01 - Scope of Work.pdf

Template Number: OPS-PUB-113.PUR Version Number: 2026.03.01

City of Dallas

Request for Competitive Sealed Proposal (RFCSP)

Alarm Services – Monitoring, Installation, Maintenance and Repairs

BTZ26-00030097

Solicitation Contact:

Matthew Moore 214.243.2130 Matthew.Moore@Dallas.gov

Date Issued: 6/18/2026

Pre- Proposal Conference Date & Time:

6/30/2026 3:00 PM

Microsoft Teams Meeting:

https://teams.microsoft.com/ meet/225162538632232?p=lJ NWFcfVdfLxaAiHD8

Question Due Date & Time:

7/5/2026 11:30 PM

Submission Due Date & Time:

7/17/2026 11:00 PM

Table of Contents

1. Introduction

1.1 Purpose & Intent

1.2 Proposal Documents & Information

1.3 Pre-Proposal Meeting

1.4 Questions & Communications

1.5 Unauthorized Communications

1.6 Addenda

1.7 Solicitation Timeline

1.8 Cancellation

1.9 General Terms & Conditions

2. Scope of Work

2.1 Overview

2.2 Specifications ......................................................... Error! Bookmark not defined.

2.3 Communication Requirements

2.4 Commencement Date

2.5 Performance Measures

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2.6 Service Completion Schedule .................................. Error! Bookmark not defined.

2.7 Service Warranty

2.8 Contract Transition .................................................. Error! Bookmark not defined.

2.9 Insurance Requirements

2.10 Bonding Requirements ............................................. Error! Bookmark not defined.

3. Submittal Requirements

3.1 Minimum Qualifications of Proposers

3.2 Proposal Submittal Requirements

3.3 Proposal Submission Documents

3.4 Development Costs

3.5 Cooperative Purchasing

4. Evaluation & Award process

4.1 Evaluation Criteria

4.2 Award Method

4.3 Opening of Proposals

4.4 Review for Responsiveness

4.5 Evaluation of Proposals

4.6 Best and Final Offers (BAFO)

4.7 Selection for Negotiation

4.8 Negotiation Process

4.9 Reservation of Rights

4.10 Rejection or Acceptance of Proposals

4.11 Late, Modified, or Withdrawn Proposals

4.12 Disqualification of Proposers

5. Contract Administration

5.1 Contract Term

5.2 Delivery Orders

5.3 Contract Type

5.4 Contract Amount

5.5 Firm Pricing

5.6 Records & Audits

5.7 Default by Contractor

5.8 Assignment of Contract

5.9 Termination

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5.10 Performance Measures & Contract Management

5.11 Invoicing

6. Compliance & Regulatory Requirements

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

6.2 Equal Employment Opportunity/Nondiscrimination

6.3 Indemnity

6.4 Conflict of Interest

6.5 Certificate of Interested Parties (Form 1295)

6.6 Permits Required by Law

6.7 Confidentiality

6.8 Wage Floor Rate Requirement

6.9 Wage Floor Reporting Requirement

6.10 Wage Floor Compliance Requirement

7. Miscellaneous

8. Attachments

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1. INTRODUCTION

1.1 Purpose & Intent

The City of Dallas (the “City”) is soliciting Proposals to establish a five-year Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for alarm services including monitoring, installation, maintenance and repairs is to be utilized by various departments with the City of Dallas. An ID/IQ contract is established when quantities and/or delivery schedules cannot be determined. Services will be ordered on an as-needed basis during the term of this contract.

1.2 Proposal Documents & Information

All Proposal documents can be obtained through the City’s solicitation portal at www.dallascityhall.bonfirehub.com. For technical assistance visit https://dallascityhall.bonfirehub.com/portal/support or contact support at support@gobonfirehub.com or 1-844-226-3862.

Proposers may view all supporting documents, pre-Proposal meeting details, site visit details (if applicable), and submit their questions on Bonfire. Proposers should complete all required documents and upload those documents listed in the Required Information section in Bonfire.

1.3 Pre-Proposal Meeting

During the solicitation process, Proposers are required to limit their communication regarding this project to the Procurement Specialist assigned to this solicitation. A pre- Proposal meeting will be held by the City where Proposers will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-proposal meeting will be the only time when proposers and requesting department(s) will communicate directly, all subsequent communication must be directed to the assigned Procurement Specialist. All prospective Proposers are encouraged to attend.

1.4 Questions & Communications

All questions shall be submitted electronically through the City’s solicitation portal; the City will respond to all questions by way of an addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication. It is the Proposer’s responsibility to obtain clarification on any information contained in this solicitation.

1.5 Unauthorized Communications

The period of time from the solicitation’s release until Council award is known as the Cone of Silence. During the Cone of Silence, Proposers shall not contact employees or officials of the City other than the Procurement Specialist assigned to the Solicitation.

No officer, employee, agent, or representative of the Proposer shall have any contact or communication, with any member of the City Council, City staff, or City consultants, or directly or indirectly seek to influence any City Council member, City staff, or City http://www.dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/portal/support mailto:support@gobonfirehub.com

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1.6 Addenda

The City will post an Addendum on Bonfire with responses to all questions received before the deadline. Interpretations, corrections, or changes to the solicitation made in any other manner are not binding upon the City, and Proposers shall not rely upon such interpretations, corrections, or changes.

Proposers shall acknowledge all Addenda issued and are encouraged to check the City’s solicitation portal frequently for any updates.

1.7 Solicitation Timeline

The Tentative Schedule of events is listed on the City’s solicitation portal for each specific solicitation. However, the City reserves the right to change those dates when necessary.

1.8 Cancellation

The City has sole discretion and reserves the right to cancel this RFCSP, or to reject any or all Proposals received prior to the award.

1.9 General Terms & Conditions

Proposers must review the General Terms & Conditions (Attachment A) prior to submitting a Proposal. By submitting a Proposal, Proposers agree to provide the services described in this solicitation in accordance with the general conditions and specifications.

2. SCOPE OF WORK

2.1 This solicitation is to establish a service contract for installation, maintenance, repairs, and monitoring services for fire and intrusion alarm systems at various facilities and locations throughout the city.

Monitoring

i. Contractor shall provide twenty-four hours, seven days a week, 365 days a year monitoring service for fire and intrusion alarm systems.

ii. Fire alarm and sprinkler systems shall be monitored in accordance with International Fire Code –

2024 edition (ICC IFC – 2021), sections 903 & 907.

iii. Contractor shall be responsible for programming the alarm panels at each location to be monitored, at no additional cost to the city.

iv. Contractor shall transition monitoring services of all fire and intrusion alarm systems and have them operational and compliant with applicable codes and these specifications within 45 calendar days after award and receipt of the City contact list. All cost associated with this requirement will be borne solely by the Contractor. Contractor should factor in the transition cost when calculating and submitting the bid price.

v. Open-close reports shall be available from Contractor as requested by individual locations. Some locations will require reports weekly or monthly; others will request reports on an as-needed basis.

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vi. A minimum of one month of open-close data shall be available on each report, unless less time is requested by the City representative.

vii. Open-close reports shall be provided via email within 24-hours after they are requested.

viii. The bid price for open-close reports applies to all open-close reports, regardless of frequency or duration of data provided.

ix. The City will not pay for open-close reports that were not requested by City staff.

x. In response to fire alarm signals, Contractor shall call Dallas Fire-Rescue (DFR) immediately; then contact the designated City primary or secondary contact immediately thereafter.

xi. In response to fire supervisory signals, Contractor shall contact the designated City primary or secondary contact. Contractor shall inform City primary or secondary contact of the nature of the signal in as much detail as possible.

xii. In response to intrusion alarm signals, Contractor shall contact the designated City primary or secondary contact.

xiii. Verified Response: A small number of locations require verified response.

xiv. The City’s security service contractor will be listed as the first contact for those locations.

xv. During normal business hours, the Contractor shall contact the City’s primary or secondary contact and verify that no assistance is needed. If Contractor is unable to verify that no assistance is needed, the City’s security service contractor shall be contacted immediately.

xvi. Outside of normal business hours, the Contractor shall contact the City’s security service contractor first; then contact the City’s primary or secondary contact immediately thereafter.

xvii. The Contractor shall immediately notify the designated City primary or secondary contact when a location is not operational or is unable to be monitored. Contractor shall also communicate all available information regarding why the location is unable to be monitored.

xviii. If monitoring service of any system is suspended for any reason, corresponding monitoring fees shall be suspended at the same time, and reinstated when monitoring resumes.

xix. If an alarm is triggered during normal business hours, the vendor shall call the location and speak directly to the designated person to verify that no assistance is needed. If the monitoring company reports a fire alarm to DFR during normal business hours without attempting to make contact with the site, the monitoring company may be responsible for the false alarm fine.

xx. Insurance requirements for monitoring centers requires that, for life safety purposes, the monitoring station shall contact the Dallas Fire Department to report any fire alarm condition before any other entity is notified.

xxi. Contractor shall maintain detailed logs of all calls and dispatches that involve City property.

Maintenance and Repair

i. The selected Contractor shall furnish all management, supervision, technicians, equipment and supplies necessary to monitor the alarm systems and maintain the systems in proper working order.

ii. Fire alarm systems will be designed, installed, tested and maintained in accordance with National Fire Alarm and Signaling Code (NFPA72).

iii. The selected Contractor must have a minimum of one Siemens Certified Service Technician (SIMATIC S7) on staff to perform work at facilities with Siemens systems.

iv. The selected Contractor will check-in at the time of arrival, and upon leaving, with on-site staff or the City Representative requesting service.

v. The designated City representative shall be able to contact the selected Contractor by telephone 24-hours a day in the event of an emergency. Selected Contractor will be expected to respond to emergencies within one hour after being contacted by the City’s representative.

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vi. Scheduled maintenance visits by selected Contractor shall include an inspection of all alarm system equipment. Certifications of such inspections and repairs shall be in compliance with the State of Texas Rules and Regulations pertaining to alarm maintenance and monitoring, as well as all applicable City Codes.

vii. Maintenance and repairs shall be done exclusively by the selected Contractor. No sub-contractors will be allowed to maintain or repair alarm systems without specific authorization by the City’s representative.

viii. The City reserves the right to obtain a second opinion on recommended repairs that would be considered major replacements or overhauls to any system. If the second opinion concludes that such repairs are not warranted, the selected Contractor shall make only the repairs that were deemed necessary.

Installation and Equipment

i. The installation of a new system will not be common. If a new system is needed in a facility, it will be because the existing system is beyond repair or because no system has ever been installed in the building.

ii. The amount of labor time billed per installation shall not exceed the industry average. Component parts not listed on the bid sheet are to be billed to the City at the lowest rate charged to any other of the Contractor’s customers.

iii. If required, Contractor is responsible for all permits required on new installations.

iv. The selected Contractor shall not install any proprietary equipment or features in furtherance of this agreement. The selected Contractor may, of course, reconfigure or re-program to enable monitoring, but shall not make systems dependent on the selected Contractor exclusively at the expense of the City.

v. The equipment installed at any location shall be upgradeable without having to be replaced.

vi. Systems which are installed at any location shall be able to produce open and close reports as needed.

vii. The selected Contractor may choose to install replacement equipment for monitoring purposes upon receipt of authorization from the department. This equipment shall meet the requirements of this section and becomes the property of the City.

viii. The City currently has the following systems installed at various locations. Please note, not all systems are represented in this listing:

a. Ademco

b. EST (Edwards)

c. FireLite

d. Gamewell

e. Harrington Signal

f. Honeywell

g. Digital Monitoring Products

h. Digital Security Controls

i. Notifier

j. Siemens

k. Silent Knight

l. SimplexGrinnell

m. System Sensor

The State of Texas Fire Marshall requirements for planning (designing) fire alarm systems are referenced and stated as follows: TEXAS ADMINISTRATIVE CODE, TITLE 28, INSURANCE, Click or tap here to enter text. 8 of 22

Part I., Texas Department of Insurance, Chapter 34, State Fire Marshal, Subchapter F, Fire Alarm Rules, § 34.611. Licenses, (a) Types of licenses, (5) Fire alarm planning superintendent license (APS) - For planning (design), installing, certifying, inspecting, testing, servicing, monitoring, and maintaining fire alarm or fire detection devices.

2.2 Communication Requirements

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Written correspondence from the City shall be answered within 24 hours. The awarded contractor shall respond to phone calls and emails from the City within 1 hour of receipt.

2.3 Commencement Date

The commencement date of this contract shall be upon Council approval and contract execution.

2.4 Performance Measures

The City will monitor the Contract and measure Contractor performance on a quarterly basis until the expiration of the contract. Performance measures will include:

a. On time delivery of product and/or service (monitoring, inspection, maintenance service and repair timeline).

b. Reports – accuracy/verification and completeness of weekly/monthly open-close reports

(minimum of one month open-close data available per report, reports provided within 24 hours upon request, etc.).

c. Contractor Invoicing (should be timely and accurately detail service rendered with the associated cost).

d. Quality of goods or services (percentage of contractor repairs that are timely and performed according to specifications, regular monitoring of functional fire and alarm intrusion systems, maintenance performed on schedule and according to specifications, etc.).

e. Quality of customer service (are issues being resolved expeditiously by Contractor, returns calls, etc.).

f. Non-conformance issues regarding this RFCSP will be documented and investigated by the City.

g. Upon investigation, the proposer will be given an opportunity to provide and implement corrective action to remedy the non-conformance via a remedy plan.

The City will determine the length of time, escalation action if necessary and a follow-up period within which the corrective action is to take place. Once the corrective action is complete, the City will verify that said action has been implemented and performed satisfactorily.

2.5 Service Warranty

All services provided under this contract shall be warranted to be free from poor workmanship, planning and materials, which affect the integrity of the service. The warranty shall be for the customary warranty period. The warranty will begin with the City’s acceptance of the service provided.

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If the service fails and is believed to be the awarded Contractor’s responsibility, the City of Dallas shall give a written notice for additional service. The Contractor shall make corrections at the Contractor’s expense in a manner mutually agreed upon by the City and the Contractor. The warranty period will start over upon the City’s final acceptance.

2.6 Insurance Requirements

The successful contractor will be required to purchase, within fifteen (15) days of the award, and maintain during the term of the contract, insurance as described in Attachment B, and agrees to the indemnification agreement therein.

3. SUBMITTAL REQUIREMENTS

Minimum Qualifications of Proposers’ Proposals will only be considered from Proposers who have been established in the business of providing alarm services including monitoring, installation, maintenance and repairs

a. Due to the critical nature of this work, proposer(s) shall have been in the business of providing fire and intrusion alarm monitoring, installation, maintenance and repair for at least the past five (5) years.

b. The Contractor shall hold a current registration certificate issued by the Texas Department of Insurance for monitoring of fire detection devices and systems.

c. Contractor shall provide, with their proposal, at no cost to the City, a list of five (5) clients serviced for the past five (5) years evidencing years in business. References shall include the company name, address, phone number and contact name of a person who can and will discuss the nature of the proposers work for their firm.

d. The Contractor, and their technical personnel must have all licenses and permits required by City, State and Federal agencies, and all other applicable codes and standards, to provide the services on which they are bidding.

e. Lack of knowledge of any City site shall not be a cause for re-negotiation of unit prices or justification for additional compensation.

f. Bid Guide Lines: After acceptance of the proposed goods/services, the awarded proposer shall make available to the City any goods/service enhancements, terms, conditions, or circumstances that benefit the City, including reduction in costs, that are made generally available without charge to the awarded proposers’ other customers. Any service enhancements, terms, conditions, or circumstances offered to other customers for a charge must also be offered to the City at the same charge.

The State of Texas Fire Marshall requirements for planning (designing) fire alarm systems are referenced and stated as follows: TEXAS ADMINISTRATIVE CODE, TITLE 28, INSURANCE, Part I., Texas Department of Insurance, Chapter 34, State Fire Marshal, Subchapter F, Fire Alarm Rules, § 34.611. Licenses, (a) Types of licenses, (5) Fire alarm planning superintendent license (APS) - For planning (design), installing, certifying, inspecting, testing, servicing, monitoring, and maintaining fire alarm or fire detection devices.

PLEASE NOTE: Proposers who do not meet minimum required technical capabilities will not be considered for award.

If requested, Proposers shall provide a minimum of three letters of reference and/or other documentation demonstrating minimum qualifications. Proposals shall be accepted from

Click or tap here to enter text. 10 of 22 authorized providers for the requested Services. If during the term of the agreement the awarded vendor loses authorization the City reserves the right to obtain the Services from another source.

3.1 Proposal Submittal Requirements

Proposal will be structured and formatted as follows:

1. Submittals shall be a single .PDF file uploaded to the City procurement site.

https://dallascityhall.bonfirehub.com/login

2. Submittals shall be set to print as an 8 1/2 x 11-inch document.

3. Exception: Graphics, charts, graphs, and other documents requiring larger size to be legible when printed may print on larger sheets but shall not exceed 11 x 17 inches (tabloid) when printed.

4. Preferred font type is Arial and font size shall be 12-point minimum.

5. Submittals shall be submitted in English.

6. Sections with dividers shall be provided as follows:

a. Cover sheet with solicitation name, date, and number.

b. Letter of interest on company letterhead, dated, and signed.

c. Separate sections for each of the criteria evaluations listed in Section VII -Evaluation Criteria.

d. Appendix for additional information.

7. Page numbering is required in the format, (page number) of (total pages) (Example: Page 1 of 1).

3.2 Proposal Submission Documents

Proposers must include the following documents in their submission:

Form Name Form Number Business Information Form OPS-02 Conflict of Interest Policy & Questionnaire OPS-07 and State Form

CIQ

Local Preference Affidavit OPS-31 Living Wage Affidavit OPS-3 SBE Affidavit BEH-FRM-602.SAW Local Participation & Workforce Impact Form BEH-FRM-604.SAW SBE Utilization Plan & Commitment to Local Economic Impact BEH-FRM-605.SAW Engagement Score & Past Commitment Form BEH-FRM-606.SAW SBE Good Faith Effort Documentation Form (if applicable) BEH-FRM-607.SAW Prime Self-Performance Declaration (if applicable) BEH-FRM-609.SAW Subcontractor Intent Form BEH-FRM-610.SAW Any other City Documents as Required

3.3 Development Costs

Neither the City of Dallas or its representatives shall be liable for any expenses incurred in connection with preparing a response to this solicitation. Respondents are encouraged to

Click or tap here to enter text. 11 of 22 prepare their Proposals simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the solicitation.

3.4 Cooperative Purchasing

The City has interlocal agreements with many other governmental agencies that provide for the use of the City’s contracts, so long as the vendors agree to extend the same terms, conditions, and pricing to other entities. Proposers shall indicate in their Proposal whether they agree to extend the terms, conditions, specifications, and pricing of its agreement with the City to other governmental entities. All purchases by other governmental entities shall be billed directly to that governmental entity and paid by that governmental entity. The City shall not be responsible for another governmental entity’s debts. Each governmental entity shall order its own materials/services as needed.

4. EVALUATION & AWARD PROCESS

4.1 Evaluation Criteria

An evaluation committee will evaluate aspects of the proposal based on the criteria outlined below.

• Experience 20 Points

Proposals will be evaluated to determine if Proposer has had adequate and successful experience with similar projects or with the target populations as well as sufficient and qualified staff to perform specified activities.

0 months experience = 0 to 5 points Up to 12 months = 6 to 11 points 13 to 36 months = 12 to 17 points 37 to 47 months = 17 to 19 points Up to 48 months or more = 20 points

• Approach: 25 Points

Proposals will be evaluated on the project scope and objectives, and the approach taken to ensure project success. Proposals will be evaluated on the Proposer's strategic approach to achieving the goals of this project as stated in the performance measures below.

Below average - Goals and objectives that do not specifically address the scope of work or program objectives – (0-8 points)

Acceptable – Goals and objectives specifically address the scope of work and program objectives successfully. (9-17 points)

Exceptional – Goals and objectives specifically address the scope of work and program objectives successfully and progresses goal success beyond the project term (18-25 points)

• Cost and Timeframe: 30 Points

Cost proposals can be formatted as an all-inclusive cost or line item details.

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a. If submitting as an all-inclusive bid, please list out what all is included in the bid.

However, all contracts will be based upon this bid and any costs invoices outside this bid will not be accepted by the City.

b. If the bid will include line items details, all line items must be included individually as this will be the basis for the contract. Any cost invoiced outside the bid will not be accepted by the City.

c. The City reserves the right to request that cost be converted to other increments or measures to ensure a fair comparison between respondents.

d. Local Preference 5 Points o The City’s Local Preference Program values the participation of companies who have their principal place of business in the City and who hire City residents.

o The information shall be submitted in the proposal. To receive the points a supplier must satisfy one of the following:

Proof of principal place of business located in the City of Dallas, OR Proof of local workforce composition including:

• At least 100 full time employees who are Dallas residents: OR

• At least 20% of its total full-time employees who are Dallas residents;

OR

If available, participation in Workforce Development Program

e. Developing Regional & Inclusive Vendor Enterprises (DRIVE) Plan…………………20 Points

a. It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

b. Evaluation points shall be awarded as follows:

i. SBE Utilization – up to 8 points

1. Proposed SBE Commitment

2. First-time Contracting

ii. Local Economic Impact – up to 6 points

1. Local Workforce

2. Local Supply Chain Usage

3. Local Community Investment

iii. Engagement Score – up to 6 points

1. Past Subcontractor Utilization

2. Documented Engagement Efforts

3. Past Timely Payments to Subcontractors

c. As a prerequisite for City Council award, the contractor must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent most advantageous proposer who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be “responsive” and/or “responsible.”

4.2 Award Method

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The City’s intent is to award this solicitation to the highest ranked proposer in its entirety, but the City reserves the right to award in the method that is most advantageous to the City.

The City reserves the sole discretion to determine whether a submission is responsive. The City reserves the right to reject any and all Proposals and to waive any minor irregularities or discrepancies in any submission as may be in the best interest of the City. Late Proposal s will not be considered for award. An award will only be made to a Proposer that is considered responsive and responsible under Attachment A: General Terms & Conditions, Award.

4.3 Opening of Proposals

The City will open Proposals during the bid reading. Proposal readings take place at 2:00 PM on Fridays and can be viewed on the City’s website https://dallascityhall.com/government/Pages/Live.aspx. Any Proposal tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

4.4 Review for Responsiveness

The City will review Proposals for compliance to determine whether they are responsive and responsible, and whether they meet the minimum requirements of this RFCSP. The City may conduct all necessary inquiries or investigations, including but not limited to contacting references, to verify the information submitted. Proposals that do not meet the minimum requirements may be deemed non-responsive and excluded from further evaluation.

4.5 Evaluation of Proposals

Proposals determined to be responsive and responsible will be evaluated in accordance with criteria stated in this RFCSP. Proposers considered reasonably qualified under these criteria may be invited to participate in discussions, interviews, or presentations to further clarify their submissions.

4.6 Best and Final Offers (BAFO)

If discussions or interviews are conducted, the City may request Best and Final Offers. Such requests will specify:

• That this is the opportunity to submit a Best and Final Offer;

• The date and time for submission;

• That modifications must be received by the deadline to be considered; and

• Any changes to the proposal requirements.

4.7 Selection for Negotiation

After evaluating proposals and any Best and Final Offers, the City may identify the proposer(s) whose submission is most advantageous, considering evaluation factors. The City may then begin negotiations with the highest-ranked proposer(s).

https://dallascityhall.com/government/Pages/Live.aspx

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4.8 Negotiation Process

If negotiations with the highest-ranked proposer(s) are unsuccessful, the City may discontinue discussions and begin negotiations with the next highest-ranked proposer. This process may continue until a contract is executed or the City determines that no acceptable proposal exists.

4.9 Reservation of Rights

The City reserves the right to reject any or all proposals or to award a contract based solely on initial submissions, without discussion or clarifications. Each proposal should therefore reflect the proposer’s best terms from both a technical and pricing standpoint. Only proposers submitting a proposal will receive communications after the RFCSP submission due date.

4.10 Rejection or Acceptance of Proposals

This solicitation does not commit the City to award a Contract. The City reserves the right to reject any and all Proposals, to waive technicalities or irregularities, and to accept any Proposal it deems to be in the interest of the City. The City shall not be liable for any costs incurred by any company responding to this solicitation. If applicable, the City requires the recommended Proposer to sign the necessary Contract documents prepared by the City Attorney’s Office. If applicable, a sample Contract is included as an attachment. Proposers must take exception to any term of the Contract to which it will not agree in its Proposal.

4.11 Late, Modified, or Withdrawn Proposals

Proposals are required to be submitted electronically using the City’s solicitation portal. The system will not accept submittals after the Submission Due Date and Time and hard copies are not permissible. Proposals may be modified at any time prior to the Submission Due Date and Time. If a Proposal is modified, it must be resubmitted by the Submission Due Date and Time to be responsive. Proposals may be withdrawn at any time prior to the Submission Due Date and Time. Withdrawn Proposals may be resubmitted prior to the Submission Due Date and Time. No Proposals may be modified or withdrawn after the Submission Due Date and Time without forfeiture of the Bid Security, if any.

4.12 Disqualification of Proposers

Proposers may be disqualified for, but not limited to, the following reasons:

4.12.1 Reason to believe collusion exists among the Proposers.

4.12.2 The Proposer is involved in any litigation against the City.

4.12.3 The Proposer is in arrears on an existing contract or has failed to perform on a previous contract with the City.

5. CONTRACT ADMINISTRATION

5.1 Contract Term

The Contract or Agreement will be for an initial term of five years.

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5.2 Delivery Orders

Delivery Orders may be issued at any time during the term of the agreement. Each Delivery order will constitute an individual order for goods or services under the terms and conditions of this agreement. Delivery Orders issued prior to the expiration of the agreement shall remain subject to, and governed by, this agreement until completion or termination of the specific order.

5.3 Contract Type

This Contract is a Indefinite Quantity (ID/IQ) service price agreement contract. An official Delivery Order (DO) will be issued to the Contractor for each specific order. The Contractor shall not commence work until receipt of the DO; failure to do so could result in no payment.

The purpose of this Contract is to establish firm pricing; and the estimated quantities are not a guarantee; the quantities ordered may be more or less than estimated. The estimated quantities are based upon historical usage and anticipated needs. Delivery Orders will be issued on an as needed basis according to annual budget appropriations.

5.4 Contract Amount

The Contractor will base its Proposal amount on the estimated quantities identified in the Bid Sheet, which will only be used for comparison and evaluation purposes. The City will issue Delivery Orders based on needs and not in accordance with the estimated quantities contained in the Bid Sheet. The Contractor’s pricing shall remain firm throughout the initial term of the Contract. Price adjustments will be considered at the time of renewal or hold over extension subject to Attachment A: General Terms & Conditions, 5. Adjustment Clause.

5.5 Firm Pricing

Pricing, including discounts/markups (+/-), shall be firm for the entire contract unless otherwise stated herein.

5.6 Records & Audits

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized in this Contract. These records shall be retained for a minimum of two (2) years after the conclusion of the Contract. The City reserves the right to audit any records it deems necessary for the execution of this Contract.

5.7 Default by Contractor

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

5.7.1 Contractor shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors;

5.7.2 Contractor attempts to assign the Contract without the prior written consent of the City;

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5.7.3 Contractor shall fail to perform, keep or observe any term, provision or covenant of the Contract; or

5.7.4 Contractor fails to properly and timely pay Contractor personnel, supplies or other contractors and the failure impacts the City in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default. If the default is not corrected to the satisfaction and approval of the Director within the time specified of such notice, the City may immediately cancel the Contract. At the discretion of the Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract. The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract. No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

5.8 Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract or any part therein or its right, title or interest therein or its power to execute the same to any other persons, firm, partnership, company or corporation without the prior written consent of the City. Should the Contractor assign, transfer, sublet convey or otherwise dispose of its right, title or interest or any part thereof in violation of this section, the City may, at its discretion, cancel the Contract and all rights, title and interest of the Contractor shall therein cease and terminate, and the Contractor shall be declared in default.

5.9 Termination

The City may terminate this agreement in whole or in part by giving thirty (30) days written notice thereof to Contractor. The City will compensate Contractor in accordance with the terms of the agreement for all goods delivered and accepted prior to the effective date of such termination.

5.10 Performance Measures & Contract Management

The City reserves the right to cancel this agreement at any time if service performance, timeliness, quality of work is determined to be unsatisfactory or inconsistent with contract requirements.

5.11 Invoicing

For the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin when the City has received a correct invoice reflecting the work or goods delivered. If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice, and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

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Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

5.11.1 Name and address of the department for which goods were provided

5.11.2 Contact information of City staff who placed order (name, phone number, department)

5.11.3 Date of order of goods

5.11.4 Detailed description of goods

5.11.5 Price of goods (charges for all goods covered by this contract are to be separately stated and explained

5.11.6 Total cost of goods

Submitting invoices without the above information may cause delays in payment processing. Incorrect invoices or invoices sent to the wrong address will delay payment.

Vendors who fail to follow these instructions risk having the contract with the City cancelled.

6. COMPLIANCE & REGULATORY REQUIREMENTS

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

6.1.1 The SBE participation goal for this contract is 27.30%.

6.1.2 As a prerequisite for City Council award, the contractor must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent Proposer who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be “responsive” and/or “responsible.”

6.2 Equal Employment Opportunity/Nondiscrimination

The selected Proposer shall not discriminate against any employee or applicant for employment because of race, age, color, national origin, religion, marital status, sex, sexual orientation, military or veteran status, political opinions or affiliations, genetic characteristics, or disability, consistent with applicable laws. The selected bidder shall prohibit discrimination regarding, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The selected bidder shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12301-12233, as amended. The selected bidder agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

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6.3 Indemnity

The selected Proposer agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected Proposer’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected Proposer, its officers, agents, employees, or subcontractors, in the performance of the contract;

except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected Proposer 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.

6.4 Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER PROHIBITED

No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall there by forfeit the city official’s or employee’s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

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.

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.

This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any

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(Amend. of 8-12-89, Prop. No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop.

Nos. 2 and 9) 11H

6.5 Certificate of Interested Parties (Form 1295)

All Proposers recommended by City staff for a contract pursuant to this solicitation will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended. The Proposer will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/filinginfo/1295/, and submit a copy to the procurement specialist before the contract information will be sent to the City Attorney’s Office to draft the contract. Once the terms of the contract are fully negotiated; the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form 1295 is on file at the Texas Ethics Commission website with a copy provided to the procurement specialist; the staff recommendation will be placed on a City Council agenda to award the contract.

6.6 Permits Required by Law

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

6.7 Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. The City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Proposals will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a bid that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the bid “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a Proposal, the Proposer shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

6.8 Wage Floor Rate Requirement

On November 10, 2015, the Dallas City Council passed Resolution 15-2141 which requires prime contractors, awarded general service contracts valued greater than $50,000, and first-tier subcontractors on the contract to pay their employees rendering services on the contract a wage floor of not less than $23.06 per hour.

Pursuant to Resolution 15-2141 the wage floor requirement for all general service contracts greater than $50,000 shall be effective immediately on all new contracts awarded after November 10, 2015. Contractor’s bidding/proposing on general service contracts shall take https://www.ethics.state.tx.us/filinginfo/1295/

Click or tap here to enter text. 20 of 22 into consideration such wage floor requirements in their bid/proposal. The wage floor requirement for the City of Dallas’ general service contracts shall be derived from the most current Massachusetts Institute of Technology Living Wage publication and shall remain fixed for the term of the respective contract. The City reserves the right to audit such contracts for compliance with the wage floor requirement as mandated by Resolution 15- 2141. This requirement does not apply to construction contracts in which prevailing wage of employees is governed by the Davis-Bacon Act as defined in the Texas Local Government Code 2258, purchase of goods, procurements made with grant funds or procurements made through cooperative and/or inter-local agreements.

The purpose of this policy is to promote an acceptable wage floor for working families in the City of Dallas, increase the level of service delivered to the City through specific contracts and reduce turnover in such contracts thus maintaining a continuous and consistent level of service for vested parties.

The City Manager shall use the following definitions to administer the benefactors of the “wage floor” for purposes of the referenced resolution:

• "City" means the City of Dallas, Texas.

• "General Services Contract" means any agreement between the City and any other

Person or business to provide general services through an awarded City contract valued greater than $50,000. A General Services Contract for purposes of the Resolution does not include (i) a contract between the City and another governmental entity or public utility, (ii) a contract subject to federal or state laws or regulations that would preclude the application of the application of the wage floor, (iii) or a contract with all services under the contract performed outside of the City of Dallas.

• "Subcontractor" means any Person or business that has entered into its own contract with a prime contractor to perform services, in whole or in part, as…