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Item 4ECity of Southlake, Texas MEMORANDUM November 19, 2007 TO: Shana Yelverton, City Manager FROM: Steve Polasek, Director of Community Services SUBJECT: Award of bid to Crowley Sports Officials in the amount of $100,130 for sports officiating and scorekeeping services Action Requested: Award of bid to Crowley Sports Officials in the amount of $100,130 for sports officiating and scorekeeping services. Background Information: On Friday, November 9, 2007, the City opened sealed bids for sports officiating and scorekeeping services. The advertisements ran on Sunday, October 21, 2007 and Monday, October 29, 2007. Staff conducted the bid process in compliance with applicable laws and procedures. One bid of $100,130 was submitted by Crowley Sports Officials. The previous contract amount was $76,734 which is a difference of $23,396. The difference in cost is a result of an increase in the numbers of games from the previous contract. The cost per official is relatively the same with the exception of Basketball 6 & under and Basketball 8 & under which decreased by $17 and $2 per game respectively. The decrease in cost for Basketball 6 & under was a result of going from two officials per game to one official per game. Youth Volleyball and Flag Football increased by $2 per game. A review of costs per game over the last three years and the proposed 2008 costs are listed below. Basketball 6 and Under Basketball 8 and Under Basketball 10 and Under Basketball 12 and Under Adult Basketball Youth Volleyball Flag Football Scorekeepers Assigner's Fee 2005 2006 2007 2008 Proaosed $42 $42 $42 $25 $42 $42 $42 $40 $42 $42 $42 $42 $42 $42 $42 $42 $50 $50 $50 N/A $40 $42 $42 $44 $40 $42 $42 $44 $22 $22 $22 $22 $1.75 $1.75 $1.75 $1.75 The City has worked with Crowley Sports Officials for the past six years and is comfortable with the vendor's ability to provide the sports officiating services for City programs. The City also performed a reference check receiving supportive comments for services Crowley Sports Officials provide. Shana Yelverton, City Manager November 19, 2007 Page 2 The bid is within the budgeted amount for FY 2007 -2008. At the City's option, the agreement may be renewed for four (4) additional twelve (12) month periods. Financial Considerations: Funds for this contract are included in the approved FY 2007 -08 budget. Increase in overall costs resulting from expanded number of games. Financial Impact: Participant fees pay for all cost related to this contract as program costs are offset by program revenues. Citizen Input/ Board Review: None Legal Review: Process followed State bidding procedures. Contract documents and specifications reviewed by City Attorney. Alternatives: City Council review may result in the following: • Approve as proposed • Approve with other modifications as may be proposed by the Council • Not approve Supporting Documents: Supporting documents include the following: ■ Annual Contract for Sports Officiating and Scorekeeping Services Staff Recommendation: Award of bid to Crowley Sports Officials in the amount of $100,130 for sports officiating and scorekeeping services. uthlc�a - City of Southlake REQUEST FOR BIDS Bid Reference Number: RFB0710A162RM700228 Project Title: Annual Contract for Sports Officiating and Storekeeping Services Bid Closing Date: 3:00 p.M.(CST), Friday, November 9, 2007 Shana Yelverton, City Manager November 19, 2007 Page 4 TABLE OF CONTENTS Tableof Contents ............................................................ ........... ............................... ..........................Page l Request for Bids (1) Introductions ...................................... ............................... ...........Page 2 (2) Definitions ...................................................................... ............................... ...........................Page 2 (3) General Information ....................................................... ............................... ...........................Pag 3 (4) RFB Withdrawals and /or Amendments .......................... ............................... ...........................Page 3 (5) Bid Submittal Requirements ........................................... ............................... ...........................Page 3 (6) Bid Evaluation ................................................................. ............................... ..........................Page 4 (7) Contract Award............ .................................................... ........... :................... ..........................Page 4 Appendix A — Scope of Services (1) Project Title —............. .................................................... ............................... .................... ......Page 5 (2) Scope of Services Contact ............................................,.. ............................... ..........................Page 5 (3) Special Conditions .......................................................... ............................... ...........................Page 5 (4) Bid Evaluation Factors ................................................... ............................... ...........................Page 5 (5) Brand Manufacture Reference........................................ ............................... ...........................Page 5 (6) Ivey Events Schedul e ............. ........ .... ........... ..... ... Page 5 (7) Scope of Services ............................................................ ............................... ...........................Page 5 Appendix B — Bid ( -) Label Format for Submittal Packet's Sealed Envelope .. ............................... ..........................Page 12 I. Required Bid Infonnation: (1) Proposed Products and/or Services.....: ......................... ............................... .................. -........Page 13 (2) Cost of Proposed Products and Services .................................................. ............................... Page 13 (3) Option to Extend ........................................................... ............................... ...........................Page 14 (4) Bidder's Experience I Staff ........................................... ............................... ........................... Page 14 (5) References ..................................................................... ............................... .......................... Page 15 (6) Federal, State and /or Local Identification Information ......., _ _ .............. ............................... Page 16 (7) Cooperative Governmental Purchasing Notice.._ ....... ............................... ..........................Page 160 H. Contract Terms and Conditions: (1) Delivery of Products and /of Services ............................. ............... ......................................... Page 16 (2) Miscellaneous ....... .... ..................................................... :............ ........... ................... ........ :..... Page 17 (3) Financial Responsibility Provisions .............................. .............. ................. .......................... Page 17 Appendix C — Conflict of Interest Questionnaire ................ ............................... ..........................Page 19 Appendix D — Request for Taxpayer Identification Number and Certification (W -4) .............. Page 20 Appendix E — No Intent to Submit Form .................................... ............................... ............. ... .... Page 21 Cory ofSoatklake - RFB0710A162RA?700228 Page 1 of 21 Shana Yelverton, City Manager November 19, 2007 Page 5 Southlake, Texas Request for Bids 1. introduction A. Project Overview The City of Southlake is requesting Bids with the intent of awarding a contract for the purchase of goods and services contained in Appendix A — Scope of Services. B. Questions: Following are contacts for questions as identified. i. RFB Clarifications All questions related to requirements or processes of this RFB should be submitted in writing to the Purchasing Agent identified in section 2 below. ii. Scone of Service Questions All questions related to the scope of services should be submitted in writing to the contact person(s) noted in Appendix A — Scope of Services. iii.Re lies: Responses to inquiries which directly affect an interpretation or effect a change to this RFB will be issued in writing by addendum and mailed to all parties recorded by City as having received a copy of the RFB, All such addenda issued by City prior to the submittal deadline shall be considered part of the RFB. City shall not be. bound by any reply to an inquiry unless such reply is made by such formal written addendum. iv. Acknowledgement of Addenda: The Bidder must acknowledge all addenda by signing and returning such document(s) or by initialing appropriate area of the Bid document. C. Notification of Errors or Omissions Bidders shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFB. The City sball not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous. D. Conflict of Interest Questionnaire Form CJ Q) : A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government. Code, Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Appendix C. The form must be filed with the City Secretary no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to any potential agreement with the City. 2. Definitions Bid. Document The signed and executed submittal of the entirety of Appendix B -- Bid Document, Bidder The Bidder and the Bidder's designated contact signing the first page of the Bid Document. City of Southlake ( "City ") : The City of Southlake; Texas. City Seuretw3!'s Office The office of the City Secretary of the City, located at 1400 Main Street, Suite 4270, Southlake, Texas 76092. PH: (817) 748 -8016; Fax: (817) 748 -8270. Project The name of this Request for Bids as identified on the cover sheet and first page of the Request for Bids herein. Ch , of Southlake RF80710AI62RM700228 Page 2 of 21 Shana Yelverton, City Manager November 19, 2007 Page 6 Purchasing Agent The City of Sout111ake Purchasing Agent is Deborah Russell, PH: (817) 748 -8940, E -Mail: drusselKk;ci.southlake,tx.us Fax (817) 748 -8048. Request for Bids (RFB) The entirety of this document, including all Appendices and Addenda. Scone of Services The entirety of Appendix A — Scope of Services. 3. General Information A. Tax Exempt Status City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Bid. City will furnish Excise Tax Exemption Certificate upon request. Public Inspection of Bids The City strictly adheres to the Texas Public hifonnation Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFB information. Bid Documents are not available for public inspection until after the contract award. If the Bidder has notified the City, in writing, that the Bid Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Infonnation Act, This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. 4. RFB Withdrawals and /or Amendments A. RFB Withdrawal The City reserves the right to withdraw this RFB for any reason. B. RFB Amendments The City reserves the right to amend any aspect of this RFB by formal written Addendum prior to the Bid submittal deadline and will endeavor to notify all potential Bidders that have registered in accordance with Section I.0 herein, but failure to notify shall impose no obligation or liability on the City. 5. Bid Submittal Requirements A. Submittal Packet — Required Content Bidder must submit one (1) signed original Bid Document and five (5) copies. This submittal packet shall be, submitted in a sealed envelope with a completely signed and executed page B -I affixed to the outside of the envelope. B. Submittal Deadline The deadline for submittal of Bids shall be as identified on page 12 of Appendix B -Bid. It is the Bidder's responsibility to have the Bid correctly marked and delivered to the City Secretary's Office by the submittal deadline. No extensions will be granted and late no late bids will be accepted. C. Bids Received Late Bidders are encouraged to submit their bids as soon as possible. The time and date of receipt as recorded in the City Secretary's Office shall be the official time of receipt, The City is not responsible for late delivery of mail or other carrier. Late Bids will not be considered under any circumstances. D. Alterations or Withdrawals of Bid Document Any submitted Bid may be withdrawn or a revised bid substituted if a written notice is submitted to the City Secretary prior to the submittal deadline. Any interlineations, alteration, erasure or other amendment made before the submittal deadline must be signed or initialed by the Bidder or the Bidders authorized agent, guaranteeing authenticity. Bid Documents cannot be altered, amended or withdrawn by the Bidder after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Agent. City of South lake RFB0710A162RM700228 Page 3 of 21 Shana Yelverton, City Manager November 19, 2007 Page 7 Shana Yelverton, City Manager November 19, 2007 Page 8 E. Bid Document Format All Bid Documents must be prepared in single-space type, on standard 8- 1 /2" a 11" vertically oriented pages, using one side of the paper only. Pages shall be numbered at the bottom. Entries shall be typed, or legibly written in ink. Any other format (via telephone, fax, email, etc.) may be rejected by the City at its discretion. F. Validity Period Once the submittal deadline has passed, any Bid Document shall constitute an irrevocable bid to provide the commodities and/or services set forth in the Scope of Services at the price(s) shown in the Bid Document on the terns set forth in the Bid Document, such bid to be irrevocable until the earlier of the expiration of ninety (90) days from the submittal deadline, or until a contract has been awarded by the City. 6. Bid Evaluation and Contract Award A. Bid Evaluation and Contract Award Process An award of a contract to provide the goods or services specified herein will be made using competitive sealed Bids, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. Bid Doctunents will be opened publicly. The City will evaluate Bids using the best value method. A variety of factors may be used in the evaluation of the submitted Bids for this project. The anticipated evaluation factors and emphasis placed on each factor may be as identified in the Scope of Services, City reserves the right to determine which Bid provides the City with the best value and which will be in the City's best interest. B. Completeness If the Bid Document is incomplete or otherwise fails to conform to the requirements of the RFB, City alone will determine whether the variance is so significant as to render the Bid non - responsive, or whether the variance may be cured by the Bidder or waived by the City, such that the Bid may be considered for award. C. Ambiguity Any ambiguity in the Bid Document as a result of omission, error, lack of clarity or non - compliance by the Bidder with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFB requirements and details provided in Appendix A — Scope of Services or Appendix B — Bid, the Appendices shall prevail. D. Unit Prices and Ext ensions: If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Bidder will be bound thereby. E. Additional Information City may request any other information necessary to determine Bidder's ability to meet the minimum standards required by this RFB. F. Partial Contract Award City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Bidders based on the unit prices proposed in response to this request, or to reject any and all Bids and re- solicit for Bids, as deemed to be in the best interest of City. Cite of Southlake RFB0710A162R111700228 Page 4 of 2l Shana Yelverton, City Manager November 19, 2007 Page 9 Appendix A Scope of Services 1. Project Title; ANNUAL CONTRACT FOR SPORTS OFFICIATING AND SCOREKEEPING SERVICES 2. Scope of Services Contact Questions about the technical nature of the Scope of Services, etc. may be directed to Ryan McGrail P14. 817. 748. 8024, e-mail: rmegrail@ci.southlake.tx.us. 3. Special Conditions The following special conditions shall prevail over areas of conflict in previous pages: NIA 4. Bid Evaluation Factors Em basis Factor 40% Submitted Bid Pricing 60% References 5. Brand Manufacture Reference N/A 6. Key Events Schedule Scaled Bids Due to and Opened by City* Shown on First Page of this RFB Anticipated Award Date December, 2007 7. Scope of Services 7.1 Introduction: It is the intent of the City of Southlake to establish a contract for sports officiating for Youth Basketball (ages 6 -16), Youth Volleyball (ages 8 -16), and Flag Football (ages 6 -12). Scorekeeping for Youth Volleyball (ages 8 -16) and Youth Basketball (ages 6 -16). The games will require 2 officials and 2 scorekeepers (must be 16 years or older) per game with simultaneous coverage at designated sites. Failure to meet this schedule, except when approved in advance by the City of Southlake, shall be deemed a violation of the officiating association's contract and may result in termination of the contract. Officiating association will not be held accountable for acts of God or other situations clearly outside the vendor's control. 7.1.a. Special Terns for Officiating and Scorekeeping Associations at all City of Southlake (hereinafter "City") Sporting Events: 7.1.b. The officiating association shall have officials /scorekeepers at designated game site fifteen (IS) minutes before the scheduled start of game. All officials /scorekeepers must check in with City Staff and sign in on the City's game score sheet. 7.1.c. The City shall not be held responsible for any accident or injury sustained by the association's officials /scorekeepers, Ch.) of'Soudlilake - RFB0710A162RM700228 Page 5 of 2I Shana Yelverton, City Manager November 19, 2007 Page 10 7.1.d. City representatives shall have the right to evaluate, and refuse the service of any official/scorekeeper provided by the association. The results of the evaluations will be shared with the association. 7.1.e. City staff may add or delete games or leagues. Any additional games or leagues will be at the contracted price. The association understands actual number and times for games are contingent on number of teams registered. The City will give notification of leagues registration status when completed. 7.1.f. The association will instruct all officials /scorekeepers to cooperate with assigned City staff in any incident/injury situations. Officials /scorekeepers will provide any /all information necessary for proper documentation by City staff. Association will provide the City with names and contact phone numbers for all officials /scorekeepers working City sponsored leagues, upon request, staff may be required to contact officials /scorekeepers in regard to incident[injury situations. 7.1.g. Association is required to have a representative present at all. organization mectings which are held prior to the season. 7.1.h. hi the case of a protested game, where the protest is upheld, the gaure shall be replayed from the point of protest. In accordance with league rules, the official will officiate /score keep the game at no charge to the City. 7.1.i. Cancellations /Forfeited Games: The City shall endeavor to provide the association with one (1) hour advance notice of any cancelled game. When this one (1) hour advance notification is provided there shall be no fees or other penalties paid for cancelled officiating /storekeeping scrvices. 7.1.j. If the City fails to provide the association with this minimum one (1) hour advanced notification of cancellation, the City shall pay the association a sum equal, to the contracted rate for one game only. No penalty paid for cancellation of game play can be greater than the total contracted fees paid for providing officiating /storekeeping services at one (1) game. 7.1.k. The City shall pay the established contracted rate for each forfeited game when the association has not been provided a minimum of one (1) hour advanced notice_. Should the City provide this one (1) hour advance notice to the association that scheduled services would not be required there shall no payment for officiating/scorekeeping services. 7.1.1. if it is possible to reschedule the play of games as to avoid lost time or revenue by the association; this action will be taken. Should this action result in continuous offeiating/scorekeeping services provided throughout the course of scheduled play with the exception of the last scheduled game not played, no penalty or other fees shall be paid to the association. 7.1.m. The officiating association shall have officials attired in proper unifonn. The association and its officials /scorekeepers will at all times conduct themselves in a proper, acceptable and professional manner. If the behavior, dress, and /or performance of the association member do not meet the City's standards of professionalism, the City may dismiss the official/scorekeeper without penalty, and with no fee due to association for the games thereby un- officiated. City ofsouthlake - RFB0710AI62RM700228 Page 6 of 21 Shana Yelverton, City Manager November 19, 2007 Page 11 7,1.n. The officiating association shall submit to the City for background check, the name, birth date, social security number, and driver's license number of each employee assigned to work with or near children, and shall remove any person that the City determines unacceptable by reason of criminal history or other conduct deemed by the City to be unsuitable to be working with or near children or the public generally. 7.1.o, The officiating association shall have all officials sign and acknowledge Code of Ethics provided by City. 7.1 p. The officiating association shall charge the City for only a half game if an official arrives 15 minutes after the start of the game or later. The association will provide an emergency phone number /pager number, to provide back up officials to work as soon as possible. 7.1.q. The officiating association shall instruct officials that City of Southlake Parks and Recreation staff shall have the authority to modify league rules when deemed necessary. Staff will not change any judgment decisions already made by the association's official regarding rules. 7.2, 'Perms of Performance: 7.2.a. Project item Number One: YOUTH BASKETBALL (8U, 10U, 12U, 14U) 7.2a.i. The association will furnish two officials for all Youth Basketball games. The officiating association must be able to provide officials to cover designated facilities simultaneously. 7.2a.ii. Fall Regular Season begins December and ends in late February. Games shall be played on Saturdays, 8:00 a.m. -10:00 p.m. at designated locations. 7.2a.iii. Fall League Tournament: Games shall be played in late February, Monday — Friday, 5:00 p.m. — 9:00 pan., Saturday 8:00 a.m. — 10:00 p.m, at designated iocations. 7.2a.iv. Texas Amateur Athletic Federation (T.A.A.F.) Tournament: Games shall be played the first weekend in March, Friday 5:00 p.m. — 10:00 p.m., Saturday 8:00 a.m. — 10:00 p.m., and Sunday 8:00 a.m, — 8:00 pan. at designated locations. 7.2a.v. Sumner Season: Season begins in June and ends in late July. Games shall be played on Saturdays 8 :00 a.m. — 8:00 p.m. at designated locations. 7.2a.vi, Summer League. Tournament: Games shall be played in late July, Monday — Friday, 5:00 p.m. — 10:00 p.m., Saturday 8:00 a.m. — 8:00 p.m. at designated locations. 7.2a.vii. Schedules are projected and may be changed due to tears registration. Projected annual games will be 1,050. The number of games will be dependent on the number of teams registered. 7.2a.viii. The association shall provide officiating services at various CISD schools or other designated facilities. City of Southlake - RFBO710A162RA1700228 Page 7 of 21 Shana Yelverton, City Manager November 19, 2007 Page 12 7.2a.ix. The officiating association shall have officials tested and acknowledged competent to administer current National Federation of High Scbools and Texas Amateur Athletic Federation (T.A.A.F.) rules in conjunction with the City of Soutlnlake Parks and Recreation Department rules and regulations. 7.2.a.x. The officiating association shall provide an appropriate number of officials for designated facilities simultaneously and for approximately 1050 games annually. 7.2a.xi. Basketball games shall be played for: 24 minutes (4, 6- minute quarters for 8 years and under will also include overtime if necessary), 32 rninutes (4, 8- minute quarters plus overtime for 10 and under, 12 and under, and 14 and under). Accident, injury or weather may require a longer time for games to be played and officials will provide service for that time at no additional cost. 7.2.b Project Item Number Two: YOUTH BASKETBALL (6U) 7.2.b.i The association will furnish one official for all 6 and Under Youth Basketball games. The officiating association must be able to provide officials to cover designated facilities simultaneously. 7.2.b.ii. Fall Regular Season: Season begins December and ends in late February. Games shall be played on Saturdays 8:00 a.m. — 9:00 p.m. at designated locations. 7.2.b.iii. Schedules are projected and may be changed due to team registration. 7.2.b.iv. Projected annual games: 50 Number of annuals games dependent on number of teams registered. 7.2.b.viii. Basketball games shall be played for: 24 minutes (4, 6- minute quarters). Accident, injury or weather may require a longer time for games to be played and officials will provide service for that time at no additional cost. 7.2.e Project Item Number Three: YOUTH VOLLEYBALL 7.2.c.i. The association will furnish two officials for all Youth Volleyball games. The officiating association must be able to provide officials to cover designated facilities simultaneously. 7.2.c.ii. Fall Regular Season: Season begins in September and ends late November. Games shall be played on Saturdays from 8:00 a.m. -8:00 p.m. at designated location. 7.2.c.iii. Fall Tournament: Gaines shall be played in late November, Monday -- Friday, 5:00 p.m. — 9:00 p.m., Saturday 8:00 a.m. — 8:00 p.m, at designated locations. 7.2.c.iv. Spring Regular Season: Season begins in April and ends in late May. Games shall be played on Saturdays from 8 :00 a.m. -8:00 p.m. at designated locations. City ofSoutktake RFBO710AI62AM700228 Page 8 o €21 Shana Yelverton, City Manager November 19, 2007 Page 13 7.2.c.v. Spring Tournament: Gaines shall be played in late May, Monday -- Friday, 5:00 p.m. — 9:00 pan., Saturday 8:00 a.m. — 8:00 p.m. at designated locations. 72.c.vi. Summer Regular Season: Season begins in June and ends in late July. Games shall be played on Saturdays from 8:00 a.m. — 8:00 p.m, at designated locations. 7.2.c.vii. Summer Tournament: Gaines shall be played in late July, Monday — Friday, 5:00 p.m. — 9:00 p.m., Saturday 8:00 a.m. — 8:00 p.m. at designated locations. 7.2.c.viii. Schedules are projected and way be changed due to team registration. 7.2.c.ix. Projected mutual games: 350. Number of annuals games dependent on number of teams registered 7.2,c.x. The association shall provide officiating services at various C1SD Schools or other designate facilities. 7.2.c.xi_ The officiating association shall have officials tested and acknowledged competent to administer current National Federation of High Schools and Texas Amateur Athletic Federation (T.A.A.F.) rules in conjunction with the City of Southlake Parks and Recreation Department rules and regulations. 7.2.c.xii. The officiating association shall provide aii appropriate number of officials for designated facilities simultaneously and for approximately 350 games annually. 7.2.e.xiii. volleyball games shall consist of three (3) matches to be played for: Twenty (20) minutes or twenty -five (25) points (win by two points), which ever comes first. Accident, injury or weather may require a longer time for games to be played and officials will provide service for that time at no additional cost. 7.2.d Project Item Number Four: YOUTH FLAG FOOTBALL 7.2.d.i. The association will furnish two officials for all Youth Flag Football games. The ofciating association must be able to provide officials to cover designated facilities simultaneously. TI&ii. Fall Season: Season begins in September and ends late November. Gaines shallbe played on Saturdays from 8:00 a. n. — 8:00 p.m. at designated locations. 72_d.iii. Fall Tournament: Games shall be played in late November, Monday — Friday, 5:00 p.m. — 9 :00 p.m., Saturdays, 8:00 a.m. -8:00 p.m. at designated locations. 7.2.d.iv. Spring Season: Season begins in April and ends early June. Gaines shall be played on Saturdays from 8:00 a.m. — 8:00 p.ni. at designated locations. 7.2.d.v. Spring Tournament: Gaines shall be played in early June, Monday — Friday, 5:00 p.m. — 9:00 p.m., Saturdays, 8:00 a.m, — 8:00 p.m. at designated locations. City of Souddake RFBO710AI62RM760228 Page 9 of 21 Shana Yelverton, City Manager November 19, 2007 Page 14 7.2.d.vi. Scbedules are projected and may be changed due to team registration. 7.2.d.vii. Projected annual games; 200. Number of annual games dependent on number of teams registered. 7,2.d.viii. The officiating association shall have officials tested and acknowledged competent to administer Texas Amateur Athletic Federation (T.A.A.F.) rules in conjunction with the City of Southlake Parks and Recreation Department rules and regulations. 7.2.d.ix. The officiating association shall provide an appropriate number of officials for designated facilities simultaneously and for approximately 100 games annually. 72.d.x. Football games shall be played for; 40 minutes (two 20 minute Halves), Accident, injury or weather may require a longer time for games to be played and officials will provide service for that time at no additional cost. 7.2.e Project Item Number Five: SCOREKEEPERS (Youth Basketball and Volleyball Only) 7.2.e.i, The association will furnish two scorekeepers (must be 16 years or older) for all Youth Basketball and Volleyball games. The officiating association must be able to provide officials to cover designated facilities simultaneously. 7.2.e.ii. Regular Season.: Season begins December and ends in late February. Games shall be played on Saturdays 8:00 a.m. —10:00 pan, at designated locations. 7.2.e.iii. Fall League Tournament: Games shall be played in late February, Monday — Friday, 5:00 p.m.. — 9:00 p.m., Saturday 8:00 a.m. - 10:00 p.m. at designated locations. 7.2.e,iv. Texas Amateur Athletic Federation (T_A.A.F.) Tournament: Games shall be played the first weekend in March, Friday 5:00 p.m. — 10:00 p-m., Saturday 8:00 am. — 10:00 p.m., aid Sunday 8:00 a.m. — 8:00 p.m. at designated locations. 7.2.e.v. Summer Season: Season begins in June and ends in late July. Games shall be played on Saturdays 8:00 am. — 8:00 p.m. at designated locations. 7.2.e.vi. Summer League Tournament: Games shall be played in late July, Monday — Friday, 5:00 p.m. — 9:00 p.m., Saturday 8:00 a.m. — 8:00 p.m. at designated locations. 7.2.e.vii. Fall Regular Season: Season begins in September and ends early November. Games shall be played on Saturdays fr•on 8:00 a.m, -8:00 p.m. at designated locations. 7.2,e.viii. Fall Tournament: Games shall be played in late November, Monday — Friday, 5:00 p.m. — 9:00 p.m., Saturday 8;00 a..m. — 8:00 p.m. at designated locations. 7.2.e.ix. Spring Regular Season: Season begins in April and ends in late May. Games City ofSourblake . - RFB07I0AJ62RM700228 Page 10 of 21 Shana Yelverton, City Manager November 19, 2007 Page 15 shall be played on Saturdays from 8:00 a.m. -8:00 p.m. at designated locations. 7.2.e.x. Spring Tournament: Gaines shall be played in late May, Monday -- Friday, 5:00 p.m, — 9:00 p.m., Saturday 8:00 a.m. — 8:00 p.m. at designated locations. 7.2,e,xi_ Summer Regular Season: Season begins in June and ends in late. July. Games shall be played on Saturdays from 8 :00 a-m. — 8:00 p.m. at designated locations. 7.2,e.xii. Summer Tournament: Games shall be played in late July, Monday — Friday 5:00 p.m. — 9:00 p.m., Saturday 8:00 a.m. — 8:00 p.m. at designated locations. 7.2.e.xiii. Schedules are projected and may be changed due to team. registration. 72e.xiv. Projected annual games: 1450. Number of annuals games dependent on number of teams registered 7.2.e.xv. The association shall provide scorekeehing services at various CISD Schools or other designated facilities. 7.2.e.xvi. The officiating association shall have scorekeepers tested and acknowledged competent to administer current National Federation of High Schools and Texas Amateur Athletic Federation (T.A.A.F.) rules in conjunction with the City of Southlaka Parks and Recreation Department rules and regulations, 7.2.e.xvii. The officiating association shall provide an appropriate number of scorekeepers for designated facilities simultaneously and for approximately 1450 games annually. 7.2.e.xviii. Basketball games shall be played for: 24 minutes (4, 6- minute quarters for 6 years and under, 8 years and under will also include overtime if necessary), 32 minutes (4, 8- minute quarters plus overtime for 10 and under, 12 and under, and 16 and under). Volleyball games will consist of three (3) matches to be played for: Twenty (20) minutes or twenty -five (25) points (win by two points), which ever comes first. Accident, injury or weather may require a longer time for games to be played and officials will provide service for that time at no additional cost, 7.2.f Project Item Number Six: ASSIGNER'S FEE 7.2.f.i. Assigner's fee is awarded each time an official or scorekeeper is assigned and shows to the game. 7.21ii. Projected annual games: 3160. Number of annuals games dependent on number of teams registered. 7.2.g. Project Item Number Seven: THIRD OFFICIAL FOR CHAMPIONSHIP. PLAY 7.2.g.i. An optional third official for championship play may be requested by the City of Southlake for specific games. Ciry of Soarlxlake RFBO710AI62RM700228 Pale I 1 421 Shana Yelverton, City Manager November 19, 2007 Page 16 Appendix B — Bid Document Submittal Checklist: (To determine validity of bid) Appendix B -Bid Document (pages 12 through 1 B) must be included in the bid submittal. Appendix C- Conflict of Interest Questionnaire (page 19) must be included in the bid submittal. Appendix D- Request for Taxpayer Identification Number and Certification (page20) trust be included in the bid submittal. ❑ Newspaper Advertisement ❑ Southlake Website M Mailed Me a Copy ❑ City E -mail Notification ❑ Cold Call to City ❑ othet City ofsouthlake - RFBO710A162RAf7OO229 Page 12 of 21 I learned of this Request for Bids by the following means: Shana Yelverton, City Manager November 19, 2007 Page 17 Appendix B — Sid Document ( continued) I. REO UIRED BID INFORMATION IN ORDER FOR A BID TO BE CONSIDERED COMPLETE, AND TO BE EVALUATED FOX A CONTRACT AWARD BY THE CITY, BIDDER MUST SUBMIT ALL OF THE FOLLOWING INFORM 4TION 1. Proposed Products and /or Services A. Product or Service Description Bidders should utilize this section to describe the technical aspects, capabilities, features and options of the service or product acid /or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures, or other technical infcnnation may be used. B. Project Schedule/Delivery Date Bidder must provide a project schedule noting all projected completion dates for segments of the Project, from start-up to completion, and all delivery dates for goods covered by the RFB. The Bid Document must show the number of days required to deliver and install the product or equipment after the receipt of the City's Purchase Order. 2. Cost of Proposed Products and /or Services A. Pri cing : Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit. B. Schedule of Pricing Bidder shall quote unit pricing in accordance with the itemized listing of products or contract segments stated in the Scope of Services and using the following format: Item #r Quantity: Description of Products /Services: Unit Cost: Extended Price: i. Youth Basketball Games (Two Officials) I.a. 275 Svcs 275 (8 and Under) Games $ $ L b. 325 sues 325 (10 and Under) Games $ �z,� ea $ 1 3 , (o o d r- Le. 300 svcs 300 (32 and Under) Games $ q{ ,� ea $ j2, 466. 0 2. 50 svcs Youth Basketball (One Official) 50 (6 and Under) Games $ 5 ea — -- 3. 350 svcs Youth Volleyball -- 350 Games $ _ l , 0-9 ea $ p 4. 200 svcs Youth Flag Football -- 200 Games ea City ofSoulhlake - RFBO710AI62RA1700228 - Page 13 of2l Shana Yelverton, City Manager November 19, 2007 Page 18 Item #: Quantity: Description of Products/Services- Unit Cost: Extended Price: 5. 1,450 sves Two (2) Scorekeeper's Per Youth Basketball/Volleyball Game -1,450 D $ . ' ea $ l , 9ab,..— 6. 3,160 sves Assigner's Pee Per Game — 3,160 S. Per sves Optional Third Official For Championship Play. ` each service TOTAL ALL SERVICES: / 66 . 136 , 2 3. OPTION TO EXTEND: Effective date and term This Agreement is effective upon execution by the parties. The term of the Agreement shall commence on the date and year, and shall continue in full force and effect for a period of one (1) year from such commencement date, unless sooner terminated as herein provided. C.i. Omens It is agreed that City will have the option to extend the contract for up to four (4) additional years, in one -year intervals each commencing annually on the month and date of the original award date. To exercise this option, the City shall serve written notice not later than 30 days prior to the original one -year term or the end of any one -year extension, The Option to Extend will not be considered if funding is unavailable or if the contractor's past performance is not within the industry standard. If the City exercises its option to extend the contract, the Contractor may request an increase in pricing. In support of any such request, Contractor shall famish evidence as to the need for the increase to the City Manager, or designee. If the City Manager agrees with the increase, then the City Manager will recommend acceptance of the increase to the City Council for its approval, disapproval, or modification. In no event will the increase pursuant to this paragraph exceed an annual increase of more than four percent (4 %). 4. Bidder's Experience/ Staff A. Project Team Identify all members of the Bidder's team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Removal or Replacement of Staff if an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project. Cify of Soufhtake RFBO710AI62RM700228 Page 14 of 21 Shana Yelverton, City Manager November 19, 2007 Page 19 T4 q VA X �a 10,4 � q q 63 i Shana Yelverton, City Manager November 19, 2007 Page 20 C. Business Establishment State the number of years the Bidder's business has been established and operating. If Bidder's business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided; State the number of years experience the business has: ; and the number of employees: D. Proiect Related Ex erJence All Bids must include detailed information that details the Bidder's experience and expertise in providing the requested services that demonstrates the Bidder's ability to logically plan and complete the requested project. 5. References Bidder shall provide three (3) references where Bidder has performed similar to or the same types of services with a municipality or other such agency as described herein. Reference 91 Client / Company Name: d- V` 67 ' /} l ��_ f .[� a( ` p C dC 1 Contact Name: J Contact Title: PH: � r EM: Date and Scope of W ork Provided: Qt"f 1 Q Reference ?� Client / Company Name: Contact Name: Contact Title: PH: — 5 PH: _ EM: Date and Scope of Work Provided: 1 Reference UI— Client / Company Name: Contact Name: /�� 0 C 1 1 Contact Title: J (� PH: _ EM: Date and Scope of Work Provided: i 1 P 0 rl� 7 r� A� � A060 CityQfSoutlr[ake RFB0710A162RAI790228 Page 15 of2l Shana Yelverton, City Manager November 19, 2007 Page 21 6. Federal, State and/or Local Identification Information A. Centralized Master Bidders List registration number: B. Prime contractor 1IUB / MWBE registration number: C. An individual Bidder acting as a sole proprietor must also enter the Bidder's Social Security Number: #1 Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFB from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another govermnental entity's debts, Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFB specifications. Prior to other governmental entities placing orders, the City will notify the successful Bidder of their intent, Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. [ ] Yes, Others can purchase; [ ] No, Only the City can purchase. 11. CONTRACT TERMS AND CONDITIONS EXCEPT WHERE BIDDER )"-KES SPECIFIC EXCEPTION IN THE SUBMITTED BID, ANY CONTRACT RESULTING FROM THIS RFT WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH BIDDER HEREBY KNOWLEDGES, AND TO WHICH BIDDER AGREES BY SUBMITTING A BID: 1. Delivery of Products and/or Services A. Payment Terns Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net 30 days upon receipt of invoice. B. Warranty of Services All services performed shall be warranted to be of a good and workotnanlike quality, in addition to, and not in lieu of, any other express written warranties provided. C. Late Delivery or Performance If Bidder fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the de_ faulting Bidder, who agrees to pay such costs within ten days of invoice. D. FOB (,delivM charges) All products offered shall be FOB final destination, with all delivery charges to be prepaid by the Bidder. The City does not accept C.O.D. or collect shipments. The contract price shall include all charges, including delivery, installation and set -up fees, All packing, crating or other debris resulting from the delivery or set -up of the commodity purchased shall be removed and properly disposed by the successful Bidder at no additional cost to the City. E. Title to Goods and Risk of Loss For goods to be provided by Bidders hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order. 000 of Souddake - RFBO710AI62RM700228 Page 16 of 2l Shana Yelverton, City Manager November 19, 2007 Page 22 2. Misceilaneous E, Independent Contractor Bidder agrees that Bidder and Bidder's employees and agents have no employer - employee relationship with City. Bidder agrees that if Bidder is selected and awarded a- contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. F. Assignments The rights and duties awarded the successful Bidder shall not be assigned to another without the written consent of the Purchasing Agent. Such consent shall not relieve the assigner of liabitity in the event of default by the assignee. G. Liens Bidder shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Bidder or Bidder's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. H. Gratuities / Bribes Bidder certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Bidder, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFB or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract I. Financial Participation Bidder certifies that it has not received compensation from the City to participate in preparing the specifications or RFB on which the Bid is based and acknowledges that this contract may be terminated and /or payment withheld if this certification is inaccurate. J. Required Licenses Bidder certifies that he holds all licenses required by the State of Texas for a provider of the goods and /or services described by the Scope of Services herein. K. Authori1y to Submit Bid and Enter Contract: The person signing on behalf of Bidder certifies that the signer has authority to submit the Bid on behalf of the Bidder and to bind the Bidder to any resulting contract. L. Compliance with Applicable Law Bidder agrees that the contract will be subject to, and Bidder will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. 3. Financial Responsibility Provisions A. Insurance The Bidder, consistent with its status as an independent contractor, shall carry, acrd shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: L Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Fonn Property Damage, Personal hijury, Completed Operations /Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Fonn General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; Ciry ofsoulhlake RFB0770AI6 RM700228 - Page 17 of 2l Shana Yelverton, City Manager November 19, 2007 Page 23 iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily hrjury and Proper Damage. iv. The insurance coverages or plan shall name the City, if officials, employees and volunteers, (collectively, the `City') as an additional insured. Contractor shall furnish a certificate of insurance which shall state that the City is an additional insured under the policies or plan, that the certificate modifies the policy or plan to grant the same rights to the City as the insured, and that the obligations of the insurance carrier to the City are the same as to the insured. The certificate of insurance or other evidence of the required coverage shall be furnished with the bonds or prior to commencement of work under the contract, if no bonds are required. V. The Contractor's liability insurance policies shall contain provisions that specify that the policies are primary and will apply without consideration of other policies separately carried, and will state that each insured is provided coverage as though a separate policy had been issued to each, except that insurer's liability will not be increased beyond the amount for which the insurer would have been liable had only one insured been covered. Coverage shall be primary and non- contributory with any of the City's policies. B. Indemnification Bidder agrees to defend, indemnify and hold harmless the City, all of its officers Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Bidder or any agent, employee, subcontractor, or supplier of Bidder in the execution or performance of this contract without regard to whether such persons are under the direction of City . agents or employees. The Bidder agrees to protect and indemnify the City, all of its officers Council members, agents and employees, from all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of any alleged infringement of patents or copyrights arising from the Contractor's performance under the Contractor's Bid, including attorneys' fees and court costs. City ofSouthlahe - RFBO710AI62RM700228 Page 18 of 21 Shana Yelverton, City Manager November 19, 2007 Page 24 Shana Yelverton, City Manager November 19, 2007 Page 25 L] Appendix C - Conflict of Interest Questionnaire (CIQ) CONFLICT OF INTEREST QU'ESTIONNAI'RE FORM CIQ For venial or other person doing business with local goveftlnientat entity thFa gvestluanetre natleote chanabe made to be law by H.S. 1491, 8011 Irsg Rogular Seaslon. aOF�ICEl15ECBtgLY Thls gdtestaar—n - is being fried ira acxwrdanoe with=^..trapeex i. €B, Ln cal S3— mm.antCoda aai :, n eren by a person uxhm has a bush -.s ueladoxnshipas dafned by Section 4 -00 t(1-a) with a 3-1 glowesnmaenital entity and the pem mmasts req &— tnts under Secatiaw 170.015(a), Byfaw this .questa.dnnaire rnuslbe filed wl the seuards.administratrtragltre localgovanumrantal entity nol later than the 7ih bus day aa the date's"? person becomes awam that rc.qu i- the s agemEn€ Co be ffl d. See Section 17 BAIM, Lo -...al Cavem" —rtt Oodt k person commits an offense, [f the pare— knowiiag2y vtofatea Sisc —b- 178 -006, Locsl Govammard Code... An of —undep this�aeo ran 4.a Cl— Cnvsdeane�ar�r. i Hament persottvrho has a business retalionship w kh.le l aovernmental entity. ki ❑ Cireokthis ISdti dryoU are tiling anupdaat¢ tea previnrralyffladgl ;re5!lonhaire -. (The law requires. that you Its an updated completed questionnaire with the appropriate 11"rng avzbarity nal late, than She 711h busauess day altar the date the ma uaq tiled ques i3rana "ve bermes inoomplete or is s .ade.y s atarae or local gaverttraeltaFllmer Yrith wtenan fllellas aarl 1 ar business ralatiortslr113. iv it—. of Cffi er This —fon CAe- 3 including sutipads A� S. C & a"7. � niust be cenlpleted for each otfi -r w4i whom the fifer has ass aanployalent or r"her business r Wbareship -as de`ned by Secr3on 176.Og10-81, La,,^.al. Government Code. ,AYseh addiht.W pages to this Fermi CIG as neoassary. L Is the Incal gen ammsmd o5ioex named Sn ibis section reo- =vino or likely 1❑ reu.we taKahle income, aEher than irnr._sC., 72nt brarase, from: dhe, filer .9 the questionnaire? Yes r5� No a.. Fe tl�nn €erot lhequestlonnalre recEiving er FikE"iylo reo-rue taxatie �ame,o'her than lnu�� inmme.f�m�ar a3 L'tpe & — clicn of ffi - Lbcal youecmmienl . offjm, named in t his s.bii.. AND tin✓ taxable hourme as not reoeioad :ream the bat gruemmrrutal entity ?' . Yes F I \ Na C. ts. the files of ih'h; questi- --ii -e eanplory ed by a corporation or other business enfiy vMh uespe.^E io•. vhi li tkre don€ go,— 24td_af ter 9enre5 a6 — 4 ar dimolor. ar holds an 41 —slop of 46 percent LSr lM1llQfe'7. = `Fes. 15� H. ❑_ 6eadibe each empkmrmeni ar businesa relakianship =wish Tae. local govemmen€ aYicer named in this secblan. S MCI SI 344, cal bu5tneafi alPrhE ga. =: ar:2al E'IIII,t'F Ao,'',ptea lae1T9 ZU07 City ofSouthlake RFB07i"162RM700228 Page 19 of 21 Shana Yelverton, City Manager November 19, 2007 Page 26 Form (Rev, r oopartr Int—W N N a c P 01 W CL= a' U O e � av a U) di rn W -9 Request for Taxpayer Give form to the Identification Number and Certification requester. Do not —toff eT ve 05) R- ot,ne rreasary nev .e sary send to the IRS. Name (as shown on your income tax return) LLOYD MOORE Business name, if different from above CROWLEY SPORTS OFFICIALS Individual/ Check appropriate box! Sole proprietor ❑ corporation © Partnership ❑ other ------------- . Exemptfrom backup ❑ withholding - Address (number, street, and apt. or suite no.) Requester's name and address (optional) P.O. BOX 6042 City, state, and ZIP code FT. WORTH, TEXAS 76115 List account number(s) here (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line f to avoid social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident p alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number n umber to enter. 0 1 4 } 3 1 6 13 1 9 1 5 1 7 1 3 Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign signature n . YA�-G, / {��� A - e oats o. �� A )6 V Here U.S. person 1- / d Purpose of Form" . A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1, Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. For federal tax purposes, you are considered a person if you are: ■ An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701 -6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: ■ The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W -9 (Rev. 11 -2005) Shana Yelverton, City Manager November 19, 2007 Page 27 Appendix E — No Intent to Submit Form If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: City of Southlake Purchasing Division, Deparhnent of Finance 1 400 Main Street, Suite 9440 Southlake, Texas 76092 Please check all items that apply: ❑ Do not sell the items) required. ❑ Cannot provide hisurance required. ❑ Cannot be competitive. ❑ Cannot provide Bonding required. ❑ Cannot meet specifications highlighted in the attached ❑ Cannot comply with Indemnification request. requirement. ❑ Job to large ❑ Job too small ❑ Do not wish to do business with the City of Southlake. ❑ Other: COMPANY NAME (Please print): Authorized Officer Name (Please print): Telephone: (__) Fax: ( ) Citp ofSouthlake - RFBO710AI62RM700228 Page 21 of 21