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CONIMM ACT NO. O S73
C)
MASTER SERVICES AGREEMENT BETWEEN
)ORTHE
THE CITY OF FORT WORTHAND M&K RECOVERY GROUP, INC.
CONSIGNMENT OF ILLEGAL 8-LINER GAMBLING MACHINES
J` �. O l 6
This MASTER SERVICES AGREEMENT — Consignment of Illegal 8-Liner Gambling
Machines ("Agreement") is made and entered into by and between the CITY OF FORT WORTH
(the "City"), a home rule municipal corporation, acting by and through Valerie R. Washington, its
duly authorized Assistant City Manager, and M&K Recovery Group, Inc., located at 9104
Cameron Road, Austin, Texas 78754 ("Contractor"), acting by and through its authorized
representative. For purposes of this Agreement, the term Contractor shall include Contractor, its
authorized representatives, officers, employees, and instructors who provide services on
Contractor's behalf. The term City shall include its authorized representatives, officers, employees,
and directors. In this Agreement, City and Contractor may be referred to collectively as "Parties"
and each individually as "Party."
RECITALS
The City and Contractor agree that the following statement are true and correct and constitute the
basis on which they have entered into this Agreement.
WHEREAS, in 2014, following a competitive sealed proposals process, the City of Dallas,
Texas("Dallas")entered into an agreement with Contractor to provide storage and consignment services
for seized illegal 8-liner gambling machines, that agreement being City of Dallas Contract authorized
by Resolution No. 13-2144 and attached hereto as Exhibit One(the"Dallas Contract"); and
WHEREAS, under the terms of the Dallas Contract, Contractor agreed to extend its prices and
services to entities that have a purchasing inter-local cooperation agreement with Dallas; and
WHEREAS, since 2004, the City and Dallas have been parties to a purchasing inter-local
operation agreement; and
WHEREAS, City and Contractor wish to enter into an agreement for Contractor to provide City
with storage and consignment services for seized illegal 8-liner gambling machines and other specified
services, subject and in accordance with the Dallas Contract, as modified herein by the Parties to tailor
the arrangement to the City's specific needs and goals.
NOW,THEREFORE, for and in consideration of the premises outlines above and the mutual
covenants contained herein, City and Contractor do hereby agree as follows:
AGREEMENT
L CONTRACT DOCUMENT PRIORITY
The relationship between the City and Contractor shall be governed by the following documents
(each a"Contract Document," collectively the "Contract Documents"), all of which together constitute
a single contract:
OFFICIAL RECORD
Master Services Agreement CITY SECRETARY
CFW and M&K Recovery Group,Inc. Page 1 of 8
FT.WORTH,TX
1. This Master Services Agreement ("Agreement")
2. Exhibit One-Contract between the City of Dallas and M&K Recovery Group,Inc.,including
all exhibits, renewals, and attachments thereto(collectively the"Dallas Contract")
3. Exhibit Two-Conflict of Interest Documentation
II. SCOPE OF SERVICES
Contractor hereby agrees, with good faith and due diligence, to provide City with the services
defined and described herein and in the Dallas Contract, subject to such modifications as are
made and agreed to in this Agreement.
III. MODIFICATIONS TO DALLAS CONTRACT
1. To the extent terms are defined in this Agreement are assigned a different meaning than
in the Dallas Contract, the definitions assigned herein shall govern, notwithstanding any
language in the Dallas Contract to the contrary. In construing and applying the Dallas
Contract to the transaction between Contractor and the City, all such terms, including,
but not limited to,"City", "Consignee", and"Contractor"shall be read and interpreted in
accordance with the definitions assigned in this Agreement.
2. The Parties wish to provide for a contract term that is different than the one in effect for
the Dallas Contract. Therefore, Section 6 of the Dallas Contract, "INDEPENDENT
CONTRACTOR" shall not apply as between the Parties, and the following provision
shall apply instead:
6. Independent Contractor
Contractor shall operate hereunder as an independent contractor and not as an
officer, agent, or servant or employee of City. Contractor shall have exclusive
control of, and the exclusive right to control, the details of the work and services
performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, members, agents, servants,
employees, subcontractors, program participants, licensees, or invitees. The
doctrine of respondeat superior shall not apply as between City and Contractor,
its officers, members, agents, servants, employees, subcontractors, program
participants, licensees, or invitees, and nothing herein shall be construed as
creating a partnership or ioint enterprise between City and Contractor. No
federal, state, or local income tax, nor any payroll tax of any kind, shall be
withheld or paid by City on behalf of Contractor. Contractor shall not be treated
as an employee with respect to the services performed pursuant to this Agreement
for federal or state tax purposes. It is expressly understood and agreed that
officers, members, agents, employees, subcontractors, licensees, or invitees of
Master Services Agreement
CFW and M&K Recovery Group,Inc. Page 2 of 8
Contractor and any program participants hereunder are not eligible for,and shall
not participate in any employer pension, health, or other fringe benefit plan
provided by City. It is expressly understood and agreed that City does not have
the legal right to control the details of the tasks performed hereunder by
Contractor its officers, members, agents, employees, subcontractors, program
participants,licensees, or invitees.
City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor its officers, members,agents,employees,subcontractors,
program participants, licensees, or invitees, which may be lost, stolen, destroyed,
or in any way damaged.
3. The Parties wish to provide for a contract term that is different than the one in effect for
the Dallas Contract.Therefore, Section 7 of the Dallas Contract, "INDEMNITY"
shall not apply as between the Parties, and the following provision shall apply
instead:
7. Liability and Indemnity
CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL
INJURY,INCLUDING DEATH,TO ANY AND ALL PERSONS,OF ANY KIND
OR CHARACTER WHETHER REAL OR ASSERTED TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S),MALFEASANCE,
OR INTENTIONAL MISCONDUCT OF CONTRACTOR ITS OFFICERS,
AGENTS, SERVANTS, OR EMPLOYEES. CONTRACTOR SHALL BE
RESPONSIBLE FOR ALL INJURY CLAIMS MADE BY ANY OF ITS
EMPLOYEES SUBCONTRACTORS OFFICERS AGENTS OR SERVANTS
WHICH ARISE FROM THEIR PERFORMANCE UNDER OR IN
FURTHERANCE OF THIS AGREEMENT.
CONTRACTOR AGREES TO DEFEND INDEMNIFY AND HOLD THE
CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS,
COSTS,AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST
PROFITS)AND/OR PERSONAL INJURY (INCLUDING DEATH)THAT MAY
RELATE TO,ARISE OUT OF,OR BE OCCASIONED BY(D CONTRACTOR'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT
OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF CONTRACTOR ITS OFFICERS,AGENTS,ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR
SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS
AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS
SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM
THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS,
EMPLOYEES OR SEPARATE CONTRACTORS AND IN THE EVENT OF
Master Services Agreement
CFW and M&K Recovery Group,Inc. Page 3 of 8
JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND
CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE
OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF
THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY
THE LAWS OF TEXAS.
CONTRACTOR shall require all of its subcontractors to include in their subcontracts a
release and indemnity in favor of City in substantially the same form as above.
This section shall survive the expiration or termination of this Agreement.
4. The Parties wish to provide for contract terms that are different than the ones in effect
for the Dallas Contract. Therefore, Section 8 of the Dallas Contract, "INSURANCE
REQUIREMENTS"and any portion of Attachment One to the Dallas Contract that
conflicts with the terms below shall not apply as between the Parties, and the following
terms shall apply instead:
Attachment 1:
Section C.
2. Business Automobile Liability Insurance covering owned,hired,and non-owned
vehicles,with a minimum combined bodily injury(including death)and property
damage coverage at a minimum of$1,000,000 per occurrence.
3. Commercial General Liability Insurance including but not limited to
premises/operations, personal and advertising injury, products/completed
operations, independent contractors and contractual liability with minimum
combined bodily injury (including death) and property damage coverage with a
minimum of$1,000,000 per occurrence and$2,000,000 annual aggregate. If this
insurance is written on a claims-made form, coverage shall be continuous (by
renewal or extended reporting period) for not less than twelve (12) months
following completion of the contract and acceptance by the City. Coverage,
including any renewals, shall contain the same retroactive date as the original
policy applicable to this contract.
REQUIRED PROVISIONS
CONTRACTOR agrees that with respect to the above required insurance, all
insurance contracts and certificate(s) of insurance will contain and state, in
writing, the following required provisions:
a. Name the City of Fort Worth and its officers, employees and elected
representatives as additional insureds to all applicable coverages.
b. State that coverage shall not be canceled, non-renewed or
material changed except after thirty (30) days written notice by
Master Services Agreement
CFW and M&K Recovery Group,Inc. Page 4 of 8
certified mail to the parties listed in the notice section of this
Master Services Agreement.
c. Waive subrogation against the City of Fort Worth, its officers
and employees, for bodily injury (including death), property
damage or any other loss.
d. Provide that the CONTRACTOR'S insurance is primary
insurance as respects the CITY, its officers, employees and
elected representatives.
e. Ensure that all certificates of insurance identify the service or
product being provided and name the City's Police Department
as the Certificate Holder.
To the extent the terms of Section 8 and Attachment One to the Dallas Contract do not
conflict with the terms included herein,they shall remain in full force and effect.
5. The Parties wish to provide for a contract term that is different than the one in effect for
the Dallas Contract. Therefore, Section 10 of the Dallas Contract, "CONFLICT OF
INTEREST" and any portion of Attachment One to the Dallas Contract that conflicts
with the terms below shall not apply as between the Parties, and the following provision
shall apply instead:
10. CHAPTER XXVII: MISCELLANEOUS § 16 OFFICERS OR EMPLOYEES
OF THE CITY NOT TO HAVE FINANCIAL INTEREST IN ANY
CONTRACTS OF THE CITY.
No officer or employee of the city shall have a financial interest,direct or indirect,
in any contract with the city, or be financially interested,directly or indirectly, in
the sale to the city of any land, materials, supplies, or services, except on behalf
of the City as an officer or employee. An officer or an employee of a bank that
serves as the City's depository bank shall be deemed not to have a financial
interest in the City's contract.Any willful violation of this section shall constitute
malfeasance in office, and any officer or employee found guilty thereof shall
thereby forfeit his office or position. Any violation of this section, with the
knowledge, expressed or implied, of the person or corporation contracting with
the City Council,shall render the contract involved voidable by the city manager
or the City Council.
(Ord. 16797, § 1(XVIII), 1-24-2006, approved 5-13-2006)
6. Provision 12"Notice of Contract Claim"of the Dallas Contract shall not apply as
between Contractor and City.
7. The Parties wish to provide for a contract term that is different than the one in effect for
the Dallas Contract. Therefore, Section 13 of the Dallas Contract, "NOTICES"shall not
apply as between the Parties, and the following provision shall apply instead:
Master Services Agreement
CFW and M&K Recovery Group,Inc. Page 5 of 8
13. Any notices required to be given hereunder shall be given by certified mail,return
receipt to the following addresses:
To The CITY: To CONTRACTOR:
CITY OF FORT WORTH M&K RECOVERY GROUP,INC.
ATTN: Valerie R.Washington ATTN: Matthew C. Decareau
Assistant City Manager Vice President
200 Texas Street,Third Floor 100 Willow Street
Fort Worth,Texas 76102 North Andover,Massachusetts 01845
Facsimile: Facsimile:
With a copy to the City Attorney's Office(Facsimile: 817-392-8359)
8. Notwithstanding any language to the contrary in Section 17, "Venue" of the Dallas
Contract,Contractor and City hereby consent to the exclusive jurisdiction of the state and
federal courts located within Tarrant County, Texas with respect to disputes arising
hereunder.
9. Notwithstanding any language to the contrary in the Dallas Contract,Contractor and City
would like to add an additional section entitled"Government Powers" and shall include
the following:
24. Governmental Powers
Both Parties agree and understand that the City does not waive or surrender any
of its governmental powers or immunities by execution of this Agreement.
10. Notwithstanding any language to the contrary in the Dallas Contract, Contractor and
City would like to add an additional section entitled "Confidentiality" and shall include
the following:
25. Confidentiality
Contractor shall notify City of any request for City's information and allow
City the opportunity to object to release of information prior to disclosing any
City documents or information to a third party. Contractor acknowledges that
City is a governmental entity as defined by Texas law and is subject to the
Texas Public Information Act. Contractor consents to the release of these
contract documents, including all documents listed in Section I above, and
has represented to City that Contractor does not claim any of the information
included herein is proprietary in nature and that no harm will come from its
release.
11. Notwithstanding any language to the contrary in the Dallas Contract, Contractor and
City would like to add an additional section entitled "Storage" and shall include the
following:
Master Services Agreement
CFW and M&K Recovery Group,Inc. Page 6 of 8
26. Storage
Contractor's storage trailers shall be placed at the storage location provided by
the City of Fort Worth's Police Department. The City shall provide the storage
location's address to Contractor at least three (3) days prior to the initial trailer
delivery. City shall provide Contractor notice of any location changes for future
storage trailers in writing with at least three (3) days' notice prior to the next
trailer delivery.
V. SIGNATURE AUTHORITY
The person signing this Agreement hereby warrants that he or she has the legal authority to
execute this Agreement on behalf of his or her respective party,and that such binding authority has been
granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is
fully entitled to rely on this warranty and representation in entering into this Agreement.
VI. ENTIRETY OF AGREEMENT;AMENDMENT
This written instrument (together with all attachments, exhibits, schedules, and appendices)
constitutes the entire understanding between the parties concerning the work and services to be
performed hereunder,and any prior or contemporaneous,oral,or written agreement that purports to vary
from the terms hereof shall be void.
Notwithstanding anything in any Contract Documents to the contrary, this Agreement and the
other Contract Documents may only be amended via written instrument signed by both parties and dates
after the execution date of this Agreement, provided, however that the Parties agree that any applicable
changes in local, state, or federal laws, rules, or regulations that may occur during the term of this
Agreement shall be automatically incorporated into this Agreement without written amendment hereto
and shall become a part hereof as of the effective date of the law,rule,or regulation.
[Signature Page Follows]
Master Services Agreement
CFW and M&K Recovery Group,Inc. Page 7 of 8
IN WI N SS WHEREOF, the parties hereto have executed this Agreement in multiples on this,
the ay of , 2017.
CITY OF FORT WORTH: M&K RECOVERY GROUP,INC.
By: "J� By:
Valerie R. Washington Name: _
Assistant City Manager Title: �Jnec�ta� 5i�e�� � �oy�l�,,✓t
Date: `�, �� Date: 2
APPROVAL RECOMMENDED BY:
By:
Joel F. Fitzgerald
Chief of Police
Date:
APPROVED AS TO
FORM AND LEGALITY:
By
Jo ate
sistant City Attorney �O R T
ATTEST: !—
U
By: L� `
Mary J. Kay erTE
P�
City Secreta
Contract Authorization: C-28140
FORM 1295 Certification No.: 2017-161597
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
/D/ '
GS —
OFFICIAL RECORD
ChadPlowman
Captain CITY SECRETARY
Fort Worth Police Department FT.WORTH,TX
Master Services Agreement
CFW and M&K Recovery Group,Inc. Page 8 of 8
Exhibit 1
STATE OF TEXAS
CONTRACT FOR CONSIGNMENT SERVICES
COUNTY OF DALLAS
THIS CONTRACT is made and entered into by and between the CITY OF DALLAS, a
Texas municipal corporation, located in Dallas County, Texas (hereinafter called "City") and
M&K Recovery Group, Inc., authorized to conduct business in the State of Texas whose principal
place of business is 9104 Cameron Rd., Austin, TX 78754, (hereinafter called "Consignee").
1. DESCRIPTION OF WORK
A. For the consideration agreed below to be paid to Consignee by City, Consignee
shall provide consignment services for the sale of certain 8-liner gambling machines in the City
and County of Dallas, Texas, hereinafter called the "Services." The Services are to be performed
in a good and workmanlike manner and shall conform in every respect to the following:
(i) City's Request for Proposals;
(ii) City's Specifications for the Services (the "Specifications"); and
(iii) Consignee's Proposal (the "Proposal").
B. All of the documents referred to in Subsection A of this Section I are incorporated
by reference and made a part of this Contract for all purposes as though each were written word
for word in this Contract; provided, however, that in case of a conflict in the language of the
Request for Proposals, the Specifications, the Proposal and this Contract, the terms and conditions
of this Contract shall control and are final and binding on both parties, and the Specifications shall
control where they conflict with the Proposal. Consignee and City further agree that should any
dispute or questions arise respecting the true construction or meaning of any of these documents,
the true meaning shall be decided by City and such decision shall be binding and conclusive upon
Consignee.
2. PERFORMANCE OF SERVICES AND COORDINATION
Consignee represents that, prior to submitting the Proposal and executing this Contract,
Consignee became and remains thoroughly acquainted with all matters relating to the performance
of this Contract, all applicable laws and all of the terms and conditions of this Contract. All
Services under this Contract shall be coordinated under, and performed to the satisfaction of,
City's Chief of the Dallas Police Department, or his designated representative, hereinafter called
"Director." Consignee represents that all its employees or associates who perform services under
this Contract shall be fully qualified and competent to perform the services described in Section 1.
3. PAYMENT
In consideration for the Services to be performed by Consignee under the terms of this
Contract, Consignee shall receive a commission on all 8-liner gambling machines sold, the
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percentage of the commission to be in accordance with the Specifications and Proposal. City may,
at its option, offset any amounts due and payable under this Contract against any debt (including
taxes) lawfully due to City from Consignee, regardless of whether the amount due arises pursuant
to the terms of this Contract or otherwise and regardless of whether or not the debt due to City has
been reduced to judgment by a court.
4. TERN/I: SCHEDULE
The term of this Contract shall commence on February 18, 2014 and terminate on
February 17, 2017, unless sooner terminated in accordance with the provisions of this Contract.
City may extend the term of the Contract for up to two one year periods, at City's option. For
good cause shown by Consignee, the Director may extend the time to perform the Services
beyond the Contract expiration date.
5. PERMITS; COMPLIANCE WITH LAWS AND REGULATIONS
A. Consignee shall possess or obtain any necessary permits required by City ordinance
or State or Federal law for the performance of the Services prior to commencing the Services. City
has developed an Environmental Management System (EMS), based upon International Standards
Organization (ISO) Standard 14001. As part of the EMS, City has adopted an environmental
policy. Contractor acknowledges receipt of the environmental policy as a part of the Request for
Proposal and shall adhere to the policy and provide information to City in the form and at the
times requested by City in furtherance of the policy.
B. This Contract is entered into subject to and controlled by the Charter and
ordinances of the City of Dallas and all applicable laws, rules, and regulations of the State of
Texas and the Government of the United States of America. Consignee shall, during the course of
performance of this Contract, comply with all applicable City codes and ordinances, as amended,
and all applicable State and Federal laws, rules and regulations, as amended.
6. INDEPENDENT CONTRACTOR
Consignee's status shall be that of an independent contractor and not an agent, servant,
employee, or representative of City in the performance of the Services. Consignee shall exercise
independent judgment in performing duties under this Contract and is solely responsible for
setting working hours, scheduling or prioritizing the work flow and determining how the work is
to be performed. No term or provision of this Contract or act of Consignee in the performance of
this Contract shall be construed as making Consignee the agent, servant or employee of City, or
making Consignee or any of its employees eligible for the fringe benefits, such as retirement,
insurance and worker's compensation, which City provides its employees.
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7. INDEMNITY
Consignee agrees to defend, indemnify and hold City, its officers, agents and
employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for
personal injury (including death), property damage or other harm for which recovery of
damages is sought, suffered by any person or persons, that may arise out of or be occasioned
by Consignee's breach of any of the terms or provisions of this Contract, or by any negligent
or strictly liable act or omission of Consignee, its officers, agents, employees or
subcontractors, in the performance of this Contract; except that the indemnity provided for
in this paragraph shall not apply to any liability resulting from the sole negligence or fault
of City, its officers, agents, employees or separate contractors, and in the event of joint and
concurring negligence or fault of Consignee and City, responsibility and indemnity, if any,
shall be apportioned in accordance with the law of the State of Texas, without waiving any
governmental immunity available to City under Texas law and without waiving any
defenses of the parties under Texas law. The provisions of this paragraph are solely for the
benefit of the parties to this Contract and are not intended to create or grant any rights,
contractual or otherwise, to any other person or entity.
8. INSURANCE REQUIREMENTS
A. Consignee shall procure, pay for, and maintain during the term of this Contract,
with a company authorized to do business in the State of Texas and otherwise acceptable to City,
the minimum insurance,coverage contained in City's Specifications, attached to and made a part of
this Contract.
B. Approval, disapproval or failure to act by City regarding any insurance supplied by
Consignee or its subcontractors shall not relieve Consignee of full responsibility or liability for
damages, errors, omissions or accidents as set forth in this Contract. The bankruptcy or insolvency
of Consignee's insurer or any denial of liability by Consignee's insurer shall not exonerate
Consignee from the liability or responsibility of Consignee set forth in this Contract.
9. TERMINATION
City's Director may, at its option and without prejudice to any other remedy City may be
entitled to at law, in equity or elsewhere under this Contract, terminate further work under this
Contract in whole or in part for cause or for the convenience of City by giving at least thirty (30)
days advance written notice of termination to Consignee with the understanding that, except as
provided in the specifications, all performance being terminated shall cease as of a date to be
specified in the notice. City also has the right to request that Consignee assign and transfer to City
all of Consignee's rights and obligations under existing subcontracts it has to perform Contract
work in the event of termination under this Section. City shall compensate Consignee in
accordance with the terms of this Contract for Contract work properly performed prior to the date
of termination specified in the notice, following review of same by City's Director. Consignee
shall not, however, be entitled to lost or anticipated profits should City choose to exercise its
option to terminate.
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10. CONFLICT OF INTEREST
The following section of the Charter of the City of Dallas shall be one of the conditions,
and a part of, the consideration of this Contract, to wit:
"CHAPTER XXIL Sec. 11. FINANCIAL INTEREST OF EIMPLOYEE OR OFFICER
PROHIBITED --
(a) No officer or employee shall have any financial interest, direct or indirect, in any
contract with the City or be financially interested, directly or indirectly, in the sale to the City of
any land, materials, supplies or services, except on behalf of the City as an officer or employee.
Any violation of this section shall constitute malfeasance in office, and any officer or employee
guilty thereof shall thereby forfeit the officer's or employee's office or position with the City. Any
violation of this section, with knowledge, express or implied, of the person or corporation
contracting with the City shall render the contract involved voidable by the City Manager or the
City Council.
(b) The alleged violations of this section shall be matters to be determined either by the
Trial Board in the case of employees who have the right to appeal to the Trial Board, and by the
City Council in the case of other employees.
(c) The prohibitions of this section shall not apply to the participation by City employees
in federally-funded housing programs, to the extent permitted by applicable federal or state law."
11. GIFT TO PUBLIC SERVANT
City may terminate this Contract immediately if Consignee has offered, or agreed to confer
any benefit upon a City employee or official that the City employee or official is prohibited by law
from accepting.
For purposes of this section, "benefit" means anything reasonably regarded as pecuniary
gain or pecuniary advantage, including benefit to any other person in whose welfare the
beneficiary has a direct or substantial interest, but does not include a contribution or expenditure
made and reported in accordance with law.
Notwithstanding any other legal remedies, City may require Consignee to remove any
employee of Consignee from the Project who has violated the restrictions of this section or any
similar state or federal law, and obtain reimbursement for any expenditures made as a result of the
improper offer, agreement to confer, or conferring of a benefit to a City employee or official.
12. NOTICE OF CONTRACT CLAIM
This Contract is subject to the provisions of Section 2-86 of the Dallas City Code, as
amended, relating to requirements for filing a notice of a breach of contract claim against City.
Section 2-86 of the Dallas City Code, as amended, is expressly incorporated by reference and
made a part of this Contract as if written word for word in this Contract. Consignee shall comply
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with the requirements of this ordinance as a precondition of any claim relating to this Contract, in
addition to all other requirements in this Contract related to claims and notice of claims.
13. NOTICES
Except as otherwise provided in Section 12, any notice, payment, statement, or demand
required or permitted to be given under this Contract by either party to the other may be effected
by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to
the parties at the addresses appearing below, but each party may change its address by written
notice in accordance with this section. Mailed notices shall be deemed communicated as of three
(3) days after mailing.
If intended for City, to:
Stephanie Cooper
Purchasing Agent
1500 Marilla Street, Room 3FN
Dallas, TX 75201
1f intended for Contractor, to:
Matthew C. Decareau
Vice President
100 Willow Street
North Andover, Massachusetts 01845
14. NONDISCRIMINATION
As a condition of this Contract, Consignee covenants that Consignee will take all
necessary actions to insure that, in connection with any operations under this Contract, Consignee,
its officers, employees and subcontractors, will not discriminate in the treatment or employment
of any individual or groups of individuals on the grounds of race, color, religion, national origin,
age, sex, or handicap unrelated to job performance, either directly, indirectly or through
contractual or other arrangements. Consignee shall also comply with all applicable requirements
of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as amended. In this regard,
Consignee shall keep, retain and safeguard all records relating to this Contract or work performed
hereunder for a minimum period of three (3) years from final Contract completion, with full
access allowed to authorized representatives of City, upon request, for purposes of evaluating
compliance with this and other provisions of the Contract.
15. ASSIGNNMENT
Consignee shall not sell, assign, transfer or convey this Contract, in whole or in part,
without the prior written consent of City's Director. As an express condition of consent to any
assignment, Consignee shall remain liable for completion of the Contract work in the event of
default by the successor contractor or assignee.
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16. RIGHT OF REVIEW AND AUDIT
City may review any and all of the services performed by Consignee under this Contract.
City is granted the right to audit, at City's election, all of Consignee's records and billings relating
to the performance of this Contract. Consignee agrees to retain such records for a minimum of
three (3) years following completion of this Contract. Any payment, settlement, satisfaction, or
release made or provided during the course of performance of this Contract shall be subject to
City's rights as may be disclosed by an audit under this section.
17. VENUE
The obligations of the parties to this Contract shall be performable in Dallas County,
Texas, and if legal action is necessary in connection with or to enforce rights under this Contract,
exclusive venue shall lie in Dallas County, Texas.
18. GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas, without regard to conflict of law or choice of law principles of
Texas or of any other state.
19. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision of this Contract, and this Contract shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained in this
Contract.
20, COUNTERPARTS
This Contract may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument. If this Contract is executed in
counterparts, then it shall become fully executed only as of the execution of the last such
counterpart called for by the terms of this Contract to be executed.
21. CAPTIONS
The captions to the various clauses of this Contract are for informational purposes only
and shall not alter the substance of the terms and conditions of this Contract.
22. SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties and their
respective successors and, except as otherwise provided in this Contract, their assigns.
6
23. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS
This Contract (with all referenced Exhibits, attachments, and provisions incorporated by
reference) embodies the entire agreement of both parties, superseding all oral or written previous
and contemporary agreements between the parties relating to matters set forth in this Contract.
Except as otherwise provided elsewhere in this Contract, this Contract cannot be modified without
written supplemental agreement executed by both parties.
EXECUTED this the.qrday of 201 1, by City, signing by and through its City
Manager, duly authorized to execute same by Resolution No. 13-214* , adopted by the City
Council on L1, 2013, and by Consignee, acting through its duly authorized officials.
APPROVED AS TO FORM: CITY OF DALLAS
WARREN M. S. ERNST A. C. GONZALEZ
City Attorney Interim City Manager
BYBY
A"City�Attorney Assista City Manager
ATTEST: CONSIGNEE:
BY BY , Z9, Ie,n
Corporate Secretary President
7
Attachment 1
Insurance Requirements
SECTION A. Prior to the approval of this contract by the CITY, CONTRACTOR shall
procure, pay for and maintain the following insurance written by companies approved
by the State of Texas and acceptable to CITY. The insurance shall be evidenced by
delivery to the CITY, at the address shown in REQUIRED PROVISIONS b.(i),
certificates of insurance executed by the insurer or its authorized agent stating
coverages, limits, expiration dates and compliance with all applicable required
provisions. Upon request, the CITY shall be entitled to receive without expense,
copies of the policies and all endorsements. CITY HAS NO DUTY TO PAY OR
PERFORM UNDER THIS CONTRACT OR AGREEMENT UNTIL SUCH CERTIFICATE
HAS BEEN DELIVERED TO THE CITY and no officer or employee shall have authority
to waive this requirement.
SECTION B. The CITY reserves the right to review the insurance requirements of this
section during the effective period of the contract and to modify insurance coverages
and their limits when deemed necessary and prudent by City's Office of Risk
Management based upon economic conditions, recommendation of professional
insurance advisors, changes in statutory law, court decisions or other relevant
factors. The CONTRACTOR agrees to make any reasonable request for deletion,
revision or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation
binding upon either party to the contract). Upon request by CITY, CONTRACTOR shall
exercise reasonable efforts to accomplish such changes in policy coverages and shall
pay the cost thereof.
INSURANCE COVERAGE REQUIRED
SECTION C. Subject to CONTRACTORS right to maintain reasonable deductibles,
CONTRACTOR shall obtain and maintain in full force and effect for the duration of
this contract and any extension hereof, at CONTRACTORS sole expense, insurance
coverage in the following type(s) and amounts:
1 . Workers' Compensation with statutory limits; Employers Liability with minimum
limits for bodily injury: a) by accident, $100,000 per each accident b) by
disease, $100,000 per employee with a per policy aggregate of $500,000.
2. Business Automobile Liability Insurance covering owned, hired, and non-owned
vehicles, with a minimum combined bodily injury (including death) and property
damage limit of $500,000 per occurrence.
8/28/13 Page 1 of 3 BYZ1 350 Insurance Requirements
3. Commercial General Liability Insurance including, but not limited to,
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability with minimum
combined bodily injury (including death) and property damage limits of
$500,000 per occurrence, $1,000,000 general aggregate. If this insurance is
written on a claims-made form, coverage shall be continuous (by renewal or
extended reporting period) for not less than twelve (12) months following
completion of the contract and acceptance by the City. Coverage, including
any renewals, shall contain the same retroactive date as the original policy
applicable to this contract.
REQUIRED PROVISIONS
CONTRACTOR agrees that with respect to the above required insurance, all insurance
contracts and certificate(s) of insurance will contain and state, in writing, the
following required provisions:
a. Name the City of Dallas and its officers, employees and elected
representatives as additional insureds to all applicable coverages.
b. State that coverage shall not be canceled, nonrenewed or materially
changed except after thirty (30) days written notice by certified mail to:
(i) Office of Business Development and Procurement, Attention: Rebecca
Parrish, Buyer, 1500 Marilla, 317-South, Dallas, Texas 75203 and
(ii) Director, Office of Risk Management, 1500 Marilla, 6A-South, Dallas,
Texas 75201 .
C. Waive subrogation against the City of Dallas, its officers and employees,
for bodily injury (including death), property damage or any other loss.
d. Provide that the CONTRACTOR'S insurance is primary insurance as
respects the CITY, its officers, employees and elected representatives.
e. Ensure that all certificates of insurance identify the service or product
being provided and name the City department shown in REQUIRED
PROVISIONS b.(i) as the Certificate Holder.
8/28/13 Page 2 of 3 BYZ1350 Insurance Requirements
SECTION D. (1) Without limiting any of the other obligations or liabilities of the
CONTRACTOR, the CONTRACTOR shall require each Subcontractor performing work
under the contract, at the Subcontractor's own expense, to maintain during the term
of the contract, levels of insurance that are necessary and appropriate for the services
being performed, comply with all applicable laws and are consistent with industry
standards. The Subcontractor's liability insurance shall name the CONTRACTOR as
an additional insured. (2) The CONTRACTOR shall obtain and monitor the certificates
of insurance from each Subcontractor. The CONTRACTOR must retain the
certificates of insurance for the duration of the contract and shall have the
responsibility of enforcing insurance requirements among its subcontractors. The
CITY shall be entitled, upon request and without expense, to receive copies of these
certificates.
SECTION E Approval, disapproval or failure to act by the CITY regarding any
insurance supplied by the CONTRACTOR or its subcontractors shall not relieve the
CONTRACTOR of full responsibility or liability for damages and accidents as set forth
in the contract documents. Neither shall the bankruptcy, insolvency nor denial of
liability by the insurance company exonerate the CONTRACTOR from liability.
INDEMNITY
The CONTRACTOR agrees to defend, indemnify and hold CITY, its officers, agents
and employees, harmless against any and all claims, lawsuits, judgments, costs and
expenses for personal injury (including death), property damage or other harm for
which recovery of damages is sought, suffered by any person or persons, that may
arise out of or be occasioned by CONTRACTORS breach of any of the terms or
provisions of this contract, or by any negligent or strictly liable act or omission of
CONTRACTOR, its officers, agents, employees, or subcontractors, in the performance
of this contract; except that the indemnity provided for in this paragraph shall not
apply to any liability resulting from the sole negligence or fault of CITY, its officers,
agents or employees and in the event of joint and concurrent negligence or fault of
CONTRACTOR and CITY, responsibility and indemnity, if any, shall be apportioned
comparatively in accordance with the laws of the State of Texas, without waiving
any governmental immunity available to the CITY under Texas law and without
waiving any defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and are not intended to
create or grant any rights, contractual or otherwise, to any other person or entity.
8/28/13 Page 3 of 3 BYZ1 350 Insurance Requirements
_ ADMINISTRATIVE ACTION
` ADMINISTRATIVE
-
ACTION 16
EFFECTIVE=DATE
CITY OF DALLAS SEP 0 2 2016
See Administrative Directive 4-5(Sections 8 Through 11j _ k
for Additional Guidelines and Routing
i.'Ptaoe an"X"in Elie approprfate box;c"omplte and submit this form tat the approve
l of
❑ a.Low bid contracts of not more than$70,000
❑ b.Change orders for low bid contracts:$50,000 or less(may not increase original contract price by more than 25%�- C I7
❑ c.Professional/Personal/Planning/Other Service contracts:$50,000 or less. i
❑ d.Amendments to non-bid contracts:$50,000 or less,per City Code Sec.2-34
❑ e.WRR-FM expenditures:$50,000 or less per City Code See.2-790 of the City Code. _ tv
® f.Other(explain on attachment)Extension of time w
2 ABach aJisupporNrig dosumerits rnclud�hg ofd mlarinallon as requked.ApptovaJ shall be obtained bet, servicas are rendered.-.
3, is this:expenditure rela W to a cvnstrttctCan project? YesZ No
4.'Any Admrrfinlsttallve ActlorJ tq this vendoJ ln.fhe last 12 monf( ? (#AOattach eXplatiaton) ❑ Yes ® No
&:
_ Is Fdnif.1.295 ate'rt# ale of/nierested Fettles rettutr of to cot iply with House Bait 1298 attached.((f y, ® Yes ❑ No
a
vendorN9me M & K Recovery Group, Inc. (V50000081613)
Consignment of 8-liner
StibjactDepartment DPD
amblin machines
Actlonaequesteel' Authorize the extension of agreement BYZ1350 for one year under the same terms and
conditions.
Contract Term 2/18114 To _2/17/18
Beckgrouricl On 12/11/13, Council authorized a three-year consignment contract, with two one-year renewal
options, with M&K Recovery Group, Inc. for the sale of confiscated eight-liner gambling
machines via Resolution 13-2144. This contract provides for the sale of confiscated eight-liner
gambling machines with 60% retention of the net revenue. DPD is recommending extension of
this agreement far one year.
FUND DEPT.:: UNIT ACTV OBJ: PROGRAu: ' ENCUMBPANCE VENDOR AMOUNT
Funding
Project Mo B YZ 1350 Commodity Code Financing;_.. :`
Chsnge Order No: Original CWM Nn<: Orip161 ch/AA.: . OdginaJ CR/AAi_ 1o1itlPrenious. Change Arnounf `Total Change Order Percentage
Data; ArrrounJ Chane Orders::'. includin' This order
1 13-2144 12/11/13 Revenue $0 $0 0%
i M/WBE INFORMATION Istfrrie antl Subcontrai tots use:this seotiiin for toW.brd corittects greater than$50,Ot?0 but test;ittan$70,000:
lndreateAmoun(fo; RfrlcnArrierfcan Hfspanlc" Caucasianflema/e OtJterlvlfnoriCy MWBECertificationNumber v
Each Grou .
$ $ $ $
I jbvq/.A roved as bein in accordanc ,with the 9udget and Cha ter 2 of the Dallas City Code::
_X h_7L)"
1__71
� °p� 0 . e�l� �f
By Department DirDATE Approved as to fo by CityAtto ey 6ATE1
a -G 4
By Assistant City Manager DA E
Original—City Secretary REV 09/2012
16661
STATE OF TEXAS § SUPPLEMENTAL AGREEMENT NO. I
COUNTY OF DALLAS § TO CONTRACT FOR CONSIGNMENT
SERVICES
THIS SUPPLEMENTAL AGREEMENT NO. I to that certain CONTRACT FOR
CONSIGNMENT SERVICES executed by the City Manager under the authority of Resolution
No. 13-2144, adopted by the City Council on December 11 2013, ("the Contract"), by and
between the CITY OF DALLAS, TEXAS, a Texas municipal corporation, hereinafter called
"CITY", and M&K Recovery Group, authorized to conduct business in the State of Texas,
whose principal place of business is 9104 Cameron Rd., Austin, TX 78754, hereinafter called
Consignee,evidences the following:
1. The term of the Contract is revised as follows:
The term of this Contract shall commence on February 18, 2014 and terminate on
February 17, 2018, unless sooner terminated in accordance with the provisions of this
Contract.
All other terms, provisions, conditions, and obligations of the Contract between the CITY and
VENDOR shall remain in full force and effect, and said Contract, as same may have been
previously amended, and this Supplemental Agreement No. I shall be construed together as a
single contractual agreement.
EXECUTED this the l � day of , 2016, by CITY, signing by and through
its City Manager, duly authorized to a ecute same by Administrative Action No. 16-
approved onfT ers��� /(, 2016, and by VENDOR, acting through its duly authorized
official.
APPROVED AS TO FORM: CITY OF DALLAS
CHRISTOPHER D. BOWERS A.C.GONZALEZ
Interim City Attorney City Manager
BY BY
Assistant Ci Attorn Assistant City Manager
VENDOR:
M&K Recovery Group, Ince—
B
Decareau
Direct -of Business Development
Page 1 of 1
R11QUEST FOR COMPETITIVE SEALED PROPOSALS (RFCSp)
,Signature Page, 111structions, General Conditions
SOLICITA'FION NUMBER: BYZ135(1
IWCSP Name: Consignment of 8-Liner
DUE DATE/TIME: September 18, 2013 Gambling Machines
City of Dallas
Business Development & Procurement Services
1500 Matilla,Room 3FN, Dallas,Texas 75201
Rebecca Parrish, Rebeeca.parrish@dallascityball.com
Solicitation meeting(s) September 5,2013@ 10:00 a.m.
Solicitation meeting Tvill be held at 1955 Vilbig,Dallas, TX 75708
The purpose of this solicitation is to seek interested and qualified parties that call provide consigni-nent of 8-Llqer
L I
.P.Fambling- inachines. Award will be made based on most advantaueous proposal based on score criteria in the
0
specification-,,. The City reserves the right to mvard by method deemed most advantageous to the City.
o
Specifications and all associated documents may hewiewed and downloaded
13-v submitting a solicitation response, t.he- submitter agrees to the terms and conditions outlined throughout this
Request for Competitive Scale-d Proposal -'RFCSP), also referred to as proposal herein.
L
The undersigned hereby offers to furnish and deliver the goods Or services as specified at the prices and terms
there state,d herein and if) strict accordance with the RFCSP and conditions of bidding, all of which are made a
part of this offer. After- RFCSP closing date, this offer is not subject to withdrawal without written consent Of the
City's'Purchasing Agent
A�Eel Uk
Date Full I-e
gal Company Namc
1 100 Willow St. North Andover, NNIA 01845
(Address, City, State and ZIP Coded Note: No Post Office Box
X
I elephone No. F ax No.
critail address
I Authorized Signature
Print Name Title
Note: DALLAS CITY CILARTER, CHAPTER XXII, OR
SEC. 11, FINANCLAL INTEREST OF EIMPLO
OFFICER PROHIBITED, (a) No officer or employee shall have any financial interest, direct or indirect, in any contract
with the city, or be financially interested, directly or indirectly, in [fie sale to the city 'of any land, materials, supplies, or
services,except on behalf of the city asanofficer orernployee.
Cooperative Purchasing: Should offierpyoverni-nental entities decide to participate in this contract,would you,the vendor,agree that
-111 ton's,conditions,specifications,and pricing would apply? Yes
—X No
If you checked"yes,"the following willapply: Governmental entities utilizing Inter-Governmental Contracts with tile City of Dallaswill be
ligible, but not obli
gated, to purchase rnaterial/services under this contract(s) awarded as a result of this solicitation. All purchases by
governmental entities other than the City of Dallas will be billed directly to that governmental entity and paid by that governmental entity.
Tile City of Dallas will not be responsible for another government-al enliWs debts. Bach governmental entity
rna-terial/services as needed. ovety will order its own
Stephanie Cooper
Rev.6--8/0,113 Page I tar
Doc#J31)PS-FR 1,4-'114
D
CITY OF DALLAS
BUSINESS INFORMATION FORM
Complete Legal Name of Business
M&K Recovery Group, Inc.
100 Willow st�
North Andover. MA 01845
Form of Business Entity(check one)
Texas corporation
Texas non-profit corporation
(X ) Out-of-State corporation Texas professional corporation
Massachusetts–state of incorporation
(check one) X profit — non-profit
Texas general partnership Texas limited partnership
Out-of-State partnership
state where partnership is legally registered
Individual doing business as
Texas limited liability company
Other (describe)
List the Bill name of each Officer of the Company:
PRESIDENT: Donald J. Decareau
VICE PRESIDENT: Matthew C. Decareau
SECRETARY: Matthew Q. Decareau
TREASURER: Matthew C. Decareau
Who is legally authorized to sign and execute contracts? Matthew Q. Decareau
Sean Cockburn
Who, if anyone, is required to witness contract signatures? .. David Golla
Rev.I --04/20110
DoOMPS-FRVI-140
CITY OF DALLAS
ETHNIC WORKFORCE COMPOSITION REPORT
Note.-Phase Use the Tali button.mouse or arrows to move from one section to the next Please DO NVT uve the"Gntee
Company name: M&K recovery Group, Inc.
— ------- -- ------.��
Address. 9104 Cameron Fid. Austin, TX 78754
Bid #:
Telephone Number*- 512 - 830 - 8300 Ext.
Email Address: Austin l mkrecoverygroup.corn
E Please complete the followina sections based on the ethnic composition of the (location) entity
which is listed on the signature page, form BDPS-FRM-116.
Employee Total NO. Whilt SlackHispanic Cather
Classification Employees
? flate CrF.. "F lYt F '' 6k f 1
f
Administrative/
Manzaerxat
n t
1-rotessional ;
€ Technical I
Office/Clerical
Skilled
Semiskilled
Unskilled
[ Seasonal
Totals:
a, Director of Business Development
Off-
' r' fore Title
,
s het C. De areae 9/23/2013
Typed or Printer!Name Date
Rev. 2—614112
Doc#BDPS-FBM-204
Purchasing Agem
Proposer Instructions
Failure to fi011otfl these instructions may result in your Proposal being declared non-responsive and not
considered.
Proposal CHECKLIST, (Document,-, to tie�su`bmift
ed in response to this RFCSP)
Proposal: Including RFCSP SIGNATURE PAGE
SEALED PROPOSAL RESPONSE(Proposal and Pricing)
Proposal checklist—additional documents apply to proposals of$250,000 and greater: the following documents shall be
I StIhMiRM With the J)FOI)OS511 reSPOPSC or upon request.
Business Int lusiot-t and Development Affidavit(BDPS-FRM-203)
Eflinic Workforce Composition Report (BDPS-FR-'L\4-204)
RFCSP_RFQ Contraetor*s Affidavit History of M/WBE Utilization Forin (BDPS-FRM-.105)
11
R PCSP/RFQ Contractor's Affidavit Tvr)e of Work by Ptirne and Subconsultant Form (BDIIS-FRM-206)
Affirmative Action Plan
L To be considered responsive, a hard copy solicitation response. and any other method as described in the
specification. shall be subt-nitted in a sealed package, The solicitation response may= be submitted in person
or by mail to the addressed listed above. All solicitation responses shall be received at the address listed
abov,c no later than the due date and time indicated in the -S,01icitation, late submissions will not be accepted,
? All questions, it)terpretat ions or clarifications desired Must be requested in writing. Orat statement(s) regard-inc;
the meaning or intent of the contents of this solicitation by any person other than the listed Buyer Marc
unauthorize'-i and invalid. All clarific
d - ations and answers to questions will be address iiiv,.-riting and posted on
line as an addendum to the solicitation and therefore, interested parties should frequently check the
solicitation website, to ensure that the latest and complete information hasbeen
obtained before submitting a responsc.
Questions related to --specifications or RFCSP sheet shall be directed to the buyer listed on the solicitation.
Questilons should be submitted in writing no later than the day following the pre-solicitation conference
uple-ss other vise stated in thea specifications.
4. All request,,; for exceptions to the specifications and/or insurance requirements shall be addressed in writin,Y
(e-mail), unless otherwise stated in the specifications, to the buyer listed on the solicitation no later than the
day following the pre-solicitation conference. Any chariges'to the specifications shall be addressed in
writing in form of an addendum, and will be posted online for all interested parties to view, Arty, changes or
exceptions submitted without prior written approval from the listed buyer may cause the proposal to be non-
responsive, unless the bidder withdraws the exception,,;. This section does not apply to alternative solicitation
response submittals; if an alternative solicitation response is being submitted, the responder shall mark the
response "alternative solicitation respanse". Responses not marked accordingly and are intended as such,
may be considered non-responsive.,
5. Except for the pre-solicitation conference, there is to be no contact between bidders and user departments
during the RFCSP process and evaluation process without prior approval from the listed buyer.
6, The City's procurement system is designed to send. out solicitation email notif
.1catioris to parties registered
tinder commodity codc(s) used for each respective procurement; in order to receive such notification,
R 6- a9l13
Page:2 of 7
Dric#B DPS-F7RM-114
interested parties must register for all commodity codes which closest and most accurately represent the type
of business offered. Commodity code profiles may be update at any time,
Note: If an addendum (a change to the solicitation specifications) is published that notes changes to the
0
solicitation and a response has already been submitted, the respondent must access their solicitation response,
-modify and re-submitted so the chanc-'es can take effect. Vny submitted sealed proposal may be updated prior
to the closing date/time. If the response, is not modified and re-submitted, the solicitation response will
contain intx)rrect information and could be considered non-responsive.
7. FM electronic solicitation responses to be considered successfully submitted, all lines must be completed. A
"No Bid"must be entered on each line not being bid, Do not leave any line blank or the solicitation response
Will not be successfully accepted,
8
If aSSiStL 1 InCe With submitting an.elec=tronic response is needed. 0
, y u may contact Lisa Alonzo 214-243-2131,
9. It is !he bidder's sole responsibility to review the list of current Board and Commission members to
determin-e employment or business relationship conflicts; a c0inplete listing is available at City Secretary's
web page at111
d
_-qc tyhalLconn,
10. Before submitting a solicitation response, please check all lines carefully to ensure proper and accurate
information submittal; Scaled proposals cannot be nnodified or corrected after the bid closing;dateitime,
11 1. Protest procedures - Bidders are advised that protests of specifications, terms, conditions., or any other aspect
of this solicitation, must be made prior to the bid due date. Protest of specifications and solicitation terms
and conditions made after the due date and tinewill not be considered by the Purchasing Agent,
Protest of award must be Inadle immediately, and in no event later than five (5) days after the aggrieved party
knows, or should have known, the facts -wing rise thereto, All protests must include the
information:I. 17� C, test 9
The name, address and telephone number of the protestor.
2. The signatui
-e of the protestor or protestor's representative,
1 The solicitation or contract number.
4, A detailed statement of the le0al and/or factual ground of the protest,
0 and/or
5- The form of relieffresult requested.
12. Protests shall mailed to Business Development& Procurement Services, 1500 Marilla St., Room 3FN1.
Dallas,TX`75201. Attention: the listed Buyer. Award will be made in the best interest of the City.
13, All formal bids, not proposals, are opened in a public setting; the public bid opening can be viewed via
internet at M briet'i - s-c" 1��L
—Iftngs-ag d g index L;deQ-
_ytg_.yj qdf . Persons
may also attend the public bid opening at Dallas City Hall, f5OO )barilla St. Express Business Center. Room
132115.
City of Dallas 6General Terns Ternis'and Conditions For Request for Competitive Scaled Proposals (RFCSP)
IT
Ask, . 1 TS
-.S°19",13 Page 3 of 7
DocaiBMIS-R,M-13,;
(iA) THE GENERAL WARRANTY REQUIREMENTS APPLY TO THE CITY'S PROCUREMENT OF GOODS UNDER THIS RFCSP. FOR
PURPOSES OF '1T-1E GENERAL WAR.RAN'ry REQUIREMENTS, HE TERM "GOODS" MEANS ANY EQUIPMENT, MACHINES,
TOOLS, VEHIT I ES, HARDWARE, SUPPLIES, COMPONENT PARTS OR OTHER TANGIBLE PERSONAL. PROPERTY. THE 'TERM
"CITY `,PANS THE CITY OF DALLAS,ACTING THROUGH ITS OFFICERS,EMPLOYEES,DEPARTMENTS.AGENCIES,BOARDS,
COMMISSIONS,COMMITTEES AND INSTRU:h'IENTALIIIES,
(H) BY tiL:BMII"PING:A PROPOSAL,THF BIDDER AWARDED THIS CONTRACT UNDER THIS RFC-SP(AL-SO REE'ERRED TO HEREIN AS
"VENDOR"), I URNISI II S'IT-IE FOLLOWING WARRANTY AS PROVIDED BELOW:
f 1) VENDOR NVARRANI'S T'HA`I'THE GOODS DELIVERED ARE 'vI(tL`LY MANUFACTURED, FREE FROM DEFEC'T'S IN MATERIALS
AND WORKP i ANSHIP AND CONI'C)R vI IN EVERY RESPECT TO CITY'S SPECIFICATIONS, VENDOR ALSO WARRANTS THAT IF,
DURING TIRE;WARI'..'ANTY PERIOD,ALL OR ANY PORTION OF TME GOODS:(A)FAIL FOR ANY REASON;(B)ARE DISCOVERED
TO BE NONCONFORMING, OR ARE DEFECTIVE IN MATERIALS OR WORKMANSHIP, VENDOR WILL REPLACE SUCH FAILED,
:NONC:ONFORNUNG OR DEFECTIVE GOODS A'I`ILIO COST TO CITY WITHIN THE SAME TIME LIMIT AS THE DELIVERY PERIOD
SHALL BEGIN ON 'THF; DATE OF OFFICIAL ACC'EPTAiN(F OF THE GOOKS BY CIT`:, WHICH DATE I5 EITHER THE
I STAT 1 A"F1ON DATE OR IN-SERVICE DATEAS.SHO IN ON CITY RECORDS OR THE DATE Or FORMAL ACCEPTANCE ANCE OF THE
GOODS IN WRITING BY N AUTHORIZED CITY OFFICIAL,WHICHEVER OCCURIS I=IRS'I',AND ENDS ONE(T)YEAR AFTER R THE
)ATE O THE OFFICIAL ACCEPTANCE THIS WARRANTY SMALL FSE. UNCONDITIONAL EXCEPT'HAT IT SHALL NOT:APPLY
O OBVIOUS ABUISE,MISUSE OR DA.v1.AGE CAUSED BY C11N.
("2) AS BETWEEN EN A I".ODOR AND CITY,TELE,E_X RESS WARItANT Y GIVEN IN SUBPARAGRAPH(I3)(I)IS IN LIFU OF_xNY
OTHER EXPRESS WARRANTIES, SHOULD THIS WARItA-VNF`Y FAIL OF ITS ESSENTIAL PURPOSE,CITY WILL C ON I'IISUE
TO HAVE,REC:OORSE UNDER APPLICABLETEXAS LAW,THIS WARRANTY IS INTENDED FOR T1I FXCI USM;
OF CITY, TI'S OFFICERS AND EMPL)YIDE-S, AND DOES NOT CREATE ANY WARRANTIES (EXPRESS Olt L'�TI'I.,IED) OR
CAUSES OF ACTION IN I{AVOR OR ANY THIRD PARTIES.
f ) IF +A M ANUI<A TUREP CSI THE(_;OODS OR OF COMPONENT PARTS OF THE GOODS PPOVIDES A SPECIAL OR 11':I)EI'ENDEN-F
W ARR.AN'I Y WillC7H IS I'.NEER TH N THE PERIOD PROVIDED FOR THIS WARRANTY, OR WHICH PROVIDES TERMS 'MORE
RAVORABLF:T£)CITY THANTflOSE CONTAINED IN THIS WARRANTY,THE PROVISIONS OFTHIS WARRANTY SHALL NOT BIF
00ONTR ED TO DIM11NISH OR CONFLICT VN'ITII THE SPECIAL OR INDEPEINDENT A',ARRAN-TY GIVEN BY SUCH
NI NUFAC TURER.
(C) 7FrF'SLJCC'I SSFtf r11r)r)I:1.;,ItY.5L.13.tLIT'1'L "G I1!L`I'ri17't),5 ir„
%I€>>PFf 4'TO GII' 7II7'F'OLLOIIIA(j'IA'I)Is'I1 A'I7`Y WIrH
RE'SlI C.`}'TO THE GOODS.,
I'L<.'.W)OR SHALL I)I'I'I>ND, 74"D IINIFFY AA'I) AI,—, IP,•iIdWI.ESS CITY, ITS OFFICERS, _LGE.Af75 AND L'IVIPIG}7'7:5, FROM ALL
SUITS, ACTIONS OR C'L4Lj15 O1' ANY (11 RACTER, TYPE OR DIESCRPT1O;A' BROUGHT OR MADE ON ACCOLsA'T OF il.l4''Y
PERSOAi11 1711"R)' (18"CLLTVNG DEATH), PROPERTY I)MIAGL OR OTHER ILTliW FOR WHICH ImC,'OTIERY OF DA31AGES IS
SOUGHT,SC'Ff"E'RED BY A ArY P7'I11SON OR PFRSOA'S,AlUSING OUT OF OR OC'C`ASIO;AF'D FY A i`I'BRI i CH O A I'IF'.ARIZ tNT t',
E PR&� S OR 141P£II<I),AS TO TIAs GOODS OR THE FAULT SUBC"O4'TRACTORS, 114' 'PITT. PIsRFOR,41Ab'CE OF THE CO14TRACT'
PU'RCHISIE ORT)ER OR PRICES _ GRFEA-fI*NT- PROVIDED, HCaWE E`rC, THAT THIS IYT370,1A'ITY SHALL NOT APPY TO A,,VY
PERSONAL INJL>RI LYC°LUDr;'�CE (Ij'CI:L{"I)1, £JI ATH), PROPERTY IJ:A-VIAG ' OR 07.111s1t 17 R11 CAUSED SOLELY BY THE
A''C'C I IGF.i'7 C SI,:Iif517SI:OR ABI'i OF THE GOODS BY CITY,OR CA USED SOLELI-B .F:NY., f,,GLIGIEA'7t1C.'T OR UAIISSION'OF
C171"UNRELATED TO TIll':LSE OF THF GOODS. .IN THE, EVI,"VT()14VOLV4T OR CONCURRING RESPONSIBILITY Or, VENI)GR AND
C:I'TY RESPON' 113tLITY AND I14'DLiI'LYIT`)', IF ANY SHALL BE Al'PORIVONED CO.JVP.4RITIII'LY'L1` ACCORIJANC'i_' IVITH THE
I..�WS CII`- 711E S`TAT[I:OF TERAS, WITHOUT,HO6 EW,'R, II'AIITLA'G ANY GOI'I'r2NHE� ,VT•AL LILAf1JV1TY AVAILABLE TO THE CITY
UNDER 'fEk!S 1 4'1 . 'PHIS PROVISION.YHAII i'4OI 177E COLS 5TRL,P'D FOIZ THFI II[",V TIT OF A,\Y'f'H1]21)PAIITI NON DDI,,. II'
CREATE OR CGIsaI;AT ANY RIGHT OR CALWE OF AC'TIO:V 12V FAVOR OF ANY THIRD PARTY AGAINST C17-Y OR 1,TAI)OR. THIS
17COI757Ct C 7377; 'G SOLI'I Y INTENI)ED TO PROVIDE FOR IS�DI ilEVIFICATION OF CITY IRO31 LIABILITY FOR DAJ11AGE TO
TH71H)PI RSO S OR PROPFRTY.A,S SET FORTH I'4'THIS PARAGRAPH.
R_ I"IREME,' I'S: BY Sl IBMIITI'IG A PROPOSAL.,BIDDER AGREES TO SUPPLY-1.0 THE CITY OF DALLAS("CITY')'FHF GOODS OR
SERVICES DESCRIBED IN THIS RFCSP IN AC'CORDANC'I' WITH THESE GENERAL CONDITION'S rNI) CIT'Y"S SPECIFICATIONS AS
ATTACHED TO,`ANIS MADE A PART OF THIS RI'CSP.AND ANY A RLI'TT N ADDENDUTAS TO T141S RFCSP ISSUED BY CITY PRIOR TO
'FILE DATE OF PROPOSAL OPENING,
L RE{..I EYP OF PROPOSALS: ALL PROPOSALS RESPONDING TO THIS RF(.-"-SP MUST BE RECEIVED AND LOGGED-IN IN THE
BUSINESS DEVELOPMENT AND PROCUREM.i NT SERVICES OFFICE IN ROOM 3/FINORTH, 1500 MARILLA, DALLAS,TEXAS 75201
BY TI IE TIME AND DAPI:SPECIFIED IN THIS RFCSI'.
3, PROPOSAI, AWARD) AWARD WILL BE M1AI)I" TO THE MOST ADVANTAGEOUS BIDDF_R/PROPOSER(S), CITY RESERVES THE
RIGHT To REJECTANY OR ALL PROPOSALS AND TO WAIVE MINOR IRREGULARITIES OR DISCREPANCIES IN ANY PROPOSAL;AS
MAY BE IN THE BEST INTEREST OF CITY. LATE PROPOSALS DO NOT COMPLY WITH CONDITION #2 AND WILL NOT BE
ACCEPTED.
4. SIGNATURE:RE: ALL PROPOSALS MI IST ISE SIGNED IN INK,13Y HAND,IN TTIE 8PAC E MAR-KED"AUTIIORILED SIGNATURE.-
i, CO'vI LFCT C)F INTI'k RIfST. IN ACCORDANCE WITH CHAPTER X II SECTION 11 OF THE CHARTER OF THE CITY OF DALLAS, NO
OFFICER OR EMPLOYER OF CITY SHALL HAVE A FINANCIAL INTEREST, DIRECT'OR INDIRECT, IN ANY CONTRACT WITH THE
CITY 012 BE FINANCIALLY INTERESTED, DIRECTLY OR 1NDIREC711N. IN THE SALE TO CITY OF ANY LANNI), MATERIALS,
SUPPLIES OR SERVICE&
Rs>v,6-B IVV0 Page 4 of 7
6. Pltol-O'SAI, SUBMbSION: '�VHEN RESPONDING TO A PROPOSAL, IT IS THE BIDD R'S I ESPONSIBILITY TO IDENTIFYTjjj--
PROPOSAL St'113NIISSION BY PLAINLY INDICATING THE PROPOSAL NUMBER AND PROPOSAL OPENING DATE ON T14E FROM]'OF
A SFALED EilWFLOPE."NO BIDS"SHOULD13E RETURNED BY THE PROPOSAL OPENING DATE WITH"No BID"INDICATED ON THE
ENV E-4,0111-11 IN ADDITION TO THE PROPOSAL NUMBER AND PROPOSAL OPENING DATE.CITY ASSUMES NO RESPONSIBILITY FOR
PROPOSALS NOTPROCESSED DUI Tib THE FAILURE OF THE BIDDER TO IDENTIFY THE ENVELOPE AS A PROPOSAL RESPONSE,
7, FfRN-1 PRIC[7,S�� UNLE-." OTHERWISE STATED IN CITY'S SPEC.IFICATIONS, ALI, PRICES kVILL BE CONSIDERED FIRM FOR
ACCEPTANCE WITHIN ONE HUNDRED' FIF`[-Y (ISCI; FE) DAYS AF. R PROPOSAL OPENING. THESE PRICES MAYBEEXTENDED BY
WRITTEN AGREEMENT OF THE BIDDER,
S. S L,B_5 Tf T I I ADONS- ANY CATALOG OR MANUFAC11-)REWS REFERENCE IN 'TTIIS RFCSPIS DESCRIPTIVE, BUT NOT RE-STRICTIV`F,
AND IS I'ISE[) ONLY TO INDICATE TYW PE AND GRADE', UNLESS THE SPECIFICATIONS STATF, SUIDSTITt-!TIONS.-- IF Tfirz
SSI ECIFICATIONS ARE SILENT OR ALLOSUBSTITUTIONS, OTHER ITEMS OF SIMILAR AND EQUAL QUALITY WILL BE
CONSIDERED PROVIDED THE BIDDER STXIT-S IN THE PROPOSAL EXACTLY WHAT THE BIDDER INTENDS TO Ft RNISI-1,4
(YFHERWISETHE BIDDER SHALL BE REQUIREDTO FURNISH THE ITEMS AS SPECIFIED IN THIS RFCSP,
9- VII-1110DOI' AWARI). PRICES S HOUL )-B EITEiMl ZE 1)AS RFQ U-STET) I NN THIS CITY RESERVES THE R!G HT TO AW A P D
BY LINE ITEM , BY GROUP. IN ITS ENTIR1-7Y, OR 13Y METHOD DEEMED MOST ADVANTAGEOUS TO THE CITY, UNLESS
OTHERWISE SPECIFICALLY STATED INTHL-,SPECIFICATIONS. THE ClPf SHALL BE THE FINAL AUTHORITY AS TO THE METHOD
OF AWARD.
W, DFLIVERY TERMS-, UNLESS OTHERWISE STATED IN THE 4flECIFlCA7I`ONS. A,t-'- GOODS DELIVERED UNDER A CONTRACT
WAR DE D TI I RO UC I I'
1-11 S RFC S 11 SH ALL BF,,CON SI DE R ED AS FOB DALLAS DE LI VE R Y SITE OR ADDRESS.
DISCREIINNCIES AND ERRORS IN C;VSE OP A DISCREPANCY BETWEEN THE UNIT PRICE AND THE FXTENDEDTOTAL FOR
rV
BID ITE110,THE FIGURE T14AT IS MOSTADVANTAGEOUS TO THE CITY WILL BE TAKEN, PROVIDED THE OVERALL, RESULTS OF
BIDDIN'61 ARE NOT CHANGED. A PROPOSAL THAT HAS BEEN OPLIN1,13 MAY NOT BE CHANGED FOR THE PURPOSE OF
CORRECTING AN ERROR IN THE BID PRICE,
A -PT,1LBILITY: CITY IS,THE FINAL KIDGE OF PRODUCT ACCEPTABILITY FOR GOODS OR SERVICES OLIOTED UNDER THIS
CCE
J..c
R-E RESERVES CITY RESERVES THE RIGHT TO RE?VIOVE A COMPANY FROM ANY VENDOR OR COMMODITY LIST FOR (1)
CONTINUED FAIL -UR1TO RESPONDTO RFCSI's,(2)FAil-URETO DELIVER GOODS OR SERVICES WITHIN THE PROMISED TIME,
7
DELIVER YOF SUBS-EANDARD GOODS OR SERVICE 7
�,S�OR(4)1ALLURE TO PROVIDE GOODS OR SERVICES AT THE SUBMITTEI)BID
4. (JPFN RECORDS: TRADE,SECRETS AND CONFIDENTIAL INFOR'NIATION CONTAINED IN A PROPOSAL ARE NOT OPEN TO PUBLK
INSPEC11ON (BID PRICING, HOWEWER, 1S NOT CONSIDEREM TO BE CO
NTFIDENTIAL UNDER ANY CIRCUMSTANCES). BIDDER'S
WHO INUvE INFORNMATION IN. A PR6POS-ALTHAT IS LEGALLY PROTECTED AS TRADE SECRET OR CONFIDENTIAL NIUST
CLEARL) INDICATE WHAT INFORMATION CONS111`UT ES A TRADE SECRET OR CONFIDENTIAL INNFORNLkIlON BY MARKING
THAT PART OF THE PROPOSAL "TRAD' SEC:RE"I" OR "CONFIDENTIA L" A] THE, APPROPRIAll, PLACE, CITY WILL NOT BF'
RESPON'SIBI-L FOR ANY F'J
PUBLIC DISCLOSURE OliE TRADESECRET OR CONFIDENTIAL INFORMATION IF IT IS NOT E-
MARKD-
AS PR()VIDED ABOVE,114-A REM EST IS MADE UNDERTHETEX-A.S OPEN RECORDS AC7TO INSPECT fNFOR,\4ATION-, Dr,SIGNATED
AS TRADE. SECRET OR CONFIDENTIAL IN A PROPOSAL, THE BIDDER SHALL, UPON REQUEST, IMMEDIATELY FuRNISII
SUFFICIENTWRITTEN REASONS AND INFORMATION AS TO WHY THE iNFORMATION DESIGNATED AS A TRADE SECRETOR
CONFIDENTIAl SHOULD BE I'll QTECTED FROM DISCLOSURE, IN ORDER FOR THF CITY ATTORNEYTO PRESF�NT THE MATITR
I'0 THE 11"I"IT)RNEY GENERAL oFTI-XAS FOR FINAL DETERMINATION.
-`L THE -IONS OFTHE PARTIES UNDER A CONTRACT AWARDED THROUGH THIS RFCSf` ARE PERFOWMED IN
LE-N—t - OBLIGAJ
DALLAS COUNTY, TEXAS, AND IF LEGAL A(--,'I'fON IS NECESSARYTO ENFORCE SAME, EXCLUSIVE VENUIT, SHALL BE WITHIN
DALLAS COUNTY,ll'i'.KAS.
16. GOVERNING LAW, ALL SEALED PROPOSALS SUBIMITTEI) IN RESPONSE TO THIS RFCSP AND ANY RESULTING CONTRACT
ALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF DALLAS
AND THE LAWS AND COURT"DECISIONS OF THE STATE OF TEXAS,
17. DELtVFRIE-S- DE-LIVERIES WILL BEMADE ONLY BY Ai THORIZA'1`10N OF THE CITY'S PURCHASING AGENT OR A(Y1110RIZED
DESIGNEE, AS REQUIRED AND ORDERED BY CITY. SUPPLIER
1PPLIER MUST RECORD FOR EACH ORDER RECEIVEDTHE FOLLOWING
INM
FORATION: CFFY�S DEPART 'N' OR DIVISION, EMPLOYEE'S NMME, PHONE NUMBER, DELIVERY,11,13311JANU ADDRESS,
AGENCY NUMBER. AND REQUISITION NUMBER INFORNMATfON IN ORDER TO BILL THE PROPER CITY DEPARTMENT AT THAT
DES[GNI,kY'Er) ADDRESS. BIDDER MUST OBTAIN '1'I-IE CJTY EMPLOYEF'S SIGNATURE AND CITY EMPLOY E,,E NUMBER ON
DEL IVERY1, ALE.S TICKETS WHEN MERCHANDISE IS PICKED UP OR DELIVERED AND MAY REQUIRE EMPLOYEE
IDENTIFICATION CARD OR DRIVER'S LICENSE,BIDDERS SHALL STATE THE DEI IVERY DATE ON ALLORDERS.
IS RN-S—PE(-:TlQr��- BIDDER WARRANTS THAT ALI.DELIVERIES UNDERTHIS RFCSP WILL BE OF THE TYPE,AND QUALITY SPECIFIED.
CITY MAY REJECT OR REFUSE ANY DELIVERY WHICH FALLS BELOW T14E QUALITY REQUIRED IN THE SPECIFICATIONS AND
CITY SHALL NOT 13E FfFLDT0 HAVE ACCEPTED ANY DELIVERY UNTIL AFTER iF HAS MADE AN INSPECTION OF SAME AND HAS
HAD AN OPPORTUNITY TO EXERCISE THIS RIGHT OF REJECTION.
19, TRANSP`ORTAllON LARGL-S, BIDDER SHALL BE RESPONSIBLE FOR ALL CHARGES WHICH RELATE TO THE DELIVERY OF
THE GOODS TO CITY'S PLACE OF BUSINESS AND FOR. THE RETURN TO BIDDER OF ANY GOODS REJECTED AS BEINO
NONCONFORMING,UNDER THE SPECIFICATIONS,
20, UNEI'PRICEIES'll kl*EoDoIJANTI�FY-. IF'1'1:1[SRI--'CSPC,',,*%LLSFOIZI,INFITFN;IU�NI'I'PRi('EBII)S,I-I-IEQUAN-1-ITIESI)ESCRIBEI)IN
- LkI—Urfivi
Rev-,6-8-i 19113 Pagc 5 of 7
Doe,M)PS-FRM-134
EACH LINEEIFN4 ARE BASED UPONTML BEST AVAILABLE INFORMATION,THECFFY'S BUST ESTIMATE OF ANTICIPATED NEEDS
AND ORDERS. 'PHIS ESTIMATE ISNOTA E;
OUARANTETHE QUANTITIES ACTUALLY ORDERED MAY BE MORE,RE OR LESS THAN
ESTIMATED. PAYMENT UNDER THE CONTRACT WILL BE BASED SOLELY ON THE UNIT PRICE OR PRICES QUOTED FOR THE
ACTUAL NUMBER OF LINE ITEM UNITS PROPERLY PERFORMED OR DELIVERED UNDERTHE CONTRACT,AND NO EXTRA COSTS
OR CLAIMS FOR EXTRA COSTS BEYOND THE BID UNIT PRICE WILL BE ALLOWED, ALL REASONABLE COSTS OF LABOR.
MATERIALS AND OTHER REASONABLE AND NECESSARY COSTS,INCLUDING REASONABLE OVERHEAD AND PROFIT,REQUIRED
TO SUPPLY THE GOODS OR PERFORM THE PARTICULAR QUANTITIES OF WORK REQUIRED IN THE SPECIFICATIONS SHALL BE
INCLUDED IN THE BID QUOTATION FOR THE LINE ITEMS STATED IN THE PROPOSA—T COSTS JVOTLN"CLUDED OR CALCUL4TE'D
LV THL'AlIPLICBLE UNIT 11R[(TS AS BID WILL NOT BE 11AID BY THL CITY, REGARDLESS Or, TILLS L-VTF,N/TION OF 7- -
11fDDF'1?
TVIIEV,T11E RTD TVA S'S trAWITTED AAW RE�GARDLESS THAT THOSE COSTS VVERE A CTUALL Y LVCVRkED.
2
1- ISP S: PROPOSERS MUST SUBMIT MATERIAL SAFETY DATA SHEETS WITH THE PROPOSAL FOR ANY HAZARDOUS CHEMICAL
QUOTED OR SUPPLIED UNDER THIS RFCSP.
22. Fi-ULLTRETODELIVER: BY SUBMISSION OF A SEALED PROPOSAL. PROPOSER AGREES THAT IF THE PROPOSER IS UNABLE TO
M AKE A DELIVERY IAF THE QUANTITIES ORDERED AT THE QUALITY R FQtTIRED UNDER THE SPECIFICATIONS,OR FAIL CURE
THE PPOBLI.-Al WITHIN A REASON ABLE LENGTH OF TIME AFTER NOTIFICATION, THEN CITY' SHALL 13E AUTHORIZED TO
PURCHASE QUAN'TIT.IIS WHEREVER AVAILABLE, AND PROPOSER %,IA) BE DI BAFOtLD 1;'Nl) R-E-tvIOVE.D FROM ClIA"S V1AN-f)(JR
OR C01MMODITY[-!ST.
'1 ASSIGNINIENT: BIDDER SHALL NOT ASSIGN, TRANSFER, PLEDGE OR HYPOTHECATE A CONTRACT AWARDED UNDER THIS
i,�FCSPIN AA HOLE OR IN PART-W(J-HOU-1-1-III:EXPRESS PRIOR WRI-f-FENt CGINSF.-NIT OF CITY'S PUFRCHASING AGENT,ASSIGNMENT
T-111CO
OF E NFIRACT, IF APPROVF1-*D By CITY, SHALL NOT RL-1.1I VE BIDDER FRWkI BIDDER'S OBLIGATIONS UNDER THE
CONTRACT. APPROVAL BY CITY OF ONE ASSIGNIMENTSHALL NOT(.ON�STI'fti"I'F.'A!'!'RC)-V;AL OF ANY FUTURE ASSIGNMENT OF
,rHE CONTIR.ACT.
24, TL RA4INpVr1ON: CITY MAY TERN41NATE A CONTRACT AWARDED UNDER THIS RFCSP IN WHOLE 011, IN PART FOR CAUSE OR
coR T�i"—IERCT f--,,YGIVING -T`E-N (W) DAYS WRITTEN NOTICE THEREOF TO BIDDER- CITY WILL COMPENSATE BIDDER IN
,ur,CORDANCE WITH DTII TERIAS OFTHE CONTRACT FOR ALL CIOODS OR SERVICES PROPERLY DELIVERED AND ACCEPTED
PRIOR TO THEEFFE(TFIVE DATE OFSU'1CH NOTKT
25, �'GOOD PAITR I EF )RT: BIDDERS ARFREQI.-;IREDT0 ABIDE"BY-FLFF-1 PROVISIONS OF CITY"S'GOOD FAITH ETFORT PLAN.A COPY
�L 11"Arl1i EFFt
OF WHICH IS A-1-FACHEI-YCST AND t%4ADE A PART OF THIS RF`CSP,
NON-1)LSC7 RIM JNA
I()N, IF THE I ROVIS IONS OF CHAPTER I 5B OF THE DALLAS C.FrY CODE ARE APPLICABLE TO—CHIS RFCSP.
ANY COMPANY WITH A CITY CONSTRUCTLO;N, CONTRACT OF MORE. THAN S15,000. OR A CITY CONTRACT FOR THE
PROCUREMENT'o,-GOODS AND COMPETI'FIXT-A-Y BID SiERVIC'FES OF MORE THAN S50,0W, IS PROHIBITED FROM DISC IUMINATING
AGAINST ANY EMPL,OYEE OR APPLICANT FOR EIMPLOYMENT BECAUSE OF RACE, AGE, COLOR. RELIGION, SEX, NNATIONA-L,
ORIGIN. OR HANDICAP STATUS, THE BIDDER SHALL 'FAKE AFFIRMATIVE ACTION TO INSURE THAT APPLICANTS ARE
EMPLOYED, AND THAT EMPLOYEES ARE TREATED EQUALLY DURING EMPLOYMENT )NqT'IOUT REGARD TO RACE, AGE,
COLOR,RELIGION,SERI NATIONAL ORIGIN,SES(JAI-ORIENTATION,OR HANDICAP STATUS.THIS ACTION SHALL INCLUDE, BUT
I NLJ&11141) TO H
NO BE - I
� TE FOLLOWING: f"MPLOYMENT, UPGRADING, DEMOTION, OR TRANSFE--,R; RECRU-1710EN'TOR
RECRUITMENT AD,ERTISIN-G. LAYOFF OR TERMINATION: RATES OF PAY OR OTHER FORMS OF CONIPENSATION; AND
SEL COTI
TION FOR TRAINING, INCLUDING APPRENTICESHIP. ANY PERSON WHO BELIEVES A C'ONTRACTOR HAS VIOLATED ITS
0 1
OBLIGATIONS UN'DER CHAPTER CAW
15B SHOULD ONT� TTIIE CITY MANAGER,CITY OF F)ALLAS, 1500 NIARILi-A STOM
S'T'REET, ROOM
DALLAS,TEXAS 7 5201,
CON717RACr: IN CASE OFA DISCREPANCY BETWEEN THIS Rl--(-'.SP AND THE FORNIAL CONTRAC-F,THE FORMAL CONTRACT WILL
C,ONTROL-
2S. ESCI-kLATOR C1 USE., LiNLESS SPECIFICALLY REQUESTED IN THIS RFCSP, THE SUBNFISSION OF ESCALATOR CLAUSES,
INDEXES,OR FACTORS WILL.NUI-LIF—YTHF ASSOCIATED PROPOSAL,
Z9. TAXES: CITY IS EXEMPT FROM ALL. FEDERAL EXCISE TAXFS AND STATE AND LOCAL SALES AND USE TAXES, PROPOSERS
SHOULD THEREFORE NOT INCLUDE THESE TAXES IN THEIR SEALED PROPOSALS. PROPOSERS CONTRACTING WITH CITY
CANNOT PSU CITY'S TAX EXEMPTION S'T'ATUS AND NUMBER TO PURCHASE GOODS OR SERVICES RELATED TO THE
CONTRACT. IF THIS RFCSP IS FOR C ONSTRUCTION SERVICES OR FACILITY CONSTRUCTION,DISREGARD THIS CONDITION AND
RFFERTO THE APPLICABLE CONSTRUCTION SPECIFICATIONS.
30. PAYl%1ENT, INVOICE'S MUST BE SUBN41TTF-D TO THE APPROPRIATE CITY BILLING ADDRESS WITH OR AFTER DELIVERY OF
GOODS OR PERFORMANCE OF SERVICES- ALL CONDITIONS PREVIOUSLY STATED REGARDING INSPECTFION AND DELIVERY
MUST BE MET IN ORDER FOR PAYMENT TO BE MADE, NO CONTRACTOR OF THE CITY SHALL BE ENTITLED TO INTEREST ON
ANY LATE PAYMENT CAUSED BY ANY CLAIM OR DISPUTE,OR AS A RESULT OF THE WITHHOLDING OF MONEY THE CITY HAS
A LEGAL.RIGHT OR OBLIGATIONTO WITHHOLD UNDER THE CONTRACT OR STATE LAW.
-IL NVARRANTIEN.- BY SUBMITTING A SEALED PROPOSAL, THE PROPOSER AGREES TO COMPLY W111-f ']'HE CITY'S GENERAL
WARRANTY REQUIREMENTS FOR GOODS PROCUREMENTS OR OTHER APPLICABLE CITY WARRANTY REQUIREMENTS FOR
GOODS OR SERVICES AS DESIGNATED IN THIS RFCSP OR THE FORMAL CONTRACT.
5?. TAXPAYER IDENTIFICATION: A BIDDERTHAT D( ES NOT HAVE A CURRENT W-9"REQUEST FOR TAXPAYER IDENTIFICATION
ANN) Cf--'.RTIFJCA'FION" FORINI ON' FILE, WITH CITY WILL BE REQUIRED TO PROVIDE SUCH PRIOR TO AWARD OF ANY CITY
CONTRACT,
3 3, DISOUALIFICAXION OVBJDDER:BIDDERS MAY BEDISOIJALIFIED AND THEIR PROPOSALS NOT CONSIDERED FOR ANY OF THE
FOLLOWING REASONS-.
Rc v.6-8/191/13 Puge 6 of 7
Doc?0EMPS.FRNI-!34
COLLUSION AttIONG BIDDERS
13IL1DER S HISTORY OF FANG FRf,'QI'ENT, F�CESSIVE, AND I+ ERI`ILESS OR FRAUDULENT CLAINIS AGAINIST THE CITY, Olt
AGAI°_NST OT HER C'ON 1`RACTORS ON A CITY�¢ PROJECTBI€�DF:R S ARREARAGES OR,DLFAIIL I'ON A:1 EXISTIN6 OR PPI ti'IOUS C'ONT"RACT WITH THE CITY
IDDIJCS LACK OF I IiNANCIAL SI'ABILITY .AS REVFALED BY FINANCIAL STATEINIENT, IvXPERIENCE OR EQUIPMENT,
JU;~STIONNAIRE& REFERENCE'S, BANKRUPTCY OR RELATED CONDITIONS
BIDDER'S F'ENDIN(i Pi Ola"i'S wHicH,Ixti TLTT 3( t:},:r�fiE v"C`CiP E�I'I'1,�tr1LL I'Iit 4l;v"I i�R I II"I31;R"1'FIEC`CI�IYLE'IIf}N
OF ADeft TICiNAL.L�`OR II _W RDED
ANY FACTORS C I)`SCF?RAIINCx T`HI BIDDER'S QUANTITY OR QU I-11-Y OF THE WORK T"C?BE PER:FOR:NOED OR OTHE FACTORS AS
DEFAIFII,APPROPRIATI 13Y TI US F F'C:SP_
34 CC N7E.-k .i'L'4'I i`EF CITY S 1 xF14' DURING THE RFCSP PROCF;,SS, BIDDERS SHALL et}T"Cf)NTAC I`AvY CITY STAFF LkC EYT'F'Ht)SE
DESIGNATED IN THE TEXT OFTHIS RF SP OR IN SUBSEQUENIT ftDDENDUMS OR CORRESPONDENCE. ANY QUESTIONS OR
€ O CI',RNS SHOULD LD B :ADDRESSED IN `_'RIT WG O CIT°,'S PURCHASING AC PINT OR DESIGNEE, 1500 MARILLA, ROOM
L ", C}RTr1, DALLAS,
TUAS�`.i 7520-L NON-CO IPLIAI,C('; WITH THIS PROVISION ItiIAY RBSUf:F IN REJE4 T'It)N C)F THF. SL.r1LET.?
i't CIPOSAL..
OL,BET- CIT 'MAY,AT ITS OP IOM OFrSE i`A Y A%101 J IrT;S DEE AND PAYABLE UNDER A C'ONTRAC'T ANV RDED UNDER THIS
€tFCSP A'G INST �;,,`Y DEBT(INCLUDING TAXES)LAWFULLY DUE TO CITY FROM A VENDOR, REGARDLESS OF WHETHER THE
ArNIOUNd DUE ARISES PURSUANT TO THE TERMS OF THE C:ON R C71 OR OTHERNVTSE AND REGYARI IT. ,SS OF WHFITITR.OR NOT
"€ITLDEB-I'DU%,?OCITY HAS BEEN REDUCED TO JUDGMENT Iii ,.CO RT.
16. NIODI L(F TIONS TI41S I-F`C:SF CAN ONLY BE. M(:)DIILL ED OR RE-VISIED By ��RIT ll-N ADDENDUM PREPARED BY C;€'I:`t' ANI")
iS1_ t} C3R 1?I T '€I3t. }I,}} B CITY S B3 JSI ESS Ftb 4,lwF' EN AND PROC URp,11'�IT'DIF` 4E;I�1'ICI S I}I '. F l'�tF? t}Ix i.,
MODIFICATIONS'�T IO S SHALL NOT BE PEII.NMI I'ED AND ARE NOT .t E HORIZL.D. -
PRf3PI I t ClIt1T's € tI3.I RI 'I"E3 C S!;Ci 1 4"a BID tIt �D I slt2, F BOD SFC 1 i?I€ ISrZF()UI I D THE PC)Id SCI r1 Bit) IsCiNE}, OR I I 1_S E<ID ItF,SP€"\SSI=
Financials
Using the historical sales data, the current market conditions, and the City of Dallas'
requirements for no complete unit sold within the State of Texas. M&K Recovery Group
proposes a tiered commission plan on all sales REQUIRING A STORAGE TRAILER(S)
as follows:
Trailer Activity M&K Commission City Commission
Stored for 1-45 days 40% 60%
Stored for 46-90 days 50% 50%
Stored for 91-120 days 60% 40%
Stored for more than 121 days 70% 30%
We believe that this approach insures that the burden of the storage costs is shared between
the City of Dallas and M&K. While the city will never be billed for the storage trailers; there will
be a benefit to the city with higher percentages of the sale price for continuing to utilize this
program. This percentage will be used no matter if the machine is being sold complete, for
parts, or for recycle. Recycled commissions will be split after all associated costs for
environmentally responsible recycling.
Knowing that other agencies may utilize this agreement as well, but NOT REQUIRING A
STORAGE TRAILER(S) process currently being utilized in Dallas; M&K proposes a tiered
commission plan as follows:
Sales Method M&K Commission City Commission
Sold as Whole 35% 65%
Sold as Parts 45% 55%
Recycled* 50% 50%
*Recycled commissions will be split after all associated costs for environmentally responsible
recycling.
RECOVERY GROUP
M&K Recovery Group
Consignment Point of Sale
Seized Gambling Machines
Presentation
RFP—BYZ1350
M&K Recovery Group
Presentation RFP-BYZ1350
M&K Recovery Group
9104 Cameron Rd.
Austin, TX 78754
M&K Recovery Group would like to thank the City of Dallas and the Dallas Police
Department for the opportunity to submit a response to the request for proposal for the
sale of seized gambling machines. M & K Recovery Group is an R2—certified, veteran-
owned small business providing precious metal refining and e—cycling services with
operations in North Andover, Massachusetts and Austin, Texas. Management's refining,
recycling and reclamation expertise spans 35 years, and includes experience with both
U.S. and European facilities. The company's asset management philosophy is focused on
sustainable solutions which protect the environment and maximizing asset recovery.
Drawing upon management's three decades of experience in the refining and recycling
industry, M&K offers a unique suite of asset recovery services. Core competencies
include reverse logistics, IT asset and e-waste disposition,remarketing, recycling,
precious metals refining, and data destruction. Our flexible solutions leverage
technology, processes, and customized programs to provide services focused upon
delivering exceptional results. Product knowledge and processing expertise combined
with the broadest spectrum of in-house recycling capabilities, including state-of-the-art
chemical refining, shredding, and testing, allow us to maximize your ROI.
Environmental stewardship is the foundation of M&K's asset management and recycling
program. Our web-based process controls system, AssetTrak, offers comprehensive
tracking and downstream reporting, ensuring our partners environmental compliance and
final disposition of all materials remarketed, recycled, or refined. This auditable
inventory management program provides complete visibility of every serialized asset and
scrap commodity as it moves through each secure phase of processing. These compliance
reports document that your product has been recycled and accounted for, indemnifying
customer's against regulatory liability for improper disposal.
Please let us know if you have any questions about our proposal. We look forward to
working closely with the City.
Sincerely,
Sean D. Cockburn
Business Development Manager-Austin, TX
Page 2 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Introduction
As jurisdictions within the State of Texas prosecute illegal gambling cases, more and
more run into the problem of what to do with seized gambling machine machines. The
devices take large amounts of storage space, contain environmental hazards that must be
managed if the machines are destroyed, and require special safeguards for resale to
prevent reentry onto the same market. Eventually, jurisdictions can run out of room or
become inundated with too many games, leaving them unable to seize anymore.
Additionally, the storage and destruction fees use money that could be spent on other
projects, and the processing consumes valuable personnel time.
Over the last four years, Sean Cockburn has worked closely with the Dallas Police
Department. His knowledge of the program, along with a proven business model to
include the sales of gambling machines will provide a seamless transition. We have
addressed the concerns of our numerous clients while increasing their revenues. As the
City of Dallas looks for effective ways to divest itself of the forfeit games, M&K
Recovery Group has a detailed strategy for quickly and profitably consigning the items.
M&K Recovery Group sees our contracts as partnerships. Our business centers on an
open book approach, and we will always make ourselves available at any level. As you
see from our experience and references, we strive to maximize your return while
protecting your privacy and freeing up your facilities and personnel to do what you do
best.
Page 3 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Experience, Background, and Qualifications
With more than 30 years of experience, the veteran-owned company has been providing a
broad spectrum of in-house reclamation options for manufacturing, government and
corporate America.
Company Structure
Don Decareau
President/Owner
William Rockett Matthew Decareau Jacqueline Debus Charles Fleming
VP-Operations VP-Marketing Controller Recovery Manager
David Colla Sean Cockburn
Direct—TX Operations Bus Dev.-rX Operations
Texas Facility
Warehouse/Support
Staff
Successful and high profit sales require experience, superior customer service, and an
efficient product flow. Our recovery solution maximizes client asset recovery with
flexible program that fits the needs of the business. Your project will be managed by
Sean Cockburn, Business Development Manager-Austin. His experience,plus having
one point of contact for all your needs will facilitate a long lasting relationship between
our businesses. M&K Recovery Group currently operates a successful eBay account with
over 10,000 feedbacks, with a positive rating of 99.4%.
Page 4 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Over the years, M&K Recovery Group has refined our techniques to reduce overhead and
increase our returns to our clients.
Many of our items come from various contracts we have:
• Multimedia Games
• Foxconn
• Flextronics
• Austin Task
• Gruene Enviromental Construction
M&K Recovery Group is an ISO 14001:2004, ISO 9001:2000, OHSAS 18001:2007 and
R2 Certified. These certifications mean that we have processes, follow the process, and
successful pass annual audits, in quality, and environment compliance.
We set the bar high with extensive knowledge of environmental regulations and reporting
standards. Our de-manufacturing team breaks items down into their base metals and
electronic components, again producing the highest return possible for the items.
In 2006, M&K Recovery Group expanded operations into Austin, Texas. We currently
have locations in Massachusetts, Florida, and Texas.
Corporate Office Austin-Facility Florida-Sales Office
100 Willow St. 9104 Cameron Rd. 28385 Sombrero Dr.
North Andover,MA 01845 Austin, TX 78754 Bonita, FL 34135
Facilities
M&K's R2 certified 35,000 square ft. headquarters, located in North Andover, MA, is a
state-of-the-art processing and refining operation, licensed by a Massachusetts
Department of Environmental Protection Recycling Permit. In Austin, TX we operate a
R2 certified 18,000 square ft. facility which is a licensed Recycling Operation by the
Texas Commission on Environmental Quality.
Our operations are under 24—hour, taped camera surveillance, and access-controlled.
Facilities are outfitted with shredding equipment for destruction of hard drives, tape and
optical media, circuit boards, IC's and other proprietary surface-mount components.
Page 5 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Proposed Operations Plan
M&K Recovery Group would carry out the proposed contract with the City of Dallas
according to our established and proven business plan.
M&K drops trailer D P D seizes
at DPD Impound gambling machines WO DPD load trailers
for M&K transport
DPD calls for
pickup for released Trailer moved to
machines M&K yard Manifest Verified
M&K Determines
best method of M&K Processes
sale Machines Sales
Payment
Processed Online Inventory Shipping
System Updated
M&K Recovery Group would provide a storage trailer or multiple trailers if needed, at
1955 Vilbig Rd, Dallas, TX, at no cost to the City. The City of Dallas would be
responsible for loading the trailer and securing the property. When the truck is ready,
M&K will transport the games to our yard, and leave another trailer at the Dallas
location. All incoming manifest will be verified for count shipped versus count shipped.
M&K will send confirmation of receipt and the number of games to the contact at the
City. An M&K employee will then inspect each of the machines and determine the best
method of sale for each machine.
Page 6 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Remarketing
Our sales process is like no other on the market today. We evaluate each trailer received,
taking into account the age of the machine, current market condition, and what makes the
most money. We work to maximize the revenue from each trailer, because we work on a
percentage of the sale, we both benefit from a higher sale price. If a trailer is full of older
machines, where the parts would sell faster, and for more money than the complete
machine, we will send the trailer through the reclaim process. This will allow us to
harvest parts that are sellable, while properly recycling the parts that are not. If we see
that the market is better to sell these machines, as individual systems, we can hit the
market through our online channels. If buyers are asking for bulk orders of machines to
fill a need, we can facilitate their request with the sale of the truckload. We are a
complete solution, offering customers the ability to buy parts, one machine, or a trailer
load.
Unlike most of the other items we sell, gambling machines require careful regulation and
enforcement to prevent them from being used illegally again. M&K would require two
pieces of documentation for each sale: a signed affidavit affirming that the machine will
be used legally and outside the State of Texas and either a Bill of Lading with a ship to
address outside the State, or in cases of local pick up, an out of State driver's license.
Should the City of Dallas prefer all three, or an additional documentation, M&K has the
manpower and experience to enforce whatever requirements necessary. M&K considers
such documentation as essential as payment; products do not leave our facility until we
have all forms in our possession.
M&K Recovery Group operates on eBay account with a feedback of over 10,000. With
millions of registered buyers, eBay provides high visibility to a large pool of potential
customers. Our ability to ship large items all over the world allows us to market to an
even larger customer base.
M&K Recovery Group has created invaluable ties too many customers. We have a loyal
base of buyers in addition to the customers that find us on eBay, and many of our repeat
customers purchase gambling machines. Many customers call us regularly to check our
inventory status on games. We are also working with some of our buyers to create export
options to other countries.
Understanding the Market
- Parts (Boards, Bill Accepters, Cabinets)
- Complete Machines (Individual or Truckload)
- Board Ready Cabinet
Page 7 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Online Market Conditions (Parts)
Product
Feeea-c
S liner game board 2073 07 05 2013 10-02 T eBay com
t2 a still
aBaycoml325) .. All Categories_ p; Enter Category ID: ..
— f
•�- Shaw Product Alters _ _ Clear Filters 4 Pin Panel I� V Apply Filters
Views L AcSons 444 Productt.istings
1
i
It..Title Sold Pormat Start Price :_ "End Firsts ri .Bids End Date
i
MM8 Liner Game Board/Cherry Master yes ABN 5749.00 5749.00 1 2013-07-12
PAidnight Castle by IG5(PREDWNED)
8 Uher Geme Board/Cherry Master Chef yes -BH 3749.00 5749.00 1 2013-07-24
.N Express by IGS{Pre(Xwned)
t-
Spy Games(Cheny Mester 8-liner)VGA yes Bid 3500.00 5717.89 14 2013-08-31
touchs--gem.board
t", BLiner Game Board(CherrOPdaater yes
Capialh JarkbylGS(PREC 1NED) sBiY 5775.00 3775,C0 7 2013-07-23
Online Market Conditions (Complete Machine)
H
Produnt
PS_3arch - -
TV >r
S7 pot of gold ems 2013-07-05-2013-10-02 � _ eBaY com T• 9 c �;
egay.cwm(24) All Categones Enter Category ID:
}. Show Product Fitters i Ch Clear Filters J I Pm Panel 11 Apply Filters
Views1181 w
L h- Actions Productustings
EM Em NMI
Item Title Sold Format Start Price ""Erid Price "ter Bids EndDate
Cherry Master Pot pf Goitl B-Einar
Gaming Motherboard Game Board Y.s Bid S5999 5172,19 18 2013-08-10
00-000014
POT OF GOLD GG.h4E 60.P.RDS!!NO ye, Bid 30.99 590.00 9 2073-07-05
RESERVE
Page 8 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Reporting
All sales and inventories will be maintained by your direct contact at M&K Recovery
Group. At any time, the City can request the status of their items and receive a report of
where the machines are being sold, what items are in stock, and what items are being
recycled. Additionally, M&K Recovery Group will send monthly sales and recycling
reports to the City detailing each trailer received, the sales dates, sales method(remarket
whole, remarket parts, or recycling), sales price, M&K commission, and proceeds to the
City. A monthly check, or if requested, bank wire, will accompany the sales report.
M&K operates using an open book approach; if the City requires additional information
in these reports, we will do our best to provide it. M&K will maintain on file copies of
reports and required documents for a period of at least eight years.
ASSET TRAK
Online Inventory Management
�: an r^pan nzt�w� _s
e
U
Click here for Asset Trak online demo
Page 9 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Affidavit
STATE OF TEXAS §
COUNTY OF TRAVIS §
SALES RESTRICTION ACKNOWLEDGEMENT
I, the undersigned, do hereby acknowledge and understand that the machine or machines
that I have purchased from the State of Texas were seized and forfeited as illegal
gambling devices. Further, I do acknowledge that the mere possession of these machines
is not illegal and that the sale of these machines by the State of Texas is restricted to
those purchasers that will use them in a legal manner. Therefore, I do hereby swear or
affirm that neither I, nor anyone with whom I am associated, will use any purchased
machine as illegal gambling devices as that term is defined by Texas Penal Code § 47.01.
I further swear or affirm that the machines will not be used or re-sold for use in Texas, as
specified in the sale requirements.
Printed Name of Purchaser
Signature of Purchaser
■ This is the current version we use for sales, but it can be customized to meet your
requirements.
■ As mentioned above,we also require either a Bill of Lading for shipping out of
state or a copy of the customer's out of state driver's license for all sales.
■ Any customers who cannot meet these requirements have their sales canceled.
■ We are willing to put more safeguards in place based on the needs of the client,
such as affixing permanent labels ("Not for use in the State of Texas") on each
machine. In the year we have been selling machines, we have had no reports of
items returning to Texas.
Page 10 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Recycling
Some items, such as those that do not function,will bring a higher return when recycled.
M&K Recovery Group has an established environmental and quality programs; ISO
14001:2004, ISO 9001:2000, OHSAS 18001:2007 and R2 Certified company;
specializing in Asset Disposition, Recycling, and Precious Metal Refining.
Partnering with recycling and asset recovery experts is crucial. M&K ownership delivers
on three decades of experience in the recycling and refining industry. "Going Green"
means implementing organizational strategies that will properly manage and reduce your
waste streams. M&K welcomes the opportunity to discuss solutions to your recycling and
asset recovery initiatives.
Protecting the environment and our clients is M&K's top priority.No hazardous wastes
are sent to landfills. Our product knowledge and processing expertise combined with the
broadest spectrum of in-house recycling capabilities, including state-of-the-art chemical
refining, shredding, and testing, allow us to maximize your ROI.
The City of Dallas will be set up as a client in our recycling software, and all recycled
items and their weights will be entered into the system as they are processed. The
software stores the up-to-date market value on all commodities and calculates the value
of all items recycled. Certificates of Recycling will be provided along with the monthly
reporting statements.
Multimedia Games De-manufacture/Parts Recovery
ft
.r
i
� o-
'i
l
Page 11 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
G-Tech Lottery Machine De-manufacture/Recycle
u.�
Complete End-to-End Solution
M&K Recovery Group will use our personnel, our facilities, and our expertise to get the
City of Dallas the highest return possible on seized gambling machines. The entire
process will be anonymous, and there will be no indications as the City's involvement.
We will sell, and when necessary, recycle the machines in house in an environmentally
responsible and open visibility manner. With our process,the City of Dallas will receive
a greater return for less work, leaving you to focus your efforts on more important tasks.
Page 12 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
References and Other Information
M&K Recovery Group has worked with the following clients on gambling machine sales
in the past:
Multimedia Games (Recycle Contract)
Allen Scott
Inventory Control/Asset Management
4616 W. Howard Ln.
Austin, TX
(855) 642-6247
Sean Cockburn, M&K Business Development Manager-Austin has worked with the
following clients on gambling machine sales in the past:
Anderson County
Chris Dobbs
Investigator DA Office
500 N. Church Street
Palestine, TX 75801
(903) 388-5845
Dallas Police Department
Craig Deweese
Vice Unit
1400 S. Lamar Street
Dallas, TX 75215
214-671-3001
Plano Police Department
Fred Garcia
Intelligence Unit
90914 1h Street
Plano, TX 75074
(972) 941-2220
Page 13 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Financials
Using the historical sales data, the current market conditions, and the City of Dallas'
requirements for no complete unit sold within the State of Texas. M&K Recovery Group
proposes a tiered commission plan on all sales REQUIRING A STORAGE TRAILER(S)
as follows:
Trailer Activity M&K Commission City Commission
Stored for 1 month 50% 50%
Stored for 2 months 60% 40%
Stored for 3 months 70% 30%
Stored for 4 months or more 80% 20%
We believe that this approach insures that the burden of the storage costs is shared
between the City of Dallas and M&K. While the city will never be billed for the storage
trailers; they will be benefit to the city with higher percentages of the sale price for
continuing to utilize this program. This percentage will be used no matter if the machine
is being sold complete, for parts, or for recycle. Recycled commissions will be split after
all associated costs for environmentally responsible recycling.
Knowing that other agencies may utilize this agreement as well,but NOT REQUIRING
A STORAGE TRAILER(S)process currently being utilized in Dallas; M&K proposes a
tiered commission plan as follows:
Sales Method M&K Commission City Commission
Sold as Whole 40% 60%
Sold as Parts 45% 55%
Recycled* 50% 50%
*Recycled commissions will be split after all associated costs for environmentally
responsible recycling.
M&K expects that the vast majority—over 95% -will be sold as whole machines. All
proceeds would be paid by check or wire transfer to the City monthly, no later than the
15th of each month for the full month previous, and would accompany the detailed sales
report. The sales report would include a list of all machines sold in the month, the sales
method, and then a breakdown of commission to each party based on the sales method.
The total amount due to the City would be calculated by summing their commission on
all sales for the month.
M&K Recovery Group proposes this tiered commission rate for all sales occurring during
the three year span of the contract.
Assuming a forecast of approximately 60 machines per month,M&K estimates a gross
monthly revenue of$12,000, with$6,000 to the City. Over a year, the City profit would
be over$72,000.00.
Page 14 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Out of our forecasted$6,000 monthly commission, M&K will pay all costs, to include:
• All transportation costs from the City of Dallas to our yard.
• All employee salaries (Account Managers, Inventory Technicians, Warehouse,
and Customer Service);
• All facility overhead;
• Insurance;
• For any and all shortages of stock;
• Marketing and advertising fees;
• Payment processing, including credit card and PayPal fees.
All machines will remain the property of Dallas until sold by M&K Recovery Group.
M&K will have first right of sale for all machines stored in our trailers for the life of the
contract.
M&K Recovery Group vs. Typical Auctioneer
M&K Recovery Group Typical Auctioneer
Storage and M&K pays for transportation and All items sold from City of
Transportation stores the machines throughout the Dallas property
sales process.
Attention to M&K inspects each load to All the machines sold as one
Each Item determine the best sales avenue large lot.
truckload, lot, piece, or recycle.
M&K can sale units individually or potential customers limited to
by truckload and thereby appeals to those that can afford and stare a
Sales Presence a larger pool of buyers. By selling large quantity of machines and
on eBay as well as directly, we
showcase our products to millions of that already know about their
auction site.
buyers.
M&K has full logistics capabilities Customers must pick up from
Shipping to safely pack and ship items all City of Dallas property, making
over the world. anonymity impossible.
M&K has staff of professionals that Potential customers call the
Staff understand this process and todays City with questions. The City
markets. has to facilitate pick up with
the winning bidder.
M&K operates a TCEQ registered
recycling center and recycles all All machines that need to be
Environmental broken machines in an recycled are either
Responsibility environmentally responsible subcontracted or left to the
manner. For a complete end to end customer.
solution
Page 15 of 16
M&K Recovery Group
Presentation RFP-BYZ1350
Page 16 of 16
Exhibl..t .2
M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
WO
TY OUNCIL AGENDA UT I
COUNCIL ACTION: Approved on 3/7/2017
REFERENCE ** 35CONSIGNMENT OF 8-LINER
DATE: 3/7/2017 NO.: C-28140 LOG NAME: GAMBLING MACHINES
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Agreement with M&K Recovery Group, Inc., for the Consignment Services of
Illegal Eight-Liner Gambling Machines for a Percentage of the Sales Price Using a
Cooperative Contract (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Agreement for consignment
services of illegal eight-liner gambling machines with M&K Recovery group, Inc., (M&K Recovery)
using the City of Dallas Contract BYZ 1350 authorized by City of Dallas Resolution No. 13-2144 for a
percentage of the sales price.
DISCUSSION:
The Fort Worth Police Department (Department) will use this Agreement to remove illegally-operated
eight-liner gambling machines from the community and reduce the frequency at which the operators
of these machines reoffend.
Once an illegally-operated machine is seized by the Department, the Department will store it in a
trailer provided by M&K Recovery until the Department notifies M&K Recovery that the trailer is ready
for transport. M&K Recovery will transport the trailer to its facility in Austin for storage until the
machines can be sold outside of Texas to legally-run establishments. M&K Recovery manages the
sale, shipment, and tracking of these machines to ensure that the machines are not being returned to
Texas for illegal purposes. Once the machines are sold, M&K Recovery will keep a percentage of the
sales price as its fee and will remit the remaining amount to the Department. The percentage M&K
Recovery will keep is determined by the length of time M&K Recovery stores the machines prior to
them being sold.
COOPERATIVE PURCHASING - State law provides that a local government purchasing an item
under a Cooperative Purchasing Agreement satisfies state law requiring that the local government
seek competitive bids for purchase of the item. In accordance with Mayor and Council
Communication (M&C P-10710) approved January 15, 2008, the City Manager may enter into an
Interlocal Cooperative Purchasing Agreement that allows the cities to take advantage of each other's
competitively bid contracts. The City has a Cooperative Purchasing Agreement with the City of Dallas
(Dallas). Dallas awarded the contract for Consignment Services following a competitive bidding
process.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by
the Police Department and approved by the M/WBE Office, in accordance with the BDE Ordinance,
because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
AGREEMENT TERMS - Upon City Council's approval, this Agreement will begin upon execution of
the contract, and will expire February 18, 2018, to coincide with the expiration date of City of Dallas
Contract.
RENEWAL OPTIONS - This Agreement may be renewed for up to one additional one-year term at
the City's option provided that Dallas renews its contract with M&K Recovery, per the conditions
established in the contract between the City of Dallas and M&K Recovery. This action does not
require specific City Council approval.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24112&councildate=3/7/2017 4/25/2017
M&C Review ` Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the Police Department is responsible for the collection and
deposit of funds due to the City. Upon approval of the above recommendations, these funds will be
deposited into the State Asset Forfeiture Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# I Amount
ID I I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Joel Fitzgerald (4231)
Additional Information Contact: Edwin Kraus (4141)
ATTACHMENTS
Dallas Contract.pdf
HB 1295 Fort Worth.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24112&councildate=3/7/2017 4/25/2017
C-28140 C
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
iafl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 12017-161597
M&K Recovery Group
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form Is 02/02/2017
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
BYZ1350
Consignment of 8-1-iner Gambling Machines
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
City of Fort Worth Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penal of perjury,that the above disclosure is true and correct.
�,�+�� ARTURO ROQOLFO AGCMTMI
* Notary Public
'l� STATE OF TEXAS Signature of authorized agent of contracting business entity
�O� My Comm.Exp.11-2&17
A
Sworn to'Ia-nd subscribed before me,by the said MQ l?(ll �Q W cdj ,this the day of �� Y
20 Y ,to certify which,witness my hand and seal of office,
Signal u of officer administering oath Printed name of Weer administering b th Title of officer administering bath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277