Bid Invitation - 2026-10-07T110433.132.pdf

2027-0120

Preventative Maintenance for Dairy Analyzers (Re-Bid)

Issue Date: 10/2/2026

Questions Deadline: 10/6/2026 04:00 PM (MT)

Response Deadline: 10/9/2026 04:00 PM (MT)

Contact Information Contact: Aaron Garcia Address: 300 N. Campbell

El Paso, TX 79901 Phone: 1 (915) 600-3073 Email: GarciaA@elpasotexas.gov

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Event Information Number: 2027-0120 Title: Preventative Maintenance for Dairy Analyzers (Re-Bid) Type: 3-Quote Issue Date: 10/2/2026 Question Deadline: 10/6/2026 04:00 PM (MT) Response Deadline: 10/9/2026 04:00 PM (MT) Notes:

The City reserves the right, at its sole discretion, to adjust this Schedule of Events as it deems necessary. If necessary, the

City will communicate adjustments to any event in the Schedule of Events in the form of an amendment.

Event Date and/or Time

Release 10/2/2026

Last Day for Questions 10/6/2026 @ 5:00 P.M. Mountain Standard Time

Last Day for Amendments 10/7/2026

Bid Due Date 10/9/2026 @ 5:00 P.M. Mountain Standard Time

Contract Award Date (approx.) November 2026

Mail To or Hand Deliver To:

City of El Paso Purchasing & Strategic Sourcing Department

300 N. Campbell, 1st Floor El Paso, TX 79901-1153

Ship To Information Contact: Sarah Ortiz Address: 9566 Railroad Drive

El Paso, TX 79924 Phone: (915) 212-7769 Email: OrtizSA@elpasotexas.gov

Billing Information Contact: Sarah Ortiz Address: 9566 Railroad Drive

El Paso, TX 79924 Phone: (915) 212-7769 Email: OrtizSA@elpasotexas.gov

Deadline: 10/9/2026 04:00 PM (MT) 2027-0120Page 2 of 39 pages

Bid Attachments

2027-0120 Solicitation Forms.pdf Download

Download, complete, save and upload to the "Response Attachments" tab

W-9.pdf Download

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2027-0120 Bid Submittal & Signature Page.pdf Download

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2027-0120 Bid Form.xlsx Download

Download Excel file, Open file, fill out required fields, save to your computer and upload to the "Response Attachments" tab

Requested Attachments

Upload Completed Bid Form (Attachment required)

Failure to furnish required documentation with the bid will result in the bid being deemed incomplete and non-responsive, resulting in rejection.

Upload Subcontractors Form (Attachment required)

Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

Upload Certification Regarding Discrimination Against Firearm & Ammunition Industries (Attachment required)

Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

Upload Completed CIQ Form (Attachment required)

Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

Upload Certification Regarding Boycotting of Energy Company (Attachment required)

Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

Upload Certification Regarding Terrorist Organizations & Boycotting of Israel (Attachment required)

Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

Upload Indebtedness Affidavit (Attachment required)

Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

Upload Disclosures (Attachment required)

Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

Upload Non-Collusion and Business Disclosure Affidavit (Attachment required)

Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

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Upload W-9 (Attachment required)

Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

Bid Attributes

1 City of El Paso Mission, Vision and Values

MISSION

Deliver exceptional services to support a high quality of life and place for our community

VISION

Develop a vibrant regional economy, safe and beautiful neighborhoods and exceptional recreational, cultural and educational opportunities powered by a high performing government

VALUES

Integrity Respect Excellence Accountability People

2 Organizational Profile

The City of El Paso was incorporated in 1873, and spans over 255 square miles. Located at the confluence of two countries, the United States and

Mexico; and three states, Texas, Chihuahua and New Mexico, the City of El Paso serves just under 700,000 residents. The City of El Paso is the 22nd largest city in the United States and the 6th largest city in Texas.

As part of the largest binational metroplex in the Western Hemisphere, the City of El Paso serves as the epicenter to a global, cultural and economic population of 2.5 million people. Among the fastest growing metropolitan areas in the nation, the City engages in systemic processes, empowering effective planning and increasing efficiency in order to be ready to respond to emerging changes.

The City’s organizational culture embodies the relentless spirit of the El Paso Strong mantra through a proactive commitment to providing a supportive workforce environment, empowering the organization to take care of the community through continuous improvement of service delivery, supporting a high quality of life and place for the community.

3 Expiration Notice

The bidder agrees, to furnish all items [supplies or services] at the prices offered, and delivered at the designated point or points, within the time set forth in the SCHEDULE, if this bid is accepted within ONE HUNDRED TWENTY [120] consecutive days from the date set for the receipt of bids. All bids shall expire on the 120th day after the bids are open unless the City of El Paso requests an extension of the bids in writing and the bidder agrees to extend in writing.

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4 Cost Preparation

This solicitation does not commit the City of El Paso to pay any costs incurred in preparing and submitting a bid or to contract for the services specif ied. This solicitation is not to be construed as a contract or a commitment of any kind, nor does it commit the City of El Paso to pay for any costs incurred in the preparation of a formal presentation, or for any costs incurred prior to the execution of a formal contract.

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5 Public Disclosure of Bid Information

Public Disclosure of Bid Information

Bidders are cautioned that once a bid is opened, all information contained therein will be available to the public unless the information is excepted from the requirements of Government Code Section 552.021 pertaining to Open Records. The exception that allows the City to protect information that, if released, would give advantage to a competitor or bidder does not apply after the bidding is complete and the contract has been awarded. Trade secrets, commercial or financial background data and privileged or confidential information may be excepted from public inspection. If any information contained in your offer qualifies for an exception because it falls into one of the categories above it has to be clearly marked “CONFIDENTIAL” at the top right corner using minimum of 14+ font size and the basis of your claim of confidentiality has to be stated. Data so identified will be maintained as a protected record. Bidders who claim that information contained in a bid should be protected from public disclosure after the award of the contract may be asked to support such claim if the City receives an Open Records request for the information and requests a determination by the Attorney General.

[Rev.6/26/2023]

IMPORTANT NOTICE

N o t e : A n y c h a n g e s i n d u e d a t e o r m a t e r i a l c h a n g e s f o r a n y s o l i c i t a t i o n s w i l l b e p o s t e d o n https://elpasotexas.ionwave.net/CurrentSourcingEvents.aspx

It is the bidder's responsibility to ensure that they have all pertinent information regarding solicitations, including all amendments prior to submitting their bid . For paper submissions, please refer to Ionwave system https://elpasotexas.ionwave.net/Login.aspx to ensure you have viewed and received all amendments prior to submitting your formal bid.

Award for this solicitation will be made by the Purchasing & Strategic Sourcing Director

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6 Hire El Paso First Local Bid Preference

Click to View Hire El Paso First Local Bid Preference

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7 Wage Theft

The City of El Paso Code – Chapter 3.46

3.46.010 Definition

1. Wage Theft Adjudication occurs when:

(1) Employer is criminally convicted as an employer pursuant to Section 61.019 of the Texas Labor Code for failure to pay wages; or

(2) Injunctive relief is granted in district court under Section 61.020 of the Texas Labor Code against the employer for repeated failures to pay wages as required by Chapter 61 of the Texas Labor Code; or

(3) A wage payment determination order becomes final under Section 61.055 or Section 61.060 of the Texas Labor Code; or

(4) The Texas Workforce Commission assesses an administrative penalty under Section 61.053 of the Texas Labor Code against the employer for acting in bad faith in not paying wages as required by Chapter 61 of the Texas Labor Code; or

(5) Employer is convicted for Theft of Service under Section 31.04 of the Texas Penal Code; or

(6) Court of competent jurisdiction finds that an employer engaged in wage theft.

2. Employee and employer have the meanings by Texas Labor Code, Section 61.001.

3. Wages means compensation owed by an employer for labor or services rendered by an employee, whether computed on a time, task piece, commission or other basis.

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4. Wage Enforcement Coordinator shall mean the person designated by the City Manager to receive and investigate claims of wage theft and to create, maintain a Wage Theft database.

5. Wage Theft Complaint means a written complaint filed with the Wage Theft Coordinator alleging any instance of wage theft by an employer.

Section 3.46.020 Wage Theft Coordinator

A. Appointment. The City Manager shall designate a Wage Theft Coordinator to perform the duties identified in this Section.

B. Duties. The Wage Theft Coordinator shall:

1. Wage Theft Adjudication Database- the Wage Theft Coordinator shall create and maintain a database of employers located or operating within the

City of El Paso who have a Wage Theft Adjudication record. The Wage Theft Database will be created on a “complaint basis” and populated with information provided by third parties. The Wage Theft Coordinator shall be under no obligation to investigate wage theft or to prosecute complaints.

2. Substantiate whether a proposed party to a City Contract has a Wage Theft Adjudication record or part of the Wage Theft Adjudication Database.

3. Receive, review, and process wage theft complaint according to the process established in Section 3.46.040.

4. Coordinate with the Purchasing Director to ensure that the notice of the City’s Wage Theft ordinance is included in all the City’s bid documents.

5. Provide and present an annual report to City Council regarding the number of employers in the Wage Theft Adjudication Database and an update on the status of the enforcement of the City’s Wage Theft ordinance.

Section 3.46.030 Wage Theft Adjudication Database

A.Inclusion in Database. No employer shall be included in the database until the Wage Theft Coordinator has:

1. Confirmed that an employer has a Wage Theft Adjudication record;

2. Provided written notice at the address provided by the complainant, or on the documents evidencing the wage theft adjudication of the inclusion of the employer in the Wage Theft Adjudication Database.

3. Allowed the employer thirty (30) days from the date of the notice to protest the employer’s inclusion in such database and provide the Wage Theft

Coordinator evidence that the employer should not be included in the Wage Theft Adjudication Database. In the case of a wage theft judgment, the

Wage Theft Coordinator shall not include the employer in the Database upon proof of full payment of outstanding wage theft adjudication judgment.

B. Identity of Employer. An employer operating as a business entity shall be listed by its corporate name, address and type of business organization. If the employer is an individual, the person’s name, business address, type of business or occupation shall be included.

C. Removal from Database. An employer shall be removed from the database if:

1. A Wage Theft Adjudication has been annulled, withdrawn, overturned, rescinded or abrogated, and such fact has been confirmed by the Wage

Theft Coordinator; or

2. Employer provides proof of full payment of an outstanding wage theft adjudication judgment; or

3. Five (5) years or more has elapsed since the date of the employer’s most recent Wage Theft Adjudication.

Section 3.46.040 Wage Theft Complaints Procedure

A. Non- City Contracts. If no City contract is involved, the Wage Theft Coordinator shall assist persons with wage theft complaints by referring the complaint to the Texas Workforce Commission.

B. City Contracts.

1. Filing a Complaint. A person employed in connection with a city contract who has a good faith belief that he is the victim of wage theft may file a wage theft complaint with the Wage Theft Coordinator in writing. The complaint shall contain fact including but not limited to: identity of the employer, date(s) on or during which the wages were earned and were due to be paid, the amount of the wages alleged to have been withheld or unpaid.

2. Notification and Resolution of the Complaint. The Wage Theft Coordinator shall notify the employer of the receipt of the wage theft complaint.

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Employer shall attempt to resolve the alleged issue with the affected employee by written agreement within thirty (30) days from the receipt of the City notification. Employer shall notify the Wage Theft Coordinator if the issue was resolved between the Employer and the affected employee.

3. Texas Workforce Commissions.

(a) If no resolution is achieved, the complainant shall be referred to the Texas Workforce Commission (“Commission”).

(b) The Wage Theft Coordinator shall seek to determine status of the complaint at the commission. The Wage Theft Coordinator shall place Employer in the Wage Theft Adjudication Database if it appears that the Commission has made a finding that wage theft occurred.

Section 3.46.050 Retaliation Prohibited

A. No City Contractor shall retaliate against any person who has filed a wage theft complaint pursuant to this Chapter. Retaliation means action to discharge from employment, discipline, or otherwise punish an employee for filing a wage theft complaint in good faith.

B. If the Wage Theft Coordinator determines that retaliation has occurred, the Wage Theft Coordinator shall refer the matter to the City Attorney for appropriate action.

Section 3.46.060. Sanctions And Penalties- City Contracts

A. Existing City Agreement.

1. In the event the City becomes aware of the fact an Employer acting under a contract which was awarded prior to the effective date of this

Ordinance has been adjudicated for wage theft, the City may terminate the contract.

2. Prior to terminating the contract the City will provide Employer with thirty (30) days’ notice and opportunity to provide full proof of payment of outstanding wage theft adjudication judgment.

3. The award of future City contracts after termination of an existing contract due to an Employer’s wage theft adjudication shall be managed as a

New City Agreement in this section.

B. New City Agreement.

1. In the event the City becomes aware an Employer with a wage theft adjudication record has submitted a bid or proposal for City work prior to the award of a contract, the City shall deem the Employer non-responsible and refuse to enter into a City Agreement with such Employer for a period of five (5) years after the date of final adjudication.

2. Prior to deeming the Employer as non-responsible, the City will provide the Employer with thirty (30) days’ notice and opportunity to provide full proof of payment of outstanding wage theft adjudication judgment.

8 Cooperative Purchasing

This contract may be utilized for purchases by other local government entities under an interlocal cooperation agreement, Texas Government Code

Chapter 791. Any contract award by the City of El Paso on behalf of another local government entity shall be contingent upon the issuance of a purchase order or execution of a separate contract by the other local government entity. The Contractor must deal directly with the local government entity concerning the placement of orders, issuance of the purchase order, insurance certificates, contractual disputes, invoicing and payment or any other terms and conditions that the other local government entity may require. The actual utilization of this contract award by the other local government entity is at the sole discretion of that other local government entity.

The City of El Paso is acting on the behalf of other local government entities for the sole purpose of complying with Texas competitive bidding requirements and shall not be held liable for any costs, damages, etc. incurred by any bidder with regard to any purchase by another local government entity. The City of El Paso shall be legally responsible only for payment for goods and services in the quantities detailed in the City’s own purchase order or contract.

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9 Notes - Special Terms and Conditions

Notes - Special Terms and Conditions

1. Expenditures under this contract may not exceed $49,999.99 per annum or an aggregate of $100,000 for multiple years.

2. Bidders are required to submit bids on the prescribed form(s) (unaltered). Bids submitted on other than the prescribed form(s) may be considered incomplete or non-responsive. Failure to furnish required documentation with the bid may result in the bid being deemed incomplete and non-responsive, resulting in rejection.

3. The City is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the City, and the City will not be responsible for locating or securing information not included with the bid. In conducting its assessment the City may use data provided by the bidder and data obtained from other sources, but while the City may elect to consider data obtained from other sources the burden of providing thorough and complete information rests with the bidder.

4. The City may accept the lowest responsible and responsive bid based on the tabulation of any one, combination or all of the base bid(s), alternate bid(s), and/or optional bid(s) based on the most advantageous project bid that is desired by the City department involved and that the City Council in their sole judgment determines is in the City’s best interest and benefit.

5. At any time during the term of the contract the Purchasing Director or designated personnel may increase or decrease the scope of supplies and or services as he may find necessary to accomplish the general purpose of the contract.

6. Bidder must submit with their bid a copy of the company's organization certificate issued by the Secretary of State of the State in which the bidder/proposer was organized. Also, a DBA certificate must be provided if the bidder used a trade name in the solicitation documents other than the name under which the company was organized. Further, the bidder must fill out the affidavit in this solicitation stating what names the company uses and has used in the past and attest that all such names describe the company currently submitting a bid.

7. Accuracy of estimated quantities – the City believes that the numbers used as item quantities to be a reasonably accurate estimate; however, the actual quantity may be more or less than the estimate, and shall not be the basis for any change in the contract per unit price. Additionally, estimates are minimums, but not guaranteed minimums, and the contract cost can increase so long as the unit costs remain the same and increased funds are appropriated in the budget.

8. Any manufacturer names, trade names, brand names, or catalog numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality and design required. They are in no way intended to prohibit the bidding of other manufacturers

'items of equal material and quality or meant to exclude any other make and model from being considered. Vendors who wish to bid a functionally equivalent item(s) which meets or exceeds the specifications must furnish with the bid descriptive literature containing sufficient information to determine product compliance.

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Cone of Silence

Cone of Silence/Anti Lobbying Policy

The City’s Cone of Silence/Anti Lobbying Policy was adopted to ensure a fair and competitive bidding environment by preventing communication between City officials, employees, or representatives and parties involved in the bidding process that could create an unfair advantage to any party with respect to the award of a City contract.

During the period of in which the City has issued a solicitation, including a competitive bid, request for proposal (RFP), request for qualifications (RFQ), highest qualified bid (best value), competitive sealed proposals, design-build, public-private partnership, any other type of solicitation required by law, or the giving of a notice of a proposed project, which shall begin on the day that is advertised and end on the date that the notice of the award has been posted by the City Clerk for placement on the agenda, no person or registrant shall engage in any lobbying activities with City officials and employees.

For an unsolicited or competing proposal for a public-private partnership, the period in which no person or registrant shall engage in any lobbying activities with City officials and employees shall begin on the date that the City receives a notice of intent to submit an unsolicited proposal and end on the date the notice of award has been posted by the City clerk for placement on the agenda.

If contact is required with City employees, such contact will be done in accordance with procedures incorporated into the solicitation document and the

City's contracting policies. Any person or entity that violates this provision may be disqualified in accordance with Section 2.94.130 of this chapter.

Furthermore, any person who knowingly or intentionally violates the provisions of this policy, with respect to the solicitation or award of a discretionary contract may be prohibited by the City council from entering into any contract with the City for a period not to exceed three years.

The Cone of Silence/Anti Lobbying Policy prohibits any communication or lobbying activities during the Cone of Silence period, by any person, including but not limited to, bidders, lobbyists or consultants of bidders, service providers or potential vendors and any the following:

1. City Staff and City Consultants, including any employee of the City of El Paso, any person retained by the City of El Paso as a Consultant on the project, or any person having participated in the development, design, or review of documents related to the project.

2. City Officials, including the Mayor, Council Representatives and their respective staff.

3. Members of the City’s Selection Committee, whether City employees or outside experts appointed or selected by the City.

The Cone of Silence/Anti Lobbying Policy does not apply to:

1. Questions of Process and Procedure, including oral communications with the Purchasing Director or Bid Administrator, provided the communications are strictly limited to matters of process or procedure already contained in the solicitation document. A minimum of ten days will be provided for questions during solicitation unless otherwise stated in the Solicitation Schedule of Events in the documents.

2. Pre-Proposal/Pre-Bid Conferences, including oral communications at pre-proposal or pre-bid conferences, oral presentations before selection committees, contract negotiations, and public presentations made to the Mayor and Council Representatives during a duly noticed public meeting.

3. Written Communications, to the Purchasing Analyst/Agent identified in the solicitation.

Requests for Clarifications

In order to meet the City’s schedule for awarding this requirement it is extremely important that requests for clarification or additional information, or requests for a change in the specifications, be submitted in the online bidding system no later than the date indicated in the Schedule of Events for this solicitation. Questions submitted after this date may not elicit a response.

Bidders shall promptly notify the Purchasing & Strategic Sourcing Department of any ambiguity or inconsistency which they may discover upon examination of a solicitation document. During the bid process, bidders shall not contact any City staff except those designated in this solicitation or in subsequent documentation. Non-compliance with this provision may result in rejection of the bid involved.

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Payment Terms and Conditions

NOTE: All vendors must accept an ACH payment effective immediately. If awarded a contract or order, an approved account is needed to complete contract execution and process future payments. A secure link to our PaymentWorks system will be provided to the point of contract in the bid submission.

Advance Payments

All contract payments shall be made in accordance with the Contract’s invoice payment terms. The City of El Paso will make no advance payments for the goods and/or services that are subject of this bid unless otherwise noted in the Form of Contract. Invoices may be submitted on no more than a monthly basis. Invoices submitted for services rendered shall be forwarded to the address indicated on the "Bill to Information" located on the "Event

Details" tab .

Prompt Payment

Payments will be made to the Contractor within thirty (30) days following acceptance of goods or services, or receipt of a properly prepared invoice by the City Department identified in the Invoice Instructions set forth on the Purchase Order, whichever is later. Payments will be considered to have been made on the date electronic funds are transferred.

Federal Excise Tax the City is entitled to a deduction for federal excise tax if it is included on the manufacturer’s published price list for applicable items, and contractor must invoice accordingly. A federal tax exemption certification will be provided by the City, upon request.

Late Payment fees will incur at the State of Texas statutory rate.

City’s Required Delivery

City’s Required Delivery shall be made within seven (7) consecutive calendar days subsequent to the Contract Administrator request.

In cases of emergency delivery must be made within twenty-four (24) hours.

Delivery Receipt and Returns

Receipt and Documentation:

An official City Purchase Order is required prior to making any deliveries.

Contractors will make reference to City Purchase Order number if applicable on all invoices. This will serve as an accounting check for parts received.

Returned Items:

Defective item shall be returned as soon as possible and replaced, or returned for full credit, if correct item is not available.

Incorrect item shall be returned as soon as possible and replaced, or returned for full credit, if correct item is not available.

Contractor shall be responsible for freight to return defective or incorrect items.

The City will only accept responsibility for re-stocking fees that are the result of an ordering error made by the City.

Emergency Delivery and Requirements

Emergency delivery (After-hours, Holidays, and Weekends) of parts may be required in some instances. The contractor must be able to respond and provide such parts. The contractor will be compensated the actual cost of premium time and transportation, to effect emergency delivery, when specifically authorized by the ordering department. The contractor is asked to provide after-hours/emergency contact(s).

[section continued]

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Emergency Delivery Contact Person

(Required: Maximum 1000 characters allowed)

Emergency Delivery Contact Phone

(__ __ __) __ __ __ - __ __ __ __ ext:

(Required)

Emergency Delivery Contact Email Address

(Required: Email address)

Emergency Delivery Alternate Contact Person

(Required: Maximum 1000 characters allowed)

Emergency Delivery Alternate Contact Phone

(__ __ __) __ __ __ - __ __ __ __ ext:

(Required)

Emergency Delivery Alternate Contact Email Address

(Required: Email address)

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General Conditions

1. Minimum Specifications: The specifications listed are to be interpreted as meaning the minimum required by the City. Bidder commits to provide goods/services that are consistent with the City's specifications in every regard unless an exception is clearly noted. The City may accept a bid subject to an exception if, in the sole judgment of the City, the bid meets or exceeds the City's specifications. If the goods/services offered do not meet or exceed the City's specifications because of the exception, the City will consider the bid non-responsive.

2. Safety and Capacity Inspections: The City reserves the right to conduct safety and capacity inspections of facilities, equipment, and staff prior to the award and periodically during the contract term. If, in the sole discretion of the City, a vendor is deemed to have inadequate safety equipment and/or procedures, has a track record of safety violations, or has insufficient capacity to honor the contract requirements then the vendor may be declared non-responsible.

3. Contracting Officer (CO) and Contracting Officer’s Representative (COR): Acceptance of services will be the responsibility of the Contracting

Officer (CO), who also serves as City of El Paso Purchasing Director, or designee. The Contracting Officer is responsible for final approval and acceptance of all services rendered. Upon contract execution, the Contracting Officer will delegate a Contracting Officer’s Representative (COR) and

Department Contracts Administrator(s) (DCAs) to assist with the administration of the resultant Contract.

4. Contract Performance: The Bidder shall be responsible for the completion of all work set out in the Contract and task orders. All work is subject to inspection, evaluation, and acceptance by City of El Paso. City of El Paso may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the Contract.

5. Materials and Fabrication: Details of construction and materials, where not otherwise specified, are left to the discretion of the manufacturer, provided that only materials and workmanship of the highest quality are to be used, and best commercial practice is adhered to in the fabrication of the unit(s). Except as otherwise specified herein, the manufacturer shall be solely responsible for design and construction of the product to meet the stated performance criteria.

6. Reference to Brand Names: Any manufacturer names, trade names, brand names, or catalog numbers used in these specifications are for the purpose of describing and establishing minimum requirements or level of quality and design required, and are in no way intended to prohibit the bidding of other manufacturers' item of equal material and quality.

Disclosures

Bidder to disclose and describe any prior or pending litigation, acquisitions/mergers, civil or criminal, involving a governmental agency or which may affect the performances of the services to be rendered. This includes any instances in which the Bidder or any of its employees, subcontractors, or sub-consultants is or has been involved within the last three years for those applicable items.

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Scope of Work

Preventive maintenance for a dairy laboratory analyzer to include routine servicing of the instrument to keep it accurate, reliable, clean, and in good working order before issues occur.

The preventative maintenance for the FLM300 should include:

• Disassembling instrument components or panels

• Inspecting internal electrical, mechanical, optical, pneumatic, and heating systems

• Diagnosing instrument faults and error codes

• Replacing internal parts such as sensors, boards, motors, pumps, probes, filters, lamps, tubing, seals, or wiring as needed

• Annual replacement of both excitation and emission filters. That is one of the clearest scheduled PM items in the FLM300 guide.

• Fuse check/replacement when indicated, using the specified 5 x 20 mm, 250V, time-delay,1-Amp fuses.

• Performing alignment and mechanical adjustments

• Verifying and adjusting temperatures, timing, pressure, optics, or motion settings

• Performing calibration setup or service calibration procedures

• Conducting operational and performance checks after service

• Installing firmware or software updates when applicable

• Documenting service performed, parts replaced, and final instrument status

The preventative maintenance for the 4250 should include:

• Cleaning the sample probe and stir/freeze wire

• Inspecting and replacing internal electrical, mechanical, optical, pneumatic, and refrigeration systems as needed

• Checking probe and stir/freeze wire alignment with the alignment tool

• Checking and replacing fuses, drain tubing assembly as necessary

• After any alignment change, checking stir/freeze amplitude and then checking/readjusting calibration as necessary

• Providing replacement parts (if needed), reagents, and consumables to perform the PM service

Exceptions to Specifications

Except as set forth below, the Bidder/Offeror agrees it will perform the services under this Solicitation to the minimum standards set forth in the specifications for this solicitation.

Offeror takes the following exceptions to the specifications set forth above:

(Optional: Maximum 1000 characters allowed)

Contract Clauses

Contract Clauses (Terms & Conditions)

1. TERM OF CONTRACT

Under which the City shall order all of its supplies and/or services described in specifications from the successful bidder, hereinafter referred to as the

Contractor, for the duration of the contract.

In the event the City has not obtained another service contractor by the expiration date of the term contract, the City, at its discretion, may extend the contract on a month-to-month basis not to exceed six (6) months or until a new contract is awarded.

The term of this agreement shall be for thirty-six (36) months commencing on the date the Contractor receives a written Notice of Award. Delivery of the Notice of Award shall be by email..

2. INVOICES & PAYMENTS

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A. The Contractor will submit invoices, in single copy, on each contract after each delivery. Invoices covering more than one purchase order will not be accepted.

B. Invoices will be itemized, including serial number of unit; transportation charges, if any, will be listed separately.

C. Invoices will reflect the Contract Number and the Purchase Order Number.

D. Do not include Federal Tax, State Tax, or City Tax. The City will furnish a tax exemption certificate upon request.

E. Discounts will be taken from the date of receipt of goods or date of invoice, whichever is later.

F. A copy of the bill of lading and the freight waybill when applicable will be attached to the invoice.

G. Payment will not be due until the above instruments are submitted after delivery and acceptance.

H. Mail invoices to the City Department indicated in the Invoice Instructions set forth on the Purchase Order.

I. Contractor shall advise the Comptroller of any changes in its remittance addresses.

3. CONTRACTUAL RELATIONSHIP

Nothing herein will be construed as creating the relationship of employer and employee between the City and the Contractor or between the City and the Contractor's employees. The City will not be subject to any obligations or liabilities of the Contractor or his employees incurred in the performance of the contract unless otherwise herein authorized. The Contractor is an independent Contractor and nothing contained herein will constitute or designate the Contractor or any of his employees as employees of the City. Neither the Contractor nor his employees will be entitled to any of the benefits established for City employees, nor be covered by the City's Workers' Compensation Program.

4. INDEMNIFICATION [Rev. 04-15-99] [Rev. 01-04-04] [Rev. 10-19-18]

Contractor or its insurer will INDEMNIFY, DEFEND AND HOLD the City, its officers, agents and employees, HARMLESS FOR AND AGAINST ANY AND

ALL CLAIMS, CAUSES OF ACTION, LIABILITY, DAMAGES OR EXPENSE, (INCLUDING BUT NOT LIMITED TO ATTORNEY FEES AND COSTS) FOR ANY

DAMAGE TO OR LOSS OF ANY PROPERTY, OR ANY ILLNESS, INJURY, PHYSICAL OR MENTAL IMPAIRMENT, LOSS OF SERVICES, OR DEATH TO ANY

PERSON ARISING OUT OF OR RELATED TO THIS AGREEMENT, even where such damage, injury, loss, illness, physical or mental impairment, loss of service, or death results from or involves NEGLIGENCE, or allegations of negligence on the part OF THE CITY, its officers, agents, or employees.

Without modifying the conditions of preserving, asserting or enforcing any legal liability against the City as required by the City Charter or any law, the

City will promptly forward to Contractor every demand, notice, summons or other process received by the City in any claim or legal proceeding contemplated herein. Contractor will 1) investigate or cause the investigation of accidents or occurrences involving such injuries or damages; 2) negotiate or cause to be negotiated the claim as the Contractor may deem expedient; and 3) defend or cause to be defended on behalf of the City all suits for damages even if groundless, false or fraudulent, brought because of such injuries or damages. Contractor will pay all judgments finally establishing liability of the City in actions defended by Contractor pursuant to this section along with all attorneys' fees and costs incurred by the City including interest accruing to the date of payment by Contractor, and premiums on any appeal bonds. The City, at its election, will have the right to participate in any such negotiations or legal proceedings to the extent of its interest. The City will not be responsible for any loss of or damage to the

Contractor's property from any cause.

5. GRATUITIES

The City may, by written notice to the Contractor, cancel this contract without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of El Paso with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making or any determinations with respect to the performing of such a contract. In the event this contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the

Contractor in providing such gratuities.

6. WARRANTY-PRICE

A. The price to be paid by the City will be that contained in the Contractor's bid which the Contractor warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by this contract for similar quantities under similar or like conditions and methods of purchase. In the event Contractor breaches this warranty the prices of the items will be reduced to the Contractor's current prices on orders by others, or in the alternative, the City may cancel this contract without liability to Contractor for breach or Contractor's actual expense.

B. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the City will have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

7. RIGHT TO ASSURANCE

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Whenever one party to this contract in good faith has reason to question the other party's intent to perform, he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) calendar days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

8. TERMINATION [Rev. 06/07/97] [1/10/2020]

A. Termination for Convenience

The City of El Paso may terminate this contract, in whole or in part, at any time by written notice to the Contractor. The Contractor will be paid its costs, including the contract close out costs, and profit on work performed up to the time of termination. The Contractor will promptly submit its termination claim to the City of El Paso to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of El Paso, the

Contractor will account for the same, and dispose of it in the manner the City of El Paso directs.

B. Termination for Default

If the Contractor fails to comply with any provision of the contract the City of El Paso may terminate this contract for default. Termination shall be effected by serving a notice of intent to terminate the contract setting forth the manner in which the Contractor is in default. The Contractor will be given an opportunity to correct the problem within a reasonable time before termination notice is rendered. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

The City shall have the right to immediately terminate the Contract for default if the Contractor violates any local, state, or federal laws, rule or regulations that relate to the performance of this Agreement.

C. Termination for Failure to Comply with Subchapter J, Chapter 552, Government Code.

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Contract and the Contractor or vendor agrees that the Contract can be terminated if the Contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

9. ADDITIONAL REMEDIES [New 12/96]

If the City terminates the contract because the Contractor fails to deliver goods as required by the contract, the City shall have all of the remedies available to a buyer pursuant to the UNIFORM COMMERCIAL CODE including the right to purchase the goods from another vendor in substitution for those due from the Contractor. The cost to cover shall be the cost of substitute goods determined by informal or formal procurement procedures as required by the Local Government Code. The City may recover the difference between the cost of cover and the contract cost by deducting the same from amounts owed to Contractor for goods delivered prior to termination or any other lawful means.

10. TERMINATION FOR DEFAULT BY CITY [Rev. 06/09/97]

If the City fails to perform any of its duties under this contract, Contractor may deliver a written notice to the Purchasing Director describing the default, specifying the provisions of the contract under which the Contractor considers the City to be in default and setting forth a date of termination not sooner than 90 days following receipt of the Notice. The Contractor at its sole option may extend the proposed date of termination to a later date. If the City fails to cure such default prior to the proposed date of termination, Contractor may terminate its performance under this Contract as of such date.

11. FORCE MAJEURE [Rev. 06/07/97]

If, by reason of Force Majeure, either party hereto will be rendered unable wholly or in part to carry out its obligations under this Contract then such party will give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, will be suspended for only thirty

(30) days during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party will try to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, will mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals. It is understood and agreed that the settlement of strikes and lockouts will be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure will be remedied with all reasonable dispatch will not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. If a party is unable to comply with the provisions of this contract by reason of Force Majeure for a period beyond thirty days after the event or cause relied upon, then upon written notice after the thirty (30) days, the affected party shall be excused from further performance under this contract.

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12. ASSIGNMENT-DELEGATION

No right or interest in this contract will be assigned or delegation of any obligation made by the Contractor without the written permission of the City.

Any attempted assignment or delegation by the Contractor will be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

13. WAIVER

No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

14. INTERPRETATION-PAROL EVIDENCE

This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their contract. No course of prior dealings between the parties and no usage of the trade will be relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this contract, the definition contained in the Code is to control.

15. APPLICABLE LAW

The law of the State of Texas will control this contract along with any applicable provisions of Federal law or the City Charter or any ordinance of the

City of El Paso.

16. ADVERTISING

Contractor will not advertise or publish, without the City's prior consent, the fact that the City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

17. AVAILABILITY OF FUNDS

The awarding of this contract is dependent upon the availability of funding. In the event that funds do not become available the contract may be terminated or the scope may be amended. A 30-day written notice will be given to the vendor and there will be no penalty nor removal charges incurred by the City.

[section continued]

Contract Clauses

18. VENUE

Both parties…