01 Specifications.pdf

City of Dallas

Request for Bids (RFB)

Project Title: Janitorial Supplies, Trash Bags and Liners

Buyer Solicitation Number: BC26-00029656 http://www.dallascitynews.net/

I. Introduction, Purpose, and Intent

The City of Dallas (City) is soliciting bids to establish a five-year Indefinite Delivery/ Indefinite

Quantity (ID/IQ) master agreement for the purchase of Janitorial Supplies, Trash Bags & Liners for use throughout City departments.

An ID/IQ agreement is established when quantities of goods and delivery schedules cannot be determined. Goods under this agreement will be ordered on an as needed basis for the term of the agreement.

II. Pre-Bid Meeting Schedule, Questions, and Inquiries

During the solicitation process bidders are required to limit their communication regarding this project to the Buyer referenced herein. A pre-bid meeting will be held by the city whereby the bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-bid meeting will be the only time when bidder and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Bidders may submit their questions electronically through the city solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically; the City will respond to all questions by way of addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication.

III. Bid Submittal Requirements

To be considered responsive, bid response must be submitted electronically to

(https://dallascityhall.bonfirehub.com/login) by the due date and the time indicated in the solicitation. All bidders submitting bids through the electronic bidding system shall scan and upload a copy of their $100.00 bid security (sealed bid bond, certified check, or cashier’s check) as an attachment to their electronic bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the city’s purchasing agent upon request. Bid security shall be delivered to: Office of Procurement Services, 3rd floor, Dallas City Hall, Room

3FN, Dallas, Texas 75201. The bid security of recommended bidders will be retained until such time as the awarded bidder has executed the contract. If the awarded bidder fails to execute and deliver the contract within ten (10) days after the notice of award, City may annualize the notice of award and shall be entitled to make a claim against the bid security. The bid security of recommended bidders will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended bidders will be returned.

The following documents should be submitted with your bid: - Copy of Bid Security ($100.00)

IV. Local Preference https://dallascityhall.bonfirehub.com/login

The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents.

Request for Bids

A local firm whose bid is within the following percentages may be considered for award over the lowest bidder (City Council ultimately decides):

• 3% of the lowest bid for a contract valued at greater than $500,000 for goods.

• 5% of the lowest bid for a contract valued at less than $500,000 for goods or services.

• 5% of the lowest bid for a contract valued at less than $100,000 for construction services.

V. Bidder Qualifications

The successful bidder(s) must be an established business. The successful bidder(s) must possess and maintain the capacity to provide the products and service necessary through the duration of the agreement. The bidder(s) must have the ability to maintain adequate inventory to satisfy the orders without extended delivery time. The bidder(s) must be a manufacturer or an authorized dealer/distributor and must indicate on the bid sheet. The facility must be sufficiently staffed to accept, and process orders placed simultaneously by numerous city departments during routine business hours Monday through Friday.

- Bids will be considered only from bidders who have been established in the business of providing brand-approved janitorial supplies, trash bags and liners for one (1) year or more. If requested, bidders must provide references with their bid or within five (5) business days at the request of the buyer.

- Experience providing janitorial supplies to an entity with a comparable size and scope.

- Bidder shall be a manufacturer or an authorized dealer/distributor/reseller and must submit proof of all brands they are authorized to sell.

o As an authorized dealer/distributor/reseller awarded vendor will be expected to provide the manufacturer’s warranty.

- The facility must be sufficiently staffed to accept, and process orders placed simultaneously by numerous city departments during routine business hours Monday through Friday from 8 am to 5 pm.

o Bidder must assign at least one person to be exclusively responsible for handling the City of Dallas Agreement. That person must be knowledgeable of the products.

VI. Specifications

Refer to the attached bid sheet for detailed description information.

After acceptance of the bidding goods, the awarded bidder shall make available to the City any goods enhancements, terms, conditions, or circumstances that benefit the City, including reduction in costs, that are made generally available without charge to the awarded bidder’s other customers.

VII. Communication

The bidder(s) must assign at least one (1) person to be exclusively responsible for handling the

City of Dallas contract. The person must be knowledgeable of the product, able to receive new orders, able to discuss pending orders and provide customer assistance. It is essential that the awarded bidder(s) respond clearly after receiving a telephone call or email from the participating

City departments. Any written correspondence for the City of Dallas shall be answered within twenty-four (24) hours. The awarded bidder(s) shall respond to phone calls and/or emails from the City within four (4) hours of receipt.

VIII. Commencement Date

The proposed master agreement will become effective upon City Council approval and contract execution.

IX. Award Method

The City’s intent is to award this solicitation by the Group for the group’s 1 thru 14 to the responsive and responsible bidder(s) with the most advantageous percentage Discount or Markup

(-/+) and has demonstrated compliance with the specifications. Bidder(s) shall be able to bid each group with percentage Discount or Markup (-/+) for Estimated Expenditure line for

Five (5) Years. All Sample lines within each group in this solicitation require unit pricing in conjunction with discount/markup (-/+) only to determine the lowest bidder. The city will calculate both the unit pricing and discount/markup (-/+) total to determine the lowest price for the respective group. The City reserves the right to award in the method that is most advantageous to the City. Bidders are not required to bid all groups on the bid sheet.

Bidders must bid on all sample lines within each group to be considered responsive for that group. Failure to bid on all lines within a group may be cause for bid to be considered non-responsive. Bidders must use the City of Dallas bid sheet provided in the bid packet for bid submission. The City reserves the right to award by line, group or in total, whichever is most advantageous to the City.

Any alterations made on the bid sheet will result in the response being considered non-responsive.

The awarded vendor shall provide the City of Dallas with the most current manufacturer’s catalog or price list(s), via e-mail or approved media during the evaluation phase at no cost to the

City, with the bid packet. Paper catalogs or Paper Price list will not be considered meeting the specifications. Please note other methods of verification may be considered on a case-by-case basis. The city must have a tangible way of verifying pricing for each delivery order as part of our auditing process. The awarded vendor must provide the item description for citywide usage;

the information for each item shall contain stock number, colors, sizes, prices, point of contact for the manufacturer, and all other pertinent information to that purchase order.

A request for a bid does not commit the City to award any contract, the City reserves the right to reject all bids or waive irregularities. Late bids will not be considered for awards.

X. Location and Invoicing

The City shall pay invoices in 30 days. For the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the city. The 30 days begin when the city has received a correct invoice reflecting the work or goods delivered. If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the city will request a corrected invoice, and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

• Name and address of the department for which services were provided

• Contact information of City staff who placed order (name, phone number, department)

• Date of order or Service

• Detailed description of each service

• Price goods or services (charges for all services covered by this contract are to be separately stated and explained

• Total cost of goods/services

Invoices must be mailed or delivered directly to the division that has placed the order. The awarded bidder(s) must have received a hard copy of a City of Dallas order document prior to shipping or delivering merchandise. The delivery order must show specific quantities and materials provided also reflecting the price(s) on the awarded bidder(s) bid sheet. Each invoice submitted must include referencing order number that authorized the purchase.

Submitting invoices without the above information may cause delays in payment processing.

Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to follow this procedure risk having the contract with the City cancelled.

XI. Total Cost of Goods and/or Services

A percentage discount/markup (-/+) shall remain firm for the sixty (60) month term from the date of the award and include all costs incurred, real and unforeseen, related to the manufacture, shipping and delivery of products. This will include insurance, freight and all other direct costs.

The estimated expenditures for five (5) years listed on the bid sheets are estimates only. Actual expenditure may be higher or lower than the listed expenditure during the contract term, depending on anticipated needs. The City of Dallas reserves the right to order fewer or additional quantities as deemed necessary during the term of the contract. The City of Dallas will not be responsible for any anticipated profits or losses by any bidder(s) based on estimated quantities given.

The awarded vendor is required to submit any revised list as soon as they obtain it with a maximum allowance of new catalog pricing once every 12 months for the duration of this master agreement; price changes will begin 30 days from the date the City of Dallas receives a revised price list. Price revisions cannot be issued until a minimum of 6 months after the contract has been awarded. The City of Dallas will not reprocess invoices that have been paid per old price lists due to the bidder’s failure to submit the current price list. The City of Dallas will NOT re-issue a Delivery Order (DO) due to an increase in prices after the vendor has received the DO.

XII. Performance Measures and Contract Management

Deliveries will be required to various locations throughout the City of Dallas. The successful bidder(s) will be responsible for all delivery costs to include returns. Partial shipments will be accepted with approval of the requested City department. Deliveries for Dallas Water

Department shall be made within thirty (30) days after receipt of order. Delivery times are 7:00 a.m. – 3:30 p.m. Monday through Friday (except national holidays). The city will place orders on an as-needed basis with no minimum order quantity.

Discounts/markups quoted in the bid must include any delivery, shipping or freight charges; the

City of Dallas will not pay for shipping, delivery, or freight charges unless it is an emergency. In an Emergency, the City of Dallas may need to expedited deliveries orders within twenty-four

(24) hours of notification. The awarded vendor must supply estimated freight charges to the City of Dallas prior to shipping the order. Verbal orders will require acknowledgment within twenty-four (24) hours.

Partial shipments will be accepted. All quotations shall be F.O.B City of Dallas, cost of freight to be included in unit cost. F.O.B. means the cost of freight is included (priced) in each unit cost.

The city does not pay for freight unless it’s an emergency. In those situations, delivery charges shall be invoiced separately and will reflect the delivery order number for verification.

If an emergency occurs, the successful vendor shall be able to provide materials within twenty-four (24) hours after the order is placed. If the awarded vendor can’t supply the product(s) within the requested twenty-four (24) hours, the City reserves the right to purchase the items from an alternate source. Department and vendor shall contact buyer when this occurs.

Failure to consistently deliver products within the specified delivery dates may result in the cancellation of this agreement.

Errors in delivery or issues with damaged items shall be corrected within forty-eight (48) hours after notice is given. Credit for returned items shall be received within thirty (30) days after notification unless prior arrangements for an extension have been agreed upon. Credits shall be either a credit memo or check at the option of the City. The City shall not be charged any additional fees or penalties for returned merchandise. Returned products shall be unused and in the original packaging, except those found to be defective.

XIII. Freight Delivery Charges

All regular orders, shipped per specifications, will INCLUDE freight at no extra charge to the city.

XIV. Special Requirements

Recognizing the importance of exercising positive environmental stewardship (Green Products), The City will purchase environmentally preferred products whenever feasible and require contractors and consultants to use recycled and other environmentally preferred products whenever feasible. Some environmental attributes to be considered are level of recycled content, less hazardous or non-hazardous ingredients, energy saving features, water conserving features, non-petroleum-based products, materials that can be recycled, and end of life disposal.

Group #1 – 3 POLYETHYLENE BAGS:

The Vendor shall provide black, white, and blue polyethylene bags that meet the minimum requirements below:

A. The blue bags shall be translucent (semi-opaque). The black and white bags shall be enough capacity to ensure privacy and shall be properly tied with the twist tie provided to prevent odors from escaping.

B. Awarded vendor(s) must provide bags by size, mil, capacity and packaging as stated on the bid sheet

C. All bags meet the specifications below:

• 60-Gallon: shall be 48 inches x 65 inches flat 6 mil, black ¼ of an inch

• 45-Gallon: shall be 40 x 46 x 001 flat (white/black) 100 per case

• 33-Gallon: shall be 33 x 39, 80 mil, 33 gal, extra heavy duty 150/per box

• 13-Gallon: shall be 24 x 23, .35 mil, 7-10gal, heavy duty, flat black/blue, 1000/per box, waste paper basket

• Hazmat Bags: shall be 37 x 48 x 004 - POR shall be clear autoclave w/red print

50/ per box

• A tolerance of one quarter (1/4) of an inch for all these dimensions will be permissible

D. The film used for constructing these bags shall be manufactured from polyethylene or ethylene copolymer resin. Dart impact strength at the seal shall not be less than sixty

(60) grams when tested in accordance with ASTM-D1709 method A.

E. For the 48 x 65 heavy duty black bags the gauge of the film shall have a thickness of

6 mil.

F. For the 30-gallon black bags the gauge of the film shall have a thickness of 1.3 mil with a point- to- point variation not to exceed 10% (+/-) plus or minus of the mil gauge.

Bidder shall utilize 80% LLDPE on the 1.3 mil linear low-density bag.

G. For the 30-gallon blue bags the gauge of the film shall have a thickness of .95 mil with a point-to-point variation not to exceed 10% (+/-) plus or minus of the mil gauge.

Bidder shall utilize 80% LLDPE on the .95 mil linear low-density bag.

H. For the 13-gallon blue bags the gauge of the film shall have a thickness of .74 mil with a point-to-point variation not to exceed 10% (+/-) plus or minus of the mil gauge.

Bidder shall utilize 80% LLDPE on the .74 mil linear low-density bag.

I. The formula used to determine the film weight per 1,000 bags is length X width X mils divided by 15.

J. Any heat seal shall withstand a 10-minute tensile loading of one pound (1 lb.) per inch of seal without failure.

K. Drop test for 30-gallon capacity: A bag securely closed, with a provided wire tie, shall withstand a drop of five (5) feet onto smooth concrete, when the bag is filled to a total weight of thirty (30) pounds with a material having a weight density of fifteen (15) pounds per cubic foot.

L. Drop test for 13-gallon capacity: A bag securely closed, with a provided wire tie, shall withstand a drop of five (5) feet onto smooth concrete, when the bag is filled to a total weight of thirteen (13) pounds with a material having a weight density of six and a half

(6.5) pounds per cubic foot.

M. All bidders shall submit with their bid a certified analysis from and certified independent testing laboratory clearly indicating that the bags quoted meet the minimum specifications as listed above, the City will have the final approval in determining if the bags meet our requirements.

N. Bidders are advised that any shipment of bags is subject to such independent laboratory tests as the city deems necessary to determine that the bags received meet the minimum specifications of this bid. However, the supplier will pay the cost if the tests reveal that the bags do not meet specifications. Such failure may cause cancellations of the agreement and removal of the supplier from the bidder’s list.

Packaging:

O. Thirty (30) gallon black bags shall meet the packaging requirements below:

• shall be supplied in rolls

• shall be perforated for easy tear off each bag and contained within box packaging.

P. Blue Bags shall meet the packaging requirements below:

• shall be in corrugated box packaging

• Each bag shall be folded individually in the box for easy removal of one bag at a time

Q. Each box of bags shall contain, inside the box, at least an equal quantity of wrapped wire ties, with a minimum of six (6) inches in length.

R. Labeling on the outside of the box shall indicate the inside contents to include box quantity, color, size, weight of box & mil.

Catalog Requirements:

1. The Vendor should have an online or paper catalog where products may be viewed by the city.

• The Vendor shall provide current catalog or website to online catalog with bid or within five (5) days of request from Buyer.

2. The Vendor shall provide updated catalogs/price lists during the agreement period.

Group #14: Green Products:

1. The Green Products shall be Green Seal Certified or certified by any other agency that carries the green seal on the label.

2. The NFPA or the HMIS diamond must be one or less to be considered green.

XV. Substitutions

No substitutions will be allowed for the listed brands within the purchase description. Please see the bid sheet for approved brand/manufacturer list. Vendors must be able to provide the brand listed to be considered for award. If a company/manufacturer would like their product to be evaluated for City consideration, they must contact the buyer for instructions on the evaluation process.

XVI. Returns

The City reserves the right to return any unopened product in its original package(s); of the same brand supplied by the awarded bidder(s) and listed in the current price list. Credit for returned products should be received within thirty (30) days unless prior arrangements for an extension have been agreed upon. Credit should be either a credit memo or check at the option of the city.

The city will not be charged fees or penalties for returned products.

XVII. Audit Requirements

All the products (parts and material) provided shall be new, unused, and warranted to be free from defects in workmanship, design, and materials. Warranty shall be for the manufacturer’s customary warranty period or a period of one (1) year, whichever is greater. The warranty will begin upon the City acceptance of the product, installation, or service. Defective product(s) shall be replaced with new materials when it has been determined that the failure(s) is product related.

Vendor will be responsible for any shipping charges for returns during the warranty period. If it’s determined that the product must be replaced the product will be returned for full credit, including any shipping charges.

Warranty:

All products provided shall be new and warranted to be free from defects in workmanship, design and materials. Warranty shall be for the manufacturer’s customary warranty period or a period of one (1) year, whichever is greater. The warranty will begin upon the City’s installation. The warranty should be recognized as being valid by the manufacturer.

Defective parts shall be replaced with new materials when it has been determined that the failure(s) is product related. The warranty period will start over upon the City’s final acceptance of the repaired unit. The Contractor will be responsible for any shipping charges for returns during the warranty period. If it’s determined that a product must be replaced the product will be returned for full credit, including any shipping charges.

XVIII. Documents Submitted with Bid or upon Request

1. Security Bid (Required)

2. Business Information Form (OPS-02)

3. Conflict of Interest Policy and Questionnaire (OPS-06, State Form CIQ)

4. Local Preference Affidavit (OPS-31)

5. BEH Forms

6. Any other City documents as required.

XIX. Opening of Bids

The city will open bids during the bid reading. Bid readings take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

Any bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

XX. Review of Bids

1. The city will review bids for compliance to determine whether bids are responsive and responsible and whether the bid meets minimum requirements.

2. The city may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the bid.

3. Please be aware that the City of Dallas may use sources of information not supplied by the bidder concerning the abilities to perform this work or meet the minimum requirements. Such sources may include current or past customers of the organization; current or past suppliers;

articles from industry newsletters or other publications or from non-published sources made available to the City of Dallas.

XXI. Bid Pricing

1. Percentage Discount/Mark-Up shall be firm for the entire contract unless otherwise stated herein. The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the Contract.

2. Costs not included or calculated in the applicable unit prices as bid will not be paid by the

City, regardless of the intentions of the bid when the bid was submitted and regardless of that those costs were actually incurred.

XXII. Rejection or Acceptance of Bids

1. This RFB does not commit the City to award a Contract. The City reserves the right to reject any or all bids, to waive technicalities or irregularities, and to accept any bid it deems to be in the best interest of the City. The City shall not be liable for any costs incurred by any company responding to this RFB.

2. The City will require the recommended bidder to sign the necessary Contract documents prepared by the City Attorney's Office, if applicable. If applicable, a sample Contract is included as an attachment. Bidders must take exception to any term of the Contract to which it will not agree in its bid.

XXIII. Late and Withdrawn Bids

Bids are required to be submitted electronically at using the city procurement website https://dallascityhall.bonfirehub.com/login. The system will not accept submittals after the due date and time and hard copy submittals are not permissible.

XXIV. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Proposals will be opened by the city to avoid disclosure of content to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a proposal that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the proposal “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open

Records Act to inspect information designated as trade secret or confidential in a proposal, the

Proposer shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

XXV. Disqualification of Bidders

Bidders may be disqualified for, but not limited to, the following reasons:

• Reason to believe collusion exists among the bidders

• The bidder is involved in any litigation against the City of Dallas

• The bidder is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas

XXVI. Permits Required by Law

Contractor shall comply with all requirements of federal, state, and local statutory requirements and regulations pertinent to or affecting any phase of this contract.

XXVII. Records and Audit

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized by this Contract. These records shall be retained for a minimum of two years after the conclusion of the Contract. The

City reserves the right to audit any records it deems necessary for the execution of this Contract.

XXVIII. Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the Contract of any part therein or its right, title or interest therein or its power to execute the same to any other person, firm, partnership, company, or corporation without the prior written consent of the City.

Should the Contractor assign, transfer, sublet, convey, or otherwise dispose of its right, title or interest or any part thereof in violation of this section, the City may, at its discretion, cancel the

Contract and all rights, title and interest of the Contractor shall therein cease and terminate, and the Contractor shall be declared in default.

XXIX. Default by Contractor

The following events shall be deemed to be events of default by Contractor under the Contract:

• Contractors shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors.

• Contractor attempts to assign the Contract without the prior written consent of the City.

• Contractor shall fail to perform, keep, or observe any term, provision or covenant of the

Contract; or

• Contractor fails to properly and timely pay Contractor personnel, suppliers or other contractors and the failure impacts the City or its Facility in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default.

If the default is not corrected to the satisfaction and approval of the Director within the time specified in such notice, the City may immediately cancel the Contract. At the direction of the

Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract.

The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract.

No Waiver: No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

XXX. Termination

The City may terminate this agreement in whole or in part by giving thirty days written notice thereof to Contractor. The City will compensate Contractor in accordance with the terms of the agreement for all goods and services delivered and accepted prior to the effective date of such termination notice.

XXXI. Miscellaneous

1. After executing the Contract, no consideration will be given to any claim of misunderstanding.

2. Bidders shall submit with their Bid, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

3. Bidders shall thoroughly familiarize themselves with the provisions of these Specifications and the Facilities.

4. The City reserves the right to reject all bids and to waive any minor irregularities.

5. A Bid may be disqualified if the corporation or individual bidder is in arrears or in default to the City for delinquent taxes or assessments or on any debt or Contract, whether as defaulter or bondsman; or who has defaulted upon any obligation to the City by failing to perform satisfactorily any previous agreement or Contract within the past seven years. Also, Bidders may be disqualified for poor prior performance on similar Contracts with other entities.

6. The Contract with the Contractor will be drawn by the City and may contain such other provisions as are deemed necessary to protect the interests of the City.

7. The Contractor agrees to abide by the rules and regulations as prescribed herein. The

Contractor will, in all solicitations or advertisements for personnel to perform services under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

8. If either party hereto is prevented from completing its obligations under the Contract by act of God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of the parties hereto, then such party shall be excused from such performance for such period as is reasonably necessary after such occurrence to remedy the effects thereof.

9. The section headings in these Specifications are for convenience in reference and are not intended to define or limit the scope of any of the conditions, terms, or provisions of these specifications.

10.Should any question arise as to the proper interpretation of the terms and conditions of these specifications, the decision of the City Attorney or his authorized representative shall be final.

XXXII. Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER

PROHIBITED

(a) No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall there by forfeit the city official’s or employee’s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

(b) The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

(c) The prohibitions of this section shall not apply to the participation by city employees in federally funded housing programs, to the extent permitted by applicable federal or state law.

(d) This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

(e) This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area

Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop

No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and 9).

XXXVII. Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the Developing

Regional & Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

6.1.1 The SBE participation goal for this contract is “TBD”.

6.1.2 As a prerequisite for City Council award, the contractor must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent low bidder who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be “responsive” and/or “responsible.”

6.1.3 Assistance in preparing the DRIVE forms may be obtained by sending an email to businessenterprisehub@dallas.gov

XXXVIII. Equal Employment Opportunity/Nondiscrimination

The selected bidder shall not discriminate against any employee or applicant for employment because of race, age, color, national origin, religion, marital status, sex, sexual orientation, military or veteran status, political opinions or affiliations, genetic characteristics, or disability, consistent with applicable laws. The selected bidder shall prohibit discrimination regarding, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The selected bidder shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12301-12233, as amended. The selected bidder agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

HAXXII.1

XXXIII. Indemnity

The selected Bidder agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected Bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected bidder, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the

City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected bidder(s) and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XXXIV. Development Costs mailto:businessenterprisehub@dallas.gov

Neither City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFB. Respondents are encouraged to prepare their bids simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the RFB.

XXXV. Contract Award

The City reserves the right to award this bid to the lowest bidder(s) by line, group, in its entirety, or in a manner that is most advantageous to the City. By submitting a bid, the bidder agrees to be bound by these terms and conditions unless otherwise noted herein. The final contract is subject to City Council approval.

XXXVI. Certificate of Interested Parties (Form 1295)

All vendors recommended by City staff for a contract pursuant to this RFB will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete

Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended.

Vendor will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm , and submit a copy to the buyer before the contract information will be sent to the City Attorney’s

Office to draft the contract. Once the terms of the contract are fully negotiated, the recommended vendor has signed the contract indicating agreement with the terms of the contract; and Form 1295 is on file at the Texas Ethics Commission website with a copy provided to the buyer; the staff recommendation will be placed on a City Council agenda to award the contract.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm