3-01 - Specifications - BN25-00028024 - Ink Toner Printer Cartridges.pdf

City of Dallas

Project Title: Ink Toner & Printer Cartridges

RFB No.: BN25-00028024 http://www.dallascitynews.net/

I. Introduction, Purpose, & Intent

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

III. Bid Submittal Requirements

IV. Local Preference

V. Specifications

A. Remanufactured Cartridges

B. Cartridge Remanufacturing Process

C. Cartridge Packaging & Labeling

D. Defective Cartridges

E. Warranty

F. Delivery

G. Returns

H. Estimated Quantities

VI. Communication

VII. Commencement Date

VIII. Award Method

IX. Location and Invoicing

X. Total Cost of Goods and/or Services

XI. Special Requirements

XII. Documents Submitted with Bid or upon Request

XIII. Opening of Bids

XIV. Review of Bids

XV. Bid Pricing

XVI. Rejection or Acceptance of Bids

XVII. Late and Withdrawn Bids

XVIII. Confidentiality

XIX. Disqualification of Bidders

XX. Permits Required by Law

XXI. Records and Audit

XXII. Assignment of Contract

XXIII. Default by Contractor

XXIV. Termination

XXV. Miscellaneous

XXVI. Conflict of Interest

XXVII. Indemnity

XXVIII. Development Costs

XXIX. Contract Award

XXX. Certificate of Interested Parties (Form 1295)

I. Introduction, Purpose, & Intent

The purpose of this specification is to solicit bids from qualified suppliers for a thirty-six (36) month Indefinite Delivery/Indefinite Quantity (“ID/IQ”) master agreement for the purchase of toner and printer cartridges for the City of Dallas (“City”). An ID/IQ agreement is established when quantities of goods and/or delivery schedules cannot be determined. Goods under this agreement will be ordered by multiple City departments on an as needed basis for the term of the agreement.

II. Pre-Bid Meeting Schedule, Questions, & 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 address 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 (https://dallascityhall.bonfirehub.com/login.) by the due date and 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 annul 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

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 https://dallascityhall.bonfirehub.com/login

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. Specifications

A. Remanufactured Cartridges

1. Awarded Contractors shall furnish remanufactured toner cartridges that have been fully remanufactured to specifications equal to, or, exceeding original equipment manufacturers (“OEM”) cartridge standards of quality and performance and approved remanufactured toner cartridge industry standards. Toner cartridges furnished to this specification shall meet or exceed the latest remanufactured toner cartridge standards. These standards include the guidelines adopted by the Standardized Test Methods Committee (“STMC”), the American Society for Testing and Materials (“ASTM”) and the International Safe Transit Association (“ISTA”), including the ASTM F 1856 Standards, ASTM F 335 and F 2036 Standards and ISTA – Integrity Procedure 1A Standards (“ISTA 1A”).

2. Contractor shall certify that its remanufactured toner cartridges have been tested in accordance with the above standards and guidelines and that its cartridges have met or exceeded those standards. Contractor shall warrant that the use of the remanufactured cartridges will not void any manufacturer’s warranty on the printers or faxes.

3. Cartridges that are merely refilled “drill and fill cartridges” will not be considered.

4. “Split hopper” cartridges will not be considered unless there are no alternative methods of remanufacturing them.

B. Cartridge Remanufacturing Process

For the purpose of these specifications, the term “remanufactured” is defined as a cartridge which has been completely disassembled and cleaned, replacing with a new long-life optical photo conductive (“OPC”) drum and with all brand new parts except using the existing casing. The term "remanufactured" includes, at a minimum, the following:

Assessment to determine if the toner cartridge can be remanufactured. Complete disassembly of toner cartridge to thoroughly clean and check all internal and external components against the original manufacturer's specifications. Worn, damaged, or end of life-cycle components should be replaced.

Replacement of the original OEM drum with a new drum (which may include an extended life-drum). If the returned toner cartridge is equipped with an extended-life drum, Contractor shall inspect and, clean or replace it with a new extended-life drum or new aftermarket drum.

Replacement of all seals with an OEM-type heat seal, card seal, or pressure sensitive seal.

Replacement of the primary charge roller (PCR) with a re-coated or new PCR.

Replacement of wiper blade meeting OEM specifications or the latest remanufactured toner cartridge industry standards adopted by the STMC or the latest guidelines adopted by ASTM for remanufactured toner cartridges.

Replacement of any parts not meeting OEM specifications or the latest remanufactured toner cartridge industry standards adopted by the STMC or the latest guidelines adopted by ASTM for remanufactured toner cartridges.

Filling of toner cartridge meeting OEM specifications or the latest remanufactured toner cartridge industry standards adopted by the STMC or the latest guidelines adopted by ASTM for remanufactured toner cartridges.

Chemically cleaning or replacing the corona wire assembly (where applicable). One fuser wand (where applicable) with high temperature resistant felt wiper and one cotton swab shall be provided with each toner cartridge.

The hopper shall be filled to capacity with new toner meeting or exceeding OEM standards.

Contractor shall indicate in this bid the original manufacturer(s) and part number(s) of toner supplied.

A toner hopper seal/separator meeting or exceeding OEM standards shall be inserted to prevent spillage of toner during shipping.

Print yield shall be equal to or exceed OEM rating for each cartridge. Yield shall be determined by the use of a standard pattern that features 5 percent coverage.

Exterior surfaces shall be thoroughly cleaned, with all traces of old labels and toner removed entirely.

C. Cartridge Packaging & Labeling

1. Contractor shall clearly label each toner cartridge with the manufacturer/supplier's name and telephone number and cartridge model number.

2. Each toner cartridge shall be packaged in an anti-static moisture proof bag and either heat-sealed or zip-locked, meeting or exceeding OEM standards. The cartridge shall then be placed in a protective cradle prior to being packaged in an external carton. The external carton and packaging of the toner cartridge shall protect the cartridge from damage during shipping. Packaging for the toner cartridges shall be constructed to permit users to re-package spent cartridges for return to Contractor. It is desirable that all corrugated packaging contain a minimum of 35% post-consumer recycled content and provide certification from the carton manufacturer/supplier to verify the actual percentage of recycled content.

3. The external carton or an internal shipping invoice shall identify toner cartridge type (make and model), Contractor name, address and telephone number, and the delivery order number. All cartridge boxes or internal shipping invoices will also bear the date of remanufacture and use by date for shelf life and inventory purposes. Included in the cartridge packaging shall be a copy of the test print page, installation instructions, a copy of the warranty (to include the Contractor contact number), and instructions and supplies necessary for the return of empty cartridges as agreed upon between the Contractor and the City.

D. Defective Cartridges

1. All defective toner cartridges will be returned to the Contractor at Contractor’s expense.

Contractor shall supply pre-paid mailing labels or shall pick up defective cartridge(s) at the location of the ordering department.

2. Defective or damaged cartridges shall be replaced within two (2) business days of initial notification to the Contractor by the City and shall be provided at no cost to the City.

Replacement cartridges shall be properly marked as replacements and identified by the delivery order number.

3. A diagnostic analysis shall be performed to determine the cause of the problem for any toner cartridge returned by the City. The diagnostic analysis report shall be delivered to the City within ten (10) business days.

4. If the City has continued uncorrected issues with a particular model, or if there are page yields consistently below OEM standards or approved manufactured toner cartridge industry standards, the City may cancel the cartridge model from the agreement.

5. If the toner cartridge defect rate exceeds two (2%) percent of all cartridges utilized within any six (6) month period, the City reserves the right to cancel the agreement.

E. Warranty

The Contractor shall warranty all products and replacement parts for one (1) year, or provide the City with a manufacturer’s warranty for parts as applicable.

F. Delivery

1. Orders shall be completed within five (5) business days for small shipments and up to thirty

(30) business days for large shipments after the work order has been received or as specified in the work order. If the Contractor is unable meet this time frame, Contractor must notify the requesting end-user placing the order in writing or e-mail within twenty-four (24) hours of delivery date. The notice must state the extenuating circumstances, the reason the product will or was not completed and/or delivered on time.

2. Pricing as quoted on the bid sheet must include any delivery, shipping or freight charges of materials (all quotations must be F.O.B City of Dallas and included in unit cost). 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 bidder when the bid was submitted and regardless that those costs were actually incurred. The City will not pay shipping, delivery, or freight charges unless it is an emergency.

3. In an Emergency, the City may need to expedited service orders within twenty-four (24) hours of notification. For emergencies, Contractor must supply estimated freight charges to the City prior to shipping the order. Verbal orders will require acknowledgment within twenty-four (24) hours.

4. Contractor must provide off-loading of materials. Materials shall be placed as close as possible to specified site, unless otherwise noted. Deliveries will be required at various locations throughout the City. Frequency of deliveries varies with the seasons. Contractor shall coordinate deliveries to ensure a constant supply of product.

5. Contractor must be capable of delivering ordered material to any location within Dallas

County with no minimum quantity or order amount requirement.

6. Suppliers who consistently fail to supply materials as specified (new, unused and on time) may be disqualified, and have their contract canceled. Contactor will receive a thirty (30) day written notice prior to such action. This type of failure may hinder the Contractor from receiving future award(s).

G. Returns

The City reserves the right to return any unopened product in its original packaging to the Contractor that supplied that product. Credit for items must be received within thirty (30) days unless prior arrangements for an extension have been agreed upon. Credits must be either a credit memo or check, at the option of the City. The City shall not be charged any fees or penalties for products returned including but not limited to restocking fees.

H. Estimated Quantities

The quantities listed on the bid sheet are based upon the City’s best estimate of anticipated needs and previous usage. The City will order items based on inventory levels and anticipated needs.

Actual ordered quantities may be less than or greater than those estimated. Payments will be based on the actual quantities ordered. Order amounts will vary from large to small quantities. The City of Dallas reserves the right to increase or decrease the quantities to meet its needs without any adjustment to the bid price. Quantities on the bid sheet are estimates based on the best available information at the time of bid.

VI. Communication

a. To provide the customer service required for this bid, Contractor must respond quickly and clearly as it is essential for the City. Contractor shall be responsible for all direct correspondence with the Owner and shall not delegate communication responsibilities to anyone including sub-contractor, consultant, or manufacturer if applicable.

b. Contractor must answer emails from the City within one (1) working day.

c. A company employee (not an answering service or answering machine) must answer the phone during normal business hours or provide a cell phone number for the City to direct phone calls.

d. Phone messages shall be returned within two (2) hours upon receipt of call.

VII. Commencement Date

The Contract shall be contingent of award by the Dallas City Council approval and upon the execution of the Contract.

VIII. Award Method

The City’s intent is to award this solicitation by group to the lowest responsive and responsible bidders, but the City reserves the right to award in the method that is most advantageous to the City.

The City reserves the sole discretion to determine whether a solicitation response is responsive.

City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any solicitation response as may be in the best interest of City. Late bids will not be considered for award.

IX. Location and Invoicing

a. To be compliant with these specifications, Contractor shall have received a hard copy or number of a City encumbering document (Delivery Order (“DO”), Purchase Order (“PO”), or Service Order (“SO”) prior to fulfilling any request for delivery of goods/services, unless stated otherwise by authorized personnel in writing. The encumbering document must reflect the pricing on the Contractor’s price sheet. The City is not liable for any good/service provided in which an encumbering document was not obtained first.

b. Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. All work described in the Contractor’s invoice must have been delivered in compliance with the terms of the contract. The City will not remit payment for any services rendered that were not approved in writing by an authorized City employee.

c. The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the invoice from Contractor must be correct, and accurately reflect the goods/services 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.

d. All invoices are to be sent electronically to: CODAccountsPayable@DallasCityHall.com.

Additionally, a copy of each invoice shall be sent to the department requesting the goods or services. If Contractor is unable to email an invoice, contractor may submit invoice via mail to the following address:

City Controller’s Office

Accounts Payable Division City of Dallas 1500 Marilla Street, Room L2F South Dallas, TX 75201

e. Each invoice submitted for payment shall include, at a minimum, the following information:

Name of the Department for which goods/services were provided;

Name and contact information for the City employee requesting service delivery;

mailto:CODAccountsPayable@DallasCityHall.com

Address of the requesting department;

Delivery date for good/service;

City of Dallas encumbering document and/or number; and Total cost of the goods/services itemized with pricing submitted in bid submission.

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

Incorrect invoices or invoices sent to the wrong address will delay payment. Contractors who fail to follow these instructions risk having the contract with the City cancelled.

X. Total Cost of Goods and/or Services

The prices quoted on the Bid Table will be inclusive, and should include all costs incurred, real and unforeseen, related to the manufacturer, shipping, and delivery, including insurance and all other direct costs.

Costs not included or calculated in the applicable unit prices as bid shall not be paid by the city, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred.

XI. Special Requirements

1. Awarded Contractor shall furnish remanufactured toner cartridges that have been fully remanufactured to specifications equal to, or, exceeding original equipment manufacturers (“OEM”) cartridge standards of quality and performance and approved remanufactured toner cartridge industry standards. Toner cartridges furnished to this specification shall meet or exceed the latest remanufactured toner cartridge standards. These standards include the guidelines adopted by the Standardized Test Methods Committee (“STMC”), the American Society for Testing and Materials (“ASTM”) and the International Safe Transit Association (“ISTA”), including the ASTM F 1856 Standards, ASTM F 335 and F 2036 Standards and ISTA – Integrity Procedure 1A Standards (“ISTA 1A”).

2. Contractor shall certify that its remanufactured toner cartridges have been tested in accordance with the above standards and guidelines and that its cartridges have met or exceeded those standards. Contractor shall warrant that the use of the remanufactured cartridges will not void any manufacturer’s warranty on the printers or faxes.

3. The Contractor shall warranty all products and replacement parts for one (1) year, or, provide the City with a manufacturer’s warranty for parts as applicable.

4. Contractor must provide off-loading of materials. Materials shall be placed as close as possible to specified site, unless otherwise noted. Deliveries will be required at various locations throughout the City. Frequency of deliveries varies with the seasons. Contractor shall coordinate deliveries to ensure a constant supply of product.

5. Contractor must be capable of delivering ordered material to any location within Dallas

County with no minimum quantity or order amount requirement.

XII. Documents Submitted with Bid or upon Request

a. Bid Security

b. Business Information Form (OPS-02)

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

d. Local Preference Affidavit (OPS-31)

e. Business Inclusion & Development Pre-Bid/Proposal Cover Memo (BID-FRM-622)

f. Business Inclusion & Development Pre-Bid/Proposal Form (BID-FRM-623)

g. Business Inclusion & Development Workforce Composition Form (BID-FRM-627)

h. Copy of contractor’s internal affirmative action plan or policy

i. Any other City documents as required or upon request

XIII. 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).

XIV. 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. Rejection or Acceptance of Bids

XV. Bid Pricing

1. Bid pricing 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 bidder when the bid was submitted and regardless that those costs were actually incurred.

XVI. 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.

XVII. Late and Withdrawn Bids

Bids are required to be submitted electronically 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.

XVIII. 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. Bidders will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a bid 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 bid “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 bid, the bidder 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.

XIX. 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

XX. 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.

XXI. 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.

XXII. 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 persons, 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.

XXIII. Default by Contractor

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

• Contractor 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 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.

XXIV. 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.

XXV. 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.

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 of time 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.

XXVI. 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 thereby 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 general 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) 11HAPTER XXII.1

XXVII. 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.

XXVIII. Development Costs

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.

XXIX. 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.

XXX. 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 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm vendor has signed the contract indicating agreement with the terms of the contract; and the 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.