RFPCL25-007 Employee Random Drug Screens For Weekends _ After Hours.pdf

City Hall | 212 SW 9th Street | Lawton, Oklahoma 73501 | 580-581-3328

WWW.LAWTONOK.GOV

CITY OF LAWTON

FINANCE DEPARTMENT

September 16, 2024

Interested Vendor:

SUBJECT: Special Instructions for Submission of Bid Packet

If you desire to submit a bid for RFPCL25-007 Employee Random Drug & Alcohol Testing After-Hours, Weekends and Holidays this letter is provided to clarify problem areas.

The bid packet is composed of the following documents:

• Invitation for Bid and Contract with General Conditions for Submitting Proposals (Page 1, properly signed and notarized.)

• Affidavit for Payments in Excess of Twenty-Five Thousand Dollars ($25,000.00) (properly signed and notarized.)

• Contractor’s Certificate of Compliance with Non-Discrimination Provisions (properly signed)

• Department Specifications (with vendor’s comments, if applicable)

• Price Sheet (with vendor’s comments, if applicable)

• W-9 Form (properly signed.)

All of these documents must be returned with your bid submission, properly signed or your bid shall not be considered.

Please, submit one (1) copy of any additional documentation such as descriptive literature, samples, material safety data sheets or references. Please, note that in some specifications, the submittal of the additional documents is required. If the documents are required, and are not submitted, your bid may be considered non-responsive.

Bid openings are held at 212 SW 9th Street Lawton, OK 73501 in the 2nd floor Conference Room @ 2:00 pm. Bid results may be obtained by attending the bid opening, making a written request, and enclosing a stamped, self-addressed envelope, or by email. Bid results are not available by telephone. Please, specify if you desire the bid results, or the results of who received the contract. Contract award information will not be available until the City Council awards the contract. Information will be mailed or emailed to the requester.

Examine your bid packet carefully as soon as you receive it. If any of the requested items are missing or if you have questions about the bid packet, please email deaven.newell@lawtonok.gov or Madison.leonhart@lawtonok.gov.

Sincerely, Deaven Newell Finance Administrator

Deaven Newell

CONDITIONS FOR SUBMITTING PROPOSALS

FORM REVISED 2/14/22

City of Lawton

REQUEST FOR PROPOSALS

MAIL SEALED PROPOSALS TO:

City Clerk City of Lawton 212 SW 9th Street Lawton, OK 73501

DIRECT INQUIRIES REGARDING FORMS:

Date Proposal Typed: Date(s) Advertised: No Proposals Received After:

2:00 P.M.

Proposal Number and Title:

Requirements-type Proposal: yes no

Proposal valid until:

Bid Openings are held at Lawton City Hall 2nd Floor Conference Room 212 SW 9th Street Lawton, OK 73501 @ 2:00 pm Vendor Name and Point of Contact: Reason for No Proposal:

Mailing Address:

City: State: Zip: Delivery:

Area Code and Phone Number: Email Address:

Federal Employer Identification Number or Social Security Number

THIS PROPOSAL INVALID IF NOT SIGNED AND NOTARIZED

AFFIDAVIT:

STATE OF________________________________COUNTY OF_______________________________, of lawful age, being first duly sworn, on oath says that:

1. Affiant is the duly authorized agent of the bidder/vendor and/or contractor submitting the competitive bid and executing the contract which is a t ta ch e d to th is statement, and that as such agent Affiant has the authority to bind the bidder/vendor, whether an individual, partnership, or corporation, for the purpose of negotiating and entering into said agreement, and for certifying the facts pertaining to the existence of collusion among bidders and be twee n b id de rs a n d City officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached; 2. Affiant is fully aware of the facts and circumst ances surrounding the makin g o f th e b id and/or the procurement of the contract to which this statement is attached and has been personally and directly involved in the proceedings leading to the submission of such bids; 3. Neither the bidder/vendor nor anyone subject to the bidder/vendor’s direction or control has bee n a party: a. to any collusio n a mo ng bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding, b. to any collus ion with any municipal official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, c. in any discussions betwee n b id d ers and any municipal official concerning exchange of money or other thing of value for special consideration in the letting of a contract, nor d. to p a yin g , g iv in g o r donating or agreeing to pay, give or donate to any officer or employee of the City of Lawton, any money or other thing of value, eithe r d ire ct ly o r i n d ire ct ly, in procuring the contract to which his statement is attached. 4. Affiant further agrees to be held personally liable in the event that Affiant ha s misre p re se n te d the scope or extend of Affiant’s authority to bind the bidder herein, and to indemnify and hold harmless the City of Lawton its d epartments, b o ard s, co mmissio n s, agencies, institutions, and all employees of the aforementioned from all damages based upon such misrepresentation, including but not limite d to a ll co sts a n d attorney fees incurred, in addition to any other remedies available by law.

Firm:_______________________________________________________

Address:____________________________________________________

(City, State, Zip)

Phone:_____________________________________________________

SIGNATURE OF AUTHORIZED AGENT

PRINT/TYPE NAME/TITLE

Subscribed & sworn before me this _____ day of ________________, 20______.

Notary Public

My Commission expires:_____________________________________________

[AFFIX SEAL]

deaven.newell@lawtonok.gov

ACCEPTING ELECTRONIC BIDS ON:

www.bidnetdirect.com/oklahoma/cityoflawton http://www.bidsync.com/bidsync-cas/ maegan.bishop Typewritten Text maegan.bishop Typewritten Text maegan.bishop Typewritten Text maegan.bishop Typewritten Text

FORM REVISED 6/2024

GENERAL CONDITIONS FOR SUBMITTING PROPOSALS TO

THE CITY OF LAWTON, OKLAHOMA.

VENDOR – TO ENSURE CONSIDERATION OF THE

PROPOSAL, CAREFULLY FOLLOW THESE INSTRUCTIONS.

FAILURE TO DO SO MAY RESULT IN THE REJECTION OF

YOUR PROPOSAL WITHOUT FURTHER CONSIDERATION

OR NOTICE TO YOU.

SEALED DOCUMENTS: All proposals and this form must be executed and submitted in a sealed envelope or other sealed container. (DO NOT INCLUDE MORE THAN ONE PROPOSAL PER ENVELOPE OR CONTAINER.) The face of the envelope shall contain, in addition to the address on page one (1) of this document, the date and time by which proposals must be submitted in order to be considered and the project number. Proposals not submitted with this form shall be rejected.

All proposals are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. Proposals will be considered only on first quality products. Copies of specifications, drawings, schedules or special instructions necessary for preparation of a proposal are on file with the City Clerk and may be examined during normal working hours.

ELECTRONIC SEALED DOCUMENTS: The Electronic Bid Submission (EBS) is the electronic transfer of proposal bid data between a supplier and a contracting authority. The EBS feature on Bidnet Direct allows suppliers to submit bids/proposals online via Bidnet Direct. The EBS feature includes safeguards to ensure the security and authenticity of the material being transferred.

Vendors must be registered at to https://www.bidnetdirect.com/oklahoma participate in EBS.

Submitted documents are stored securely with a high level of security. All bids remain encrypted and not readable until bids are opened by the buyer and only after the closing date and time have passed.

1. EXECUTION OF PROPOSAL SUBMISSION: Proposal documents must contain an original signature of authorized representative in the space provided. Proposals must be typed or printed in ink. Use of erasable ink is not permitted. ALL CORRECTIONS MADE BY VENDOR TO PROPOSAL MUST BE INITIALIZED. Do not use white out, correction tape or some other method of masking a correction.

2. NO PROPOSAL: If not submitting a proposal, respond by returning page one (1), marking it “NO PROPOSAL SUBMITTED,” and explain the reason in the space provided. Failure to submit a proposal three (3) times in succession shall be cause or removal of the supplier’s name from the information mailing list, without further notice.

NOTE: To qualify as having responded, a vendor must submit a “NO PROPOSAL SUBMITTED,” and it must be received no later than the stated proposal opening date and hour.

3. OBJECTIONS/CHALLENGES: should a vendor have an objection to or challenge the request, the vendor is responsible for making this known in writing so as to reach the City Clerk no later than seven (7) calendar days prior to the deadline for submission of proposals. The envelope shall be marked in such a way to alert the City Clerk of the urgency in order to immediately notify the Purchasing Division. The envelope will be marked indicating that the content is a challenge to a specified Request for Proposal. For all challenges considered valid by the Purchasing Supervisor, all vendors on the original mailing list, or who have submitted proposals prior to the date and time for proposal submission, will be provided an addendum which addresses the

FORM REVISED 6/2024

challenge. Challenges/Objections not considered valid will be so stated to the objecting party.

4. PROPOSAL OPENING: Proposal opening occurs at the time specified on the proposal form. It is the vendor’s responsibility to assure that the proposal is delivered at the proper time and place of the proposal opening. Proposals which for any reason are not delivered at the proper time and place will not be considered. Proposals by telegram, facsimile or telephone are not acceptable. NOTE: Proposals may be examined during normal working hours by appointment, after the date and time of proposal opening. Proposals become the property of the City and are subject to the provisions of the Oklahoma Open Records Act.

5. WITHDRAWAL OF PROPOSAL: Proposals may be withdrawn at any time prior to the proposal opening data and time. After proposals are opened, all proposals will be considered firm and valid until accepted or rejected by the City.

6. AWARDS:

a. As the best interest of the City may require, the right is reserved to:

1. Accept any individual item, group of items, all or none, or a combination thereof contained within a proposal.

2. To modify a suggested project, based upon proposals received.

3. To reject any and all proposals or waive any minor irregularity or technically in proposals received.

b. Vendors are cautioned to make no assumptions regarding their success on the awarding of any contract. The City reserves the right to excerpt portions of proposals and recombine them in any combination, which may then be submitted to prospective vendors as an Invitation for Bid.

7. ACCEPTANCE OF PROPOSAL: This document constitutes only the vendor’s proposal until it is accepted by the City Council for the City of Lawton and a contract is executed by the Mayor and City Clerk on behalf of the City of Lawton.

8. WAIVER: The City of Lawton reserves the right to waive any General Provisions, Special Provision(s), or minor project guideline deviation(s) when considered to be in the best interest of the City.

9. CHANGES TO PROJECT GUIDELINES: Proposals are to be submitted in accordance with the project guidelines provided. Any exceptions to the project guidelines must be indicated in the place provided on the specifications page(s) or by separate letter from the vendor, if place is not provided on the specifications page(s).

Changes in project guidelines reducing the quality, versatility or applicability of the product or service may cause the rejection of the proposal. The City shall make the final determination. Failure to put the City on notice of any deviation from the project guidelines may cause the proposal to be rejected at the discretion of the City.

10. MISTAKES: Vendors are expected to examine the project guidelines, delivery schedule, proposal prices and all instructions pertaining to supplies and services.

Failure to do so will be at vendor’s risk. In all cases, the UNIT PRICE WILL GOVERN.

FORM REVISED 6/2024

11. INFORMATION: The vendor must provide information pertinent to items proposed.

Complete catalogs are not necessary. If furnished, however, the vendor must identify the exact location in the catalog and circle or identify clearly the item being proposed.

12. MANUFACTURERS’ NAMES AND APPROVED EQUIVALENTS: Any manufacturers’ names, trades name brand names, information and/or catalog numbers listed in project guidelines are for information and are not intended to limit competition.

The vendor may offer any brand, which meets or exceeds the specification(s) for any item(s). If proposals are based on equivalent products, indicate on the proposal form the manufacturers’ name and model number. Vendor shall submit with his proposal sketches, descriptive literature and/or complete specifications. References to literature submitted with a previous proposal will not satisfy this provision. The vendor shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and should not be considered an exception thereto. Proposals which do not comply with these requirements are subject to rejection. Proposals lacking any written indication of intent to quote an alternate brand will be received and considered to be in complete compliance with the specifications as listed on the proposal form.

13. SAMPLES: Samples of items, when called for, must be furnished free of charge and at no expense to the City. Each individual sample must be labeled with vendor’s name, manufacturer’s brand name and number, contract number and item reference, or as specified in the attached special conditions. Samples will not be returned.

14. TESTING: When testing is required to determine if a sample meets project guidelines and it is determined that the product fails to meet specifications, the cost of testing shall be borne by the vendor. If the sample satisfies the project guidelines, the cost of testing shall be borne by the City.

15. NON-CONFORMANCE TO PROJECT GUIDELINES: Items may be tested for compliance with project guidelines by appropriate testing laboratories or by the City.

The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Oklahoma Statutes.

16. CONDITION AND PACKAGING: It is understood and agreed that any item proposed as a result of this Request for Proposal shall be new (current model at the time of the proposal). All containers shall be suitable for storage or shipment and all prices shall include standard commercial packaging.

17. INSPECTION, ACCEPTANCE and TITLE: Inspection and acceptance will be at destination unless otherwise provided. “Destination” shall mean delivered to the receiving dock, department stockroom, or other point specified. The City accepts no responsibility for goods until accepted at the receiving point in good condition. Title and risk of loss or damage to all items shall be the responsibility of the vendor until accepted by the ordering agency. The vendor shall be responsible for filing, processing and collecting all damage claims. However, to assist him in the expeditious handling of damage claims, the ordering department will:

a. Record any evidence of visible damage on all copies of the delivering carrier’s

Bill of Landing.

b. Report damage (whether visible or concealed) to the carrier and vendor, confirming such reports, in writing, within fifteen (15) days of delivery, requesting that the carrier inspect the damaged merchandise.

FORM REVISED 6/2024

c. Retain the item and its shipping container, including inner packaging material, until inspection is performed by the carrier and disposition given by the vendor, or for a reasonable time after notification to the vendor, whichever comes first.

d. Provide the vendor with a copy of the carrier’s Bill of Landing and damage inspection report.

18. SAFETY STANDARDS: Unless otherwise stipulated in the proposal, all manufactured items or fabricated assemblies shall comply with applicable requirements of the Occupational Safety and Health Act and any standards

19. SERVICE AND WARRANTY: Unless otherwise specified, the vendor shall define any warranty service and replacements that will be provided during and subsequent to this contract. Vendors must explain on an attached sheet to what extent warranty and service facilities are provided. Unless otherwise indicated in this agreement, upon entry into any contract with the City, vendor expressly warrants that all articles, materials, supplies, equipment, and/or services covered in this contract will conform to the project guidelines attached hereto and made a part of any proposal submitted or contract awarded; vendor further warrants that same shall be of good material and workmanship and free from defects.

20. REMEDIES: Failure to make delivery or to meet project guidelines authorized the City to seek replacement goods or services elsewhere and to seek legal and equitable remedies against the defaulting vendor. If any of the goods and/or work performed fail to meet the warranties contained herein or in any proposal submitted, vendor, upon notice thereof from the City, shall promptly correct or replace the same at vendor’s expense. If vendor shall fail so to do, the City may cancel any agreement entered in whole or in part and pursue all other remedies available. After notice to the vendor, all such goods will be held at vendor’s risk. The City may, and at vendor’s direction shall, return such goods to vendor at vendor’s risk, and all transportation charges, both to and from original destination, shall be paid by vendor. Any payment for such goods shall be refunded by vendor unless vendor promptly corrects or replaces the same at its expense.

21. AUTHORIZED USERS: Proposals shall cover requirements during the specified period for all Municipal Departments, Boards, Commissions, Agencies, and Institutions.

22. LIABILITY: The vendor shall hold and save the City of Lawton, its Departments, Boards, Commissions, Agencies, Institutions and all employees of the aforementioned harmless against the claims by third parties resulting from the vendor’s breach of any agreement entered or the vendor’s negligence.

23. PRICES AND TERMS: Unless otherwise provided in the project guidelines, firm fixed prices shall be submitted F.O.B. Lawton at the indicated Department’s address and shall include packing, handling and shipping charges fully prepaid by the vendor.

Proposal prices shall be valid for a minimum of sixty (60) days from the date of proposal opening, and shall thereafter remain firm for the life of any contract awarded by the City to a vendor.

24. ACCEPTANCE OF PURCHASE ORDERS: Vendors are to accept only those purchase orders issued by the City of Lawton, its Departments, Boards, Commissions, Agencies, Institutions and all employees of the aforementioned, prepared on

FORM REVISED 6/2024

Accounting Division Forms, unless instructed otherwise in the Request for Proposal or executed contract agreement.

25. PRICE ADJUSTMENTS: Manufacturer’s price increases, or other increases in the cost of doing business, MAY NOT be passed on to the City of Lawton, its Departments, Boards, Commissions, Agencies, and Institutions, nor may the vendor withdraw or cancel the proposal, or any resulting agreement, or any part of the proposal or agreement for these reasons. Vendors may only cancel the proposal or resulting agreement pursuant to the cancellation clause, if one is included as a part of the Request for Proposal, and then only if the contractual obligation has been fulfilled by the vendor is accordance with the terms stated. Proposals which reflect that the price of an item is based upon “market price” or is “subject to increase” based upon some event, or which otherwise indicate that prices reflected are infirm or subject to change, will be deemed non-conforming unless the proposal specifications specifically provide for price escalation. If price variations are allowed, they must be tied to a readily identifiable index which is free from control or influence by the vendor.

26. SUMMARY OF TOTAL SALES: If any agreement is entered into as the result of the acceptance of a Request for Proposal or any proposal submitted, the vendor agrees to furnish City of Lawton a summary of sales, including total dollar amount, made under the contract at the end of each quarter, or as stipulated in the attached project guidelines.

27. PAYMENT:

a. INVOICING: The vendor shall be paid within a reasonable time after submission of proper certified invoices to the City at the prices stipulated in any agreement entered into as the result of the submission of a Request for Proposal. Invoices shall contain the project number and purchase order number. Failure to follow these instructions may result in delay of processing invoices for payment. The Company or Corporation submitting the Request for Proposal shall be the only office authorized to receive orders, do the billing and invoicing and receive payment. If the vendor wishes to ship or service from a point other than the home office, he will furnish a written list of these locations to the City. HOWEVER, NO ORDERS WILL BE PRESENTD TO, BILLING WILL NOT BE DONE FROM, NOR WILL PAYMENT BE MADE TO

THESE LOCATIONS.

b. REQUIREMENTS ONLY PURCHASES: Any contract resulting from the submission of a Request for Proposal shall be for the quantities actually ordered during the life of the agreement only. Billing shall be made in accordance with instructions by the Department or Division issuing the purchase order, and only for quantities actually ordered and delivered. The City reserves the right to purchase none of the product or more than the quantity indicated in the proposal.

c. TAXES: Purchases by the City of Lawton are not subject to any Sales Tax or

Federal Excise Tax. Exemption Certificates will be furnished upon request.

d. DISCOUNTS: Vendors may offer a cash discount for prompt payment;

however, such discounts shall not be considered in determining the lowest net cost for proposal evaluation purposes. Vendors are encouraged to reflect cash discounts in the unit prices quoted. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later.

FORM REVISED 6/2024

e. All provisions of the Uniform Commercial Code shall be adhered to.

28. EXTENSION: At the end of the contract period for any contract awarded, or upon the conclusion of a maximum of one (1) extension thereof, the contract may be extended for a period not to exceed twelve (12) months at the same price and conditions as in the original contract, by mutual agreement between the City and the vendor. The extended contract shall, upon the signing by both parties, become a binding agreement and shall remain in force and effect until terminated by either party, provided that either party to the contract shall have the option to terminate said extended contract upon thirty days’ prior written notice of termination by one party to the other.

29. CONFLICT OF INTEREST: The Request for Proposal hereunder is subject to the provisions of City of Lawton Charter and City Code and the laws of the State of Oklahoma. All vendors must disclose with the proposal the name of any Officer, Director or Agent who is also an employee of the City of Lawton or any of its Agencies or Subdivisions. Further, all vendors must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more in the vendor’s firm or any of its branches.

30. PATENTS AND ROYALTIES: The vendor, without exception, shall indemnify and save harmless the City of Lawton, its Departments, Boards, Commissions, Agencies, Institutions and all employees of the aforementioned from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of any contract resulting from the submission of this Request for Proposal, including its use by the City of Lawton. If the vendor uses any design, device or materials covered by letters, patent copyright, it is mutually agreed and understood without exception that the proposal prices shall include all royalties or cost rising from the use of such design, device, or materials in any way involved in the work.

31. FACILITIES: The City reserves the right to inspect the vendor’s facilities at any time with reasonable prior notice.

32. BANKRUPTCY: If the vendor becomes bankrupt or insolvent, or if a petition in bankruptcy is filed against the vendor, or if a receiver is appointed for the vendor, the City shall have the right to terminate any agreement resulting from the submission of this Request for Proposal upon written notice to the vendor without prejudice to any claim for damages or any other right of the City under any agreement resulting from the submission of this Request for Proposal to the time of such termination.

33. ASSIGNMENT: No agreement resulting from the submission of this Request for Proposal shall be assigned by the vendor without written consent of the City.

34. INSURANCE: If insurance is required in the project guidelines, unless otherwise specifically stated, proof of the following types and amounts shall be furnished to the City, showing the City as an additional insured thereunder without cost to the City of Lawton, prior to the entry into any agreement:

a. General Liability: The vendor shall procure and maintain in full force and effect, for the term of the Contract, a policy or policies under a comprehensive form as required by State law. In addition, the vendor shall have, during the term of the Contract, insurance in the minimum amount of twenty-five thousand dollars ($25,000) property damages, arising from a single occurrence, one hundred twenty-five thousand dollars ($125,000) for personal injuries arising from a single occurrence, and one million dollars ($1,000,000) for any number of claims arising out of a single occurrence or accident. This policy or policies

FORM REVISED 6/2024

shall hold harmless and indemnify the City of Lawton, its Departments, Boards, Commissions, Agencies, Institutions and all employees of the aforementioned.

A current certificate, submitted as a part of the proposal and showing that the vendor has in force and effect such insurance, shall be maintained on file with the City Clerk of the City.

b. Automobile Liability: The vendor shall procure and maintain in full force and effect, for the term of the project, vehicle liability coverage in the amounts specified in subparagraph A of this section. In addition, the vendor shall have, during the term of the project, vehicle liability coverage as outlined in the attached project guidelines. If higher coverage is required by any regulatory entity with oversight of the vendor’s business, the City Code, or other authority, then proof of the higher coverage must be provided. This policy or policies shall hold harmless and indemnify the City of Lawton, it Departments, Boards, Commissions, Agencies, Institutions, and all employees of the aforementioned. A current certificate, submitted as a part of the proposal and showing that the vendor has in force and effect such insurance, shall be maintained on file with the City Clerk of the City.

c. Workers’ Compensation: The vendor shall procure and maintain in full force and effect for the period of the project, full Workers’ Compensation insurance in accordance with the laws of the State of Oklahoma to protect the vendor and the City against liability under the Workers’ Compensation and occupational disease statutes of the State of Oklahoma. A current certificate showing that the vendor has in force and effect the aforesaid insurance or a current certificate showing exemption from the requirement shall be submitted as a part of the proposal and maintained on file with the City Clerk of the City.

35. BONDS: Neither Bidder’s Bonds nor Performance Bonds are required unless specifically set forth in the project guidelines attached hereto. If Bonds are required, the same shall be held under the following requirements and specifications unless otherwise indicated:

a. Bidder’s Bonds: If required as a part of the project guidelines, proposals filed with the Municipal Clerk must be accompanied by a Bidder’s Bond, certified check or cashier’s check in the amount stated and made payable to the City of Lawton. This amount will be retained by the City as damages in the event the successful vendor fails to comply with the terms of any agreement entered into as a result of this Request for Proposal but shall in no way pursue any and all other remedies available either in equity or at law. All deposits and bonds will be returned to the unsuccessful vendors within a reasonable time after the acceptance of a proposal, and to the successful vendor upon full performance of the contract. Bonds or funds deposited do not accrue interest while held.

b. Performance Bonds: If a Performance Bond is required under the project guidelines, the successful vendor must, prior to the entry into any agreement, post the bond, certified check or cashier’s check in the amount stated and made payable to the City of Lawton. The Bidder’s Bond posted will be returned to the successful vendor upon posting of the Performance Bond and completion of any additional requirements for execution of any agreement by the vendor. The Performance Bond will be released or returned to the vendor, as appropriate after satisfactory completion of the contract and the performance period as stated in the project guidelines attached or any amendments thereto.

FORM REVISED 6/2024

36. TIME OF ESSENCE: Unless otherwise stated, time shall be considered of the essence to this agreement.

a. Vendor specifically agrees that it shall not be grounds to alter the terms of any proposal submitted and that it shall be liable for failure to deliver or delay in delivery occasioned by and including, without limitations, strikes, lock-outs, inability of obtaining material or shipping space, breakdowns, delays of carrier’s or suppliers and pre-existing governmental regulations of the federal and state government or any subdivisions thereof, unless governmental acts and regulations affecting delivery could not be found, recognized, or discovered by due diligence on the part of the vendor prior to submission of the proposal and the City Council’s acceptance thereof.

b. When time is not of the essence, this contract shall be inoperative during such period of time that aforesaid delivery or acceptance may be rendered impossible by reason of fire, strike, Acts of God, or government regulation.

Provided, however, to the extent that the vendor has any commercially reasonable alternative method of performing his contract by purchase on the market or otherwise, he shall not be freed of his obligation hereunder by this clause.

37. DISCRIMINATION: Vendor agrees, in connection with the performance of work under any agreement entered as a result of this Request for Proposal, as follows:

a. Vendor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, ancestry, or physical or mental impairment. The vendor shall take affirmative action to ensure that employees are treated without regard to their race, creed, color, sex, national origin, ancestry, or physical or mental impairment. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, lay-off, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The vendor agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth provisions of this section.

b. The vendor agrees to include this non-discrimination clause in any subcontract connected with the performance under any agreement entered into as a result of this Request for Proposal.

c. In the event of the vendor’s non-compliance with the above non-discrimination clause, any agreement entered into as a result of this Request for Proposal may be terminated by the City. The vendor may be declared by the City until satisfactory proof of intent to comply is made by the vendor.

38. DISTRIBUTION OF CONTRACT: One (1) copy of any agreement entered into as a result of this Request for Proposal or award letter shall be furnished to each successful vendor as a result of this Request for Proposal. It shall be the vendor’s responsibility to reproduce and distribute copies of any agreement entered in to as a result of this Request for Proposal to all distribution points listed in this Request for Proposal who will accept orders and complete deliveries. No additions, deletions or changes of any kind shall be made to any agreement entered into as a result of this Request for Proposal by the vendor.

39. ADVERTISING: In submitting this proposal, vendor agrees not to use the results therefrom as a part of any commercial advertising.

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40. TERMINATION FOR CONVENIENCE OF THE CITY:

a. The performance of work and/or delivery of ordered materials, supplies, equipment, and/or services under any agreement entered into as a result of this Request for Proposal may be terminated by the City, in whole or in part, whenever it is determined to be in the best interest of the City.

b. Any such termination shall be effected by the delivery to the vendor of a notice of termination specifying the extent to which performance of work and/or delivery of ordered materials, supplies, equipment, and/or services are terminated, and the date upon which such termination becomes effective.

c. After receipt of a notice of termination, the vendor shall stop work and/or place no further orders under any agreement entered into as a result of this Request for Proposal on the date and to the extent specified in the notice of termination.

41. VENUE: Any agreement entered into as a result of this Request for Proposals shall be governed by the laws of the State of Oklahoma.

42. OKLAHOMA STATE CONTRACT: Some items for which the City solicits bids or proposals are on the Oklahoma State Contract. The City is eligible to purchase from the State contract and will check the prices on the State contract and may elect to purchase under that contract without termination of this agreement.

43. INTEGRATED AGREEMENT: This writing, with the attachments hereto, and any associated purchase orders constitute the entire agreement of the parties. No separate promises or agreements have been made other than those contained herein.

No agreement entered into as a result of this Request for Proposals may be modified except in writing and signed by both parties.

44. SURVIVAL OF TERMS: All terms, conditions, specifications, and requirements set forth in this Request for Proposals shall survive the execution of and become a part of any agreement entered into unless specifically deleted in writing and signed by both parties to the agreement.

45. ENERGY SAVINGS: Oklahoma is an energy conservation State, and we welcome any comments on your proposal that would indicate energy savings. Energy savings will be considered on all proposals where project guidelines call for Life Cycle Cost Analysis.

AFFIDAVIT FOR PAYMENTS IN EXCESS OF $25,000.00

CITY OF LAWTON, STATE OF OKLAHOMA

STATE OF ________________________

SS

COUNTY OF ______________________

The undersigned (architect, contractor, supplier or engineer), of lawful age, being first duly sworn, on oath says that this contract is true and correct. Affiant further states that the (work, services or materials) will be (completed or supplied) in accordance with the plans, specifications, orders or requests furnished the affiant. Affiant further states that (s) he has made no payment directly or indirectly to any elected official, officer or employee of the City of Lawton, any county or local subdivision of the state, of money or any other thing of value to obtain or procure the contract or purchase order.

Business Name / Contractor Name

Signed Print : ____________________________

Attested to before me this day of 20___.

Notary Public

My Commission Expires 20 .

NOTE: Copy of this Affidavit must be attached to any invoice submitted by an architect, contractor, or engineer or supplier for work, services, or materials completed or supplied under the terms of the contract or contracts in excess of $25,000.00.

[AFFIX SEAL]

CONTRACTOR’S CERTIFICATE OF COMPLIANCE

WITH NON-DISCRIMINATION PROVISIONS OF THE CONTRACT

In accordance with the provisions of this Contract relating to non-discrimination, it is hereby certified that I/we have complied with the provisions of Section 10-1-112 of the Code of Ordinances of the City of Lawton in the performance of any work in connection with this Contract.

Contract Number Name of Contractor (Print)

Date Signature, Member of Firm or Officer of Corporation

Title

212 SW 9th Street

Lawton, Oklahoma 73501

(580) 581-3500

RFPCL25-007 Employment Random Drug & Alcohol Testing After-Hours, Weekends and Holidays Agreement

Between the City of Lawton and

THIS IS AN AGREEMENT by and between the CITY of Lawton, A Municipal Corporation in the State of Oklahoma (hereinafter called CITY), and ____________ (hereinafter called VENDOR). CITY intends for VENDOR to provide ________________________for the City of Lawton.

The CITY and VENDOR in consideration of their mutual covenants herein agree in respect to the performance of services by VENDOR and the payment for those services by CITY, as set forth below.

1. INSPECTION, ACCEPTANCE and TITLE: Inspection and acceptance will be at destination unless otherwise provided. “Destination” shall imply being delivered to the receiving dock, department stockroom, or other point specified. The CITY accepts no responsibility for goods until accepted at the receiving point in good condition. Title and risk of loss or damage to all items shall be the responsibility of the VENDOR until accepted by the CITY.

The VENDOR shall be responsible for filing, processing, and collecting all damage claims. However, to assist in the expeditious handling of damage claims, the ordering department will:

a. Record any evidence of visible damage on all copies of the delivering carrier's Bill of Landing.

b. Report damage (whether visible or concealed) to the carrier and VENDOR, confirming such reports, in writing, within fifteen (15) days of delivery, requesting that the carrier inspect the damaged merchandise.

c. Retain the item and its shipping container, including inner packaging material, until inspection is performed by the carrier and disposition given by the VENDOR, or for a reasonable time after notification to the VENDOR, whichever comes first.

d. Provide the VENDOR with a copy of the carrier's Bill of Landing and damage inspection report.

2. SAFETY STANDARDS: Unless otherwise agreed to in writing by the CITY and VENDOR, all manufactured items or fabricated assemblies shall comply with applicable requirements of the Occupational Safety and Health Act and any standards related to safety.

3. SERVICE AND WARRANTY: Unless otherwise indicated in this agreement, VENDOR expressly warrants that all articles, materials, supplies, equipment, and/or services covered in this contract will conform to project guidelines stipulated in Attachment 'A'; VENDOR further warrants that same shall be of good material and workmanship and free from defects. Any additional warranties that will be provided during the term of this agreement are included in Attachment 'A'.

4. REMEDIES: Failure to make delivery or to meet project guidelines authorizes the CITY to seek replacement goods or services elsewhere and to seek legal and equitable remedies against the defaulting VENDOR. If any of the goods and/or work performed fail to meet the warranties contained herein or in any proposal submitted, VENDOR, upon notice thereof from the CITY, shall promptly correct or replace the same at VENDOR'S expense. If VENDOR shall fail so to do, the CITY may cancel any agreement entered in whole or in part and pursue all other remedies available. After notice to the VENDOR, all such goods will be held at VENDOR'S risk. The CITY may, and at VENDOR'S direction shall, return such goods to VENDOR at VENDOR'S risk, and all transportation charges, both to and from original destination, shall be paid by VENDOR. Any payment for such goods shall be refunded by VENDOR unless VENDOR promptly corrects or replaces the same at its expense.

5. LIABILITY: The VENDOR shall hold and save the City of Lawton, its Departments, Boards, Commissions, Agencies, Institutions, and all employees of the CITY harmless against the claims by third parties resulting from the VENDOR'S breach of this agreement or the VENDOR'S negligence.

6. PRICES AND TERMS: Prices and terms shall be as reflected in the VENDOR'S response to the RFP (Attachment A).

7. ACCEPTANCE OF PURCHASE ORDERS: VENDORS are to accept only those purchase orders issued by the City of Lawton, its Departments, Boards, Commissions, Agencies, Institutions, and employees of the CITY, prepared on Accounting Division Forms, unless instructed otherwise in the Request for Proposal (Attachment A) or this agreement.

8. PRICE ADJUSTMENTS: Manufacturer's price increases, or other increases in the cost of doing business, MAY NOT be passed on to the City of Lawton, its Departments, Boards, Commissions, Agencies, and Institutions. If price variations are allowed, they must be tied to a readily identifiable index which is free from control or influence by the VENDOR.

9. SUMMARY OF TOTAL SALES: VENDOR agrees to furnish City of Lawton a summary of sales, including total dollar amount, made under the contract at the end of each quarter, or as mutually agreed in by the parties.

10. PAYMENT:

a. INVOICING: The VENDOR shall be paid within a reasonable time after submission of proper certified invoices to the CITY at the prices stipulated in this Agreement, including Attachment 'A'. Invoices shall contain the project number and purchase order number. Failure to follow these instructions may result in delay of processing invoices for payment. The VENDOR shall be the only office authorized to receive orders, do the billing and invoicing, and receive payment. If the VENDOR wishes to ship or service from a point other than the home office, the VENDOR will furnish a written list of these locations to the CITY. HOWEVER, NO

ORDERS WILL BE PRESENTED TO, BILLING WILL NOT BE DONE

FROM, NOR WILL PAYMENT BE MADE TO THESE LOCATIONS.

b. REQUIREMENTS ONLY PURCHASES: Billing shall be made in accordance with instructions by the Department or Division issuing the purchase order, and only for quantities ordered and delivered. The CITY reserves the right to purchase none of the product and/or services or more than the quantity indicated in Attachment 'A'.

c. TAXES: Purchases by the City of Lawton are not subject to any Sales Tax or Federal Excise Tax. Exemption Certificates will be furnished upon request.

d. DISCOUNTS: VENDORs may offer a cash discount for prompt payment;

however, such discounts shall not be considered in determining the lowest net cost for proposal evaluation purposes. VENDORS are encouraged to reflect cash discounts in the unit prices quoted. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct Invoice at the office specified, whichever is later.

11. EXTENSION: At the end of the contract period, or upon the conclusion of a maximum of one (1) extension thereof, the contract may be extended for a period not to exceed twelve (12) months at the same price and conditions as in the original contract, by mutual agreement between the CITY and the VENDOR.

The extended contract shall, upon the signing by both parties, become a binding agreement and shall remain in force and effect until terminated by either party, provided that either party to the contract shall have the option to terminate said extended contract upon thirty days' prior written notice of termination by one party to the other.

12. CONFLICT OF INTEREST: This Contract Request is subject to the provisions of City of Lawton Charter and City Code and the laws of the State of Oklahoma. All VENDORS must disclose the name of any Officer, Director or

Agent who is also an employee of the City of Lawton or any of its Agencies or Subdivisions. Further, VENDOR must disclose the name of any CITY employee who owns, directly or indirectly, an interest of five percent (5%) or more in the VENDOR'S firm or any of its branches.

13. PATENTS AND ROYALTIES: The VENDOR, without exception, shall indemnify and save harmless the CITY of Lawton, Its Departments, Boards, Commissions, Agencies, Institutions and all employees of the aforementioned from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of this contract, including its use by the City of Lawton. If the VENDOR uses any design, device or materials covered by trademark, patent, or copyright, it is mutually agreed and understood without exception that the prices of goods and services shall include all royalties or cost rising from the use of such design, device, or materials in any way involved in the work.

14. FACILITIES: The CITY reserves the right to inspect the VENDOR'S facilities at any time with reasonable prior notice.

15. BANKRUPTCY: If the VENDOR becomes bankrupt or insolvent, or if a petition in bankruptcy is filed against the VENDOR, or if a receiver is appointed for the VENDOR, the CITY shall have the right to terminate this agreement upon written notice to the VENDOR without prejudice to any claim for damages or any other right of the CITY under this agreement.

16. ASSIGNMENT: This agreement shall not be assigned by the VENDOR without written consent of the CITY.

17. INSURANCE: Unless otherwise specifically stated, proof of the following types and amounts shall be furnished to the CITY, showing the CITY as an additional insured thereunder without cost to the City of Lawton:

a. General Liability: The VENDOR shall procure and maintain in full force and effect, for the term of the Contract, a policy or policies under a comprehensive form as required by State law. In addition, the VENDOR shall have, during the term of the Contract, insurance in the minimum amount of twenty-five thousand dollars ($25,000) property damages, arising from a single occurrence, one hundred twenty-five thousand dollars ($125,000) for personal injuries arising from a single occurrence, and one million dollars ($ 1,000,000) for any number of claims arising out of a single occurrence or accident. This policy or policies shall hold harmless and indemnify the City of Lawton, its Departments, Boards, Commissions, Agencies, Institutions, and all employees of the CITY. A current certificate, showing that the VENDOR has in force and effect such insurance, shall be maintained on file with the City Clerk of the

CITY.

b. Automobile Liability: The VENDOR shall procure and maintain in full force and effect, for the term of the project, vehicle liability coverage in the amounts specified in subparagraph A of this section. In addition, the VENDOR shall have, during the term of the project, vehicle liability coverage as outlined in the attached project guidelines. If higher coverage is required by any regulatory entity with oversight of the VENDOR'S business, the City Code, or other authority, then proof of the higher coverage must be provided. This policy or policies shall hold harmless and indemnify the City of Lawton, its Departments, Boards, Commissions, Agencies, Institutions, and all employees of the aforementioned. A current certificate showing that the VENDOR has in force and effect such insurance, shall be maintained on file with the City Clerk of the CITY.

c. Workers' Compensation: The VENDOR shall procure and maintain in full force and effect for the period of the project, full Workers' Compensation insurance in accordance with the laws of the State of Oklahoma to protect the VENDOR and the CITY against liability under the Workers' Compensation and occupational disease statutes of the State of Oklahoma.

A current certificate showing that the VENDOR has in force and effect the aforesaid insurance or a current certificate showing exemption from the requirement shall be maintained on file with the City Clerk of the CITY.

18. TIME OF ESSENCE: Unless otherwise stated, time shall be considered of the essence to this agreement.

a. VENDOR specifically agrees that it shall not be grounds to alter the terms of any proposal submitted and that it shall be liable for failure to deliver or delay in delivery occasioned by and including, without limitations, strikes, lockouts, inability of obtaining material or shipping space, breakdowns, delays of carrier's or suppliers and pre-existing governmental regulations of the federal and state government or any subdivisions hereof.

b. When time is not of the essence, this contract shall be inoperative during such period that aforesaid delivery or acceptance may be rendered impossible by reason of fire, strike, Acts of God, or government regulation.

Provided, however, to the extent that the VENDOR has any…