3-01 - Specifications for Lamps Light Bulbs - Final.docx

City of Dallas

Request for Bids

RFB No.: BL26-00029309

Lamps and Light Bulbs

I. Introduction, Purpose, & Intent The City of Dallas (“City”) Building Services Department is requesting bids to establish a 36-month Indefinite Delivery/Indefinite Quantity (“ID/IQ”) master agreement for the purchase of lamps and light bulbs. An ID/IQ agreement is established when quantities of goods and/or delivery schedules cannot be determined, as this agreement will extend to all departments for citywide usage. Any goods procured through this solicitation shall be ordered on an as needed basis for the term of the agreement. The estimated quantities/expenditure are not representative of the actual quantities to be ordered. The estimated quantities/expenditure serve as a means of reviewing cost amongst submissions. Actual quantities purchased may be more or less than the estimated quantities/expenditure during the term, depending on inventory levels and anticipated needs. The City will not be responsible for any anticipated profits or losses, by any bidder, based on estimated quantities/expenditure provided.

II. Bid Security 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 any supplier recommended for award to be delivered to the City’s purchasing agent upon request. The bid security any recommended supplier will be retained until such time as the awarded Bidder has executed the contract and any/all required documents. If the awarded Bidder fails to execute and deliver the contract within fifteen (15) 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 Bidder 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.

*Bids received with without bid security will be deemed non-responsive.

III. Pre-Bid Meeting The provisions for this bid are intended to ensure a fair and equitable review process so that there is no actual or potential situation where one Bidder secures or attempts to secure an unfair advantage over another Bidder or creates a situation where there is an appearance of impropriety in contacts between the bidder, its agent, contractor, or consultant and City officials. During the solicitation process, Bidders are required to limit their communication regarding this project to the Procurement Specialist referenced herein. The City staff are instructed NOT to discuss this RFB solicitation with bidders. Bidders are encouraged to attend the Pre-Bid Meeting to discuss any questions with department representative(s).

A Pre-Bid Meeting will be held by the City whereby prospective 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 bidders and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address to the assigned Procurement Specialist. All prospective bidders are urged to be present. Attendance is recommended but not required. It is the Respondent’s responsibility to ensure that they have secured and thoroughly reviewed the solicitation documents prior to the Pre-Bid Meeting.

IV. Questions & Inquiries

Inquiries are not to be directed to any consultant of the City or City staff member. Such action may disqualify bidders from further consideration of this RFB. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication. No negotiations, decisions or actions initiated by any Bidder because of any verbal discussion with any City employee shall be binding upon the City. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication. The Office of Procurement Services will make all necessary arrangements for direct contact with other City departments, if required.

Bidders must submit their questions electronically through the City’s solicitation portal, Bonfire, at the following link: https://dallascityhall.bonfirehub.com/login. The City will respond to all questions by way of addendum which will be posted as part of the solicitation. All addenda and any additional applicable correspondence (general information, questions/responses) to this bid will be made available “exclusively” through the City website for viewing/retrieval. Vendors are solely responsible for frequently checking the website for updates to the solicitation.

*The deadline for the submission of questions is Date at time p.m. CT.

V. Bid Submittal Requirements Responses are required to be submitted electronically at, https://dallascityhall.bonfirehub.com/login, the City’s Solicitation Portal. The system will not accept submittals after the due date and time and hard copy submittals are not permissible. The City highly recommends that Respondents submit their completed bid submission response 4 to 24 hours prior to the bid submission deadline in order to have time to address any errors they may encounter during the bid submission process. For example, the system will notify you of any instances where you may have failed to enter a response to a required bid attribute. The City will not be responsible for any late responses or for any technical issues that are out of the City’s control.

A. Documents Submitted with Bid or upon Request:

1. Business Information Form

2. Copy of Bid Security (Required)

3. Conflict of Interest Policy and Questionnaire

4. Local Preference Affidavit

5. Business Inclusion & Development Pre-Bid Form (please also attach a copy of Bidder’s internal affirmative action plan or policy)

6. Business Inclusion & Development Workforce Composition Form

7. Copy of Bidder’s internal affirmative action plan or policy

8. 3 References

9. Documents evidencing required experience/qualifications

B. 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 bid simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the RFB.

C. Error & Omission During review of this RFB solicitation and preparation of bids, bidders may discover certain errors, omissions or ambiguities. If this is the case, or if the meaning of any part of this RFB is unclear, bidders may submit their questions electronically, by the date and time specified for this procurement. To allow for the City to answer the questions and distribute written responses to all bidders before the RFB due date and time. If the Bidder does not ask questions or clarify any assumptions, the City will assume Bidder understand the City’s requirements and that the bidder’s offering will meet those needs as bid.

Bidder represents, prior to submitting a bid for this solicitation and prior to signing any subsequent agreement, that Bidder has become thoroughly acquainted with all matters relating to the performance of this scope of work, all applicable laws and all terms and conditions of this solicitation and any subsequent agreement derived.

VI. Specifications / Scope of Work

A. QUALIFICATION OF BIDDERS:

· Bids will be considered only from bidders who have been established in the business of providing the delivery of lamps, light bulbs, or other like items for one (1) year or more. Documents evidencing experience/qualifications must accompany bid submission to be deemed responsive.

· Bids will be considered only from bidders who provide three (3) references for the City to verify one or more years of business.

B. CATALOGS AND PRICE SCHEDULES:

· Bidder(s) should be able to maintain adequate inventory to satisfy the account without extended delivery time.

· The awardee must provide current catalog list in electronic format that can be used citywide.

· Catalog information should contain stock number, color, size, price and any other pertinent information.

C. REVISED CATALOG PRICE LISTS

· The City will only accept revised prices beginning the date the City receives the revised catalog price list.

· The City will not reprocess invoices that have been paid per old price lists due to the failure of the awardee not submitting current price lists timely.

D. BID GUIDELINES:

· The purpose of the bid sheet is to determine which vendor can give the best percentage discount off of the manufacturer’s most recent catalog/price list to each group.

· A copy or image of the current catalog pricelist must be submitted with your bid to be deemed responsive.

· If a line is left blank, has a zero (0) or has ‘No Bid’ it will imply you do not offer those items and that section will be considered non-responsive.

· All lamps should meet or exceed industry standards set for established brands such as General Electric, Sylvania, Westinghouse, TCP and/or Philips.

E. COMMUNICATION

· The successful bidder(s) must have a company employee (not an answering service or answering machine) answer the phone during normal business hours or provide a cell phone number.

· Phone messages should be returned within twenty-four hours.

· Vendors should answer written correspondence from the City within three (3) working days.

F. DELIVERY REQUIREMENTS

· There shall be no required minimum delivery quantity requirement for orders placed.

· Partial shipments will be accepted. All quotations should be F.O.B City of Dallas, cost of freight to be included in unit cost unless this is an emergency request.

· Normal delivery hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday (except holidays). Deliveries will be made to various City locations citywide. The successful bidder(s) will be responsible for all delivery costs including returns.

Orders placed should be delivered within five (5) working days for receipt of the Delivery order. The successful bidder(s) will immediately notify the City if an item is identified as a special-order item. Acceptable delivery schedule for special order items will be determined by the City on a case-by-case basis.

· The City may pick up products at the successful bidder’s place of business. Products should be available for pickup during the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday (except legal holidays) unless the item(s) have previously been identified by the vendor as a special-order item.

G. ORDERING

· The City will be responsible for providing adequate purchasing descriptions, correct catalog/product part numbers, and prices based on the information (current catalogs & price listings) provided by the vendor.

· Orders received by the vendor with inadequate ordering information shall be returned to the responsible City department for appropriate action.

· Awardee will inform the purchasers of quantity price breaks when departments are ordering.

· Awardee shall provide a quote with each order showing the original pricing and the discounted pricing. All quotes must be responded to within 24 hours during regular a normal work week excluding holidays and weekends.

H. EMERGENCY ORDERS

· If the successful Bidder(s) is requested to supply products in an emergency situation, delivery shall be within twenty-four (24) hours after receipt of the order. The City will pay all additional shipping as a pass through from the vendor providing evidence of reasonable additional costs.

· If the successful Bidder is unable to supply the product(s) within twenty-four (24) hours, the City of Dallas reserves the right to purchase these items from an alternate vendor source.

I. 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.

J. PRODUCT WARRANTY

· All goods 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 valid by the manufacturer.

K. DEFECTIVE PARTS:

· Defective parts shall be replaced with new materials when it has been determined that the failure(s) is product related. Warranty period will start over upon the City’s final acceptance of the repaired unit.

· Awardee 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 of which must include any shipping charges.

L. FREIGHT DELIVERY CHARGES

· All regular/routine orders, shipped per specifications, must include freight at no extra charge to the City.

M. PERFORMANCE MEASURES

· Delivery times should be met at least 95% of the time in any 3-month period of this agreement. Failure to deliver within the specified time may result in cancellation of the agreement(s) procured through this solicitation.

N. PERMITS REQUIRED BY LAW

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

O. RECORDS / AUDIT REQUIREMENTS

· The Awardee 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.

VII. Sustainable Procurement Policy On May 27, 2020, City Council unanimously adopted the Comprehensive Environmental and Climate Action Plan (“CECAP”) through Resolution No. 20-0688. CECAP is a roadmap that outlines the activities that the City will undertake to improve quality of life, reduce greenhouse gas emissions, prepare for the impacts of climate change, and to create a healthier and more prosperous community. On May 26, 2021, City Council approved the adoption of a comprehensive Sustainable Procurement Policy (“Policy”) through Resolution No. 21-0908. The Policy guides the City in making procurement decisions that positively impact the City’s social, economic, and environmental health. The City is committed to procuring quality goods and services at reasonable costs that support the City in meeting its sustainability goals aimed to improve worker health, conserve natural resources, and prevent pollution. The City gives preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality and the average price of the product is not more than 10% greater than the price of comparable nonrecycled products.

· Sustainable Recommendations

· To promote fuel efficiency and reduce greenhouse gases and air pollution, consider using a SmartWay Transport Partner for shipment of products.

· Where suppliers use packaging in addition to manufacturer packaging, the City encourages vendors to select packaging that minimizes or eliminates the use of disposable containers and/or incorporates recycled content. For example, where appropriate, supplier packaging using reusable crates or reusable pallets is preferred over boxed packaging.

· For corrugated cardboard packaging (also known as containerboard packaging), the City encourages Suppliers to use versions that contain a minimum of 25% by weight of post-consumer materials, which is the minimum post-consumer content level for packaging specified by the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines.

· Suppliers are further encouraged to use packaging that does not contain packaging inks, dyes, pigments, adhesives, stabilizers, and additives with levels of lead, cadmium, mercury or hexavalent chromium in packaging inks, dyes, pigments, adhesives, stabilizers, and additives equal to or greater than 100 parts per million, which is consistent with packaging statutes adopted by 19 U.S. states. The following exceptions apply to this heavy metal threshold recommendation for packaging:

· Packaging made from recycled materials.

· Packaging that is essential to the protection, safe handling, or function of the package's contents (e.g., medical product and devices).

· Packages and packaging components for which there is no feasible alternative.

· Reusable packaging for products that are subject to other federal or state health, safety, transportation, or disposal requirements (i.e., hazardous waste).

· Packaging having a controlled distribution and reuse (i.e., beverage containers subject to mandatory deposit requirements).

· Packaging or packaging component that is glass or ceramic where the decoration has been vitrified and when tested, and meets specific requirements.

· For a full explanation of exceptions, see Section 5/Exceptions, Toxic in Packaging Clearinghouse Model Legislation, available at: http://toxicsinpackaging.org/model_legislation.html

VIII. Total Cost of Goods and/or Services Bidders are not required to bid on all groups; however, Bidder must bid all lines in a group to be considered responsive for that group. The items listed are not meant to limit the City to only these items. The City may purchase categorically related items for the same discount percentage offered for that group. Although catalog price lists may change, the Percentage Discount as bid with submission will be firm for the term of the agreement from the date of an award.

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 freight, shipping or handling charges. All freight, shipping and/or handling charges should be included in the bid price.

IX. Delivery Orders The successful bidder(s) must receive a hard copy of a City of Dallas delivery order (“DO”) prior to shipping or delivering merchandise. The DO must reflect the specific quantities provided and must reflect percentage discount on the vendor’s bid sheet. The City of Dallas is not liable for any delivery or shipment in which a DO was not obtained first. The vendor shall be responsible for obtaining all information required for invoices at the time they receive the DO. It is also the vendor’s responsibility to obtain the delivery and invoicing address, contact name and phone number of the ordering department at the time the order is placed.

X. Location & Invoicing The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the Supplier’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 Supplier invoice must have been delivered in compliance with the terms of these specifications. 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, title, phone number, department)

· Vendor name and business address

· Delivery Order number that authorized the purchase

· Date of order

· Date of delivery

· Name, address, and phone number of the department where product(s) were delivered

· Itemized statement of unit cost and extended cost of each item

· Manufacturer’s part number and a detailed description of each item delivered

· Total cost of goods/services Invoices submitted without this information will be may cause delays in payment processing. Incorrect invoices received by the City may be returned to the supplier, and payment will not be made until required information is provided on the invoice. Incorrect invoices or invoices sent to the wrong address will delay payment. Suppliers who fail to follow this procedure risk having their agreement with the City cancelled.

XI. Award Method & Commencement Date The City’s intent is to award this solicitation by group to the lowest responsive and responsible Bidder that offers the great discount percentage that result in the lowest price for each manufacturer, but the City reserves the right to award in the method that is most advantageous to the City. Bidder shall bid on all lines in a group to be considered responsive for that group. 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. By submitting a bid, Respondent agrees to be bound by the terms and conditions outlined in this solicitation unless otherwise noted. The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the Contract.

XII. Termination The City may terminate this agreement in whole or in part by giving thirty days written notice thereof to Awardee. The City will compensate Awardee 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.

XIII. 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 XIV. Assignment of Contract The Awardee 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 Awardee 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 Awardee shall therein cease and terminate, and the Awardee shall be declared in default.

XV. 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 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.

XVI. 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 awardees’ breach of any of the terms or provisions of the agreement, or by any other negligent or strictly liable act or omission of the awarded Respondent, 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 awarded Respondent 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.

XVII. 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. Bids 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.

XVIII. Opening of Bids The City will open bids during the bid reading. Respondent names will be publicly read at the bid reading which take place at 2:00 p.m. on Fridays and can be viewed on the City’s website. It is the responsibility of the Bidder to clearly mark and identify all portions of the bid, which, in the bidder’s opinion, contain trade secrets, confidential information and other proprietary information. All submissions are subject to the Texas Open Records Act process.

XIX. Review of Bids The City will review the bids submitted to determine the responsiveness and responsibility of each bid. Respondents must demonstrate the required experience and qualifications to fulfill the requirements identified in this RFB. 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. The City may also seek clarification from the referenced Bidder for any issues identified. Please be aware that the City of Dallas may use sources of information not supplied by the Bidder concerning the abilities to perform obligations as required herein. 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.

XX. Rejection or Acceptance of Bids This RFB does not commit the City to award any 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. 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.

XXI. Certificate of Interested Parties (Form 1295) All Suppliers 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 Supplier shall complete Form 1295- Certificate of Interested Parties- for every contract for which they’re recommended. Supplier 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 Procurement Specialist 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 Supplier 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 Procurement Specialist; the staff recommendation will be placed on a City Council agenda to award the contract.

XXII. 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)

XXIII. Miscellaneous

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

2. Respondents shall submit with the submission, the required Bidder’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

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

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

5. A response may be disqualified if the corporation or individual Respondent 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, Respondents 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.

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