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HomeMy WebLinkAboutRES 121206-N - Electronic Bid or ProposalRESOLUTION NO. / ca / a O/o - N A Resolution of the City Council of the City of Georgetown, Texas Approving Rules to Ensure the Identification, Security, and Confidentiality of Electronic Bids or Proposals and to Ensure that the Electronic Bids or Proposals Remain Effectively Unopened until the Proper Time; Repealing Conflicting Resolutions and Ordinances; Providing a Severability Clause; and Providing an Effective Date. WHEREAS; the City of Georgetown is a Texas Home Rule Municipal Corporation; and WHEREAS, the City desires to engage in the business of development, marketing, and support of Internet based software and to acquire bid tracking software which will enable the City of Georgetown to create, issue and receive electronic Request for Quotations, Request for Proposals and Invitations to Bid; and WHEREAS, The Tex. Local Gov. Code 252, provides, in relevant part, as follows: § 252.0415 Procedures for Electronic Bids or Proposals (a) A municipality may receive bids or proposals under this chapter through electronic transmission if the governing body of the municipality adopts rules to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time (b) Notwithstanding any other provision of this chapter, an electronic bid or proposal is not required to be sealed. A provision of this chapter that applies to a sealed bid or proposal applies to a bid or proposal received through electronic transmission in accordance with the rules adopted under Subsection (a). WHEREAS the City of Georgetown desires to receive bids through electronic transmission; and WHEREAS; the City of Georgetown has reviewed the benefits of participating in this program and based on this review has concluded the program will provide the best value to taxpayers of this municipality through the anticipated savings to be realized. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Georgetown, Texas as follows: _ Resolution No. l & / Q. No Procedures for Electronic Bids or Proposals Pave 1 of 6 Section 1: The City Council finds and declares that the foregoing recitals are true and correct and are incorporated herein by reference for all purposes, and that the adoption of this Resolution is in conformance with the following Century Plan Policy Statements: 13.0 All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided. 15.0 The City manages its resources in a sound and fiscally conservative manner. Section 2. The "Terms and Conditions" attached hereto as Exhibit A are hereby adopted as rules and procedures of the City to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time. Section 3: The City's Director of Finance and Administration is hereby directed to publish the attached "Terms and Conditions" on the City's website and to make copies of same available to all vendors. Section 4: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Resolution are hereby repealed, and are no longer of any force and effect. Scoction 5. ff any provision of this Resolution or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable. Section 6. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. Section. 7: This Resolution shall become effective immediately upon its passage. RESOLVED on the /FRfA day of Ai MST: Sandra D. Lee City Secretary APPROVED AS TO FORM: �lricc�CF'it-- Patricia C'arls, City Attorney THE CITY OF GEORGETOWN: By: r ary Nelon Mayor Resolution No. 12 /2 0(0 -A/ Procedures for Electronic Bids or Proposals Pave. 2 of 6 TERMS AND CONDITIONS FOR ELECTRONIC SUBMITTAL OF BIDS AND PROPOSALS TO THE CITY OF GEORGETOWN, TEXAS City of Georgetown, Texas herein after referred to as "City" Web Site Application Terms and Conditions of Access and Use: Only individuals with the authority to accept this agreement and abide by its Terms and Conditions should register. Registering with the online bidding web site alone does not constitute acceptance as an approved supplier for future bidding notifications. In order to use this site, your browser must support JavaScript. For best results, we recommend Internet Explorer 6.x or greater (PC) and Safari 1.2 or greater (Apple OS X). Use of Pop -Up Blocking Software: User agrees to disable pop-up blocking software when accessing and using this site. AOL USERS SHOULD USE THE RECOMMENDED BROWSER (above) AND NOT USE AOL'S STANDARD BROWSER. Use of Spam Filters: User agrees to enable the delivery and acceptance of all email coming from the City. Using the City's Online Sourcing Web Site Application: The City's online sourcing application is powered by software provided by Ion Wave Technologies, Inc. (IWT) http:tlwwwAonwave.net. The terms and conditions of use herein represent the terms and conditions of use of the City and IWT as a designated agent. The following terms and conditions apply to your use of any part of this online bidding system (herein referred to as "web site") each time that you use it. By registering as a supplier, you accept and agree to be bound by these terms and conditions. The following terms and conditions are not the City's Bid Terms and Conditions. Bid Terms and Conditions will be included within the application and attached to each bid opportunity. Registration Obligations: The City is not responsible for and accepts no liability for any technical problems that result from using this Web site application. In consideration of your use of the web site, you agree to provide true, accurate, current and complete information about your organization. If you provide any information that is untrue, inaccurate, not current or is incomplete, or the City has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the City has the right to suspend or terminate your account and refuse any and all current or future use of the web site (or any portion thereof). Suppliers are responsible for keeping their information current on this web site. Suppliers are encouraged to utilize an email address or set up multiple email accounts that are regularly read to insure that incoming mail notices are read on a regular basis. Amending This Agreement: From time to time the City may make changes to this agreement. The City reserves the nght to amend the provisions of this agreement at any time by posting these amendments on this web site The amended agreement shaft become effective immediately, and it is your responsibility to monitor this site for notices of such amendments. Eligibility: The web site is available only to the City, its designated agents, and properly registered suppliers who desire to, have entered into, or are choosing to enter into legally binding contracts with the City under Resolution No. / 2. / Z OC, _ %V Exhibit "A" Terms and Conditions for Procedures for Electronic Bids or Proposals Pave3of6 9 applicable law for legitimate business purposes as further limited below with an email address and one of the browsers specified above. If the supplier does not qualify under the foregoing, supplier may not use the City's online sourcing system Nature of Site: - Venue Only. The web site acts as an electronic marketplace for the City, its component and registered suppliers. - The City's online bidding application utilizes the Internet and the World Wide Web which is comprised of systems that are completely out of the City's control including but not limited to: the City, its agents, and registered suppliers' respective Internet service providers. The City and its agents are not responsible for Internet outages, hardware failures, software failures, downtime, acts of God, power failures and or user errors. All bids must be submitted before the due date regardless of your organization's ability to submit bids online It is the suppliers' responsibility to ensure that bid documents amve before the due date and time. - The City reserves the right to extend bid due dates and times, issue bid addenda, or cancel and reissue bid opportunities when the City determines the act to be in the best interest of the City, its agents, its component and registered suppliers. - Server Time. The City's Online Sourcing Application Server Time is imbedded within the application. The Server Time is The City's Official Time Clock for all sourcing opportunities. No other time clock, regardless of reputation, will be considered. - Server Time Display. The current server time is displayed within the user's browser. Supplier acknowledges that various Internet browsers may not accurately display the Server Time on the screen. Due to various browser and operating system configurations some Internet browsers may display the server time several seconds behind the actual server time. - Time Zone Setting. The City's Online Sourcing Application includes capabilities for suppliers to see the Server Time in the supplier's native time zone. It is the suppliers' responsibility to adequately set the proper Time Zone Setting for your company and web site users. - Electronic Signature (Digital Signature). Supplier acknowledges that the user identification and password serves as their unique electronic signature for all bid responses and submissions. - Bid/Proposal Award Notifications - City will furnish the successful bidder/offeror with a formal Purchase Order. In no case shall delivery or fulfillment be made to any ration without a Purchase Order number and prior approval of the Office of Purchasing. BE ADVISED THAT A PURCHASE ORDER OR CONTRACT IS REQUIRED PRIOR TO THE DELIVERY OF ANY GOODS AND/OR SERVICES. IF YOU PROVIDE GOODS AND/OR SERVICES FOR THE CITY WITHOUT A PURCHASE ORDER OR CONTRACT FROM THE PURCHASING DEPARTMENT, YOU DO SO AT YOUR OWN RISK AND HAVE NO ASSURANCE OF PAYMENT. - Supplier registration does not constitute a commitment by the City or imply your guaranteed participation in all bids/proposals within your registered commodity Waiver and Indemnification: In no event will the City or its agents be liable for any consequential, special, or punitive damages. In addition, you will indemnify defend and hold the City and/or its designated agents harmless from any and all loss, cost damage, claims, or demands of any kind or nature whatever that arise in any way out of your use of the online sourcing application web site, including, but not limited to, products liability claims. Resolution No ) 2 / 2 047 -Al Exhibit "A" Terms and Conditions for Procedures for Electronic Bids or Proposals Pare 4 of 6 Supplier's Information: Supplier's information includes any information Supplier provides to the City during the use of the web site. With respect to Supplier's Information: 1 Supplier is solely responsible for Supplier's Information, and web site acts as a passive conduit for Supplier's online distribution and publication of Supplier's information. However, the City may take any action with respect to such information the City deems necessary or appropriate in the City's sole discretion if the City believes it may create liability for, or toss to, the City, its agents or other suppliers, or may cause the City to lose (in whole or in part) the services of the City's ISPs (Internet Service Provider's) or other suppliers. 2 Supplier's information and Supplier's products and/or services listed in a submitted bid or for sale on the web site: (a) shall not be false, inaccurate, or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation of any jurisdiction (including without limitation those governing export control, consumer protection, unfair competition, anti -discrimination, or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (f) shall not contain pornography or otherwise be harmful to minors; (g) shall not contain any viruses or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (h) shall not include, illegal weapons, or explosives; any illegal drugs or drug paraphernalia; and (i) shall not link directly or indirectly to or include descriptions of products or services: (1) that are prohibited under these Terms and Conditions of Use or the fruits of such prohibited products or services, or (2) to which Supplier does not have a right to link or include. Furthermore, Supplier may not post on the web site or sell through the web site any product or service that could cause the City to violate any applicable law, statute, ordinance, or regulation of any jurisdiction. 3 Supplier's information is to be used by the City so that the City is not violating any rights Supplier might have in that information. Links to Third Party Sites: The City's online sourcing web site may contain (inks to third -party websites that are not under the control or operation of the City. The City provides any such links only as a convenience and does not endorse and is not responsible for the contents of any finked site or any site linked to from a Linked site Copyright: The online bidding software is copyrighted and protected by United States copynght taws. IWT is the exclusive owner, authorized licensor, or licensee of any and all copyrights, trademarks, service marks, and any other intellectual property right in the software. Supplier may print and download portions of the materials contained on the web site for Supplier's non-commercial use provided Supplier maintains the copyright notice and any other notices that appear on any such copies. Any other copying, redistribution, publication, or retransmission of any portion of the materials on the web site is strictly prohibited without the express written permission of IWT. Resolution No /Z /Z©O « 4' Exhibit "A" Terms and Conditions for Procedures for Electronic Bids or Proposals Pao P.ri of 6 CERTIFICATION I certify the foregoing is a true and correct copy of the Resolution duly adopted by the City Council of the City of Georgetown on the 12th day of December, 2006. By: te <,'-- Sandra D. Lee City Secretary City of Georgetown, Texas Date: / /Z• _ O Resolution No JZl2 D(a ' N Exhibit "A" Terms and Conditions for Procedures for Electronic Bids or Proposals Page 6of6