RFP 25-021 CLAIMS RECOVERY SERVICES.pdf

CITY OF NEW BRAUNFELS

REQUEST FOR PROPOSALS

Claim Recovery Services Solicitation # RFP 25-021

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SOLICITATION

AND

OFFER

City of New Braunfels Purchasing

550 Landa Street New Braunfels, Texas 78130

Solicitation Number: RFP 25-021

Claims Recovery Services

Invitation for Bid (IFB)

Request for Proposals (RFP)

Date Issued:

04/10/2025

SOLICITATION

Respondents must submit online or sealed responses containing one (1) signed original hardcopy and one (1) in electronic format

(USB).

Submissions will be received electronically via BidNet Direct or at the office of the City Secretary at the address shown above until:

3:00 P.M. (CST), MAY 13, 2025

Submissions received after the time and date set for submission will be returned, unopened, upon request.

For information regarding this solicitation, contact:

(NO collect calls, Telegraphic, Email, On-Line or Fax offers accepted)

Julie Gohlke, CPPO, NIGP-CPP

Assistant Purchasing

Manager

Email: jgohlke@newbraunfels.gov

5% Proposal Bond Required:

100% Payment Bond Required:

100% Performance Bond Required:

YES

NO

OFFER

(This portion must be fully completed by Proposer.)

RFP’s must be submitted by persons authorized to commit the responding qualified respondent to a procurement contract or agreement. By submitting your written proposal, you represent and warrant that your submitted proposal does not contain information that will violate the rights of any third party.

Respondent will comply with the General Terms and Conditions required by the City of New Braunfels.

In compliance with the above, upon contract award the undersigned offers and agrees to furnish any or all items or services awarded for each item delivered at the designated point(s) and within the time specified herein.

CONTRACT AWARD SHALL INCLUDE ALL ASSOCIATED SOLICITATION DOCUMENTS, ATTACHMENTS AND ADDENDA.

SIGNATURE IS MANDATORY; ELECTRONIC OR MANUAL SIGNATURES WILL BE ACCEPTED. SIGNATURE SHOULD ALSO BE

REFLECTED ON USB COPY OR ELECTRONIC SUBMISSION.

Name

Name and Title of Person Authorized to Sign Offer:

E-Mail Address:

Phone Number:

Fax Number:

and Address of Respondent:

Signature:

Date:

Name, Address, email, and Telephone Number of Person authorized to conduct negotiations on behalf of Respondent.

(Applies to Request for Proposal only)

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SECTION 2 – TABLE OF CONTENTS

SECTION 1 – SOLICITATION AND OFFER FORM 1

SECTION 2 – TABLE OF CONTENTS 3

SECTION 3 – INSTRUCTIONS FOR PROPOSAL 4

SECTION 4 – PROJECT DESCRIPTION AND SCOPE OF WORK 8

SECTION 5 – QUALIFICATIONS AND EVALUATION CRITERIA 10

SECTION 6 – CONTRACT TERMS AND CONDITIONS 13

ATTACHMENT A – COST PROPOSAL FORM 21

ATTACHMENT B - COMPANY INFORMATION AND VENDOR CERTIFICATIONS 23

ATTACHMENT C - EXCEPTIONS AND ALTERNATIVES FORM 27

APPENDIX ONE – SAMPLE AGREEMENT

RFP xx-xxx Title Title

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SECTION 3

RFP INSTRUCTIONS FOR PROPOSAL

3.1 PURPOSE

This Request for Proposal (RFP) is issued by the City of New Braunfels, (hereinafter referred to as the “City”). The purpose of this RFP is to request proposal submissions from interested and qualified service providers qualified to provide Claims Recovery Services on behalf of the City as more specifically described in Section 4 of this RFP.

The RFP contains submission requirements, the scope of service, period of service, terms and conditions and other pertinent information for submitting the proper and responsive proposal.

3.2 AVAILABLE DOCUMENTS

Solicitation documents may be obtained from:

• the BidNet Direct website: https://www.bidnetdirect.com/texas/city-of-new-braunfels

• the City of New Braunfels’ website: https://www.newbraunfels.gov/2694/Solicitations

3.3 SOLICITATION SCHEDULE

DATE MILESTONE

APRIL 7, 2025 RFP issued on https://www.bidnetdirect.com/texas/city-of-new-braunfels and https://www.nbtexas.org/2694/Active-Solicitations

APRIL 21, 2025 Deadline to receive questions shall be 5:00 P.M.

MAY 13, 2025 Proposal submission deadline – 3:00 P.M.

MAY-JUNE City Evaluation JULY Anticipated Contract Award **City Evaluation and Anticipated Contract Award dates are estimates only and are subject to change without further notice.

3.4 SUBMISSION OF PROPOSALS

(a) Electronic Bidding. The City of New Braunfels has partnered with its third-party vendor, Texas Purchasing Group (BidNet Direct) as its e-procurement site. For this Request for Proposal, electronic bid submission is another option available to Proposers. The link to BidNet Direct website: https://www.bidnetdirect.com/texas/city-of-new-braunfels.

You must register on their site prior to your electronic submission. If you have any problems completing your vendor registration or submitting your electronic bid, please contact BidNet at (800) 835-4603, Option 2, to speak with live customer support.

If submitting an electronic bid through BidNet, an original hardcopy and USB will not be required.

(b) Deliver your Proposal, or changes to your Proposal, in SEALED ENVELOPES OR PACKAGES identified on outside as a Request for Proposal to Owner, with Respondent’s name and address, and solicitation name. Failure to submit Proposal in this manner may subject Respondent to disqualification. Proposal may be delivered in person to the New Braunfels City Hall, or by Express Mail or delivery service to:

City of New Braunfels City Secretary’s Office/Front Lobby ATTN: Purchasing https://www.bidnetdirect.com/texas/city-of-new-braunfels https://www.newbraunfels.gov/2694/Solicitations https://www.bidnetdirect.com/texas/city-of-new-braunfels https://www.bidnetdirect.com/texas/city-of-new-braunfels https://www.nbtexas.org/2694/Active-Solicitations https://www.bidnetdirect.com/texas/city-of-new-braunfels

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550 Landa Street New Braunfels, TX 78130

The outside of the Proposal envelope or package must state:

“RFP 25-021 CLAIMS RECOVERY SERVICES”

It is the sole responsibility of the respondent to ensure timely delivery of the Proposal. Owner will not be responsible for failure of service on the part of the U.S. Post Office, courier services, or any other form of delivery service chosen by the respondent. PROPOSALS

RECEIVED AFTER THE CLOSING DATE AND TIME WILL NOT BE ACCEPTED OR

CONSIDERED.

(c) An authorized official of the firm must print or type their name and SIGN THE ORIGINAL

PROPOSAL, AND USB COPY MUST REFLECT THE SAME SIGNATURE.

(d) Proposals may not be withdrawn after the time set for the closing, unless approved by the

City.

(e) Your offer or a modification to your offer is LATE if received after the time set for Proposal opening and will not be considered.

(f) To achieve a uniform review process and to obtain a maximum degree of comparability, the

City of New Braunfels requires that Proposals be submitted with one (1) original master (marked ‘original’), and one signed USB electronic copy of all documents listed below. If submitting an electronic bid through BidNet, an original hardcopy and USB will not be required.

Each Proposal completed and signed by person(s) authorized to bind individual, partnership, firm, corporation, or any other legal entity, will include the following in one envelope/package:

• TAB 1 - Solicitation and Offer Form: Complete and sign form located on Page 1.

• TAB 2 – Attachment A – Cost Proposal Form

• TAB 3 - Cover Letter - Name and address of the Respondent, as well as a brief description of the company and its history, and how this makes the Proposer qualified for this bid.

• TAB 4 - ATTACHMENT B – COMPANY INFORMATION AND CERTIFICATIONS

• TAB 5 - Experience, Qualifications, Key Personnel, and Resources – Reference Section

5.1 1: Proposer’s Qualifications, Abilities, and References)

• TAB 6 - Local Ties and Knowledge – Describe the Respondent’s ties to and knowledge of the New Braunfels Community

• TAB 7 - Additional Supporting Documentation o Prime and Sub-Respondents: Conflict of Interest Form (per Section 3.14) o Prime Respondent: Certificate of Interested Parties – Form 1295 (per Section

3.15)

5 | P a g e o Prime Respondent: Proof of Insurance: One copy completed and singed. A “for information purposes only” copy is acceptable. The awarded Contractor will be required to provide their certificate of insurance prior to contract award.

o Attach copies of contractor’s license, certifications, or any other documentation not referenced under another tab.

• TAB 8 - Deviations from Request for Proposal – (Reference Attachment C-

EXCEPTIONS AND ALTERNATIVES FORM

o Proposer is to indicate any deviations being offered in lieu of specified language referenced in the solicitation.

3.5 CONTACT QUESTIONS

All questions concerning this solicitation shall be submitted in writing, on or before the date specified in Section 3.3: Proposal Schedule, via BidNet Direct or via email to the Purchasing Representative.

Purchasing Representative:

Julie Gohlke

Assistant Purchasing Manager email JGohlke@newbraunfels.gov

All questions and/or clarification submittals shall identify the RFP in the subject line of the email message as follows:

Questions – RFP 25-021 Claims Recovery Services

All prospective respondents are hereby instructed to not contact any member of the City of New Braunfels’ City Council, City Manager, evaluation committee, or City of New Braunfels’ staff members other than the Purchasing Representative. Any such contact may be cause for rejection of your Proposal.

3.6 RESPONSES TO QUESTIONS/INQUIRIES

Responses to questions/inquiries that directly affect an interpretation or change to this RFP will be issued in writing by Purchasing as an addendum and posted at:

• https://www.bidnetdirect.com/texas/city-of-new-braunfels and

• the City’s website https://www.newbraunfels.gov/2694/Solicitations

All such addenda issued by the Purchasing Representative before the time that Proposals are received shall be considered part of the RFP.

Only those inquiries the Purchasing Office replies to by addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

3.7 SOLICITATION UPDATES

Respondents shall be responsible for monitoring the City’s website or BidNet Direct for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and mailto:BColeman@nbtexas.org https://www.bidnetdirect.com/texas/city-of-new-braunfels https://www.newbraunfels.gov/2694/Solicitations

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3.8 EXCEPTIONS AND DEVIATIONS

Any exceptions to the specifications or objectives of the solicitation document must be clearly stated in Respondent’s Proposal using Attachment C.

3.9 COMPETITIVE PROPOSALS

Proposals will not be opened publicly to avoid disclosure of contents to competing respondents and kept confidential during the process of negotiation. However, all Proposals will be open for public inspection after award except for trade secrets and confidential information contained in the Proposals and identified as such by the Proposer. Marking the entire Proposal as confidential and/or proprietary is not in conformance with the Texas Open Records Act.

3.10 PROPOSALS AND MATERIALS SUBMITTED

All Proposers who choose to participate in the selection process or respond to the RFP agree that the City owns all rights related to the materials submitted in response to this RFP. Such materials will not be returned to the respondents and may be used by the City and its designees as may be in its best interest in any manner and in any media whatsoever.

3.11 SAFEGUARDING OF INFORMATION AND DATA

The Contractor will safeguard all information and data provided by the City. Further, Contractor will not sell or make available data or mailing lists compiled from data received from the City without the express written approval of the City Council, through the City’s Finance Department, Purchasing division, with appropriate remuneration to the City

3.12 WHAT IS NOT ACCEPTED

A Proposal submitted by facsimile transmission (FAX) or by electronic mail (EMAIL) will NOT be accepted. A Proposal response received AFTER the deadline (as stated above) for submitting the Proposal response will NOT be considered under any circumstances and will be returned unopened to the submitter.

3.13 NON-NEGOTIABLE TERMS

The following terms or conditions are not negotiable:

a. Unfunded Liability. The City will not incur a debt or obligation to pay selected Proposer any amounts the City does not have the current funds available to pay, unless the contract includes a provision for the City to appropriate funding for the debt or obligation.

b. Advance Payments. The City will not make advance payments to a selected Proposer or any third party pursuant to this RFP or resulting contract.

c. Gift of Public Property. The City will not agree to any terms or conditions that cause the City to lend its credit or grant public money or anything of value to the selected Proposer.

d. Procurement Laws. The City will not agree to any terms or conditions that cause the City to violate any federal, Texas, or local procurement laws, including its own charter.

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e. Limitation of Liability. The City will not agree to allow the selected Proposer to limit its liability for breach or default of contract to the contract amount or to the amount the City has paid up to the time of the breach or default.

f. Attorney’s fees; Legal Costs. The City will not agree to pay the selected Proposer attorney’s fees or other legal costs under any circumstances.

g. Delinquent Payments; Interest. The City will not consider a payment delinquent, which is made within 30 days of receipt of the selected Proposer’s approved invoice, in accordance with Texas law. If the City does not pay what is due and owing within the 30 days, the City will not agree to pay more than 1% interest per month on the overdue amount, in accordance with Texas law.

h. Venue; Applicable Law. This RFP and any resulting contract will be governed and construed according to the laws of the State of Texas. The terms and conditions of the contract awarded pursuant to the RFP are fully performable in Comal County, Texas and venue for any dispute regarding contract shall be in Comal County, Texas.

3.14 CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ)

In accordance with Chapter 176 of the Texas Local Government Code, “Disclosure of Certain Relationships with Local Government Officers,” persons, or their agents who seek to who seek to contract for the sale or purchase of property, goods, or services with the City, shall file a Conflict of Interest Questionnaire (Form CIQ) with the City Secretary if the vendor has a business relationship as defined by Section 176.001(1-a) with the City and the vendor meets requirements under Section 176.006(a).

Form CIQ is available from the Texas Ethics Commission by accessing the following web address:

https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm

If applicable, the completed Conflict of Interest Questionnaire (Form CIQ) shall be included with their response.

3.15 CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

A proponent that will be awarded a contract that is greater than $50,000 is required to electronically create a Certificate of Interested Parties Form 1295 through the Texas Ethics Commission (“TEC”) website: https://www.ethics.state.tx.us/filinginfo/1295/ and submit a signed copy of the form to the City prior to the award of the contract. A contract, including a City-issued purchase order, will not be enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form 1295 from the vendor.

https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm https://www.ethics.state.tx.us/filinginfo/1295/

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SECTION 4

PROJECT DESCRIPTION AND SCOPE OF WORK

4.1 CITY BACKGROUND:

The City of New Braunfels is a historic city located in the Texas Hill Country, situated in Comal and Guadalupe Counties, between the nation’s seventh (7th) largest city, San Antonio, to the south, and the Texas capital, Austin, to the north, with easy access to each along Interstate Highway 35.

Interstate Highway 10, less than ten (10) miles to the south, provides access to Houston, three (3) hours to the east. Founded in 1845, New Braunfels has a rich history and, in light of the tremendous growth, still retains its cultural heritage which influences its architecture, community activities, branding, pride of citizenship, and way of life.

The City of New Braunfels averages around 900 team members across the organization throughout 18 departments and an average of 100 property and casualty claims annually. Risk Management is a function of Human Resources with two dedicated City team members. Our Risk Management Coordinator handles the administrative and team member relations in addition to the overall management of workers’ compensation, property and auto accident claims. Our Human Resources Safety Liaison lays the groundwork for our safety culture through education, observation, and assessments.

4.2. SCOPE OF WORK

The City is soliciting proposals from qualified firms to transition its recovery of funds for not-at-fault claims to a third-party administrator.

The City is seeking a vendor who will work proactively with City staff to provide overall management and recovery services from not-at-fault claims, including but not limited to physical damage, total loss, repair related diminution of value, loss of use, loss of revenue, recovered feeds, and other property damage. In addition, the Proposer shall provide recovery data, explanation of claim and recovery process, as well as any related services not mentioned above.

4.3 MINIMUM REQUIREMENTS

The city is seeking a vendor or team to provide services including, but not limited to:

• Recovery of not-at-fault claims funds;

• Provide necessary personnel to go back through historical claims documentation to recover any remaining monies;

• Enforce payments from uninsured drivers;

• Provide a portal for claim recovery management for easy tracking and updates;

• Monthly invoicing of payments to be received by City;

• Scheduled payment dates for recovered funds to be received by the City;

To perform these services, the Proposer must have sufficient administrative and management resources to perform the following task associated with the project:

The Proposer and the City will mutually establish routine written procedures, within the scope of these specifications, for handling the services described herein. Such procedures are subject to the City’s approval.

The Proposer will maintain adequate records of the services performed and make such records available for inspection and audit by the City’s staff at all times.

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The Proposer will identify the project manager assigned to the City and any professionals directly involved in providing services to the City in execution of contracted services and provide their direct contact phone numbers and email addresses.

4.4 PERSONNEL REQUIREMENTS AND ADMINISTRATION

Proposer shall provide at minimum the following:

Portal for claim recovery management for easy tracking and status updates;

single Point of Contact for City’s account to assist with questions and/or guidance on claims recovery;

Customer Service Support for any portal and/or account needs;

Keep an accurate record of all claims recovery, their resolution, and the action taken to contact the at-fault party. All such records shall be retained during the term of this Agreement and make available to the City Contract Manager upon request.

4.5 Project Background and Data

The City of New Braunfels is part of the Texas Municipal League Intergovernmental Risk Pool (TML) who is the third-party administrator for all claims. Within the City, Risk Management is housed within the Human Resources Department and currently has one team member dedicated to the administration and overall management of claims. In a lookback to 2021, the City of New Braunfels has approximately twenty-two not-at-fault claims with money left on the table. Human Resources does not have the bandwidth to subrogate claims ourselves. We are looking to outsource these efforts to mitigate our claim frequency with TML and have experts able to pursue lost funds we have been unable to recover.

4.6 Technical Support

The ideal Proposer would have a cloud-based portal for overall claims recovery management. This portal would allow functionality to upload claims documents, provide status updates of the claim recovery, and anticipated payment. Customer service messaging within the portal would be helpful, in addition to provided customer service support for any account issues.

4.7 COORDINATION MEETINGS AND ADMINISTRATION OF CONTRACT

The successful Proposer shall appoint a representative who will interface and represent the successful Proposer in all administrative matters concerning this Contract, including correction of problems, reducing costs, data sharing, etc.

SECTION 5

QUALIFICATIONS AND EVALUATION CRITERIA

5.1 SELECTION PROCESS

It is the intent of the City to make one award to the respondent offering the best value to the City, based on evaluation criteria listed in this solicitation and proposer’s submitted proposal.

The City’s evaluation team will rank respondents meeting the evaluation criteria and the requirements of the needed services outlined in the solicitation and as outlined in the respondent’s proposal.

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The respondent selected for award will be awarded an Agreement to provide services as specified.

The criteria to be considered by The City in evaluating proposals and selecting Contractor, will be those factors listed below with their relative weightings:

1. Proposer’s Qualifications, Abilities, and Reputation: (30 points)

1.1 Proposer’s demonstrated competence and experience in providing the requested services, including the quality of Proposer’s references from past and present clients.

1.2 The qualifications, education, and experience of the team members proposed by

Proposer to conduct and supervise its services for the City.

1.3 Proposer’s past relationship with City, and Proposer’s experience performing the requested services for entities similar in nature.

1.4 Proposer’s ability to perform the required services within the time periods projected, based on Proposer’s demonstrated capabilities, staffing, financial stability, and creative resources.

1.5 Proposer’s demonstrated awareness of the present environments and likely future developments related to the requested services.

2. Quality of Proposed Services: (30 points)

2.1 The overall demonstrated quality of Proposers’ goods and/or services in accordance with the Scope of Work

2.2 Quality Assurance Plan

2.3 Proposer’s proposed timeline for completion of the scope of work

3. Cost: (35 points)

The cost to City required to secure Proposer’s proposed Services, including any long-term costs.

4. Responsiveness of Proposal: (5 points)

The extent to which Proposer’s response relates to the specific environment, requirements, and needs of City; the quality and level of substantive detail and clarity of content provided in Proposer’s response.

5. Threshold Criteria Not Scored:

1.1 Ability of City to comply with laws regarding Historically Underutilized Businesses; and

1.2 Ability of City to comply with laws regarding purchases from persons with disabilities.

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6. Supplemental Consideration. As a supplement to the above-described criteria, City may give consideration to any additional information and documentation submitted by a Proposer if City deems such information to be relevant, and to serve the best interests of, and provide the best value to, City.

TOTAL POSSIBLE POINTS: 100

7. OPTIONAL- The City may determine that it is necessary to interview short-listed firms prior to making a recommendation to the City Council. The City reserves the right to determine whether an interview will be conducted for every solicitation/project.

5.2 Other Considerations. The City reserves the right to request additional information or consider historical information and facts, whether gained from the Proposal, references, or any other source, in the evaluation process, including Respondent’s past working or business relationship with the City, if any. The City further reserves the right to consider a respondent’s background, personnel, experience, financial and other references, management practices, exceptions to the RFP or subsequent contract, and any working relationships, past or present, a respondent may have with its other clients.

5.3 Respondent should be aware that the contents of the successful Proposal response will become part of subsequent contractual documents.

5.4 Opened Proposal. A submittal may not be opened before the closing date for the purpose of changing or amending the submittal or to correct an error in the submittal terms or conditions. If the submittal is opened before the closing date by anyone other than the City, the submittal may be rejected in its entirety by the City.

5.5 Additional Information. At your option, provide in your Qualifications any contractual language, terms, conditions, considerations, or contingencies your company would request or require to be included in the negotiated contract between the City and the selected submitter, should your company be awarded a contract. Approval of such language, terms, conditions, considerations, or contingencies offered by a submitter remains with the City and in all cases the City’s decision is final.

5.6 LIMITATIONS

5.6.1 Right to Accept or Reject. The City reserves the right to reject any or all submittals, to waive informalities and accept the submittal that the Owner believes is the most advantageous to the public interest and in keeping with the local government project procedures. The RFP does not commit the City to award a contract, issue a purchase order, or pay any costs incurred in the preparation of a submission in response to this RFP.

5.6.2 Solicitation to Remain Subject to Acceptance. All solicitations will remain subject to acceptance for one hundred eighty (180) days after opening without taking action.

5.6.3 City Council Approval Required. The City of New Braunfels City Council must approve the respondent selected to provide the services requested in this RFP. The City reserves the right to authorize contract negotiations to begin without further discussion with respondents submitting a response. Therefore, each Proposal should be submitted as completely and

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5.6.4 Respondent’s Obligation Regarding Evaluation:

a. Submission of Information. Submitters are cautioned that it is each respondents sole responsibility to submit information related to the evaluation categories, and the City is under no obligation to solicit such information if it is not included with the Proposal. Failure of a respondent to submit such information may cause an adverse impact on the evaluation of the specific Proposal.

b. Submitter Review of RFP. Submitters are responsible for examining and being familiar with all specifications, terms, conditions, provisions, and instructions of the RFP and their responses. Failure to do so will be at the respondents’ risk and will not be a determinative factor when awarding the contract for services.

5.6.5 Oral Non-Binding. Any non-written representations, explanations, or instructions given by City staff or City agents are not binding and do not form a part of, or alter in any way, the RFP, a written agreement pertinent to the RFP, or the awarding of the contract.

5.6.6 Lobbying Prohibited. Proponents are prohibited from directly or indirectly communicating with

City Council members regarding the Proponent’s qualifications or any other matter related to the eventual award of a contract for the services requested under this RFP. Proponents are prohibited from contacting city staff members regarding their qualifications or the award of a contract, unless in response to an inquiry from a staff member. Any violation will result in immediate disqualification of the proponent from the selection process.

5.7 PROPOSAL SPECIFICATIONS

5.7.1 Modification or Withdrawal of Proposal. Proposals cannot be altered or amended after the submittal deadline. Proposals may be modified prior to the deadline only by providing a written notice by mail or email) to the Purchasing Representative at the address shown herein. A submitter’s Proposal may also be withdrawn in writing by providing the same notice by a submitter or the submitter’s authorized agent, providing the agents identify is made known and the agent signs the request to withdraw Proposal. HOWEVER, IN THE EVENT OF WITHDRAWAL, THE SUBMITTER WILL NOT BE ALLOWED TO RESUBMIT. This provision does not change the common law right of a proposer to withdraw a Proposal due to a material mistake in the Proposal.

SECTION 6

CONTRACT TERMS AND CONDITIONS

6.1 CONTRACT TERM

Should a contract be awarded as a result of this solicitation, the Agreement shall become effective upon the date of the final signature and shall remain in effect through September 30, 2028 with the option to renew for two (2) additional terms of one (1) year each unless terminated as provided for in this RFP or the subsequent Agreement.

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6.2 GENERAL TERMS AND CONDITIONS

The terms and conditions contained in the attached Sample Agreement (ref. APPENDIX ONE) or, in the sole discretion of the CITY, terms and conditions substantially similar to those contained in the Agreement, will constitute and govern any agreement that results from this RFP. If Proposer takes exception to any terms or conditions set forth in the Agreement, Proposer will redline attached Agreement (ref. APPENDIX ONE) and include redlined Agreement as part of its proposal in accordance with Section 3.8 of this RFP. Proposer’s exceptions will be reviewed by the CITY and may result in disqualification of Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then the CITY may consider Proposer’s exceptions when the CITY evaluates the Proposer’s proposal.

6.3 INTERLOCAL COOPERATIVE CONTRACTING

The City is asking all responding vendors to indicate their willingness to extend the terms of resulting contracts, inclusive of price, to other interested governmental entities. This clause in no way commits any entity to purchase from City’s awarded contractor, nor does it guarantee any additional orders will result, it does allow for the use of City’s competitive process (provided said process satisfies their own procurement guidelines) and purchase directly from the awarded contractor. All purchases made by other entities shall be understood to be transactions between that entity and the awarded vendor; the City shall not be responsible for any such purchases.

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ATTACHMENT A

COST PROPOSAL FORM

Proposal of: ___________________________________ (Proposer Company Name)

Failure to complete this form may result in your Proposal being deemed non-responsive and rejected without any further evaluation.

OFFER TO: CITY OF NEW BRAUNFELS:

The Undersigned hereby offers and agrees to furnish the services in compliance with all terms, scope of work, conditions, specifications, and addenda in the Request for Proposal. Having carefully examined all the specifications and requirements of this RFP and any attachments thereto, the undersigned proposes to furnish the required pursuant to the above-referenced Request for Proposal upon the terms quoted (firm fixed percentage) below.

ADDENDA:

The undersigned hereby acknowledges receipt of the following addenda to the provisions and requirements of which addenda have been taken into consideration in the preparation of this Proposal.

Addendum No. ___________ Dated ___________

Addendum No. ___________ Dated ___________

OBLIGATION:

The undersigned, by submission of this Offer, hereby agrees to be obligated, if the Offer is accepted by the City of New Braunfels, to enter into a Contract to provide the stated goods and/or services for the term as stated herein in accordance with the Scope of Work, Specifications, and Terms and Conditions, together with any written Addenda as specified above and any negotiated terms. If this offer is accepted and signed by the City of New Braunfels, this RFP document, together with any written Addenda and any negotiated terms shall be (collectively) the contract.

NON-COLLUSION:

The undersigned, by submission of this Proposal Form and other required forms, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal.

SUBMITTAL REQUIREMENTS:

The undersigned certifies it has attached a complete response to each of the submittal requirements listed in the Evaluation Criteria and Submittal Requirements section of this RFP.

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PRICING DETAILS

Responses shall include Pricing Details in accordance with the Price Schedule, below. Failure to provide pricing with response or within the electronic bidding system shall be grounds for disqualification.

The City of New Braunfels is a tax-free entity. Any pricing provided through this solicitation shall NOT include the charge of taxes.

Subcontracting services will not be acceptable for this solicitation.

Pricing shall be considered on a percentage-based model. Proposer shall indicate the percentage to be withheld for successful collections:

___________________________% Per Claim

If there are various percentages based on the scale or age of the claim, proposer shall provide their based percentage above and attach separately a detailed breakdown of the remainder.

Proposers shall attach to their proposals all pricing structures that are applicable to their offered services for the City of New Braunfels’ award consideration.

No proposal may be accepted which has not been signed in the appropriate space below:

COST PROPOSAL FORM – SIGNATURE PAGE

I certify, under penalty of perjury, that I have the legal authorization to bind the Respondent/firm hereunder:

Company Name Date

Signature of Person Authorized to Sign Title

_________________________________________ Email: ___________________________________ Printed Name

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ATTACHMENT B

COMPANY INFORMATION AND CERTIFICATIONS

1. Company Information:

• Company name:

• Company address:

• Year established:

• Number of years in business under present name:

• Form of ownership: Proprietorship Partnership Corporation Other (specify)

• Federal Employer Identification Number:

• Texas Comptroller’s Taxpayer Number, if applicable:

• DUNS NUMBER:

2. Subcontractor(s), if applicable:

Subcontractor(s) will not be used to complete this contract.

Subcontractor(s) will be used to complete this contract. (Attach a list if additional space is necessary.)

Subcontractor Name:

Percentage (%) of Total Contract:

Mailing Address:

3. If awarded, Respondent’s primary point of contact for City account is:

Name:

Title:

Office Location:

Mailing Address:

* Telephone Number: Fax Number:

Email Address:

** Emergency Contact Number for After-Hours Service:

* A representative of the company must be available to answer phone calls from City Monday through Friday, 8:00 A.M. to 5:00 P.M. (Central Time).

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4. If awarded, Respondent shall indicate preferred method for which City is to notify Awarded Contractor of purchase orders:

Purchase Orders shall be communicated via: (check all that apply) ___ Phone ___ Fax ___ Email

Contact Person:

Phone:

Fax:

Email Address:

VENDOR CERTIFICATIONS

DEBARMENT/SUSPENSION INFORMATION:

1. Has the Respondent or any of its principals been debarred or suspended from contracting with any public entity or is Respondent listed on the federal government’s terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.epls.gov?

Yes No

If yes, identify in an attachment the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, or listed at epls.gov and state the reason for or circumstances surrounding the debarment, suspension or ineligible for federal procurement, including but not limited to the period of time for such debarment, suspension or ineligibility.

CERTIFICATIONS:

1. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. Yes No A. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the solicitation process or in the Contract execution;

B. “fraudulent practice” means an intentional misrepresentation of facts made

1. to influence the solicitation process or the execution of the Contract to the detriment of Owner,

2. to establish Cost Proposal or Contract prices at artificial non-competitive levels, or 3 to deprive Owner of the benefits of free and open competition.

C. “collusive practice” means a scheme or arrangement between two or more Respondents, with or without the knowledge of Owner, a purpose of which is to establish Cost Proposals at artificial, non-competitive levels; and

D. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the solicitation process or affect the execution of the Contract.

http://www.epls.gov/

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2. NON-COLLUSION CERTIFICATION:

A. Non-Collusion Certification: Do you certify that all of the following are true and correct concerning your company’s cost Proposal? Yes No

1. That you are fully informed of the contents of the solicitation and the circumstances of its preparation;

2. That your cost Proposal is genuine and is not a collusive or sham Cost Proposal;

3. That neither you nor anyone else acting on behalf of your company has agreed, colluded, or conspired in any manner with any other respondent, firm or person to submit a collusive or sham cost Proposal, or to refrain from responding, or sought by communication or conference with any other respondent, firm or person to fix the prices, overhead, profit, or any cost element in your cost Proposal or in any other cost Proposal, or to secure through any collusion, conspiracy, or agreement any advantage against the City of New Braunfels or any other respondent; and

4. The prices quoted in your cost Proposal are fair and proper and are not affected by any collusion, conspiracy, connivance or unlawful agreement on the part of your company or anyone acting on its behalf.

3. GOVERNMENT CODE TITLE 10 SUBTITLE F VERIFICATIONS:

A. Contractor shall verify that it’s named company, under the provisions of Subtitle F Title 10 Government Code Chapter 2270: Yes No

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract.

B. Pursuant to Sections 2270.001, 2270.002, 808.001, Texas Government Code:

1. “Boycott Israel” means 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 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;

and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

C. Pursuant to subtitle F, Chapter 2252, Texas Government code, contractor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of New Braunfels. Yes No

D. Pursuant to Section 2274 of the Texas Government Code and Texas Senate Bill 13 (2021), Contractor certifies that either (i) it does not boycott and will not boycott certain energy companies;

and (2) will not boycott certain energy companies during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Yes No

E. Pursuant to Section 2274 of the Texas Government Code and Texas Senate Bill 19 (2021), Contractor certifies that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Yes No

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ACKNOWLEDGEMENT

I certify that I have read all of the specifications and general RFP requirements and do here by certify that all items submitted meet specifications. I certify that my responses and the information provided are true and correct to the best of my personal knowledge and belief and that I have made no willful misrepresentations in this Questionnaire, nor have I withheld any relevant information in my statements and answers to questions. I am aware that any information given by me in this questionnaire may be investigated and I hereby give my full permission for any such investigation, and I fully acknowledge that any misrepresentations or omissions in my responses and information may cause my response to this solicitation to be rejected.

Company’s Name

Signature, Authorized Representative of Respondent

Title

RFP 22-002 Respondent for Enterprise Resource Planning System

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ATTACHMENT C

EXCEPTIONS AND ALTERNATIVES FORM

Failure to complete this form may result in your Proposal being deemed non-responsive and rejected without any further evaluation.

Proposers are to comply with all requirements of this solicitation, otherwise the proposal may be deemed non-responsive. Exceptions may be considered if they are presented with the proposal and if the City determines that the exception does not materially alter the intent of this solicitation or that it exceeds the requirements of this solicitation.

No Exceptions Taken Exceptions Taken – *See attached (Include in Tab 9)

*Note that if any exceptions are taken, all required information must be submitted as an attachment

In the event the Proposer takes exception to any language in this solicitation, they may set forth alternatives by presenting each exception separately by stating:

a) The specific item or clause for which an exception is requested (citing the page and item number).

b) The suggested change to the exception, inclusive of proposed new language if applicable.

c) An explanation as to how the proposed change would benefit the City and/or why the exception is necessary.

Except as may be indicated above, Proposer is in complete agreement with this entire solicitation including any proposed terms, conditions and business arrangements described herein.

(Authorized Signature) Date

(Title)

RFP 22-002 Respondent for Enterprise Resource Planning System

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APPENDIX ONE

SAMPLE AGREEMENT

Attached and incorporated hereto.