Table of Contents

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Tabl e of Contents



Body of RFP

Overview of the RFP


Instructions to Proposers


Selection and Award


Company Profile


Costs


Exhi bi t 1

Vendor Suppo
rt


Exhi bi t 2

Major Release Schedule


Exhi bi t 3

Additional Support


Exhi bi t 4

Functional Requirements


Exhi bi t 5

Technical Environment Requirements


Application


Database


Platform/Operating Systems


Future Directions


At t ached

General Terms and C
onditions



Project Name

On
-
Line Employment/Recruiting
Application Software

RFP
236
-
07
Submission Deadline

3:00 p.m.,
Thursday, May 3, 2007





Service Summary
:

The purpose of this RFP is to solicit proposals for
an
integrated
easy to use
On
-
line
Employment/
Recruiting Application
software package

to repl
ace our
present system with an application of greater capability
, reliability

and compatibility with
the city’s strategic information systems’ direction. This system should be capable of
supporting increased workloads (present and projected) and reducing
our operating
costs. A description of the functionality required is contained in subsequent sections of
this RFP.


Based on the proposal provided, companies may be selected for interviews and/or
presentations. Upon completion of the interview/presentatio
n phase, the City expects,
but is not obligated, to proceed with negotiation of a contract with the selected
proposer. Any proposer responding to this Request for Proposals must agree to the
terms and conditions included in the proposed contract.


Proposa
l Requirements
:

Each proposal will be prepared in accordance with the
Instructions to Proposers outlined in the Vendor Support, Release Schedule, Functional
Requirements, and Technical Environment Requirements sections. Any proposal, which
does not confo
rm in all material respects to the Request for Proposals, may be
considered non
-
responsive.


Right to Reject Proposals
:

The City reserves the right to reject any or all proposals,
waive any informality in a proposal or to withhold the award for any reason

the City
determines.


Equal Opportunity
:

The City is an equal opportunity employer. Minority and
women’s business enterprises are encouraged to submit proposals on the Project.


1. Request for Proposal.

The City of Garland (COG) invites experienced software development vendors to submit
proposals for an On
-
Line Employment/Recruiting Application Software.

2. Instructions to Proposers.

Proposals will be accepted

until 3:00 p.m.,
Thursday, May 3, 2007
. Proposals received
after that time will not be accepted.
Fax and Email proposals will not be accepted.
Proposals shall be clearly marked with the name and address of the proposer and the
title of the project:
“On
-
Line Employment/Recruiting Application Software RFP #
236
-
07.
” Four (4) copies of the proposal must be submitted to
:


City of Garland Purchasing Office

200 North Fifth Street, Garland, Texas 75040

Questions may be
submitted through the RFP Depot system until 12:00 noon, April 30,
2007. The City of Garland
sponsors
registration

with RFP Depot
. Use of the RFP Depot
system is completely free.

The City reserves the right to request additional copies of the proposal

at no charge
during the review process. If requested, the proposer shall submit additional copies
within 5 business days.


Concise and well
-
organized proposals are recommended. This proposal should include
responses to the requirements that follow as
well as cost estimations based upon the
information contained in the following document. All options should be presented, as
well as ongoing maintenance and support costs. Software costs addressed
on table
titled “FINANCIAL SUMMARY FORMAT”

shou
ld include the incremental cost for
software licenses as well as site license costs.

To identify costs, submit a spread sheet
indicating cost projections for years 1 through 5.

All questions and issues displayed in
Exhibits 1 though 5 should be addresse
d in the proposal.
Reponses must be numbered
exactly like the proposal.


The costs incurred in running the software demonstrations, preparing the proposals, or
incurred in any other manner by the vendor in responding to this RFP may not be
charged to the C
ity of Garland organization.


All questions or requests for information shall be submitted through the RFP Depot Q&A
feature at
www.rfpdepot.com

. No contact will be permitted between proposers and
any other City s
taff until after the proposal submission deadline.


Proposers may submit more than one proposal to reflect alternative approaches;
however, one and only one proposal must be identified as the offeror’s Primary
Proposal. To facilitate evaluation, Alternati
ve Proposals must follow the same content
format as the Primary Proposal.


The City reserves the right to obtain clarification of any information in an offeror’s
proposal. Failure of a proposer to respond to such a request for additional information
or c
larification may result in rejection of the proposal.


In the event that it becomes necessary to revise any part of this RFP due to issues
raised during the proposal submission period, an addendum, supplement or amendment
to this RFP will
be
posted on RFP Depot. It is important to register with RFP Depot as
soon as possible to receive notification of any additional information.



The proposal must be signed by a perso
n or persons legally authorized to bind the
proposer.

Prepare response in the same format as this proposal.


All material submitted in response to this RFP becomes the property of the City of
Garland. The City of Garland reserves the right to use the id
eas presented in any
offerors’ proposal. Award of the contract to a different offeror does not eliminate this
right
.
Blanket substitution of the proposer’s standard contract for the City of Garland’s
proposed Professional Services Contract will not be pe
rmitted.


Proposals will be received and publicly acknowledged at the location, date, and time
stated. Vendors, their representatives and interested persons may be present. The
proposals shall be received and acknowledged only so as to avoid disclosure o
f the
contents to competing vendors and kept secret during negotiation. However, all
proposals shall be open for public inspection after the contract is awarded. Trade
secrets and confidential information contained in the proposal and identified by vendo
r
as such will be treated as confidential by Garland to the extent allowable in the Open
Records Act.


No City of Garland employee shall have a direct or indirect financial interest in any
contract with the City, or be directly or indirectly financially in
terested in the sale of
materials, supplies or services to the City.

3. Selection and Award.


The City reserves the sole right to evaluate the proposals submitted, waive any
irregularity therein, select and/or reject any and all proposals. The City will
employ the
company submitting the most fitting proposal in its judgment unless there is a legal
reason for not doing so.


The content of the proposal of the successful bidder will be considered as contractual
obligations. Failure to meet these obligations

may result in cancellation of the contract.

A Performance Bond in 100% of the amount of the award will be required from the
successful vendor.

The City of Garland reserves the right to reject any and all proposals received in
response to this request if s
ome other manner of negotiation better serves the interests
of the City. The City does not necessarily intend to award the contract solely on the
basis of this request, or otherwise pay for the information solicited or obtained.
However, unless announced

otherwise, the winning proposal will be selected on the
basis of the technical and functional conformance of the software package or service to
the COG requirements and the total cost of the software package or service (including
cost of supporting person
nel and of conversion).


An
ad
-
hoc

group comprised of
City of Garland

professionals will review the proposals
and may select a “short
-
list” of companies to be invited for

interviews
, demonstrations

and/or presentations during the
third quarter of 2007.


The following criteria will be used for selection:



Firm Experience and Capability



Technical and Functional Conformance



Quality and Organization of the Proposal



Tailoring o
f the proposal to the COG needs



Total Cost of the Software Package

After evaluating the selection criteria, the City anticipates negotiating a contract with
the selected company. If negotiations are unsuccessful, the City reserves the right to
negotiate w
ith the next highest
-
ranking company. The desired
award

date is
between
the last quarter of 2007 and the
first

quarter of 2008.


4. Company Profile


This category will evaluate the stability of the software vendor company. P
lease
provide specific information, including the following:




Company size and staff



Customer base / Installed base



Customer loyalty and recommendations



Reputation within the industry


Length of time in software business

5. Service Cost

The City

desires that this project be completed
and implemented
by the
second to
forth

quarter of 2008
.

This RFP is intended to solicit proposals for a turnkey solution.

This
does not, however, obligate the City to purchase any or all components included in the
proposal.
COG will be responsible for all communications, however, if additional
hardware or software is needed, costs should still be provided and items should be
detailed.


Garland is by statute exempt from the State Sales Tax and Federal Excise Tax;

therefore, the proposal shall not include taxes.


FINANCIAL SUMMARY FORMAT

Submit a spread sheet with cost projections from year one through five using
the
c
riteria

shown below.

ITEM

PURCHASE
COST

MAINTENANCE

COST

QUANTITY

EXTENDED

PRICE

HARDWARE

TOTAL






Detail





SYSTEM
SOFTWARE TOTAL





Detail





SOFTWARE TOTAL





Detail





SOFTWARE MODS

TOTAL





Detail





DATA
CONVERSION





Detail





TRAINING TOTAL





Detail





STAFF /
CONSULTANT
SERVICES

TOTAL





Detail





TOTAL YEAR ____

IMPLEMENTATION






NOTE THAT PROJECTIONS FOR 5 YEARS ARE REQUESTED
.

Exhi bi t 1

Vendor Support



Vendor support will be evaluated in this category.


A.

During the initial period after installation, it is important to COG to have
local support for
the product. It is during this time that many user
questions and problems will occur. What does your company offer with
regard to this area of support?


B.

After the initial period, will the vendor supply continuing support for the
product and what type
s of support are available?


C.

What is the cost model used for maintenance and support?


D.

What services and software are included in a typical maintenance and
support agreement?


E.



How many back releases of your software are supported?


F.

What support

channels are available, i.e. newsgroups, user groups,
conferences, telephone support, remote access, we support?


G.

What hours is telephone technical support available for immediate
response? What support options are available after hours and at what
cost?


H.

It may be important to train certain staff members on various areas of the
system. What types of training is available, is recommended, and what
are the fees?

Exhi bi t 2

Major Release Schedule



Major Release Schedule


A.

How does your company handle new software releases? Can upg
rades be
loaded without taking the system down? How long do you support back
releases?


B.

How often are major releases available?


C.

How often are minor releases available?


D.

How often are software patches or service pack rollups released to all
cu
stomers?


E.

What is contained in the typical patch or service pack (enhancements
and/or fixes)?


F.

How often are minor fixes to specific customer problems released?


G.

What methods are used to inform customers of new patches and fixes?


H.

What step
s are taken for quality assurance of any release of the software?


Exhi bi t 3

Additional Support




Other Alliances, Partnerships, Sub
-
Contractors and VARs


Please describe any other companies or individuals who will be working with you on
this project. Include any relationships includ
ing, but not limited to, strategic
alliances, partnerships, sub
-
contractors, VARs, associations, etc. Describe the extent
of the responsibilities of each entity and how you intend to guarantee the
deliverables.



EXHIBIT 4

F unc t i o nal Requi r e me nt s


To facilitate evaluation, the response to

the functional requirements of the system will
be returned in the format used in the requirements grid.


Below is an explanation of the headings used in the requirements grid.


Explanation of headings:


Functional Criteria
: Requirement description from
RFP requirements.


Meets Requirement
: The version of the package being proposed meets this
requirement with no custom modification.


Modification Required
: A modification would have to be made to meet this requirement.
If the company is unwilling to make

this modification it should be stated in the
comment section


Modification cost
: If there is an additional cost over base product price for the
modification, it should be stated here.


Modification to be included in Base Package
: Whether or not the City

will be charged
for the modification, it should be stated whether it will be included in the base package
and future releases for maintenance purposes


Functional Criteria

Meets
Require
-
ment

Modifica
-
tion
Required

Modifica
-
tion
Cost

Modifica
-
tion to
be
in
cluded
in Base
Package

Ability within software administration
module for City to make modifications
and customize to all the following: forms
design; ratings; workflow (incl.
Document approval processes); links
between application modules; links to
other
applications (e.g. HRIS, e
-
learning applications); notifications (incl.
Content, frequency, number); policy
content/information.





Ability to easily configure all forms to
conform to City existing processes.





Updates and upgrades to software must
be provided without affecting the
current version of our software.





EXHIBIT 4

F unc t i o nal Requi r e me nt s



Functional Criteria

Meets
Require
-
ment

Modifica
-
tion
Required

Modifica
-
tion
Cost

Modifica
-
tion to
be
in
cluded
in Base
Package

Must have an approval and routing
mechanisms for forms that can be
integrated into e
-
mail (workflow).
This
functionality should include the ability to
send reminders of key informatio
n that
can be integrated into e
-
mail.





Must include electronic signature
capabilities.





Must have the ability to print all forms.





Comprehensive standard reports and
report writing tool for non
-
standard
reports.





Ability for system to perf
orm batch

information

updates to and from HRIS

(i.e. once applicant is hired, migrate
personal and work information into
system)
.






Ability for application to provide on
-
line

help functionality to associates and
managers.





Ability for application to embed
Customer specific information within the
on
-
line help module.





Ability for systems to support multi
-
lingual capabilities.





On
-
Line Employment
Application
Requirem
ents





Ability to create an on
-
line employment
application.





Ability to change and reconfigure form
or have multiple forms.





Ability to have assessments tied to the
position that the candidate is applying
for.





Ability to email an applican
t a forgotten
password.





Ability to send an email stating if any
information is missing from the
employment application, or if additional
assessments need to be completed.





EXHIBIT 4

F unc t i o nal Requi r e me nt s



Functional Criteria

Meets
Require
-
ment

Modifica
-
tion
Required

Modifica
-
tion
Cost

Modifica
-
tion to
be
in
cluded
in Base
Package

On
-
Line Recruiting

Requirements





Ability to submit a requisition for a

posting through the system with email
notification.





Ability to establish levels approval for
the requisition for the posting.





Ability to check the progress of a
requisition.





Ability to set assessments for postings
and have the assessments w
eighted.





Ability to have multiple assessments for
one posting.





Rating/Scoring

Requirements





Descriptions of each ranking option are
provided.





Overall assessment ranking should be
suggested based on assessment
answers.





Workflow

Requ
irements





Ability to route applicant to manager,
applicant to HR Recruiter, and/or
manager to HR Recruiter.





Ability to route to other
associates/managers.





Ability for requisition or employment
application to assume a particular
workflow.





Ability to have unlimited workflow
processes.





Ability to have each unique employment
application template/form to have a
Routing Map and Workflow associated
with it which can be modified, if
required.





Ability to determine defined due dates
and

trigger reminder emails.





EXHIBIT 4

F unc t i o nal Requi r e me nt s



Functional Criteria

Meets
Require
-
ment

Modifica
-
tion
Required

Modifica
-
tion
Cost

Modifica
-
tion to
be
in
cluded
in Base
Package

Ability to have documents signed and
approved electronically via on
-
line
system.





Ability to freeze requisition document for
further updates from read only to
modification by owner.





Ability for recruiting application

to
support the forwarding requisitions to
the next level of management when an
approving manager has terminated.





Administration
and
Security Requirements





Managers are only able to view or
search the employment applications for
persons who have a
pplied to their
positions
. Managers do not have the
ability to see if a person has applied to
another position that does not fall under
them.





HR can view all applicants.





HR can view all postings.





Differentiate between internal and
exte
rnal candidates.





Allow internal candidates to view
internal and external postings.





Allow only internal candidates to view
and apply for internal positions.





Ability for application to send applicant’s
User ID and Password directly to them .





Ability to provide updates to HR
indicating requisitions which are
outstanding.





Ability for users to change passwords.





Ability for users to
receive notification of
forgotten passwords.





Flexible document templates that can be
changed based on role.





Reporting
Requirements





EXHIBIT 4

F unc t i o nal Requi r e me nt s



Functional Criteria

Meets
Require
-
ment

Modifica
-
tion
Required

Modifica
-
tion
Cost

Modifica
-
tion to
be
in
cluded
in Base
Package

Ability
to provide real time, on
-
line
reports of applicants, positions,
requisitions, EEOC in
formation, number
of applicants per posting as well as ad
hoc reporting.





Ability to have an automated process to
notify managers when their requisition
is approved and when it is posted.





Ability for application to provide the
following type of
detail and summary
reporting: Employment Applications,
Positions, Requisitions, EEOC, Date
Ranges, Assessment scores.





Ability for managers to generate
standard reports on an as needed basis
based on user privileges.





Ability for application to al
low ad hoc
reporting of all system data that is easily
exportable to a report writer (Crystal) or
Excel for ad hoc reporting.





Ability
for all reports to be exported into
common formats i.e. Excel, pdf and csv
or tab delimited files
.





Abili
ty for reports to be printed.







EXHIBIT 4

F unc t i o nal Requi r e me nt s


This area of evaluation will be performed by technical experts independently
from the functional criteria used by the end users for their evaluation. In
essence, this area is a primary evaluation criteria that will be

used when judging
whether the package will fit into the COG technical environment


A. Application

Proposed Solution


1.

What is the name and version of all software(s) included in the proposed
solution?


2.

Describe each of the software applications invo
lved in the proposed
solution. Include the name, version, and high
-
level functionality of
each.


3.

The proposed solution should include software and technical resources
for non
-
production testing, development, and quality assurance
environments. These n
on
-
production environments are designed to
simulate small portions of the production environment on an as needed
basis. The proposed solution should be capable of being installed and
fully functional with in these environments.


Development History


4.

In

what year was the original version of the proposed product created?


5.

What programming language(s) is the proposed solution developed in?


6.

Is the application software written in a proprietary language? If so,
describe. If application has been develo
ped using a third
-
party product,
indicate the product chosen, its version, and why it was selected.


7.

Was the proposed solution ported from another environment or
platform? If so, how many major releases prior was the port
implemented?


Code/Applicatio
n Logic Accessibility


8.

What portions of the source code will be available to the city?


9.

To what extent are business and application logic within the proposed
solution exposed, documented, and supported for the products further
customization by the ci
ty?


10.

Is access to business and application logic exposed via open standards
or proprietary methods?


EXHIBIT 6

Gener al Ter ms & Condi t i ons



11.

What open standards are supported for access to business and
application logic?

(COM, COM+, DCOM, CORBA, XML, SOAP, J2EE, Java
Beans, etc.)


12.

What proprietary means are supported for access to business and
application logic?

Vendor supplied API, SDK, direct data access, etc.


13.

Include a list of the proposed solutions business and application logic
that is exposed and supported for allowing
application customization and
integration.


14.

Does the application have components that are run using a Windows
Server

service?


15.

Does the application require specific drive mappings?


Documentation


16.

What documentation and in wh
at format (electronic or paper) is
provided or available?


17.

To what extent and how are all application level error codes
documented?


18.

Are immediate error messages generated for users? If so how are these
messages delivered? Can these messages be c
ustomized to meet the
specific needs of the city?


Interaction with other systems or applications


19.

What interaction does the proposed solution have with other systems
(printing, data exchange, email, clients, scheduler, other)? For each
interaction, d
oes it take place on the client or on the backend server?


20.

Is the proposed solution accessible via OLE, DDE, or VBA?


Proactive management and alerting


21.

What capabilities are provided with the proposed solution or can be
acquired through third pa
rty software that manages the proposed
solution application?


22.

What backend monitoring and alerting systems are provided?


23.

What third party monitoring and alerting systems are supported?


EXHIBIT 6

Gener al Ter ms & Condi t i ons



24.

What aspects of the proposed solution can be monitored? (
operating
system, database, application, processes, data integrity)


25.

Do the supported monitoring systems run continually or as part of a
maintenance cycle?


26.

Is a job or queue process scheduler provided with the proposed
solution?


27.

Can an outsid
e job or queue scheduler manage the proposed solutions
backend server processes?


28.

What control over system resources such as process priority, memory,
and CPU utilization are provided to system administrators?


Scalability and Capacity


29.

By what mea
ns can the proposed solution scale to meet the city’s
needs? Scale up (add more resources or larger capacity system) or
Scale out (distribute the load across more systems)


30.

What is the maximum number of system users in production at any one
site?


31.

What is the largest data repository used by your system in a production
environment?


32.

What is the largest number of transactions in production at any one
site?


Benchmark Tests


33.

Are benchmark tests published for the proposed solution?


34.

List
all benchmark tests that have been performed on the proposed
solution. For each indicate if they are published or not.


35.

Describe how published benchmark tests of the proposed solution can
be obtained.


36.

Enclose any benchmark tests that have been pe
rformed on the proposed
solution that closely resemble the City’s environment.




EXHIBIT 6

Gener al Ter ms & Condi t i ons



Client software


37.

What kinds of clients are provided? (Browser based, client
\
server, Thin
Client)?


38.

Client
\
server, proposed solution provides 32
-
bit Windows based cli
ent?
What versions and service pack levels of Microsoft Windows are
supported?


39.

Browser based, proposed solution provides an Internet Explorer or
Netscape client without utilizing ActiveX controls or Plug
-
ins leveraging
an HTML server?


40.

What brows
ers and versions are supported? Does the browser based
client have all capabilities?


On
-
line Help system


4
1
.

Does the proposed solution provide an interactive help system for clie
nt
access?


4
2
.

Is the help system context sensitive?


4
3
.

Is short descriptive help text displayed interactively at the screen or field
level?


4
4
.

To what level is the help system context sensitive (Module, Screen,
Field)?

4
5
.

Is an on
-
line tutoria
l provided with the proposed solution?


4
6
.

Is any on
-
line tutorial interactive or simply electronic documentation?


4
7
.

Can the help system be modified by the city?


4
8
.

What tools are required to modify the help system?


Security


49
.

Describe in de
tail what and how security is implemented by the
proposed solution.


5
0
.

At what levels is security available (Operating system, database,
application)?


5
1
.

Describe the ability of a department manager or other authorized
personnel to control which tran
sactions each individual in a user
EXHIBIT 6

Gener al Ter ms & Condi t i ons



department is able to perform should be supported by packages in
business areas where this is a requirement. This is a significant criteria
due to the reduction of the overhead and time delays of having an
IT
securit
y administrator having to perform the same function for all
departments.


5
2
.

Describe the proposed solutions use of groups or roles in managing
security.


5
3
.

Are passwords used within the application? Are they encrypted?


5
4
.

How granular can access
be restricted (Module, Screen,
Function/Process, Field) via the proposed solution administrative
interface?


5
5
.

Can data access types (read versus update) be secured via the proposed
solution administrative interface?


5
6
.

Can system processes (batch p
rocessing, maintenance routines, etc.) be
secured via the proposed solution administrative interface?


5
7
.

Objects within the database are owned by what security ids?


5
8
.

If the proposed solution supports Oracle, to what extent are user table
spaces em
ployed?


59
.

If the proposed solution supports Microsoft SQL Server, to what extent
are objects owned by DBA within the database?


6
0
.

Are tables and views exposed for direct access by users?


6
1
.

Describe what access methods are available to access da
ta directly
without the use of the proposed application.


6
2
.

Describe the extent to which your system provides the flexibility to set
up different departments, user groups, or a single user with the ability
to process any number of screens, in any order,

necessary to complete a
business transaction.


6
3
.

Do you perform regression testing on your application?


6
4
.

Have you performed vulnerability testing on you application? Please
share the results of this testing.



EXHIBIT 6

Gener al Ter ms & Condi t i ons



Data Management


6
5
.

What conversio
n capabilities are available for converting data from an
existing system?


6
6
.

Do you provide a utility, application, or function to purge unwanted data
without extensive DBA involvement?



6
7
.

Do you provide a utility, application, or function to archi
ve unwanted
data without extensive DBA involvement? Where is the data archived?
What format is archived data converted to?


6
8
.

Once data has been archived can the data be reported upon through the
application or AdHoc query tool without converting the
data back to its
original format?


69
.

What process types are commonly used in the proposed solution (Batch,
OLTP, OLAP, AdHoc query)?


7
0
.

Other than configuration data is any data stored outside the RDBMS?


7
1
.

If data is stored outside the RDBMS wha
t is the purpose of the data?
Through what mechanisms can it be accessed?


7
2
.

Does the application produce or use any flat files for data? If so how
are these files exported, imported, and recovered?


Licensing


7
3
.

How is the software licensed (By c
lient, by server, by cpu, by
transaction, other)?


7
4
.

How is licensing accomplished (By contract agreement, enforced by
software, by physical hardware key)?


7
5
.

If licensing is enforced by software, specifically how is it enforced (key
tied to hardwar
e, concurrent users, number of accounts in system,
number of clients, etc.)?



7
6
.

Are there additional costs to install the proposed solution in non
-
production environments (evaluation, test, quality, clustered fail over,
etc.)?


7
7
.

What license requir
ements are there for any third party software
products or other software that is utilized by the proposed solution?

EXHIBIT 6

Gener al Ter ms & Condi t i ons




Ease of Application Customization


7
8
.

Comment on the ease with which modifications can be made to meet
specific user requirements. What
productivity tools, including third
-
party
tools, are available for this purpose? Can screen and report changes be
made without changes to the underlying application code? If not,
describe the change process. What experience level and/or training are
rec
ommended for those programmers making the changes?


79
.

Comment on the ability of the application products to alter data element
attributes, such as the length of an account number on each screen,
without having to make changes to the underlying code.


8
0
.

In several application areas within COG, it may be important that
different users in different departments have access to the same
transactions, but not have access to the same data fields. It may also
be desirable to allow a user to customize a scree
n, providing the default
values most often used by that particular user, thereby increasing
productivity. Does the proposed application allow the customer this
flexibility?


Processing Flexibility


8
1
.

Is it possible to process in real
-
time and batch mod
es with your product?


8
2
.

In the COG environment, there are some cases when it is imperative
that users be able to update in an on
-
line mode even though
transactions are being processed in a batch mode. Comment on how
your system would accommodate this.



8
3
.

Comment on the degree to which your application is database
independent.


8
4
.

Comment on the degree to which your application is platform
independent.


8
5
.

Describe any workflow management of the proposed solution.


8
6
.

What flexibility does the
proposed solution have to define within the
system how much data is to be provided on a single screen? By using
such features, a user can reduce the time normally taken to key in
information by processing several physical transactions from one logical
scr
een. Indicate how your product addresses this issue.


EXHIBIT 6

Gener al Ter ms & Condi t i ons



8
7
.

Can the application be made unavailable to the users without shutting
the database down? Describe the methodology used.


8
8
.

Does the application automatically disconnect from the database with
a
rollback after a specified period of inactivity? Discuss.


Processing Architecture


89
.

What address space is accessible by the proposed solution (16, 32, 64
bit)?


9
0
.

Does the proposed solution utilize preemptive multi
-
tasking?


9
1
.

Does the propo
sed solution utilize multi
-
threading?


If so, at what layers is multi
-
threading used (Presentation, Application,
Data Management)?


9
2
.

Does the proposed solution utilize a distributed architecture? Describe
the role of the client and the servers in your

application.


Reporting


9
3
.

If the proposal includes a report writer, please include a complete
description of its capabilities. Since the City will have many applications
from several different vendors, it desires to standardize on one SQL
based repor
t writer. The City has chosen Crystal Reports from
Business
Objects

as the standard SQL based report writer. With this in mind,
please state any advantages or necessities to using the proposed report
writer as opposed to Crystal Reports.


9
4
.

The ability of a user to perform on
-
line ad
-
hoc reporting is key in the
current COG business environment. In addition to the database
report/query tool, packages should contain their own form of query
language. Does the application itself include q
uery/report capability?
Please describe.


9
5
.

While all users like to run queries on
-
line, it may be necessary to have a
printed report of the query to distribute to another person. It is desired
that all systems support the ability to print the results

of queries via
batch mode, which not only provides the users with the information they
need, but also reduces the resources required of the computer to
perform the function. A superior solution would be to run batch
reporting and have the capability to d
istribute it on
-
line. Describe
capabilities in this area.


EXHIBIT 6

Gener al Ter ms & Condi t i ons



9
6
.

Can AdHoc reporting activity be governed or prioritized to ensure system
throughput for production activity?

EXHIBIT 6

Gener al Ter ms & Condi t i ons



B.

Database


Note: Database response should be addressed by a

qualified,
technica
l individual
.


RDBMS and OLAP Engine Support


1.

What RDBMS or OLAP engines does the proposed solution support?



2.

Under what version(s) of that is the application certified?



3.

If an RDBMS is supported, describe the extent to which ANSI SQL
standards

are supported?



4.

What version was used to
develop

this version of the application?



5.

What RDBMS/Version was used to test this application?


Describe the scale of the test database and the application features
present in those records.


Descri
be the methodology used to test new releases/upgrades.



6.

Describe in detail the size and complexity of the databases maintained
at your support site and their respective platforms.



7.

Are you prepared to upload our production database to your support
site
for problem resolution?


Integrated Database Design


The COG desires that applications obtained be highly integrated, and
therefore this criteria is extremely important in order to tie certain
applications together through a common database. Flexibi
lity and structural
characteristics as opposed to a conversion from hierarchical or flat files to
relational (SQL) will be a major consideration when evaluating this area.


8.

Was the proposed database converted from a hierarchical or flat file
format?




9.

Describe the development method used for the database design.



10.

It is important to COG that the data be normalized. Describe the extent
to which true normalization has been compromised for performance. If
an OLAP engine is included in the prop
osal, what schema design is
employed (star, snow flake, etc) and to what extent has the design been
compromised for performance?

EXHIBIT 6

Gener al Ter ms & Condi t i ons





Meta Data


Accurate and comprehensive meta data is an important aspect of any system
and contains a minimum of a data diction
ary and an intent matrix. In
addition to the report writer requirements of users, it is also important that
the application analysts and programmers have access to a good data
dictionary. At a minimum, the data dictionary contains the column name,
column

format, a brief definition of the field, and any relationships with other
fields in any table
.
Additionally the data map should indicate if the field
(column) is required, what (if any) specific values are required in the column,
and if the table is requ
ired for conversion. If values or codes are used,
explanations must be provided.


The intent matrix describes the read/insert/update/delete relationships
between the database tables and the application
functions/programs/screens/unit of work. The matrix
facilitates database
space management and backups.


11.

Describe the scope of all meta data provided.


12.

How accessible is the meta data to modeling, ETL, programming, and
reporting tools?


RDBMS Efficiency


The application may have been developed with

a third
-
party product and
these products often interface with several RDBMS products. Most often 80%
of the performance tuning is done at the application level rather than the
database level.


13.

Detail the application/database tuning already incorpor
ated into your
proposed product including the use of RDBMS proprietary functions.



Declared/Stored Procedures/Triggers


14.

Describe how triggers, declared and stored procedures are used in the
application.


15.

Does anything prevent their use?


16.

D
etail any other facilities at the database level that are used to enforce
business rules.


17.

Detail how referential integrity is enforced with in the proposed solution.

EXHIBIT 6

Gener al Ter ms & Condi t i ons




Releases


18.

How does your company ensure compatibility with new RDBMS and
OLAP en
gines releases that may have to be installed by the City?


19.

What is your policy for maintaining currency and utilizing new features
that may become available in later releases?



Oracle RDBMS Features


20.

Have you incorporated use of the multi
-
threa
ded server option?



21.

Do you require any Oracle product or option other than the basic Oracle
RDBMS product?



22.

How many table spaces are recommended?


23.

Describe any changes to the init.ora file that are
Required/recommended.


24.

What databa
se block size do you recommend?


25.

Does the install allow for multiple table spaces? Do subsequent
upgrades and new releases allow for multiple table spaces?


26.

Do the create tables statements contain storage clauses or is the table
space default us
ed?


MS SQL Server RDBMS Features


27.

Are all objects within the database owned by DBO?


28.

What client protocols are supported by the proposed solution?


29.

If stored procedures are used, are they encrypted?


30.

Has object creation been separated out
to different files to enhance
performance?


General RDBMS Features


31.

What versions of RDMSs are supported by the proposed solution?


EXHIBIT 6

Gener al Ter ms & Condi t i ons



32.

Based on the City’s requirements, what recommendations do you make
for the size and physical layout of the database?



33.

Do you provide scripts for database creation?



34.

Do you provide conversion scripts?


35.

Describe the naming convention standards used in schema generation
(include constraints).


36.

How many tables are defined in the database? How many in
dexes?


37.

What philosophy is used to commit transactions to the database?


38.

Does the application attempt to do its own locking or in any way
interfere or delay the RDBMS’s locking process?




39.

For a single user in a single session, what is the aver
age and maximum
number of connections to the database?


40.

When application upgrades require modifications to the database are
those modifications isolated in SQL scripts that can be run separately?


41.

What utilities and scripts, other than those provid
ed by RDBMS vendor,
do you provide specifically relating to table loading, recovery,
performance monitoring, space reorganization, and recovery?


42.

Are the database objects owned by a single user?


43.

Are any users, other than the object owner(s), defin
ed and used
internally in the application?


44.

Do you provide scripts or detailed instructions for creating a scaled down
test database from the production database?


45.

Have you ever changed the name or characteristics of a column? Why?
Describe the m
ethod you have used to apply this type of change.


46.

Describe in detail the methods used to tune the applications prior to its
release into a production environment.


46.

If referential integrity is enforced via the RDBMS how is it enforced, i.e.
trigger
s, stored procedures, key relationships?


EXHIBIT 6

Gener al Ter ms & Condi t i ons



48.

Describe the extent to which the RDBMS can import and export common
file formats.


49.

What product(s) is used to connect the user to the database? How is it
licensed? What is the relationship between the ver
sion level of the
database and that of the connection product? What version of the
connection product is required?



50.

Detail the utilities and scripts that are provided with the system including
those that specifically relate to table loading, recovery
, performance
monitoring, space reorganization, and data replication. Indicate those
provided by the RDBMS and those that you have developed or
customized.



C. Platform / Operating System


The COG intends to incorporate the proposed solution within fram
ework of
the existing city
-
wide networking environment. Only IP based protocols are
allowed by the city, any deviations should be listed below. This section is
intended to allow each vendor the opportunity to
detail
how the proposed
solution will fit int
o this existing environment.
All

hardware, software and
customization should be detailed in this section. Response times expected by
the COG should be reasonable depending on transaction type, distance, and
other such factors.


Proposed Hardware


1.

When

sizing potential hardware for the City, include such factors as
existing processing needs, future growth, necessary interfaces to
network, compatibility to proposed software and existing network.
Include rationale for the decision. If the vendor will pr
ovide the
hardware, who is responsible for support including initial diagnostics
and/or troubleshooting as well as service or replacement of parts? Who
will have responsibility for installing and updating the operating system?


Protocols Used


2.

In or
der for the COG technical staff to quickly determine compatibility
with the existing network, please specify the intended protocols to be
used to optimally run the application, and those recommended to COG.
What networks and protocols does your product su
pport?



Client Support


3.

Please provide the optimal and minimal client workstation requirements
EXHIBIT 6

Gener al Ter ms & Condi t i ons



necessary to run the proposed application. Include such items as
processors, type of workstations, processor speed, memory
requirements, monitor configurati
ons, etc. Which operating systems are
preferred and which are supported?


Response Time Estimations


4.

Provide the City with an estimated range of transaction response times
to expect based on other client’s systems in similar environments.


Platforms an
d Operating Systems


5.

What other platforms and operating systems, other then the
configuration proposed, would you support?


6.

Are there additional costs involved for support of those other than the
proposed?


7.

Describe the platforms on which the appl
ication software has been
installed, indicate how long it has been in production on each platform,
and give some application
-
specific measure for the size of the
installation, such as number of accounts or number of employees.


8.

Is your application Activ
e Directory integrated?


Location of Executables


9.

What is the proposed location of executables in the COG environment;
i.e., database server, client, local server, etc.? What level of access to
the executables is required in order for the end
-
user to
run the
application?


10.

How much disk space is required?


Additional Servers


11.

Does your product utilize server farms or servers to support specific
functions in addition to the database server and the client workstation?
If so describe the configura
tion of each. All costs for such servers
should be included.



Warranties


12.

What warranties or guaranties are you willing to provide to ensure the
COG that the turnkey solution provided will satisfactorily meet the needs
EXHIBIT 6

Gener al Ter ms & Condi t i ons



of the City?


Wide Area Network
s


13.

The system should be designed to operate efficiently over wide area
networks. Please provide response times over VPN over dial
-
up and T1
wide area links based on other clients’ systems in similar environments.
What is the minimum connection speed
to achieve acceptable response
times? Please provide details of the client side communications
software, for example, third party terminal emulation software used, and
how it can be optimized for wide area links.



D. Future Directions


1.

What changes t
o the proposed solution are already in the development
and/or testing cycle?


2.

What open standards for access to business and application logic will be
supported in the next major release? (COM, COM+, DCOM, CORBA,
XML, SOAP, J2EE, Java Beans, etc.)


3.

W
hat proprietary means for access to business and application logic will
be supported in the next release? Vendor supplied API, SDK, direct data
access, etc.


4.

Are there any strategic directions with your company to consolidate,
eliminate, or otherwise mi
nimize any of the platforms that are included
in the proposed solution?


EXHIBIT 6

Gener al Ter ms & Condi t i ons



CITY OF GARLAND

TERMS AND CONDITIONS


1% EXEMPTIO
N:

Vendor is exempt from 1% transaction fee payable to RFP Depot.


ANNUAL CONTRACT SHIPMENTS:

The Vendor will make shipments under this contract only
when requested and only in the quantities requested. If there are minimum shipments or
standard packagi
ng please note the items affected.


WARRANTY STANDARDS:

Successful bidder to include copy of complete warranty standards
listing for unit bid.


OEM PARTS:

All vehicle options to be OEM factory installed unless otherwise identified on this
bid.


EASEMENT
PERMISSION:

The contractor shall not enter or use private property except as
allowed by easements shown on the contract documents or if the contractor obtains specific
written permission from the property owner.


EQUIPMENT IDENTIFICATION:

All equipment u
sed on the project shall be clearly marked with
the contractor’s name and LOGO. Subcontractor equipment shall also be similarly marked.


APPLICABLE LAW:

This agreement shall be governed by the Uniform Commercial Code as
adopted in the State of Texas as e
ffective and in force on the date of this agreement.


ASSIGNMENT:

Seller shall not assign this order or any interest herein, including any
performance or any amount which may be due or become due hereunder, without Buyer’s prior
written consent.


PERFORMA
NCE:

If Seller fails to comply with any provisions or terms of this order, the Buyer,
may at Buyer’s option, cancel this order or any other orders outstanding. In the event of
cancellation Buyer retains all rights and remedies it may have.


SUBSTITUTION:

Every tender or delivery of goods must comply with all the provisions of this
order as to time of deliver, quality and quantity. Any tender which does not fully conform shall
constitute a breach and Seller shall not have a right to make a substitute con
forming tender
except as agreed to by the Buyer.


DELIVERY:

All goods shall be delivered F.O.B. Destination unless otherwise indicated herein.
C.O.D. shipments or deliveries are not permitted or acceptable, and for any C.O.D. tender the
Buyer reserves th
e right to terminate the contract.


INSPECTION:

Goods purchased are subject to inspection and approval by Buyer. Buyer
reserves the right to reject or refuse acceptance of goods which are not in accordance with
Buyer’s instructions, specifications, drawi
ngs and data, or Seller’s warranties (express or implied).
Goods not accepted will be returned to Seller at Seller’s risk and expense. Payment for any
goods shall not be deemed an acceptance thereof.


WARRANTY:

By accepting this order Seller warrants th
at the goods and services to be furnished
will be free from defects in materials and workmanship, be of merchantable quality and fit for
ordinary use, be in full conformance with Buyer’s specifications, drawings and data, Seller’s
samples or models, and ex
press warranties, and to be fit for any Buyer’s particular purpose
expressly or impliedly known. These warranties are in addition to all others given to the Buyer by
the Seller or by law. Seller shall not limit or exclude any implied warranties and any a
ttempt to do
so shall render this contract voidable at the option of the Buyer, and any such limitations or
exclusions are void.


EXHIBIT 6

Gener al Ter ms & Condi t i ons



DELIVERY PROMISE/PENALTIES:
: Bids MUST show the number of calendar days required to
place the goods in the City’s receiving d
ept. or Warehouse under normal conditions. DO NOT
quote shipping dates. A minimum of five day better delivery promise will automatically break a tie
bid. Consistent failure of a Bidder to meet delivery promises without valid reason may cause a
removal f
rom the Bid List.


PATENTS:

Seller agrees to indemnify and hold harmless the Buyer against all costs and
expenses, including attorneys fees and undertakes and agrees to defend at Seller’s own
expense, all suits, actions or proceedings in which buyer or th
e users of Buyer’s products are
made defendants of actual or alleged infringement of any U.S. or foreign patent resulting from the
use or sale of the items purchased hereunder (except infringement necessarily resulting from
adherence to Buyer’s specificati
ons or drawings) and further agrees to pay and discharge any
and all judgments or decrees which may be rendered in any such suit, action or proceeding.


INDEMNITY/INSURANCE:

See attached City of Garland minimum requirements, required for all
on
-
site work
on City property.


INVOICING:

Send ORIGINAL INVOICE and DUPLICATE COPY, with ORIGINAL BILL OF
LADING or ORIGINAL EXPRESS RECEIPTS, to address indicated on day of shipment. If
invoice is subject to cash discounts the discount period will begin on the day
invoices are
received. So that proper cash discount may be computed, your invoice should show amount of
freight as a separate item, if applicable; otherwise, cash discount will be computed on total
amount of invoice.


COMPLIANCE WITH LAWS & GOVERNMENT RE
GULATIONS:

(a) Seller shall comply with the
provisions of all Federal, State and local laws and regulations applicable to this order, or to any
goods or services to be furnished hereunder, and shall, upon request by Buyer, furnish Buyer
with satisfactory
proof of compliance with any designated law or regulation. (b) If this order is an
order within the meaning of Executive Order 11246, the nondiscrimination provisions of Section
202 of that order shall be deemed incorporated herein, and applicable to the

parties hereto, and
Seller will comply with all provisions of the Civil Rights Act of 1964, all pertinent rules, regulations,
and orders of the Secretary of Labor and the provisions of Executive Order 11246 to the extent
they are applicable to this order.


ENTIRE AGREEMENT:

This order sets forth the entire agreement between the Buyer and Seller
and no terms, conditions, understandings, or agreements purporting to modify or vary the terms
of this order shall be binding unless made in writing and signed by
the Buyer and Seller. No
terms contained in Seller’s invoice or statement shall serve to modify this order. If any conflict
exists between written provisions on the face of, or attached to this order, and these printed
Terms and Conditions, these written

provisions shall prevail.


PACKAGING:

Unless otherwise indicated, items will be new, not rebuilt, in first class condition,
and in containers suitable for damage
-
free shipment.


CORRESPONDENCE:

The Bid number must appear on all correspondence and inquir
ies
pertaining to the Request for Bid. The Purchase Order number must appear on all invoices or
other correspondence relating to the contract.


DELIVERY TIMES:

Deliveries will be accepted only during normal working hours, i.e., 8:00a.m.
to 4:00p.m., Mond
ay through Friday at designated City receiving departments or Warehouse,
unless prior arrangements have been made with the receiving department.


TIE BIDS:

In case of tie bids, preference will be given to local vendors in accordance with State
law.


EXHIBIT 6

Gener al Ter ms & Condi t i ons



BID L
IST REMOVAL:

The City reserves the right to remove a company from any Bid List for: (1)
continued failure to respond when approached, (2) failure to deliver merchandise within promised
time, or (3) delivery of substandard merchandise.


ACCEPTANCE:

The
right is reserved to accept or reject all or part of the bid, and to accept the
offer considered most advantageous to the City by item or total bid.


SPECIFICATIONS
-
SAMPLES:

If bidding on other than referenced, bid must show trade name,
manufacturer name
and/or catalog number, and certify article offered is equivalent. Descriptive
literature must be submitted with alternate brands. Samples shall be furnished free of expense to
the City and if requested, may be returned at bidder’s expense.


CONTRACT QUAN
TITIES:

The quantities in the request for bid are estimated annual
requirements and the City reserves the right to increase, decrease or delete any item to be
furnished. The successful bidder shall have no claim against the City for anticipated profits f
or
quantities diminished or deleted.


CONTRACT RENEWAL OPTIONS:

In the event a clause for option to renew for an additional
period is included in the request for bid. Renewals will be based solely upon the option and
agreement between the City and the ve
ndor. Either party dissenting will terminate the contract in
accordance with its initial specified term.


TERM CONTRACTS:

Prices as stated in the purchase order shall remain firm for the entire
contract period. Unforeseen changes in the economy may sugg
est price adjustments. Any price
adjustment requested must contain specific information the relevant material in the product,
actual cost of that material, the Bureau of Labor Statistics Data Description used to calculate the
request, etc. Criteria may b
e obtained from the Purchasing Department. The City may reject any
request for price adjustment.


TAXES
-
EXEMPTION:

All quotations are required to be submitted LESS Federal Excise and
State Sales Taxes. Tax Exemption Certificate will be executed for the
successful vendor.


COOPERATIVE PRICING:

It is the intent of the City to consider Interlocal Cooperative
Agreements and State/Federal contracts in determining the best value for the City.


INTERLOCAL AGREEMENT:

Successful bidder agrees to extend prices t
o all entities who have
entered into or will enter into joint purchasing interlocal cooperation agreements with the City of
Garland. The City of Garland is a participating member of several interlocal cooperative
purchasing agreements. As such, the City
of Garland has executed interlocal agreements, as
permitted under Chapter 791 of the Texas Government Code, with certain other political
subdivision, authorizing participation in a cooperative purchasing program. The successful
vendor may be asked to prov
ide products/services based upon the bid price, to any other
participant..


COUNCIL POLICY:

It is the policy of the City Council to forbid any individual or business entity to
conduct business with the City if such person(s) currently owe(s) the City mone
y which is past
due or delinquent on property taxes, impact fees, utility bills, Municipal Court fees, EMS fees or
damage claims to City property. (City Council Policy OPNS
-
28). Submission of this bid/proposal
or acceptance of this contract certifies comp
liance with the policy.


COUNCIL POLICY:

By the execution and submission of this bid, bidder acknowledges that
bidder has received a copy of City Council Policy OPNS
-
04 (enclosed) and bidder represents and
warrants that bidder complies with the requiremen
ts of the City Council Policy OPNS
-
04 and is in
no manner disqualified from doing business with the City under that policy.


CITY PROVIDED SERVICES:

The contractor, or any sub
-
contractor or vendor shall use only city
provided services in performing this co
ntract including but not limited to: Electric (if available),
EXHIBIT 6

Gener al Ter ms & Condi t i ons



Water, Sanitation and Solid Waste Services. The rate charged by the City shall be the same as
charged for the same or similar services. Commercial Solid Waste rates may be obtained from
City o
f Garland Solid Waste, Commercial Rates, 972
-
205
-
3500.


PROHIBITION AGAINST PERSON INTEREST IN CONTRACTS:

No City of Garland employee
shall have a direct or indirect financial interest in any contract with the City, or be directly or
indirectly financiall
y interested in the sale of land, materials, supplies or services to the City.


TERMINATION:
This agreement may be terminated by the City without notice and without
penalty or liability in the event that (1) the City lacks sufficient funds for this agreem
ent; (2) funds
for this agreement are not appropriated by the City Council of the City; and (3) funds for this
agreement that are or were to be provided by grant or through an outside service are withheld,
denied or otherwise not available to the City.


Th
e City at time of issuance of this agreement, by 30 day written notice, have the absolute right to
terminate this agreement for cause or for convenience. Cause shall be the vendor’s refusal or
failure to perform the work or failure to meet specifications,

quantity or quality of work performed
within the time specified by this agreement. In such case, the vendor shall be liable for any
damage suffered by the City.


However, the vendor shall not be held responsible for failure to perform is such failure is
caused
by acts of God, acts of the public enemy, acts of the governments, provided the vendor notifies
the City within 30 days after such cause occurs. If the agreement is terminated by the City for
convenience, the vendor has no further obligation under
the agreement. Payment shall be made
to cover the cost of material/work in progress or “cosigned” to the City as of the effective date of
termination.


ELECTRONIC BIDS
: The City of Garland uses RFP Depot to distribute and receive bids and
proposals. The
re will be
NO COST

to the vendor for bids or proposals. Refer to
www.rfpdepot.com

for further information.


ELECTRONIC SIGNATURE


UNIFORM ELECTRONIC TRANSACTION ACT:

The City adopts
Vernon’s Texas Statutes and Co
des Annotated Business and Commerce Code Chapter 43.
Uniform Electronic Transaction Act, allowing individuals, companies, and governmental entities to
lawfully use and rely on electronic signatures.


RIGHT TO AUDIT:

Purchaser shall have the right to exam
ine and audit the books and records of
Seller
-
Contractor at any reasonable time. Such books and records will be maintained in
accordance with generally accepted accounting principles and will be adequate to enable
determination of compliance with the prov
isions of this agreement.


FUNDING OUT CLAUSE:

This agreement may be terminated by the City without notice and
without penalty or liability in the event that (1) the City lacks sufficient funds for this agreement;
(2) funds for this agreement are not appr
opriated by the City Council of the City; and (3) funds for
this agreement that are or were to be provided by grant or through an outside service are
withheld, denied or are otherwise not available to the City.


DISPUTE RESOLUTION:

Pursuant to subchapter
I, Chapter 271, TEXAS LOCAL
GOVERNMENT CODE, Contractor agrees that, prior to instituting any lawsuit or other proceeding
arising from any dispute or claim of breach under this Agreement (a “Claim”), the parties will first
attempt to resolve the Claim by t
aking the following steps: (i) A written notice substantially
describing the factual and legal basis of the Claim shall be delivered by the Contractor to the City
within one
-
hundred eighty (180) days after the date of the event giving rise to the Claim, w
hich
notice shall request a written response to be delivered to the Contractor not less than fourteen
(14) business days after receipt of the notice of Claim; (ii) If the response does not reasonable
resolve the Claim, in the opinion of the Contractor, th
e Contractor shall give notice to that effect
tot the City whereupon each party shall appoint a person having authority over the activities of the
EXHIBIT 6

Gener al Ter ms & Condi t i ons



respective parties who shall promptly meet, in person, in a effort to resolve the Claim; (iii) If those
perso
ns cannot or do not resolve the Claim, then the parties shall each appoint a person from the
highest tier of managerial responsibility within each respective party, who shall then promptly
meet, in person, in an effort to resolve the Claim.


DISCLOSURE OF
CERTAIN RELATIONSHIPS:

Effective January 1, 2006, Chapter 176 of the
Texas Local Government Code requires that any vendor or person considering doing business
with a local government entity disclose in the Questionaire Form CIQ, the vendor or person’s
aff
iliation or business relationship that might cause a conflict of interest with a local government
entity. By law, this questionnaire must be filed with the records administrator of the City of
Garland not later than the 7
th

business day after the date the

person becomes aware of facts that
require the statement to be filed. See Section 176.006, Local Government Code. A person
commits an offense if the person violates Section 176.006, Local Government Code. An offense
under this section is a Class C misd
emeanor. Chapter 176 and the questionnaire may be found
at
www.garlandpurchasing.com
.


By submitting a response to this request, vendor represents that it is in compliance with the
requirements of Chapter
176 of the Texas Local Government Code.


COMPETITIVE PRICING:

Pricing from Interlocal and cooperative purchasing agreements may
be considered.



EXHIBIT 6

Gener al Ter ms & Condi t i ons




CITY COUNCIL POLICY

OPNS
-
04


Qualifications for Doing Business with the Cit
y


I.

Purpose and Need for Policy


The purpose of this policy is to foster the public’s trust in the conduct of City business and to further insure
the expenditures of public funds is beyond reproach.


II.

Policy


Other than the exceptions cited below, it is the
policy of the City Council to not enter into or renew a
contract to purchase, sell, or lease property or services to or from any entity described in
this policy.


III.

Procedure to Accomplish Policy


A.

The City of Garland shall not, except as provided herein,
enter into or renew a contract to
purchase, sell, or lease property or services to or from any person or entity who has been:


1)

Convicted of any state or federal felony offense. Conviction includes a final
probation, deferred adjudication or similar dispos
ition.

2)

Convicted or fined in excess of $50,000 on certain state or federal
discrimination offenses. Discrimination charges include only those brought for
discrimination against the race, sex, or religion or an individual or class of
individuals.


B.

Persons
or entities doing business with the City include:


1)

Individuals, corporations, partnerships, associations, or limited liability
companies.

2)

Owner or principal operators of entities referenced in paragraph B(1).

3)

Principal officers of entities referenced in pa
ragraph B(1).

4)

Shareholders in corporations or limited liabilities companies if there are five or
fewer shareholders.

5)

Majority owned affiliates of any entity referenced in paragraph B(1).


C.

This policy shall not apply when:


1)

Three years have elapsed between
the conviction and the approval of the
contract.

2)

The contract does not require City Council approval.

3)

Anything of value is paid or given to informants or participants in a crime
stopper program, or

4)

The City Council determines this policy could cause grave
injury or impose a
severe financial hardship to the City of Garland by its application, and is waived
by an affirmative vote of not less than six (6) Council members.


D.

On bid applications that may result in a contract award by the City Council, the City

shall
require a representation by bidders that the bidder is not disqualified by the application of
this policy.


E.

After contract award, but prior to the commencement of the project or the delivery of the
service or property, a determination that the bi
dder is in violation of this policy shall be
cause for terminating the contract.


EXHIBIT 6

Gener al Ter ms & Condi t i ons



By the execution and submission of this bid, bidder acknowledges that bidder has received a copy of
City Council Policy OPNS
-
04 and bidder represents and warrants that bidder

complies with the requirements of the City Council Policy OPNS
-
04 and is in no
manner disqualified from doing business with the City under that policy.

EXHIBIT 6

Gener al Ter ms & Condi t i ons




CITY COUNCIL POLICY

OPNS
-
28


Business Conduct with Delinquent Accoun
t Holders and Litigants


I.

Purpose and Need for Policy


The City conducts business with its citizens and the public at
-
large. In so doing, there are instances where
the City may be asked to conduct business with those who are delinquent in their
payment(s)
to the City on various accounts or who may be involved in litigation with the
City. Examples of the types of delinquent accounts which can be substantial in nature are
impact fees, property taxes (generally person property), utility bills, EMS fees, and
d
amage claims to City property. A policy is needed to ensure that the City does not
conduct business with those individuals.


II.

Policy


It is the policy of the City Council to forbid any individual or business entity to conduct business with the
City if such

person(s) currently owe(s) the City money which is past due or delinquent on
property taxes, impact fees, utility bills, Municipal Court fees, EMS fees, or damage
claims to City property. Unless prohibited by law, it shall further be the policy of the
Ci
ty Council to forbid any individual or business entity who files meritless litigation
against the City from conducting business with the City.


III.

Procedure to Accomplish Policy


On a monthly basis, the Managing Director of Customer Services shall produce a d
elinquent accounts list
containing the names of those businesses and/or individuals who are delinquent in paying
the City for property taxes, impact fees, utility bills, EMS fees, or damage claims. Copies
of the delinquent tax history shall be distributed

to the City Manager’s office, Purchasing,
Engineering, Planning, and Building Inspection Departments. The delinquent accounts
list relating to impact fees, utility bills, EMS fees, and/or damage claims shall be housed
in the Customer Service Department.

These lists will be available to the City Manager,
Assistant City Manager’s, and other departments upon request, to be checked prior to
permit issuance or other conduct of business by the City with any business or individual.
The City will not do busines
s with any business or individual until the delinquent account
is paid in full. The City shall not award any contracts for services and/or goods to any
business, firm, and/or individual(s) who are delinquent or have demonstrated that they are
not the most

responsible bidder.


IV.

Responsibility and Authority


1.

The Managing Director of Customer Service shall be responsible for producing

and distributing a delinquent accounts list containing names of businesses and/or individuals who are
delinquent in paying the
ir property taxes, impact fees, utility bills, EMS fees, or damage
claims to the City.


2.

The Purchasing Manager shall be responsible for the reporting and removal of

any bids submitted by any business(es), firm(s), and/or individual(s) who are delinquent i
n payment(s) of
their utility bills, EMS fees, property taxes, impact fees, or have damage claims to the
City.


3.

The City Manager is responsible to ensure that this policy is upheld and that the



Council is kept abreast of its effectiveness.


EXHIBIT 6

Gener al Ter ms & Condi t i ons



By the ex
ecution and submission of this bid, bidder acknowledges that bidder has received a copy of
City Council Policy OPNS
-
28 and bidder represents and warrants that bidder
complies with the requirements of the City Council Policy OPNS
-
28 and is in no
manner disq
ualified from doing business with the City under that policy.




EXHIBIT 6

Gener al Ter ms & Condi t i ons





City of Garland

INDEMNIFICATION AGREEMENT



The Contractor agrees to indemnify, hold harmless and defend the City of Garland, its officers, agents and
employees, both past and present, fr
om and against liability for any and all claims, liens, suits, demands,
and actions for damages, injuries to persons (including death), property damage (including loss of use), and
expenses, (including court costs, attorneys’ fees and other reasonable cost
s of litigation) arising out of or
resulting from Contractor’s work and activities conducted in connection with or incidental to this Contract
and from any liability arising out of or resulting from intentional acts or negligence of the Contractor,
includi
ng all such causes of action based upon common, constitutional, or statutory law, or based in whole
or in part upon the negligent or intentional acts or omissions of Contractor, including but not limited to its
officers, agents, employees, subcontractors,
licensees, invitees, and other persons.


It is the express intention of the parties hereto, both the City and the Contractor, that the
indemnity provided for in this Contract indemnifies and protects the City from the
consequences of the City’s own neglige
nce.


The Contractor further agrees that it shall at all times exercise reasonable precautions on behalf of, and be
solely responsible for, the safety of its officers, agents, employees, subcontractors, licensees, invitees and
other persons, as well as the
ir property, while in the vicinity where the work is being done. It is expressly
understood and agreed that City shall not be liable or responsible for the negligence or other fault of the
Contractor, its officers, agents, employees, subcontractors, licen
sees, invitees, or other person associated
with the Contractor.


The Contractor agrees to indemnify and save the City harmless from all claims growing out of any
demands of subcontractors, laborers, workers, mechanics, materialmen, and furnishers of suppli
es,
equipment, financing, or any other goods or services, tangible or intangible. When the City so desires, the
Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have
been paid discharged or waived.


INDEPENDENT CONTRACTOR


Contractor acknowledges that Contractor is an independent contractor of the City and that Contractor is not
an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or
through imp
lication, that Contractor is an employee, agent, official or representative of the City. Any
income taxes, self
-
employment taxes, social security taxes and the like are the sole responsibility of the
Contractor.


Nothing contained in this Contract shall b
e deemed or construed by the parties hereto or by any third party
to create the relationship of principal and agent or of partnership or of joint venture or of any association
whatsoever between the parties, it being expressly understood and agreed that no

provision contained in
this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between
the parties other that the relationship of independent parties contracting with each other solely for the
purpose of effecti
ng the provisions of this Contract.


I understand that the indemnification and Independent Contractor provisions are requirement of all City of
Garland Contracts. I have read the provisions agree to the terms of these provisions.




EXHIBIT 6

Gener al Ter ms & Condi t i ons



______________________
_______________

C
OMPANY
N
AME

_________________________________

T
ITLE





_____________________________________

S
IGNATURE

_________________________________

D
ATE









































EXHIBIT 6

Gener al Ter ms & Condi t i ons



PERFORMANCE BOND


STATE OF TEXAS



COUNTY OF DALLAS




WHEREAS
, ________________________________________

as principal ("Contractor") and
___________________________________________________________________________, a
corporation organized under the laws of _____________________________________ and being
du
ly authorized to do business in the State of Texas, as surety ("Surety")(whether one or more),
do hereby expressly acknowledge themselves to he held and bound to pay to the City of Garland,
Texas, a home
-
rule municipality organized and operating under the
Constitution and laws of the
State of Texas (the "City"), its successors and assigns, and to all persons, firms, subcontractors
and corporations who may furnish materials or labor under the contract as more fully described
below, the sum of _______________
________________________ Dollars in the lawful currency
of the United States of America ($ _________________ ) for the payment of which Contractor
and Surety are liable to the City, jointly and severally; and


WHEREAS
, Contractor has this day entered into
a written contract with the City to build and
construct:


Name of Project


which contract and the plans and specifications therein mentioned (collectively
referred to hereinafter as the "Contract") are hereby expressly incorporated into
and made a part her
eof as though set forth at length; and


WHEREAS
, this bond is given pursuant to Chapter 2253 of the Texas Government Code;


NOW, THEREFORE
, if Contractor shall well, truly and faithfully perform all of the
undertakings, duties, terms, conditions and agreem
ents of the Contract; shall satisfy all claims and
demands incurred under the Contract; shall fully indemnify and hold the City harmless; shall
reimburse and repay the City for any outlay or expense which the City may incur in making good
any default, and
shall promptly make payment to all persons, firms, subcontractors and
corporations who may furnish materials or labor under the Contract, then this obligation shall be
void; otherwise to remain in full force and effect. The obligations of Contractor and S
urety under
this bond apply both to the original Contract and to any extension or modification of the Contract
and Surety agrees that no change, extension of time, addition, expansion or other modification of
the Contract, the work to be done under the Con
tract, or the plans and specifications which are a
part of the Contract shall in any manner affect the obligations of Surety under this bond, and
Surety waives notice of any such change, extension of time, addition, expansion or other
modification. The ob
ligations of Contractor and Surety under this bond are performable and
payable in Dallas

EXHIBIT 6

Gener al Ter ms & Condi t i ons



County, Texas such that exclusive venue for any legal action pertaining to this bond shall lie in
Dallas County, Texas. By their signatures below, the persons signi
ng this bond warrant and
represent that they are, respectively, duly authorized to sign on behalf of Contractor and Surety.


EXECUTED

this the _____ day of _______________, 2___.


CONTRACTOR:

SURETY:


By:________________________________

Title:____________
___________________



By:___________________________________

Title:__________________________________



ACKNOWLEDGMENTS


[Contractor]


STATE OF TEXAS



COUNTY OF⁄ALLAS



Before me _____________________________________________________(insert the name of
t
he officer) on this day _______________ personally appeared ___________________________
known to me (or proved to me on the oath of ________________________) or through
____________________ (description of identity card or other document) to be the person
whose
name is subscribed to the forgoing instrument and acknowledged to me that he/she executed the
same for the purpose and consideration therein expressed.


Given under my hand and seal of office this ___________ day of ________________, 2______.



_____
_______________________________

Notary Public in and for the State of Texas

My Commission Expires:___________________



________________________________________

Typed or Printed Name of Notary



[Surety]

STATE OF TEXAS



COUNTY OF DALLAS



This instrument

was acknowledged before me on the ____day of ________________, 2___
by ______________________________ who is the _________________________ of the
Surety, on behalf of Surety.


GIVEN UNDER MY HAND AND SEAL OF OFFICE

this the ____ day of ______________,
2__
_.


_____________________________________

Notary Public in and for the State of Texas

My Commission Expires:_________________



_________________________________________

Typed or Printed Name of Notary



EXHIBIT 6

Gener al Ter ms & Condi t i ons




DELIVERY WILL BE F.O.B. CITY OF GARLAN
D.


ALL TRANSPORTATION
CHARGES PAID BY THE SUPPLIER TO DESTINATION.

PROMPT PAYMENT DISCOUNT
% FOR PAYMENT MADE WITHIN
DAYS OF ACCEPTANCE OF GOODS OR SERVICES.

PAYMENT TERMS:


Net 30.


I
f PROMPT PAYMENTS are not offered or accepted,
payments shall be made 30 days after receipt and acceptance of goods or services or
after the date of receipt of the invoice, whichever is later.

DELIVERY TO BE SPECIFIED IN CALENDAR DAYS FROM DATE OF ORDER.



PRICES QUOTED SHALL REMAIN FIRM AND IRREVOCABLE FOR A PERIOD
OF
DAYS.

We
DO NOT

take exception to the Bid specifications.

We
TAKE

exception to the Bid specifications (explain):



Would bidder be willing to allow other local governmental entities to participate in this
contract, if awarded, under the same Terms and Conditions?
YES


NO

The City of Garland reserves the right to reject any and/or all bids.

The City shall at time of issuance of this agreement, by 30 day written notice, have the
absolute righ
t to terminate this agreement for cause or for convenience.


Cause shall be
the vendor's refusal to perform any provision of the work or failure to meet
specifications, quantity or quality of work performed within the time specified by this
agreement. In s
uch case, the vendor shall be liable for any damage suffered by the City.


However, the vendor shall not be held responsible for failure to perform if such failure
is caused by acts of God, acts of the public enemy, acts of the governments, provided
the ve
ndor notifies the City within 30 days after such cause occurs.


If the agreement is
terminated by the City for convenience, the vendor has no further obligation under the
agreement.


Payment shall be made to cover the cost of material/work in progress or
"
cosigned to the City as of the effective date of termination.

EXHIBIT 6

Gener al Ter ms & Condi t i ons



Bidder agrees to comply with all conditions of this sheet and additional terms,
conditions and specifications as pertains to this bid process.


The undersigned hereby
offers to furnish and deliv
er the articles or services as specified at the prices and terms
herein stated and in strict accordance with the specifications and general conditions of
bidding, all of which are made part of this offer.


This offer is not subject to withdrawal
after awar
d is made.


Bidder guarantees product offered will meet or exceed
specifications identified in this bid request.

Signatory certifies no change has been made whatsoever to the content of this document
as provided by the City of Garland

Name of Business:

Business Address:


City / State / Zip Code:

Phone:

Fax:

Authorized (Name):

Signature:

E
-
Mail Address:

FEDERAL ID #:



Date:

Are you a member of the North Texas Regional Certification Agency
?



Yes


No

Please state North Central Texas Regional Certification Number:

EXHIBIT 6

Gener al Ter ms & Condi t i ons





N/A


Number:



Quotations

will not be considered unless quoted F.O.B. delivered, City of Garland,
Texas.


For special delivery of bids, our physical address is:


200 N. Fifth Street, Garland, TX


75040.


The City of Garland will award to the lowest responsible bidder or to the bid
der who
provides goods or services at the best value for the City.

No employee shall have a direct or indirect financial interest in any contract with the
City, or be directly or indirectly financially interested in the sale of land, materials,
supplies or

services to the City.


ELECTRONIC BIDS
: The City of Garland uses RFP Depot to distribute and receive
bids and proposals. There will be
NO COST

to the vendor for
standard

bids or
proposals. For
Cooperative Bids and Reverse Auctions ONLY,

the
successful

Vendor (s) agree to pay to RFP Depot a transaction fee on one percent (1%) of the total
awarded amount of all contracts for goods and/or services. Cooperative Bids and
Reverse Auctions will be clearly marked on the bid documents. To assure that all
Vendo
rs are treated equally, the fee will be payable whether the bid/proposal is
submitted electronically, or by paper means. Refer to
www.rfpdepot.com

for further
information.

VENDOR RESPONSIBILITY It is the vendors re
sponsibility to check for any addenda
or questions and answers that might have been issued before bid closing date and time.


Acknowledgement of Addenda:


#1


#2


#3


#4


#5



Is Bid Bond attached if applicable?


Yes


No

Please

supply Remit To Address, if different than your physical address:



REMIT TO ADDRESS: