ESBD_File_341055_24-04 RFP Main Library Security Guard Services.pdf

REQUEST FOR PROPOSAL

24-04

MAIN LIBRARY SECURITY GUARD SERVICES

City of Killeen

802 N 2nd St

Killeen, TX 76541

RELEASE DATE: October 30, 2023

DEADLINE FOR QUESTIONS: November 8, 2023

RESPONSE DEADLINE: November 15, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/killeentexas https://procurement.opengov.com/portal/killeentexas

City of Killeen

REQUEST FOR PROPOSAL

Main Library Security Guard Services

I. Notice to Proposers II. Response Requirements

III. Scope of Service IV. Submission Requirements V. Evaluation of Proposals

VI. City of Killeen Reservation of Rights VII. City of Killeen General Terms and Conditions

VIII. Vendor Questionnaire

Request For Proposal #24-04 Title: Main Library Security Guard Services

1. Notice to Proposers

1.1. Summary

Main Library Security Guard Services

RFP NO. 24-04

CITY OF KILLEEN, TEXAS

The City of Killeen will receive Request for Proposals for Main Library Security Guard Services electronically through the City’s eProcurement Portal or addressed to the City of Killeen, Attn:

Purchasing Division, 802 N. 2nd Street, Building E, 2nd Floor, Killeen, Texas 76541, until 2:00 pm on Wednesday, November 15, 2023. Proposal submissions shall be plainly marked with the name and address of the vendor and “RFP NO. 24-04 Main Library Security Guard Services, 2:00 pm, Wednesday, November 15, 2023”.

Submittals received after the closing time will be returned unopened.

Vendors may register and submit proposals electronically at https://procurement.opengov.com/login.

No pre-bid conference will be held.

Questions will be accepted on the OpenGov e-bidding site, until 2:00 pm on Wednesday, November 8, 2023. Questions will be answered in the form of an addendum and posted on the OpenGov e-bidding site. It is the proposer’s responsibility to obtain and acknowledge all addendums.

Complete information regarding this solicitation may be obtained from the City of Killeen website (https://www.killeentexas.gov/414/Purchasing), Demand Star (http://www.demandstar.com?), and OpenGov E-Bidding site (https://procurement.opengov.com/login).

The City of Killeen reserves the right to reject any or all statements and waive any irregularities.

CITY OF KILLEEN, TEXAS

Lorianne Luciano

Director of Procurement and Contract Management

1.2. Background

Main Library Security Guard Services

1.3. Contact Information

Lorianne Luciano Director of Procurement and Contract Management 802 N. 2nd Street https://procurement.opengov.com/login https://procurement.opengov.com/login https://procurement.opengov.com/login https://procurement.opengov.com/login https://procurement.opengov.com/login https://www.killeentexas.gov/414/Purchasing) http://www.demandstar.com/?)

https://procurement.opengov.com/login)

Email: lluciano@killeentexas.gov Phone: (254) 501-7729

Department:

Community Development

1.4. Timeline

Release Project Date October 30, 2023

Question Submission Deadline November 8, 2023, 2:00pm

Proposal Submission Deadline November 15, 2023, 2:00pm Submit solicitation documents electronically on OpenGov:

https://procurement.opengov.com/login

OR

Mailed or delivered submissions:

City of Killeen, Attn: Purchasing Division 802 N. 2nd Street Building E, 2nd Floor Killeen, Texas 76541

Contractor Selection Date December 19, 2023 mailto:lluciano@killeentexas.gov tel:(254)501-7729 https://procurement.opengov.com/login

2. Response Requirements

2.1. Response Requirements

Vendors are encouraged to submit proposals electronically at https://procurement.opengov.com/login, however, if submitted by mail or hand delivered, one (1) original, signed, and initialed in ink (not pencil), and one (1) electronic copy on a flash drive of the entire proposal with all attachments must be received prior to 2:00 pm on Wednesday, November 15, 2023. Sealed RFP submittals must be clearly labeled on the outside of the packaging with "24-04 Main Library Security Guard Services due Wednesday, November 15, 2023, at 2:00 pm" and delivered to:

City of Killeen Attn: Purchasing Department

802 N. 2nd Street Building E, 2nd Floor Killeen, Texas 76541

It is the sole responsibility of the respondent to ensure that the sealed RFP submittal arrives at the above location by the specified deadline regardless of the method chosen for delivery. Facsimile and/or email transmittals will not be accepted in response to this RFP.

Proposers are encouraged to submit concise and clear responses to the RFP. The City reserves the right to include the proposal or any part of the selected proposal in the final contract.

Until award of contract is made, per section 252.049 (b) of the Texas Local Government Code, there will be no disclosure of contents to competing respondents. All proposals will be kept confidential during the negotiating process. Except for the trade secrets and confidential information, which the respondent identifies as proprietary, all proposals will be open for public inspection after the contract is awarded, or as otherwise required by the Texas Public Information Act.

The City of Killeen is aware of the time and effort your company expends in preparing and submitting proposals to the City. Please advise the City of any requirements causing your firm difficulty in responding to our RFP. It is the desire of the City of Killeen to make the process as workable and expedient as possible in order that all responsible vendors will be allowed to compete for the City’s business.

3. Scope of Service

The City of Killeen is soliciting Request for Proposals (RFP) from vendors that are interested and qualified to provide the services detailed in this section. Services according to these specifications shall commence at an agreed upon time by both parties to this agreement.

3.1. All offerors must be able to provide the following services:

1. City of Killeen Main Library

a. One (1) commissioned (armed) security guard during the following hours:

i. Monday, Wednesday, Friday, and Saturday of each week 8:00 a.m. until 6:15 p.m.

ii. Tuesday and Thursday of each week from 8:00 a.m. until 7:15 p.m.

iii. No officer is needed on Sundays or staff holidays

iv. Security services may be altered or reduced when the Main Library is closed due to facility failures, renovations, or for public health or safety measures.

b. At the beginning of each shift, the guard shall check in at the library’s administrative office to determine who the person in charge (PIC) is for the duration of the shift.

c. In addition to the requirements listed here, the guard will follow all directions and instructions issued by the PIC.

d. The guard must regularly patrol the entire public area of the building at least three (3) times per hour, paying special attention to areas that are out of direct sightlines, including meeting rooms, study rooms, restrooms, hallways, etc.

e. The guard shall patrol and monitor the exterior of the building and parking lot at least twice per hour.

f. The guard shall assist staff in the event of an emergency, including helping with vacating and securing the facility when an evacuation of the building is required.

g. The guard shall immediately report any illegal activity to the PIC, who will determine appropriate action and will contact local law enforcement if appropriate.

h. In situations where staff or customers are in immediate danger and the PIC is not readily available, the guard will phone 911.

i. At the close of the building and after the public has exited, the guard shall check the entire building with a special focus on all meeting rooms, restrooms, study rooms and public access computer areas to ensure that the library has been cleared of customers and is secure.

j. After closing and securing of the building the guard shall escort the remaining staff to the parking lot and remain until all staff safely depart.

k. The company must provide proof of certification or license of the individuals assigned to perform duties at the library within ten (10) days of the contract.

4. Submission Requirements

To achieve a uniform review process and obtain the maximum degree of comparability, the responses shall be organized in the manner specified below. Proposals shall not exceed 10 pages in length (excluding title pages and index/table of contents, attachments or dividers and draft contract).

The proposal and any accompanying documentation submitted becomes property of City of Killeen and will not be returned.

4.1. Firm’s profile

a. Full legal name of firm

b. Brief history of firm including year established

c. Local office location(s) – location that will serve the City of Killeen

d. Point of contact of individual(s) at the firm that would handle any issues that may arise or billing concerns during the term of the agreement.

4.2. Experience and Qualifications

a. Describe the company’s expertise and knowledge with security guard services and the training and exceptions required of each guard.

4.3. References

a. Provide a minimum of three (3) references of governmental organizations for which the company has provided security services in the past. Each reference should include, organization name, name, title email address and phone number of the point of contact at the organization referenced and the time frame security services were conducted.

4.4. Cost of Services

a. Provide an hourly rate for security services based on the hours notated within the scope of service.

4.5. Draft Contract

a. Firms shall provide a draft contract for review, notating the terms within this request for proposal.

4.6. Attachments

a. The following forms shall be attached with the proposal submittal

i. Conflict of Interest Questionnaire (CIQ)

5. Evaluation of Proposals

The Proposals will be evaluated by an evaluation committee with a minimum of three (3) to five (5) employees of the City. The recommendation of the evaluation committee is subject to approval by the City Manager and or City Council.

During the evaluation process, the Committee and the City reserve the right, where it may serve the City’s best interest, to request additional information or clarifications from submitting entities.

At the City’s discretion, submitting entities may be requested to make oral presentations as part of the evaluation process.

Proposals will be evaluated on following criteria.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience & Qualifications Points Based 50 (50% of Total)

2. References Points Based 25 (25% of Total)

3. Cost of Services Points Based 25 (25% of Total)

6. City of Killeen Reservation of Rights

6.1. Reservation of Rights

In connection with the RFP, the City of Killeen reserves all rights (which rights may be exercised by the City in its sole discretion) available to it under applicable laws, including without limitation, and with or without cause and with or without notice, the right to:

1. Cancel this RFP, in whole or in part at any time before the execution of a contract by the City of Killeen, without incurring any cost, obligations, or liabilities.

2. Issue addenda, supplements, and modifications to this RFP.

3. Revise and modify, at any time before the RFP submittal due date, the factors and/or weights of factors the City will consider in evaluating RFP submittals and to otherwise revise or expand its evaluation methodology as set forth herein.

4. Extend the RFP submittal due date.

5. Investigate the qualifications of any respondent under consideration and require confirmation of information furnished by the respondent.

6. Require additional information from a respondent concerning contents of its RFP submittal and/or require additional evidence of qualifications.

7. Waive or permit corrections to data submitted with any response to this RFP until such time as the City declares, in writing, that a particular stage or phase of its review of the responses has been completed or closed.

8. Reject at any time, any or all submittals, responses and RFP submittals received.

9. Terminate, at any time, evaluations of responses received.

10. Appoint an evaluation committee to review RFP submittals or responses and make recommendations.

11. Hold interviews, conduct discussions, and correspond with one or more of the respondents to this RFP for improved understanding and evaluation of the responses to this RFP.

12. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFP.

13. Disclose information contained in an RFP submittal to the public as required under the Texas Public Information Act.

14. Authorize respondents to substitute key personnel until the City declares, in writing, that a particular stage or phase of its review has been completed and closed.

15. Waive deficiencies in an RFP submittal, accept and review a non-conforming RFP submittal or seek clarifications or supplements to an RFP submittal.

16. Disqualify any respondent that changes its RFP submittal without the City’s authorization.

17. Exercise any other right reserved or afforded to the City of Killeen under this RFP. The City reserves the right to modify the process, in its sole discretion, to address applicable law and/or the best interest of the City.

The City shall not, under any circumstances, be bound by or liable for any obligations with respect to RFP 'Project ID 'Project Title until such time a contract has been awarded and all necessary approvals obtained in form and substance satisfactory to the City have been executed and authorized, and then only to the extent of such agreements.

7. City of Killeen General Terms and Conditions

In this general conditions document, Invitation to Bid (ITB) and Request for Proposal (RFP) are interchangeable. The terms “bid” and “proposal” are synonymous, as are the terms “contract,” “agreement” and “purchase order.” The terms “Bidder,” “Proposer,” “Supplier” and “Contractor” are also used interchangeably, and each shall apply to the business entity which submits a bid / proposal or is awarded a contract.

7.1. General Conditions

Bidders are required to submit their Bid upon the following express conditions:

A. Bidders shall make all investigation necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the Bid conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the bidder.

B. Unless specifically stated otherwise in the specifications, only new products or equipment will be acceptable.

7.2. Preparation of Bid

Bid will be prepared in accordance with the following:

A. All information required by the Bid shall be furnished. The bidder shall print or type his/her name and manually or electronically sign the Bid and each continuation sheet on which an entry is made.

B. Unit prices shall be shown and where there is an error in extension of the price, the unit price shall govern.

C. Alternate Bids will not be considered unless authorized by the City within the specifications.

D. Proposed delivery time must be shown and shall include weekends and holidays if requested by the City.

E. The City qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provision of Article 20.04(f) of the Texas Limited Sales, Excise and Use Tax Act. Taxes normally levied on the purchase, rental and lease of materials, supplies and equipment used or consumed in performance of the Contract may be exempted by issuing to suppliers an exemption certificate in lieu of tax. Exemption certificates comply with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued in lieu of tax shall be subject to State Comptroller of Public Accounts Ruling No. 95-0.09, as amended. Failure by the Bidder or the bidder’s Subcontractors to take advantage of the City’s exemption and to obtain such exemption certificate shall make him responsible for paying taxes incurred on materials furnished on the Project without additional cost to or reimbursement by the City.

7.3. Description of Supplies

Any catalog of manufacturer's reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Bidders are required to state exactly what they intend to furnish; otherwise, they will be required to furnish the item as specified.

7.4. Submission of Bid

By submitting your Bid, you acknowledge that the City of Killeen will not accept any Bid, or execute any submitted contract in conjunction with a Bid that requires the City to agree to any of the following:

• Governing law other than the law of the State of Texas

• Venue other than Bell County

• Mandatory arbitration

• Artificial limitation of liability

• Artificial statute of limitation

• Waiver of trial by jury

• Indemnify a vendor

A. Bid and changes thereto shall be enclosed in a sealed envelope addressed to the Purchasing Office, City of Killeen. The names and address of Bidder, the date and hour of the Bid opening and the Bid number shall be placed on the outside of the envelope.

B. Bids must be submitted on the forms furnished. Telegraphic Bids will not be considered.

However, Bids may be modified by written notice provided such notice is received prior to the time and date set for the Bid opening.

C. All Bid documents shall be sealed and submitted no later than the specified date and hour of the Bid opening to:

Electronically submit bids to OpenGov E-Bidding Site: (https://procurement.opengov.com/login)

OR

Delivery Address:

City of Killeen

Attn: Purchasing Division

802 N 2nd Street, Building E, 2nd Floor

7.5. Rejection of Bid

(a) The City may reject a Bid if:

1. The Bidder mistakes or conceals any material fact in the Bid, or if

2. The Bid does not strictly conform to law or the requirements of the Bid, or if

3. The Bid is conditional, except that the Bidder may qualify his Bid for acceptance by the City as an "All or None" basis.

(b) The City may, however, reject all Bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a Bid unless the Bid has been qualified as provided in section 5(a) 3 above.

7.6. Withdrawal of Bid

A bidder may withdraw a bid that has been submitted at any time up to the due date and time. To accomplish this, mailed or hand delivered bids require a written request signed by an authorized representative of the bidder and emailed to the Director of Procurement and Contract Management at lluciano@killeentexas.gov. Bids submitted on the City's eProcurement Portal can be withdrawn on the City's eProcurement Portal. All bids shall be valid for a period of ninety (90) days after the bid opening.

The City reserves the right to withdraw this Invitation for Bid for any reason.

7.7. Late Bid or Modifications

Bid and modifications received after the time set for the Bid opening will not be considered.

7.8. Clarification or Objection to Bid Specifications

If any person contemplating submitting a Bid for this contract is in doubt as to the true meaning of the specifications, or other Bid documents, or any part thereof, he may submit to Purchasing, a request for clarification by the deadline established in the Bid. All such requests for information shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the Bid, if made, will be made only by an addendum duly issued. A copy of such addendum will be distributed to all known bidders who have expressed an interest in this bid. The City will not be responsible for any other explanation or interpretation of the proposed Bid made or given prior to the award of the contract. Any objection to the specifications and requirements, as set forth in the Bid documents must be filed in writing with the Purchasing Division by the deadline established in the Bid.

7.9. Discounts

A. Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business.

https://lluciano@killeentexas.gov

B. In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date.

Payment is deemed to be made on the date of mailing of the check.

7.10. Award of the Contract

(a) The contract will be awarded to the lowest responsible bidder or if applicable, the responsible bidder who provides goods or services at the most advantageous value for the municipality. “Lowest responsible bidder” means the Bidder submitting the lowest bid meeting all requirements of the specifications, instructions, and terms and conditions of the bid and who has the financial and practical ability to perform all obligations of the Contract fully and reliably, taking into consideration qualifications and past performance of the Bidder. The following are considered examples of performance that is not responsible and may lead to a determination that the Bidder is not responsible:

• Falsification of information provided in bid response;

• Non-observance of safety requirements;

• Failure to meet requirements of federal, state, or local law, as applicable, including employment;

• Substantial failure to adhere to contractually agreed-upon schedules; and

• Poor past performance on City projects such as use of defective materials, refusal to correct defective work not in accordance with contract documents, failure to reasonably resolve disputes, termination for cause, or performance leading to litigation.

Determination of most advantageous Bid for the municipality may be based on, but not limited to:

• Unit price

• Total Bid price

• Terms and discounts

• Delivery date

• Product warranty

• Special needs and requirements of City

• Past experience with product/service

• City's evaluation of the bidder's ability, financial strength, and ethical standards

• Quality of the bidder’s goods or services

• The extent to which the goods or services meet the municipality’s needs

• Bidder's past performance

• Demurrage charges, freight costs and mileage

• Estimated costs of supplies, maintenance, etc.

• Estimated surplus value, life expectancy

• Results of testing samples

• Conformity to specifications

• Training requirements, location, etc.

• Location of maintenance facility/service person; ability to provide for minimum down time

• The total long-term cost to the municipality to acquire the bidder’s goods or services

• Reputation of bidder and of bidder goods and services

(b) The City reserves the right to accept any item or group of items of this Bid, unless the Bidder qualifies his Bid by specific limitation. Reference section 5(a) 3 above.

(c) A written award of acceptance mailed or otherwise furnished to the successful Bidder(s) will then be followed up with a contract/service agreement for review by the

City’s legal team, if not otherwise specified within.

(d) Prices must be quoted "F.O.B. Destination (Killeen) with all transportation charges prepaid," unless otherwise specified in the Bid.

(e) If identical Bids are received from two or more bidders and those Bids are the lowest and best Bid, the tie shall be broken in accordance with provisions in Chapter 271 of the Texas Local Government Code.

(f) As stated in Section 271.905 (b) of the Texas Local Government Code, “In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more competitive sealed Bids from a bidder whose principal place of business is in the local government and whose Bid is within three percent of the lowest Bid price received by the local government from a bidder who is not a resident of the municipality, the local government may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.”

(g) As stated in Section 271.9051 (b) of the Texas Local Government Code, “In purchasing real property or 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 an expenditure 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 local government determines, in writing, that the local bidder offers the municipality the best combination of 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.”

7.11. Ex Parte Communication

Please note that to ensure the proper and fair evaluation of a proposal, the City prohibits ex parte communication (e.g., unsolicited) initiated by the Proposer to a City Official or employee evaluating or considering the proposal prior to the time a formal decision has been made. Questions and other communication from proposers will be permissible with only the Director of Procurement and Contract Management until the time and the day specified as the deadline for questions. Any communication between Proposer 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 proposals. Participation in any ex parte communication, whether or not initiated by the Proposer, may be grounds for disqualifying the offending proposer from consideration or award of the solicitation then in evaluation, or any future solicitation.

Additionally, neither the City of Killeen City Council nor City staff, except in the course of City-Sponsored inquiries, briefings, interviews, or presentations, shall initiate any contact with a Proposer or directly discuss or promote any proposal with any Proposers, including their agents and representatives.

7.12. Bid Protest

Any bidder wishing to file a protest concerning alleged improprieties with this solicitation must submit the protest in written format to the Purchasing Division within 5 business days after the specified time of the Bid opening. The formal written protest must identify the name of the bidder contesting the solicitation, the project name and number, and the specific grounds for the protest with all supporting documentation. A response to the protest will be prepared by Purchasing within 10 business days of receipt of the protest. All determinations made by the City are final.

7.13. Termination for Governmental Non-Appropriations

This contract is a commitment of the City’s current revenues only. Should the terms of the Bid require payment of funds over more than the current fiscal year ending September 30, the following shall apply:

(a) For each lease, City represents and warrants: that it has appropriated and budgeted the necessary funds to make all rent payments required pursuant to such lease for the remainder of the fiscal year in which the payment term commences; and that it currently intends to make rent payments for the full lease term as scheduled in the applicable payment schedule if funds are appropriated for the rent payment in each succeeding fiscal year by its governing body. Without contractually committing itself to do so, City reasonably believes that monies in an amount sufficient to make all rent payments can and will lawfully be appropriated; therefore, City agrees to budget requests to include the rent payments payable during each fiscal year in the budget requests presented to City’s governing body for each fiscal year; provided, that City’s governing body retains authority to approve or reject any such budget request. All rent payments shall be payable out of the general funds of the City or out of other funds legally appropriated, therefore. Lessor agrees that no lease will be a general obligation of the City and no lease shall constitute a pledge of either the full faith and credit of the City or the taxing power of the City.

(b) If City’s governing body fails to appropriate sufficient funds in any fiscal year for rent property or other payments due under a lease and if other funds are not legally appropriated for such payment, then a non-appropriation event shall be deemed to have occurred. If a non-appropriation event occurs, then: (1) the City shall give lessor immediate notice of such non-appropriation event and provide written evidence of such failure by the City’s governing body; (2) on the return date, the City shall return to

Lessor all of the equipment covered by the affected lease, at the City’s sole expense; (3) the affected lease shall terminate on the return date without penalty to the City;

(4) return date means the last day of the fiscal year for which appropriations were made for the rent payments due under a lease.

7.14. Termination of Contract

This contract shall remain in effect until the contract expires, delivery/completion and acceptance of products and/or performance of services ordered, or until terminated by either party with a thirty (30) day written notice prior to any cancellation. All bidders must state therein the reasons for such cancellation. The City reserves the right to award a cancelled contract to the next best offeror as it deems to be in the best interest of the City.

7.15. Assurance of Compliance

For Equal Employment Opportunity and Small and/or Minority Business Enterprise Requirements the bidder agrees that if this Bid is accepted, he/she will not engage in employment practices which 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.

7.16. Conflict of Interest Disclosure Questionnaire

The Bidder agrees that if a member of the City Council, a Councilmember’s close relative, or any officer or employee of the City has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City any land, materials, supplies or services except on behalf of the City, as an officer or employee, the official shall file before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:

(a) in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or

(b) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Killeen, including affiliations and business and financial relationships such persons may have with the City of Killeen. An explanation of the requirements of Chapter 176 and complete text of the new law are available at:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

7.17. Gratuities

It shall be a breach of ethics to offer, give, or agree to give any employee of the City or for any employee of the City to solicit or accept from another person, a gratuity, or an offer of employment in connection with any decision regarding any part of a program requirement, proposal, or purchase request pending before the City.

7.18. Kickbacks

It shall be a breach of ethics for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the City, or any person associated therewith, as an inducement for the award of a subcontract or order.

7.19. Venue for Legal Action

This agreement shall be governed and construed according to the laws of the State of Texas. Venue for purposes of any and all lawsuits, causes of actions, claims or disputes shall be in Bell County, Texas.

7.20. Conflicts in Terms and Conditions for Bids

If any conflicts exist between the Terms and Conditions for Bids and the standard form of agreement between the owner and Bidder, the standard form of agreement between the owner and bidder shall prevail.

7.21. Insurance

All bidders shall have the appropriate amount of insurance while delivering the items once awarded, this coverage shall be present as to cover all losses up until the City accepts the items in writing.

A. Comprehensive General Liability and Property Damage Insurance.

The bidder shall take out and maintain during the life of this Contract such Comprehensive General Liability and Property Damage Insurance as shall protect the City from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from delivering the item under this contract, whether such operations be by himself or by a subcontractor or by anyone directly or indirectly employed by either of them, and the minimum amounts of such insurance shall be as follows:

Bodily Injury

(1) Each Occurrence - $1,000,000

(2) Annual Aggregate - $2,000,000

Property Damage Insurance

(1) Each Occurrence - $1,000,000

(2) Annual Aggregate - $2,000,000

B. Comprehensive Automobile Liability.

Bodily Injury

(1) Each Person - $500,000

(2) Each Accident - $1,000,000

Property Damage

(1) Each Occurrence - $1,000,000

7.22. Disclosure of Interested Parties

Texas Government Code Section 2252.908 requires that parties contracting with governmental entities submit a disclosure of interested parties form for contracts entered into after January 1, 2016.

Successful bidders shall electronically submit the form at the following website:

https://www.ethics.state.tx.us/filinginfo/1295/ and provide the City with a certified copy prior to Council approval of the Bid award.

7.23. Acknowledgement – “Boycott Israel”

By signing and submitting this bid the vendor hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section 808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

7.24. Acknowledgement – "Boycott Energy Companies”

By signing and submitting this bid the vendor hereby verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined in Texas Government Code section 809.001 to mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

7.25. Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries”

By signing and submitting this bid the vendor hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

8. Vendor Questionnaire

8.1. Conflict of Interest Questionnaire (Form CIQ)*

Please download the below documents, complete, and upload.

• Conflict_of_Interest_Questi...

*Response required

8.2. Certificate of Interested Parties (Form 1295)*

If awarded, vendor must submit the Certificate of Interested Parties Form 1295 online.

Texas Government Code Section 2252.908 requires that parties contracting with governmental entities submit a disclosure of interested parties form for contracts entered into after January 1, 2016.

Successful bidders shall electronically submit the form at the following website:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and provide the City with a certified copy prior to Council approval of the award.

Please confirm that you shall file the Certificate of Interested Parties (Form 1295) if awarded the contract.

☐ Please confirm

*Response required

8.3. Acknowledgement – “Boycott Israel*

By submitting this proposal the vendor hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section 808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

☐ Please confirm

*Response required

8.4. Acknowledgement – "Boycott Energy Companies”*

By submitting this proposal the vendor hereby verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined in Texas Government Code section 809.001 to mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:

(A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

☐ Please confirm https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/242/d4645b5a-a7c0-4e59-9b36-9e0a2e52fdd3_Conflict_of_Interest_Questionnaire_%28Form_CIQ%29.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1698762520&Signature=FFSmcUCcR53g%2FrM5zHej%2FWmz%2BkM%3D&response-content-disposition=attachment%3B%20filename%3D%22Conflict_of_Interest_Questionnaire_%28Form_CIQ%29.pdf%22

*Response required

8.5. Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries”*

By submitting this proposal the vendor hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

☐ Please confirm

*Response required

8.6. Antitrust Law Certification*

The vendor hereby certifies that neither the vendor nor the entity represented by the vendor, or anyone acting for such entity has violated the antitrust laws of the State of Texas, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, prior to the solicitation opening with any competitor or any other person engaged in such line of business.

☐ Yes ☐ No

*Response required

8.7. Litigation Disclosure*

Have you or any member of your Firm or Team to be assigned to this engagement ever been indicted or convicted of a felony or misdemeanor greater than a Class C in the last five (5) years?

☐ Yes ☐ No

*Response required

8.8. Has the owner(s) of the company been convicted of a crime within the past 10 years?*

☐ Yes ☐ No

8.9. Has the company been in bankruptcy, reorganization, or receivership in the last 5 years?*

☐ Yes ☐ No

*Response required

8.10. Has the company been disqualified or debarred by any public agency, including the Federal Government, from participation in public contracts?*

☐ Yes ☐ No

*Response required

8.11. Does any City of Killeen employee or official have any financial or other interest in your company?*

☐ Yes ☐ No

*Response required

8.12. When can service commence after award (number of days)?* *Response required

8.13. Point of contact to resolve issues (delivery or invoice):* Please provide the name, title, address, email, and phone number of contact.

*Response required

8.14. Copyrighted Material*

Texas Public Information Act

Steps to Assert Information Confidential or Proprietary

All bids or proposals, data, and information submitted to the City of Killeen are subject to release under the Texas Public Information Act (“Act”) unless exempt from release under the Act. You are not encouraged to submit data and/or information that you consider to be confidential or proprietary unless it is absolutely required to understand and evaluate your submission.

On each page where confidential or proprietary information appears, you must label the confidential or proprietary information. Do not label every page of your submission as confidential as there are pages (such as the certification forms and bid sheet with pricing) that are not confidential. It is recommended that each page that contains either confidential or proprietary information be printed on colored paper (such as yellow or pink paper). At a minimum the pages where the confidential information appears should be labeled and the information you consider confidential or proprietary clearly marked.

Failure to label the actual pages on which information considered confidential appears will be considered as a waiver of confidential or proprietary rights in the information.

In the event a request for public information is filed with the City which involves your submission, you will be notified by the City of the request so that you have an opportunity to present your reasons for claims of confidentiality to the Texas Attorney General.

☐ The proposal/bid submitted to the City contains NO confidential information and may be released to the public if required under the Texas Public Information Act.

☐ The proposal/bid submitted contains confidential information, which is labeled.

*Response required

8.15. If your proposal contains confidential information identify where it is located.

Where in your proposal is the confidential information? Please be specific.

8.16. Does bidder maintain insurance as specified herein (see insurance requirements within the specifications and terms and conditions)?*

Answer YES or

If your answer is NO, then please describe the differences here.

*Response required

8.17. Insurance Broker Information*

Please provide your Insurance Broker's Name, contact name, phone number, fax number, and email address.

*Response required

8.18. Are there claims that are pending against this insurance policy?* Answer No or

If yes, please describe:

*Response required

8.19. Proposal Documents*

Please Upload your COMPLETE Proposal here.