein must be succinctly annotated on Attachment B Exceptions.

The CITY will review all statements annotated on Attachment B Exception to determine if they are in the best interests of the CITY, and reserves the right to accept, reject, modify, or negotiate any exceptions.

Section 20. Fees and Expenses:

Any additional fees and expenses, unless specifically mutually agreed upon shall be the sole responsibility of the successful proposer.

Section 21. Form 1295 Certificate of Interested Parties:

To comply with § 2252.908 of the Texas Government Code, this solicitation will require the proposer to comply with the Texas Ethics Commission requirements regarding the disclosure of interested parties.

Therefore, the CITY requires that your sealed proposal/package include a completed Form 1295 which can be obtained by going to https://www.ethics.state.tx.us/tec/1295-Info.htm.

The CITY strongly encourages proposers to view the Instructional Video for Business Entities and read the Frequently Asked Questions.

Enter “24-077” as the Contract ID Number when prompted.

Section 22. Forms:

All documents relating to this solicitation can be obtained from the websites listed in Exhibit B Procurement Schedule, and proposers are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

Proposers should thoroughly review the documents provided and are encouraged to ask questions (per Exhibit B Procurement Schedule) about this solicitation. By doing so, the proposer is provided with an opportunity to obtain as much information as they deem necessary about this project to their satisfaction (including any potential difficulties), with the goal to submit to a complete, professional, and competitive proposal to the CITY.

It is up to the proposer to determine if any independent research is necessary in order to submit a complete, professional, and competitive proposal to the CITY.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm https://www.ethics.state.tx.us/tec/1295-Info.htm

RFP No. 24-077 Page 6 of 9

Section 23. Freight:

All prices quoted shall be Free On Board (“FOB”) Destination.

Section 24. Informalities:

While evaluating the responses to this solicitation, the CITY may waive as an informality, any minor deviations in a proposer’s response provided such deviations do not affect a proposer’s competitive standing.

Section 25. Infringements:

During the term of the contract, the CITY shall be protected from any claims involving infringement of patents or copyrights.

Section 26. Insurance:

Refer to Section 12 of Exhibit C Draft Contract.

The successful proposer shall be liable for the health and safety of its employees while they are performing the work under the executed contract.

Section 27. Interlocal Agreement:

A Governmental entity that has an Inter-local Agreement with the CITY shall be allowed to utilize this contract if there is a mutual agreement between the entity and the contractor. Any usage by any entity of the contract is between the successful proposer and the individual entity, and shall not affect the award of a contract as a result of this solicitation.

Section 28. Negotiations:

The CITY may elect to negotiate with proposers to establish a contract that is most advantageous to the CITY.

All negotiations will be done in good faith, and conducted in a professional and business-like manner.

Section 29. Notice To Proceed (NTP):

The CITY may issue an NTP to the successful proposer(s), and they agree to abide by the requirements, and terms and conditions specified therein.

Section 30. Pay:

The CITY shall pay for acceptable products/services net thirty (30) days after acceptance of the required goods and/or services. Acceptance by the CITY occurs when the CITY is satisfied with the delivered products and/or services.

The CITY reserves the right to process payments by use of a corporate Procurement Credit Card (“P-Card”) issued by J. P. Morgan Chase, and the proposer agrees not to charge the CITY any fees associated with the use of the P-Card.

Section 31. Pricing:

All risk and responsibility for pricing shall remain with the proposer, and all prices quoted shall be turnkey and remain firm during the term of the executed contract. Any deviation(s) from this requirement must be annotated on Attachment B Exceptions.

RFP No. 24-077 Page 7 of 9

All prices submitted to the CITY will be developed independently and in a professional business-like manner that will not restrict competition.

The CITY is tax-exempt; consequently, quoted prices should not include taxes.

Section 32. Proprietary Information:

All responses to this solicitation received and opened by the CITY are subject to the Texas Government Code, Chapter 552, and will be made available to the public. Except for the prices which shall not be kept confidential, proposers seeking to keep any other portion(s) of their proposal confidential shall mark each that portion as “Proprietary”. The CITY will, to the extent allowed by law, endeavor to protect such information from disclosure. The CITY may request a review and determination from the Attorney General’s Office of the State of Texas, of any contents marked as “Proprietary”. A copyright notice or symbol is insufficient to identify proprietary or confidential information.

Section 33. Project Manager:

Refer to Section 7 of Exhibit C Draft Contract.

Section 34. Proposer’s Responsibility:

At the time of the opening of the sealed responses, a proposer is assumed to have inspected/visited the job sites (if applicable), understand the scope of the project requirements, and be familiar with the terms and conditions of the proposed contract.

Section 35. Requirements:

All goods and/or services offered (and subsequently delivered to the CITY), must meet or exceed the minimum specifications and requirements specified herein.

Section 36. Resubmission:

A proposer may resubmit a proposal at any time, as long as it is received by the CITY in accordance with the requirements specified on page 1 of this solicitation, or any Amendment(s) issued by the CITY.

Section 37. Reservation of Rights:

At a minimum, the CITY expressly reserves the right to:

• Reissue this solicitation;

• Reject or cancel any or all proposals;

• Specify approximate quantities in this solicitation:

• Extend the closing date and time of this solicitation;

• Procure the required good(s) or service(s) by other means;

• Add additional requirements, and terms and conditions to this solicitation;

• Reject a proposal that has material omissions and/or contains fraudulent information;

• Consider and accept alternate proposals if specified herein when it is most advantageous to the CITY;

• Reject any proposal containing exceptions, additions, qualifications, or conditions not called for in this solicitation; and/or,

• Reject any proposal from a proposer who is currently debarred or suspended by the

City, State, or Federal Government.

RFP No. 24-077 Page 8 of 9

The aforementioned is not all-inclusive but is intended to convey that the CITY will take the necessary steps to protect its best interests.

Section 38. Silence of Specifications:

The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of specifications shall be made on the basis of this statement.

Section 39. Site Visit:

The CITY may visit a proposer’s site/facility to determine firsthand if they have the capacity, resources, and personnel to perform the work specified herein.

Section 40. Submissions of Proposals:

All responses to this solicitation become the property of the CITY, and they will not be returned to the proposer.

A proposal may be withdrawn (i.e., removed from further consideration) after it has been received by the CITY, provided a letter addressed to the City’s Procurement Manager is e-mailed to Bids@missouricitytx.gov stating this request and the reason for the withdrawal.

The CITY will publicly open the sealed responses immediately after the due date specified on page 1 of this solicitation, or the date and time specified in any Amendment(s) issued by the CITY.

Proposers may attend the public opening of the sealed responses by reporting to the front desk at City Hall 1522 Texas Parkway Missouri City, Texas 77489, and letting the receptionist know of their desire to attend the opening of the sealed responses.

Proposals shall be opened to avoid disclosure of contents to competing offers, and only the name and location of the proposers will be announced. The CITY will not determine the successful proposer immediately after the proposals are opened.

All proposals submitted to the CITY shall be valid for a period of one hundred twenty

(120) days from the specified due date.

Section 41. Submittals:

The sealed envelope/package must contain one (1) original document in a three-hole punch binder, and it should represent the proposer’s complete and professional response to this solicitation. The three-hole punch binder must contain the following information in sequence:

• Attachment A Proposal Cover Sheet

• The information required per Attachment A-1 Submittal Requirements

• Attachment B Exceptions

• Attachment C Customer Reference List

• Attachment D Questionnaire

• Attachment E Resident Certification

• Attachment F Application for Local Preference mailto:Bids@missouricitytx.gov

RFP No. 24-077 Page 9 of 9

• Attachment G Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Page 2 of 2 only)

• Form 1295 Certificate of Interested Party

THE SEALED/PACKAGE MUST ALSO CONTAIN A FLASH DRIVE WITH THE

REQUESTED INFORMATION/RESPONSE AS ONE (1) COMPLETE PDF ADOBE

DOCUMENT.

Proposals that do not comply with the instructions specified herein and/or do not address the CITY’s requirements may be removed from further consideration. However, the CITY reserves the right to accept said proposal if it is determined to be in the best interests of the

CITY.

Incomplete responses may be deemed non-responsive and removed by the CITY from further consideration.

The CITY is not responsible or liable for any costs incurred (directly or indirectly) by a proposer relating to the development of a response to this solicitation, or the proposer’s participation in any presentation(s) to the CITY.

Section 42. Substitutions:

Substitutions or deviations from the requirements or terms and conditions specified herein by the successful proposer(s) will not be accepted unless it has the prior written approval of the CITY.

Section 43. Supplements:

The following documents referenced in this solicitation are attached herein:

• Attachment A Proposal Cover Sheet

• Attachment A-1 Submittal Requirements

• Attachment B Exceptions

• Attachment C Customer References

• Attachment D Questionnaire

• Attachment E Resident Certification

• Attachment F Application for Local Preference

• Attachment G Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion

• Exhibit A Scope of Services

• Exhibit B Procurement Schedule

• Exhibit C Draft Contract

• Exhibit D Evaluation Criteria

• Exhibit E Evaluation Process

Proposers are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

Attachment A-1

RFP 24-077

Attachment A-1

Submittal Requirements

1. This portion of the proposal shall be labeled “Proposer’s Qualifications/Responsiveness”

The following should be submitted in this portion of your response:

1.1 Letter of Transmittal. At a minimum, it should include the names, titles, addresses, and telephone numbers of persons who are authorized to make representations on behalf of the respondent. A statement that the person signing the letter of transmittal is authorized to legally bind the respondent, the proposal contained therein shall remain firm for a period of one hundred twenty (120) days, and will comply with the requirements set forth in this RFP. (Unless otherwise annotated on Attachment B.)

1.2 Provide a company profile/overview. Indicate the number of years your company has been in business and the type(s) of products and/or services you can provide.

1.3 Succinctly describe your understanding of the requirements of this solicitation.

1.4 If the proposer is a manufacturer’s representative, submit documentation from the manufacturer that your Firm is authorized to sell, furnish, and install the proposed AEDs.

1.5 Indicate the number of proposed AEDs you have sold to each of the Customers listed per Attachment C.

Note: The Staff Evaluation Committee will use the information provided in response to “Qualifications of the Firm” to assign a raw score relative to Evaluation Criteria 1 of Exhibit D Evaluation Criteria

2. This portion of the proposal shall be labeled “Product Specifications”.

2.1 Fully describe the proposed AED that meets the minimum specifications per Exhibit A Scope of Work.

2.2 If applicable, list those features that exceed the minimum specifications per Exhibit A Scope of Work.

2.3 Provide the documentation that substantiates that the proposed AEDs are approved by the United States Food and Drug Administration (FDA)

2.4 Indicate if the proposed AEDs have been subject to any Product Recalls.

Note: The Staff Evaluation Committee will use the information provided in response to “Company Experience” to assign a raw score relative to Evaluation Criteria 2 of Exhibit D Evaluation Criteria.

Attachment A-1

3. This portion of the proposal shall be labeled “Project Methodology”.

3.1 Describe how you propose to provide the City with the requested AEDs.

3.2 Provide the terms and conditions of the warranty services.

3.3 Indicate how the City will be provided with on-site maintenance services.

3.4 Describe what steps will be taken if the AEDs delivered to the City are subject to a Product Recall.

Note: The Staff Evaluation Committee will use the information provided in response to “Company Experience” to assign a raw score relative to Evaluation Criteria 3 of Exhibit D Evaluation Criteria.

4. This portion of the proposal shall be labeled “Value-Added-Services”.

4.1 Propose any value-added service(s).

Note: The Staff Evaluation Committee will use the information provided in response to “Reporting” to assign a score relative to Evaluation Criteria 4 of Exhibit D Evaluation Criteria.

5. This portion of the proposal shall be labeled “Proposed Cost”

5.1 Itemize all fees associated with the cost of the proposed AEDs.

5.2 List the trade-in cost of the twelve (12) existing AEDs.

5.3 Show the total cost to purchase the AEDs less the trade-in cost.

5.3.1 The total cost to purchase the AED’s should take into consideration Section 23 Freight.

Note: The Staff Evaluation Committee will use the information provided in response to “Reporting” to assign a score relative to Evaluation Criteria 5 of Exhibit D Evaluation Criteria.

Attachment A Page 1 of 1

Attachment A Proposal Cover Sheet

REQUEST FOR PROPOSAL (“RFP”) 24-077

AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDs)

LEGAL NAME OF COMPANY

PRIMARY CONTACT PERSON TITLE

PRIMARY TELEPHONE/CELL NUMBER E-MAIL ADDRESS

COMPLETE MAILING ADDRESS CITY/STATE/ZIP CODE

ALTERNATE TELEPHONE/CELL NUMBER E-MAIL ADDRESS

COMPLETE MAILING ADDRESS CITY/STATE/ZIP CODE

COMPLETE STREET ADDRESS CITY/STATE/ZIP CODE

(IF DIFFERENT FROM MAILING ADDRESS)

HISTORICALLY UNDERUTILIZED BUSINESS AUTHORIZED SIGNATURE

(YES OR NO)

YES AS DEFINED BY SECTION 2161.001 OF _____________________________________

THE GOVERNMENT CODE. COMPANY TAX ID NO.

Note: Any collection or reporting of data regarding race, gender, or any other protected classification in the context of this contract solicitation (or this contract management system) is solely for the purpose of data collection and general information reporting. The City is committed to upholding all applicable federal, state, and municipal laws and regulations regarding non-discriminatory contracting practices, and the information gathered will not be used for any discriminatory practices or as a basis for decision making with respect to any contract award.

The above agrees to comply with the requirements and terms and conditions annotated in the above-referenced solicitation and is providing the documents and information identified in the Section entitled: “Submittals”.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Attachment B Page 1 of 1

Attachment B Exceptions

The (insert name of your company) _________________________________________________ check one: *does not have (__) or **has (__) the following exceptions to the requirements specified in this solicitation:

NAME OF AUTHORIZED INDIVIDUAL SIGNATURE

Notes:

*This Attachment must be completed even if there are no exemptions.

**Attach additional sheets if necessary.

Attachment C Page 1 of 1

Attachment C Customer Reference List

Provide three (3) former or current customers your Firm has provided services similar to the work specified in this solicitation:

Customer Reference No. 1

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Dollar Amount of Contract:

Description of Services/Contract:

Customer Reference No. 2

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Customer Reference No. 3

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Attachment D Page 1 of 2

Attachment D

Questionnaire

Debarment/Suspension Information: Have you or any of the principal(s) of your company been debarred or suspended from contracting with any public entity?

Yes ___ No ___ If “Yes”, identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.

Surety Information: Have you had a bond or surety canceled or forfeited?

Yes ___ No ___ if “Yes”, state the name of the bonding company, date, amount of bond, and reason for such cancellation or forfeiture.

Bankruptcy Information: Have you ever declared bankruptcy or filed for protection from creditors under state or federal proceedings?

Yes ___ No ___ if “Yes”, state the date, court, jurisdiction, case number, amount of liabilities, and amount of assets.

Disciplinary Action: Have you received any disciplinary action, or any pending disciplinary action, from any regulatory bodies or professional organizations? If “Yes”, state the name of the regulatory body or professional organization, date and reason for disciplinary or impending disciplinary action.

Attachment D Page 2 of 2

Previous Contracts:

Have you ever failed to complete any contract awarded?

Yes ___ No ___ If “Yes”, state the name of the organization contracted with, services contracted, date, contract amount and reason for failing to complete the contract.

Has any officer or partner proposed for this assignment ever been an officer or partner of some other organization that failed to complete a contract?

Yes ___ No ___ If “Yes”, state the name of the individual, the organization contracted with, services contracted, date, contract amount, and reason for failing to complete the contract.

Has any officer or partner proposed for this assignment ever failed to complete a contract handled in his or her own name?

Yes ___ No ___ If “Yes”, state the name of the individual, the organization contracted with, services contracted, date, contract amount, and reason for failing to complete the contract.

How many full-time employees does your company employ? ________

Do you plan to subcontract any portion of the work specified herein: Yes ___ No ___

If you plan to subcontract any portion of the work, are any of the subcontractors a Historically

Underutilized Business as defined by Section 2161.001 of the Government Code? If yes, please identify:______________________________________________________________ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Attachment E Resident Certification

Chapter 2252 of the Texas Government Code “CONTRACTS WITH GOVERNMENTAL

ENTITY, SUBCHAPTER A. NONRESIDENT BIDDERS”:

In accordance with Chapter 2252 of the Texas Government Code, a governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is:

(1) Not less than the greater of the following: (A) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located; or (B) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which a majority of the manufacturing relating to the contract will be performed; or

(2) Not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in: (A) the state in which the nonresident’s principal place of business is located; or (B) a state in which the nonresident is a resident manufacturer.

Definitions

(3) "Government contract” means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.

(4) "Governmental entity” includes a municipality.

(5) “Nonresident bidder” refers to a person who is not a resident.

(6) “Resident bidder” refers to a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

I certify that as defined in Texas Government Code, Chapter 2252 that:

Yes, I am a Texas Resident bidder

No, I am not a Texas Resident bidder

COMPANY NAME:

SECRETARY OF STATE FILING NUMBER: _______________________________

PRINTED NAME:

SIGNATURE:

Attachment E Page 1 of 1

Attachment F Application for Local Preference Consideration

Section 271.9051 (b) of the Texas Local Government Code

“CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS IN

CERTAIN MUNICIPALITIES”:

If you DO NOT have your principal place of business located within the City of Missouri City, Texas – STOP – do not fill out this form.

Texas Local Government Code Section 271.9051 (b): In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of the contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.

THIS “APPLICATION FOR LOCAL PREFERENCE CONSIDERATION” DOES NOT MEAN

THE CITY OF MISSOURI CITY, TEXAS IS LIMITING RESPONSES TO THIS SOLICITATION

ONLY TO THOSE BUSINESSES LOCATED WITHIN THE CITY LIMITS. ALL RESPONSES

ARE WELCOME. THE CITY RESERVES THE RIGHT TO REJECT ALL RESPONSES.

INTERESTED FIRMS WHO WISH TO QUALIFY UNDER THE LOCAL PREFERENCES LAW

MUST HAVE THEIR PRINCIPAL PLACE OF BUSINESS LOCATED WITHIN THE LIMITS

CITY OF MISSOURI CITY, TEXAS.

If your principal place of business is within the Missouri City, Texas limits AND you want to apply for local preference consideration, then you MUST:

1. Complete this form; and

2. Describe in writing, and attach supporting documentation, the additional economic development opportunities for the City of Missouri City, Texas that will be created if you are awarded this contract. Include the number of Missouri City, Texas residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of Missouri City, Texas if you are awarded this contract.

I certify that I am a local bidder.

COMPANY NAME:

ADDRESS OF PRINCIPAL PLACE OF BUSINESS (DO NOT PUT P.O. MAILING ADDRESS):

PRINTED NAME:

SIGNATURE:

*** Read item #2 above BEFORE signing. ***

Attachment F Page 1 of 1 https://statutes.capitol.texas.gov/Docs/LG/htm/LG.271.htm

Attachment G

Instructions For Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Federal Funding

1. By signing and submitting this proposal and the certification form, the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is providing the certification set out on the following form in accordance with these instructions.

2. The certifications in this clause are a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective participant (BIDDER/PROPOSER/ SUBRECIPENT) knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) shall provide immediate written notice to the person to whom this bid/proposal is submitted if at any time the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, "without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the No Procurement List.

8. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Attachment G Page 1 of 2

Certification Regarding Debarment, Suspension, Ineligibility, And Voluntary Exclusion

Project Name:

Location:

Solicitation No.:

This certification is required (or may be required) by the federal regulations implementing Executive Order 12549, Debarment and Suspension. The regulations were published as Part VII of the May 26, 1988, Federal Register (pages 19160-19211).

READ INSTRUCTIONS BEFORE COMPLETING THE CERTIFICATION

(1) The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) certifies, by submission of this document that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State Department or Agency.

(2) Where the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation.

Company

Name and Title of Authorized Representative

Signature Date

Attachment G Page 2 of 2

RFP 24-042

Exhibit A

Exhibit A

Scope of Services

General:

The successful proposer will be required to furnish, deliver, install, and ensure the successful operation of sixteen (16) new (i.e., previously unused AEDs) and apply a trade-in credit on twelve (12) existing AEDs.

Specifications:

At a minimum, the new AEDs will meet the following specifications:

1. The AEDs and its associated components must be approved by the United States Food and Drug Administration (FDA).

2. Dual Language

3. Set of Adult Electrodes with Pediatric Use

4. Fully Automatic

5. Carrying Case

6. Lithium Batteries

7. WiFi compatibility for program management

Warranty:

8. The AEDs shall be provided with an eight (8) year warranty commencing on the date of installation.

Maintenance:

The successful proposer will be required to provide on-site annual inspections on the AEDs, and perform any services that may be required to ensure all AEDs are fully operational in accordance with the Original Manufacturer’s Specifications (OEM).

9. Replacement batteries and Electrode Pads shall be included in the on-site maintenance.

10. Provide a report on the status of the AEDs.

Exhibit A

Product Recall:

The successful proposer shall inform the City in writing if the furnished AEDs are subject to a product recall, and promptly replace them with equal AEDs during the term of the warranty period should there be a product recall.

Exhibit B Page 1 of 1

Exhibit B

Procurement Schedule

Item Event Date

Legal Posting in Fort Bend Independent Newspaper

May 15, 2024

Posting of all documents relating to this solicitation on the following websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

May 15, 2024

Deadline for the Submittal of Written Questions and/or any discrepancies per Section 12 of the solicitation to Bids@MissouriCitytx.gov.

(Note: Questions must be submitted on your company letterhead, addressed to the City’s Procurement Manager, dated, and reference “RFP 24-077”. The CITY will not respond to comments, suggestions, or observations about this project.)

3 P.M. CDT

May 24, 2024

Posting of Answers Written Questions on the following websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

(Note: You are encouraged to monitor the websites for any Amendments that may affect this solicitation.)

May 31, 2024

Due Date for Sealed Responses

(Note: See page 1 where to send the sealed responses, and the Terms and Conditions for the required Submittal Documents.)

June 21, 2024 https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.demandstar.com/ mailto:Bids@MissouriCitytx.gov https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.demandstar.com/

EXHIBIT D DRAFT PURCHASING CONTRACT

Local Contract No. 2_-___ Page 1 of 9

Rev. 8.2020

This AGREEMENT (“Agreement”) is entered into by and between the undersigned, ____________________ (“CONTRACTOR”), located at ____________________ and the City of Missouri City (“CITY”), Texas, a municipal corporation of the State of Texas, located at 1522 Texas Parkway, Missouri City, Texas 77489.

Section 1. Scope of Agreement: The CONTRACTOR agrees to provide the following products and/or services:

The CITY shall be under no obligation to pay for any additional products or services rendered without prior written authorization. The terms and conditions of this Agreement take precedence over all exhibits and attachments.

Section 2. Term and Termination: This AGREEMENT is effective ____________________ and remains in effect for approximately ____________________ from the effective date, unless sooner terminated under the terms of this AGREEMENT.

The CITY may terminate this Agreement at any time by giving thirty (30) days written notice to the CONTRACTOR. The CONTRACTOR may terminate this agreement upon thirty (30) days written notice to the CITY in the event the CITY has failed to pay the CONTRACTOR’S invoices.

If the CONTRACTOR has been providing products and/or services in accordance with this Agreement, the CITY shall pay the CONTRACTOR all amounts due up to the time of termination.

Section 3. Compensation: For and in consideration of the products and/or services provided by the CONTRACTOR pursuant to this Agreement, the CITY shall pay the CONTRACTOR the amount not exceed ___________________________________________ ($_____.____).

The CONTRACTOR shall be paid for the products and/or services and reimbursable travel expenses, if approved, as set forth in Section 1. The CITY shall pay the CONTRACTOR in accordance with the Texas Government Code, Chapter 2251.

The CONTRACTOR must submit invoices for all products and/or services, which invoices must include dates and hours of service and details of products and services provided. Invoices shall be submitted to the City staff member as noted in Section * or designee. Payment for delivery of products and/or services provided shall not be unreasonably withheld or delayed. The CITY shall be under no obligation to pay for products or services without prior authorization. Invoices shall also be submitted electronically to Accounts Payable accountspayable@missouricitytx.gov with a copy to the appropriate CITY staff member.

The CONTRACTOR shall be provided a purchase order number from the CITY and such number shall be referenced on all invoices submitted to the CITY. When the CITY believes there is an mailto:accountspayable@missouricitytx.gov

Local Contract No. 2_-___ Page 2 of 9 error on the invoice received from CONTRACTOR, the CITY has until the 21st day after receipt to notify the vendor of the dispute. If resolved in favor of the CITY, the vendor must submit a new invoice and the CITY has thirty (30) days to pay. If the dispute is resolved in favor of the vendor, interest is due from the original date on which the invoice would have become overdue.

Section 4. Expenses: CONTRACTOR shall/shall not be reimbursed for expenses incurred in the pursuit of this Agreement, including travel and/or appropriate per diem as outlined in Exhibit B.

Documentation, which shall consist of original receipts, of costs, including, but not limited to, hotel and transportation costs, shall be provided by the CONTRACTOR for all expenses incurred in the performance of this Agreement, except mileage from the CONTRACTOR’s personal automobile.

Section 5. Limit of Appropriation and Fiscal Funding: The CONTRACTOR clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the CITY shall have available the amount budgeted by the CITY to discharge any and all liabilities which may be incurred by the CITY pursuant to this Agreement and that the total maximum compensation that the CONTRACTOR may become entitled to hereunder and the total maximum sum that the CITY shall become liable to pay to the CONTRACTOR hereunder shall not under any conditions, circumstances, or interpretations, hereof, exceed the said total maximum sum provided for in this section without prior written permission from the CITY. The CITY’S fiscal year is October 1 through September 30. If this Agreement extends beyond September 30th, there shall be a fiscal funding out. If, for any reason, funds are not appropriated to continue the contract in the new fiscal year, this Agreement shall become null and void on the last day of the current appropriation of funds without penalty of any kind or form to the CITY.

Section 6. Relationship of the Parties: CONTRACTOR is an independent contractor and is not an employee, partner, joint venture, or agent of CITY. CONTRACTOR understands and agrees that he/she will not be entitled to any benefits generally available to City of Missouri City employees. CONTRACTOR shall be responsible for all expenses necessary to carry out the services under this agreement, and shall not be reimbursed by CITY for such expenses except as otherwise provided in this Agreement.

Section 7. Authority of City Project Manager: All services to be performed by the CONTRACTOR hereunder shall be performed to the satisfaction of the CITY’S project manager, namely the City Manager or his/her designee. The CITY’S project manager shall decide any and all questions, which may arise as to the quality or acceptability of the products provided or services performed by the CONTRACTOR and the decisions of the CITY’S project manager in such cases shall be final and binding on both parties. However, nothing contained herein shall be construed to authorize the CITY’S project manager to alter, vary or amend this Agreement.

Section 8. Confidentiality: During the term of this Agreement, CONTRACTOR may come in contact with confidential information of CITY. CONTRACTOR agrees to treat as confidential the information or knowledge that becomes known to CONTRACTOR during performance of this Agreement and not to use, copy, or disclose such information to any third party unless authorized

Local Contract No. 2_-___ Page 3 of 9 in writing by CITY. This provision does not restrict the disclosure of any information that is required to be disclosed under applicable law. CONTRACTOR shall promptly notify CITY of any misuse or unauthorized disclosure of its confidential information and upon expiration of this Agreement shall return to CITY all confidential information in CONTRACTOR’s possession or control.

CONTRACTOR shall further comply with all City information security policies that may apply and shall not make any press releases, public statements or advertisement referring to the products and/or services provided under this agreement or the engagement of CONTRACTOR without the prior written approval of CITY.

Section 9. Warranties and Representations: The CONTRACTOR agrees to provide products and/or services hereunder in accordance with the generally accepted standards applicable thereto and shall use that degree of care and skill commensurate with the CONTRACTOR’s trade or profession to comply with all applicable state, federal, and local laws, ordinances, rules, and regulations relating to the products and/or services provided hereunder and the CONTRACTOR's performance. CONTRACTOR’s warranty shall be for a period of thirty (30) days from the delivery of products or performance of services and ninety (90) days from the date of the installation of parts.

Section 10. Licenses/Certifications: CONTRACTOR agrees to obtain, at its own cost, any and all approvals, licenses,…