REQUEST FOR BIDS

2027-09

PROCESSING, MARKETING AND SALE OF RECYCLABLE

ELECTRONIC WASTE

City of Edinburg

415 W. University Drive

Edinburg, TX 78541

RELEASE DATE: September 30, 2026

DEADLINE FOR QUESTIONS: October 9, 2026

RESPONSE DEADLINE: October 20, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofedinburg https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Edinburg

REQUEST FOR BIDS

Processing, Marketing and Sale Of Recyclable Electronic Waste

I. Introduction II. Legal Notice

III. Instructions, Terms and Conditions IV. Specifications V. Vendor Questionnaire

VI. Pricing Proposal

Attachments:

B - Rules for Electronic Bidding

Request for Bids #2027-09 Title: Processing, Marketing and Sale Of Recyclable Electronic Waste

1. Introduction

1.1. Summary

The City of Edinburg (COE) Department of Solid Waste Management, hereinafter referred to as the

"City," is soliciting sealed bids from highly qualified and experienced entities for the comprehensive processing and marketing of recyclable electronic waste. The selected Respondent shall be responsible for the secure receiving, sorting, processing, storing, marketing, selling, and transporting of e-waste collected from:

• The City’s Drop-Off Center;

• The Commercial Recycling Collection Program; and

• The Office Recycling Programs.

The primary objective is to ensure environmentally responsible disposal and the guaranteed permanent destruction of all sensitive data in strict accordance with the standards set forth in this Bid.

1.2. Contact Information

Dalinda Cardenas

Administrative Specialist

PO Box 1079

8601 N. Jasman Rd

Edinburg, TX 78540

Email: dcardenas@cityofedinburg.com

Phone: (956) 381-5635

Department:

Solid Waste

Department Head:

Ramiro Gomez

Solid Waste Director

1.3. Timeline

Release Project Date September 30, 2026

Question Submission Deadline October 9, 2026, 3:00pm

Proposal Submission Deadline October 20, 2026, 3:00pm mailto:dcardenas@cityofedinburg.com tel:(956)381-5635

2. Legal Notice

2.1. Notice to Respondents

The City of Edinburg is soliciting competitive sealed bids from qualified vendors for Processing, Marketing and Sale Of Recyclable Electronic Waste

Sealed Bids should be submitted electronically or received by the City Secretary’s Office no later than:

3:00 pm, Tuesday, October 20, 2026.

All sealed bids should be received either electronically or at the designated location or by the deadline shown above/ Bids received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable.

All bids will be opened and bidder's names publicly read aloud promptly in the City Hall Community

Room, 1st Floor, at 415 W. University Dr. Edinburg, TX 78539 at 3:00 pm, Tuesday, October 20, 2026.

To obtain a copy of the Invitation to Bid or submit an electronic proposal please visit:

https://procurement.opengov.com/portal/cityofedinburg

If a Bidder chooses to submit a Hard Copy Bid, it must be delivered in a sealed envelope, with a return address and clearly marked "City of Edinburg Bid. 2027-09" to the City Secretary's Office prior to the bid opening date and time. The receiving time in the City Secretary's Office will be the governing time for acceptability of the bids. The Bidder's firm name shall appear on the outside of the envelope.

Submit Bids To:

If submitting Electronic:https://procurement.opengov.com/portal/cityofedinburg

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

Bids will not be accepted by telephone or facsimile machine. All bids must bear original signatures and figures.

If you have any questions o require additional information regarding this bid, you may contact Lorena

Fuentes, Interim Purchasing Manager, please submit your questions via OpenGov at the website listed above no later than 3:00 pm, Friday, October 9, 2026

The City of Edinburg reserves the right to refuse and reject any or all Bids and to waive any or all formalities or technicalities and to accept the Bid deemed most advantageous to the City, and hold the

Bids for a period of 60 days without taking action.

https://procurement.opengov.com/governments/portal/cityofedinburg https://procurement.opengov.com/governments/portal/cityofedinburg

3. Instructions, Terms and Conditions

3.1. Instructions to Bidders

PURPOSE

The purpose of these solicitation documents is to provide a Bids for: Processing, Marketing and Sale Of

Recyclable Electronic Waste

The ITEMS to be furnished under this bid shall be as specified in these bid documents. All specifications/requirements shown are minimum. There is no intention to disqualify any bidder who can meet these specifications/requirements.

SUBMITTAL OF "HARD COPY" BID

If submitting a Hard Copy Bid, it must be submitted in a sealed envelope by the vendor. Submit two (2) complete sets of the bid, one (1) original marked "ORIGINAL" and one (1) digital copy in a flash drive.

Each bid must be completely filled out and SUBMITTED IN ORIGINAL FORM complete with all the supporting documentation

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

If submitting Electronic:https://procurement.opengov.com/portal/cityofedinburg

PREPARATION OF BID

Bids MUST give full firm name and address of bidder, and be manually signed. Failure to do so will disqualify your bid. Person signing bid must show title or AUTHORITY TO BIND HIS/HER FIRM IN A

CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent/Bidder whether corporation, partnership, or individual, shall also be stated in the bid. A corporation shall execute the bid by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Respondent/Bidder shall give full names and addresses of all partners. All partners shall execute the bid. Partnership and Individual Respondent/Bidder shall state in the bid the names and addresses of all persons with a vested interest therein. The place of residence of each

Respondent/Bidder, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature.

DEVIATION FROM SPECIFICATION

Please read your specifications/requirements thoroughly and be sure that the ITEMS offered comply with all specifications/requirements. Any variation from the specifications/requirements must be clearly indicated by letter attached to your bid referencing variations on a point-by-point basis. If no exceptions are noted, and you are the successful bidder, it will be required that the ITEMS be provided as specified.

ALTERATIONS/AMENDMENTS TO BID

https://procurement.opengov.com/portal/cityofedinburg

Bids CANNOT be altered or amended after opening time. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. No bid may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Edinburg.

SALES TAX

State sales tax must not be included in the bid.

SUBSTITUTIONS

No substitutions or cancellations will be permitted without written approval of City of Edinburg.

NO BID RESPONSE

If unable to submit a bid, bidder should return inquiry giving reasons.

EXCEPTIONS

Any additions, deletions, or variations from the following specifications/requirements must be noted.

The bidder shall attach to his/her bid sheet a list of any exceptions to the specifications/requirements if unable to do so, on specification sheet.

BRAND OR MANUFACTURER REFERENCE

Unless otherwise specified, any catalog or manufacturer’s reference or brand name used in describing an item is merely descriptive, and not restrictive, and is used only to indicate type and style of product desired. Bids on alternate brands will be considered if they meet specification requirements. If a bidder quotes on equipment other than the one(s) specified in the bid, sufficient specifications and descriptive

(pictured literature) data must accompany same to permit thorough evaluation. In the absence of these qualifications, he/she will be expected to furnish the product called for.

DELIVERY

Number of days required to deliver ITEMS after receiving order must be stated in the bid. Failure to so state will obligate bidder to complete service delivery within ONE day.

DELAY IN SERVICE DELIVERY

When delay can be foreseen, Bidder shall give prior notice to City of Edinburg. Bidder must keep City of

Edinburg advised at all times of status of order. Default in promised service delivery (without acceptable reasons) or failure to meet specifications/requirements, authorizes the City of Edinburg to purchase such ITEMS elsewhere and charge increase in cost to defaulting vendor. Acceptable reasons for delayed delivery are as follows: Acts of God (floods, tornadoes, hurricanes, etc.), acts of government, fire, strikes, war; Actions beyond the control of the successful bidder.

SERVICE DELIVERED PRICING

Bids in units of quantity specified - extend and show total. In the event of discrepancies in extension, unit prices will govern. Bids subject to unlimited price increase will not be considered.

RIGHT TO REJECT/AWARD

The City of Edinburg reserves the right to refuse and reject any or all Bids, and to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of Edinburg.

MULTIPLE VENDOR CONTRACTS

Bidders are advised that the City of Edinburg may award Service Contracts to multiple vendors based on low bid per item basis. All items specified on the “Bid Form” must reflect the individual unit prices. The

City of Edinburg reserves the right to award all items individually or in any combination thereof.

INDEMNIFICATION CLAUSE

The Bidder agrees to indemnify and save harmless the City, from all suits and actions of every nature and description brought against them or any of them, for or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Purchasing

Agent, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

ADDENDA

Bidder shall carefully examine the bid forms, specifications/requirements, and instructions to Bidders.

Should the bidder find discrepancies in, or omissions from bid forms, specifications/requirements, or other documents, or should he/she be in doubt as to their meaning, he/she should request an interpretation via the OpenGov portal:https://procurement.opengov.com/portal/cityofedinburg and obtain clarification by addendum prior to submitting any bid. Explanations, interpretations, and supplemental instructions shall be in the form of written Addenda which shall become a part of the

Contract documents. Said Addenda shall available through the e-procurement portal and e-mailed to all prospective Bidders. All Addenda issued in respect to this project shall be considered official changes to the original bid documents. Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be the Bidder(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, Bidders are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their

Bid Submittal if submitting a Hard Copy Solicitation. Electronic submittals should be acknowledged through OpenGov. Bidder(s) signature on Addenda shall be interpreted as the bidder’s “recognition and compliance to” official changes as outlined by the City of Edinburg and as such are made part of the original solicitation documents. Failure of any bidder to receive any such addendum or interpretation shall not relieve such Bidder from its terms and requirements. The City may issue a written addendum no later than five calendar days prior to the date bids must be received. Addendums are available online at https://procurement.opengov.com/portal/cityofedinburg

PAYMENT

The City of Edinburg will execute payment by mail in accordance with the State of Texas Pay Law after

ITEMS have been provided and invoiced. No other method of payment will be considered.

SYNONYM

Where in this bid package ITEMS is used, its meaning shall refer to the Processing, Marketing and Sale Of

Recyclable Electronic Waste as specified.

ASSIGNMENT

Neither the Bidder’s contract nor payment due to an awarded vendor may be assigned to a third party without the written approval of the Purchasing Department for the City of Edinburg.

BIDDER’S EMPLOYEES

Neither the Bidder nor his/her employees engaged in fulfilling the terms and conditions of this Purchase

Contract shall be considered employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right of inspection of said undertakings at any time.

INTERPRETATIONS

Any questions concerning the conditions and/or specifications/requirements with regards to this solicitation for Bids shall be directed to the e-procurement portal as outlined in the Request for Bids.

Such interpretations, which may affect the eventual outcome of this request for Bids, shall be furnished in writing to all prospective Bidders via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Edinburg in accordance with paragraph entitled “Addenda”.

STATUTORY REQUIREMENTS

It shall be the responsibility of the successful Bidder to comply with all applicable State & Federal laws, Executive Orders and Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over the work to be performed hereunder and such shall apply to the contract throughout, and that they will be deemed to be included in the contract as though written out in full in the contract documents. (To include issues related to health, environmental, and safety to name a few.)

RIGHT TO WAIVE

City of Edinburg reserves the right to waive or take exception to any part of these specifications/requirements when in the best interest of the City of Edinburg.

COOPERATIVE PRICING

Bidders are advised that in addition to responding to our “local” solicitation for bids/Bids with Dealer pricing, vendors/contractors are encouraged to provide pricing on the below referenced items/products/services based on BuyBoard, TX-MAS, H-GAC and/or any other State of Texas recognized and approved cooperative which has complied with the bidding requirements for the State of Texas. If bidding other than or in addition to “dealer” pricing, kindly duplicate the bid forms for each bid being provided from a cooperative contract. Any and all applicable fees must be included. All cooperative pricing must be submitted on or before bid opening date and hour.

VALID BID TIME FRAME

The City of Edinburg may hold bids 60 days after the opening of Bids without taking action. Bidders are required to hold their Bids firm for same period of time.

PREPARATION OF BID

The City of Edinburg shall not be held liable for any costs incurred by any bidder for work performed in the preparation of and production of a bid or for any work performed prior to execution of contract.

CONFIDENTIAL INFORMATION

Any information deemed to be confidential by the bidder should be clearly noted on the pages where confidential information is contained; however, the City cannot guarantee that it will not be compelled to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the bidder may not be considered confidential under Texas Law, or pursuant to a

Court order.

VERBAL THREATS

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason and/or reasons shall be considered a breach of contract and the City will immediately sever the contract with the Vendor on contract.

MATHEMATICAL ERRORS

In the event that mathematical errors exist in any bid unit prices/rates will govern.

AUDIT

The City of Edinburg reserves the right to audit the vendor’s books and records relating to the performance of this contract. The City of Edinburg, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours’ advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the Supply/Service and/or Purchase Contract. If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

PAST PERFORMANCE

Vendor’s past performance shall be taken into consideration in the evaluation and award of Service

Contract for the Purchase of ITEMS.

JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the

State of Texas. Any and all obligations and payments are due and performable and payable in Hidalgo

County, Texas.

VENUE

The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Hidalgo County, Texas.

CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS

The City may give local vendors, whose principal place of business is located within the City of Edinburg, and whose bid is within five percent (5%) of the lowest bid price preference as allowed by Section

271.9051 of the Local Government Code.

AWARD

For purposes of this project, award will be contingent on approval of budget.

CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS

The City may give local vendors, whose principal place of business is located within the City of Edinburg, and whose bid is within five percent (5%) of the lowest bid price preference as allowed by Section

271.9051 of the Local Government Code.

SPECIAL CIRCUMSTANCES

In the event that the City of Edinburg has an immediate need for a particular service(s) that is/are on contract and the successful vendor on contract is not able to meet the special service delivery needs of the City of Edinburg, the City of Edinburg reserves the right to purchase such services elsewhere to fulfill its’ immediate need.

TERMINATION OF CONTRACT

The City of Edinburg reserves the right to terminate the contract if, in the opinion of the City of

Edinburg, the successful vendor’s performance is not acceptable, if the City is being repeatedly over charged, improperly charged, no funds are available, or if the City wishes, without cause, to discontinue this contract. Termination will be in written form allowing a 30-day notice. The bidder shall be afforded the same right to terminate this contract in the same manner.

ETHICAL STANDARD

No City official or employee shall have interest in any contract resulting from this bid.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL.

COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS “C”

MISDEMEANOR.

3.2. INSURANCE REQUIREMENTS

Staff may waive insurance requirements for contracts $0 - $4,999.99, including but not limited to contracts for food, materials, supplies, and construction. Workers’ Compensation in amounts which satisfy statutory coverage shall be required for construction projects.

The following insurance requirements will be included in all City contracts of $5,000 - $14,999.99. In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR CODE

§406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Comprehensive General Liability

(City named as additional insured)

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

The following insurance requirements will be included in all City contracts of $15,000 or more.

(1) The successful bidder will be required to carry the following insurance coverage and limits of coverage, as well as list the City as an additional insured to liability coverage as requested by the City. In addition, the successful bidder shall provide the City with evidence of coverage and furnish acceptable proof of payment of insurance premiums.

(2) The successful bidder will be required to secure and/or have insurance coverage in force with an admitted property and casualty insurance company licensed by the State of Texas to conduct business in the State of Texas.

(3) In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR

CODE §406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Employer’s Liability Bodily Injury by Accident:

$100,000 each accident

Bodily Injury by Disease:

$100,000 each employee/$500,000 policy limit

Comprehensive General Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Comprehensive Auto Liability

Bodily Injury $100,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

City’s Protective Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Policies must name the City of Edinburg as an Additional Insured.

Certificates of insurance naming the CITY as an additional insured shall be submitted to the CITY for approval prior to any services being performed by Contractor. Each policy of insurance required hereunder shall extend for a period equivalent to, or longer than the term of the Contract, and any insurer hereunder shall be required to give at least thirty (30) days written notice to the CITY prior to the cancellation of any such coverage on the termination date, or otherwise. This Contract shall be automatically suspended upon the cancellation, or other termination, of any required policy of insurance hereunder, and such suspension shall continue until evidence that adequate replacement coverage is provided to the CITY. If replacement coverage is not provided within thirty (30) days following suspension of the Contract, the Contract shall automatically terminate.

4. Specifications

4.1. STATEMENT OF WORK AND OPERATIONAL REQUIREMENTS

Objective

The City is seeking competitive bids from qualified, certified electronics recyclers. The selected

Contractor will collect, transport, process, market, and sell electronic waste (e-waste). This material originates from municipal facilities, municipal departments, and community collection events.

Scope of Material

Materials include, but are not limited to, the following categories:

• Computing Devices: Desktops, laptops, tablets, servers, mainframes.

• Displays: CRT monitors, LCD/LED screens, televisions, flat panels.

• Peripherals: Keyboards, mice, cables, routers, modems, switches.

• Office Equipment: Printers, copiers, scanners, plotters, fax machines.

• Consumer Electronics: Cell phones, telecom equipment, audio/video gear, lab equipment.

Operational and Logistics Requirements

• Logistics Supply: Contractor provides all labor, pallets, gaylord boxes, shrink-wrap, and tools required to secure the load.

• Transportation: Contractor must supply all vehicles needed to transport materials from City facilities.

o City-Election for Self-Transport: The City may elect to transport e-waste materials directly to the Proposer’s facility using City vehicles and personnel. The Proposer must provide the

City with priority access for unloading.

• Schedule: Pickup must occur within five (5) business days of written or electronic City notification.

• Reporting: Contractor must provide a detailed settlement report per batch within thirty (30) days of pickup. Reports must log exact weights, commodity types, and serial numbers of data-bearing devices.

Contract Term and Extension

• The initial term of this contract shall commence upon the date of award and remain in effect through September 30, 2027.

• Extension Option: The COE reserves the unilateral right to extend the agreement for one (1) additional fiscal year, subject to the same terms, conditions, and pricing.

• Cancellation Rights: The COE reserves the right to cancel this Bid at any time and shall select the proposal deemed most advantageous to the City.

4.2. REGULATORY COMPLIANCE AND INDUSTRY CERTIFICATIONS

Industry Certifications

The Contractor must maintain active, verifiable industry certifications throughout the contract term.

Bidders must submit valid proof with their bid for at least one of the following:

• SERI R2v3 (Responsible Recycling Standard), OR

• e-Stewards Standard for Responsible Recycling and Reuse.

Federal Regulations

The Contractor must comply with all applicable federal environmental frameworks:

• Resource Conservation and Recovery Act (RCRA) (40 CFR Parts 260-272) for hazardous waste management.

• EPA Cathode Ray Tube (CRT) Rule (40 CFR Safe Management of CRTs).

• Federal Trade Commission (FTC) Disposal Rule (16 CFR Part 682).

State of Texas Regulations

The Contractor must strictly adhere to Texas Commission on Environmental Quality (TCEQ) rules:

• Texas Health and Safety Code Chapter 361, Subchapters Y (Computer Recycling Program) and Z

(Television Recycling Program).

• 30 Texas Administrative Code (TAC) Chapter 328, Subchapter I (Regulation of Computer

Equipment Manufacturers) and Subchapter J (Regulation of Television Manufacturers).

• TCEQ Registration: The Contractor's processing facility must be actively registered as an electronics recycler with the TCEQ.

Downstream Tracking, Export Controls, and Cross-Border Data Privacy

• Downstream Chain of Custody: The Contractor must track all focus materials and hazardous e-waste components to their final point of disposition or materials recovery.

• International Export Restrictions: In alignment with R2v3/e-Stewards standards and federal rules, the export of hazardous electronic waste, untested equipment, or toxic components to non-OECD nations is strictly prohibited.

• Export Data Privacy Tie-In: No data-bearing equipment, un-sanitized hard drives, or uncleared storage media may leave the United States mainland. If any equipment is exported for downstream processing, refining, or resale, the Contractor guarantees that all data has been completely destroyed prior to crossing U.S. borders.

• International Privacy Compliance: If any item leaves the U.S. mainland, the Contractor must ensure that data handling and logistics satisfy not only U.S. laws but also relevant international frameworks, such as the General Data Protection Regulation (GDPR) or cross-border data transfer protocols.

4.3. DATA PRIVACY, SECURITY, AND DESTRUCTION

Data Security and Jurisdictional Mandate

• Liability Assumption: The Contractor assumes full, absolute legal liability for all data contained on hard drives, solid-state drives, flash memory, and mobile devices immediately upon taking possession of the equipment.

• Jurisdictional Boundary: This liability remains unbroken and extends fully across all geographic borders, transit routes, and international waters if any components leave the United States mainland.

Destruction Standards

• All data-bearing media must be sanitized or physically destroyed before any secondary marketing or export occurs.

• Operations must follow NIST Special Publication 800-88 Revision 1 (Guidelines for Media

Sanitization) or Department of Defense (DoD) 5220.22-M standards.

• Hard drives designated for scrap must be rendered physically unreadable via shredding, crushing, or degaussing.

Documentation of Sanitization and Certificates of Destruction (COD)

• Mandatory Sanitization Records: The Contractor shall generate and provide verifiable, written documentation detailing the successful data sanitization, erasure, or physical destruction of all data-containing components processed under this contract. This requirement applies broadly to standard drives, solid-state storage, embedded logic chips, network switch logs, RAM, and mobile device motherboards.

• Submission to City: A serialized Certificate of Data Destruction paired with the specific software erasure or physical shred tracking logs must be submitted to the City within thirty (30) days of material pickup.

• Asset Tracking requirements: Each report and COD must trace back to the collection event or facility pickup and explicitly list the City asset tag number (if applicable), device type, software overwrite verification method, and parent device serial number.

Privacy Doctrine Compliance

The Contractor must ensure processing methods satisfy all state and federal privacy mandates:

• Health Insurance Portability and Accountability Act (HIPAA) security rules.

• Gramm-Leach-Bliley Act (GLBA) safeguards.

• Texas Business and Commerce Code Chapter 521 (Unauthorized Use of Identifying

Information).

4.4. FINANCIAL AND REVENUE STRUCTURE

Pricing Model

Bidders must submit a net pricing schedule split by asset type. The financial structure allows for two formats:

• Revenue Share / Commodity Payback: Positive value paid to the City per pound or per unit for tested, functioning equipment intended for resale.

• Processing Cost / Fee: Negative value cost paid by the City for recycling difficult commodities

(e.g., CRT glass, loose alkaline batteries).

Payment Terms

• Payments owed to the City must be issued monthly via check or ACH.

• Payments must be accompanied by the corresponding settlement reports and CODs.

No Post-Acceptance Penalties or Chargebacks

• Finality of Acceptance: Once the Contractor accepts, loads, or takes physical custody of any electronic waste materials at the City’s designated pickup location, the transaction for that specific batch or item is considered final.

• Prohibition of Retroactive Fees: The Contractor is strictly prohibited from penalizing the City, reducing agreed-upon commodity payback rates, or assessing retroactive processing fees, sorting fees, or contamination charges after the material has left City property or vendor has accepted the delivery.

• Risk of Loss: All risk of loss, devaluation, or market fluctuation transfers entirely to the

Contractor immediately upon loading.

• Definition of Non-Recyclable Scrap: Materials that cannot be repurposed, resold, or refined for commodity value, or components requiring specialized hazardous waste disposal (e.g., broken

CRT glass, heavily contaminated casing, mixed alkaline or leaking batteries).

• Fee Structure: Bidders must provide a fixed, flat-rate fee schedule per pound for any items falling under this designation. No hidden surcharges, environmental fees, or fuel adjustments will be accepted.

• Cost Offsets: Any disposal fees owed by the City for non-recyclable scrap shall be subtracted directly from the positive revenue-share balances generated by high-value commodities within the same monthly billing cycle.

• Prior Authorization and Documentation: The Contractor cannot assess a disposal charge without providing photographic evidence and recorded weights of the scrap items in the accompanying settlement report.

Quantities and Determination of Scrap at Point of Acceptance

• Verification at Point of Acceptance: The specific weight and quantity of materials meeting the non-recyclable scrap criteria must be determined and jointly logged by the Contractor and the

City representative at the exact point and time of acceptance prior to transport.

• Volume Threshold Caps: To control costs, non-recyclable scrap quantities shall not exceed 15% of the total shipment weight per individual pickup run. Any quantity of scrap exceeding this cap will be accepted at no charge to the City, or the City reserves the right to retain those items.

• Certified Scale Tickets: All quantities must be verified using certified scale tickets or calibrated on-site platform scales. Estimates, approximations, or volume calculations derived post-transit will not be accepted as valid quantities for disposal billing.

4.5. WARRANTIES, LIABILITY, AND INSURANCE

"As-Is, Where-Is" Condition, Used Goods, and Warranty Disclaimer

• Condition of Materials: All electronic waste materials, components, and equipment offered through this contract are sold and transferred to the Contractor in an "As-Is, Where-Is" condition, with all faults.

• Used, Consumed, and Incomplete Nature: The Contractor explicitly acknowledges and agrees that all items provided under this contract are used, end-of-life, and entirely consumed goods.

• Missing Components: Items may be broken, cannibalized, obsolete, or completely non-functional. The City makes no guarantee of completeness. Equipment may be missing critical internal or external components including, but not limited to: power supplies, batteries, circuit boards, processors, memory modules (RAM), hard drives, caddies, screens, or outer housing.

• Disclaimer of Warranties: The City makes no guarantees, express or implied, regarding the operational condition, merchantability, component completeness, or specific scrap yield of the materials provided.

• Contractor Inspection: It is the sole responsibility of the Contractor to inspect material profiles prior to transport. The City will not be held liable for any missing components, hidden defects, cosmetic damage, or non-functional internal parts discovered during downstream processing or data destruction.

Right to Audit

The City reserves the right to conduct unannounced physical audits of the Contractor’s processing facilities during standard business hours to ensure compliance with environmental and data tracking rules.

Indemnification

The Contractor shall defend, indemnify, and hold harmless the City, its officers, and employees from any claims, liabilities, losses, damages, or environmental remediation costs arising from the Contractor's performance, hazardous substance releases, or data breaches.

Insurance Requirements

The selected vendor must maintain minimum insurance coverage throughout the contract:

• Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate.

• Environmental Liability / Pollution Legal Liability: $2,000,000 per occurrence.

• Cyber / Cyber Tech Liability (including Data Breach): $2,000,000 per occurrence.

• Workers' Compensation: Statutory limits matching Texas law.

Subcontractor Management and Flow-Down Liability

• Primary Contractor Responsibility: The selected Main Bidder (Prime Contractor) remains solely responsible and fully liable for the performance, acts, omissions, and regulatory compliance of all subcontractors, downstream vendors, and international brokers utilized under this agreement.

• Mandatory Flow-Down Clauses: The Prime Contractor must flow down all environmental, data security, and indemnification requirements of this contract into every subcontractor agreement.

• International Transit Liability: If a subcontractor handles, processes, or transports items that leave the United States mainland, the Prime Contractor assumes full, non-transferable liability for any international regulatory violations, illegal dumping, environmental mishaps, or data breaches occurring outside United States territory.

• Cross-Border Breach Indemnity: The Contractor explicitly agrees to indemnify the City against any data security breaches or regulatory fines triggered under international data protection frameworks (such as GDPR) due to subcontractor negligence.

• Approval of Subcontractors: The Contractor must submit a complete list of all planned subcontractors and downstream processing facilities with their bid. No additional subcontractors may be introduced during the contract term without prior written approval from the City.

4.6. BIDDER CERTIFICATION AND COMPLIANCE SIGN-OFF

Instructions to Bidders: This section must be completed, signed, and submitted with your bid package.

Failure to sign and return this certification will result in automatic disqualification.

By signing below, the Bidder certifies that they have read, understood, and agree to comply with all specifications, local, state, and federal laws, and privacy doctrines outlined in this IFB.

Regulatory & Certification Attestation

The Bidder certifies that:

1. They hold active R2v3 or e-Stewards certifications (Proof attached).

2. They are registered with the TCEQ as an electronics recycler (Registration # provided below).

3. They utilize a Zero-Waste-to-Landfill policy for all unrefined electronic scrap.

4. No processed e-waste will be illegally exported to non-OECD nations in violation of federal or international laws.

Data Security and Subcontractor Attestation

The Bidder certifies that:

1. All data-bearing media will be managed and destroyed in strict accordance with NIST SP 800-88

Rev. 1 standards.

2. They will provide verifiable sanitization and tracking records for all data-containing components and submit those formal reports directly to the City within the designated timeframes.

3. They accept absolute liability for the environmental and data privacy compliance of all approved subcontractors, including any downstream processing facilities operating outside the United

States mainland.

They acknowledge that leaving the U.S. mainland does not release the data from compliance under

Texas Chapter 521, HIPAA, or international data privacy protections, and the Bidder accepts full cross-border liability for security failures.

5. Vendor Questionnaire

5.1. Required Forms

5.1.1. Attach a copy of your company's insurance certificate.* Please attach the insurance certificate

*Response required

5.1.2. Please fill out General Questionnaire and upload here * Please download the below documents, complete, and upload.

• GENERAL_QUESTIONNAIRE.pdf

*Response required

5.1.3. Please fill out the Litigation Disclosure form and upload here* Please download the below documents, complete, and upload.

• LITIGATION_DISCLOSURE_FORM.pdf

*Response required

5.1.4. Please fill out and sign the Conflict of Interest Disclosure form and upload here*

Please download the below documents, complete, and upload.

• CONFLICT_OF_INTEREST.pdf

*Response required

5.1.5. Please fill out and sign House Bill 89 and upload here*

HB 89

The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local

Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott Israel; and

2) will not boycott Israel during the term of the contract

• HOUSE_BILL_89_VERIFICATION.pdf

*Response required

5.1.6. Please fill out and sign Senate Bill 13 and upload here*

SB 13 ENERGY COMPANY BOYCOTTS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas Local

Government Code 2274.002 Section 1. Subtitle A, Title 8 by adding Chapter 809 which states that a 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governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott energy companies and will not boycott energy companies during the term of the

Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required , or

2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

• SENATE_BILL_13_VERIFICATION...

*Response required

5.1.7. Please fill out and sign Senate Bill 19 and upload here* The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas Local

Government Code Section 1. Subtitle F, Title 10 of the Texas Government Code 2274.002, Respondent verifies that it:

1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and

2) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

• SENATE_BILL_19_VERIFICATION...

*Response required

5.1.8. Please fill out and sign the Non-Collusion Affidavit and upload here* Submitters, by submitting a signed submission, certify that the accompanying submission is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under Texas or United States law.

• CITY_OF_EDINBURG_NONCOLLUSI...

*Response required

5.1.9. Please fill out and sign the Conflict of Interest form and upload here*

CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ,…