1-01 - Specifications - BNZ25-00028784 - Kayak Canoe Paddle Board Concession WRL.pdf

City of Dallas

Request for Proposals (RFP) Project Title: Kayak, Canoe, and/or Paddle Board Rental

Concessionaire at White Rock Lake Park

Buyer Solicitation Number: BNZ25-00028784 http://www.dallascitynews.net/ http://www.dallascitynews.net/�

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas (City) Park and Recreation (PKR) Department invites qualified and responsible proposers to submit a proposal for the furnishing and operation of a portable kayak, canoe, and/or paddle board (at least one of the three) rental concession operation along the east shore of White Rock Lake at the location specified in Attachment III - Map.

It is the intent of this RFP to have the successful proposer enter into a formal Indefinite Delivery/Indefinite Quantity (ID/IQ) contract to furnish all equipment, materials, supplies, park improvements, labor permits, and licenses as necessary to provide high quality products and services to the public as per the terms and conditions stated herein. An ID/IQ contract is established when quantities of services and/or delivery schedules cannot be determined.

Materials ordered under this agreement will be ordered on an as needed basis for the term of the agreement.

II. Pre-Proposal Meeting Schedule, Questions, and Inquiries During the solicitation process, proposers are required to limit their communication regarding this project to the Buyer referenced herein. A pre-proposal meeting will be held by the City whereby the 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, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Proposers may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically; the City will respond to all questions by way of 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.

III. Proposal Submittal Requirements

To be considered responsive, a proposal response must be submitted electronically (https://dallascityhall.bonfirehub.com/login) by the due date and time indicated in the solicitation.

The proposal submission shall be transmitted with a cover letter signed by the submitting proposer’s authorized representative identifying its interest in serving as agent for this proposal, identifying the general contents of the transmittal and identifying the name, address and telephone number of the firm’s contact person for the submission.

Each proposer shall meet the minimum requirements as detailed in the RFP and shall include in the proposal the following documents: which will be used as the evaluation criteria in selecting the most qualified proposer:

https://dallascityhall.bonfirehub.com/login

A. A complete resume including three (3) years’ experience as it relates to this service.

B. A minimum of three (3) references evidencing proof of working with similar government agencies and/or comparable contracts showing reliable deliverability of services.

References shall include complete contact information including email addresses.

C. Indicate the percentage of gross revenue proposed to the city to be paid monthly.

Minimum percentage to the City is twenty percent (20%) on rentals and concession sales, such as food, drinks and merchandise.

D. Contractor will provide 2% of gross revenues for the previous year that will go towards the White Rock Lake Endowment fund to make major capital improvements and repairs.

E. A list of equipment including photographs and/or descriptive literature that illustrates the exact equipment and services to be provided.

F. A description of the type of products and services to be offered and the respective cost for each item.

G. A marketing plan on how to maximize service to the public. The plan shall detail networking efforts with neighborhood associations and user groups of White Rock Lake.

H. An operating schedule that shows the months, days and hours the proposer intends to operate. Priority hours are to be operational on weekends and holidays.

I. An operating plan on how the business will serve customers, and how revenues will be collected and documented.

J. Services provided for the public include kayak and/or canoe rentals; other proposed services and products may be considered.

IV. Proposal Format

OUTLINE FOR RFP SUBMITTAL

• Cover Letter

• Table of Contents

• Executive summary, company, location and facilities

• Qualifications of the proposer & references

• Account management and quality assurance information

• Services offered – description, brochures, etc.

• Contractor’s percentage of revenue share with the city

• City documentation as posted with the RFP

• Other information proposer would like to provide

COVER LETTER

The proposal shall be submitted with a cover letter signed by the submitting Proposer's authorized representative identifying its interest in serving as agent for this proposal, identifying the general contents of the proposal and identifying the name, address, telephone number and email address of the firm's contact person for the submission.

EXECUTIVE SUMMARY

In this section, the proposer should provide information about their company, facilities, business experience and background. Include complete information regarding experience in this type of service, number of years in this type of business, number of employees, etc.

QUALIFICATIONS & REFERENCES

The Contractor shall provide their qualifications/experience and a list of references. The successful proposer(s) shall be an established firm with a minimum of three (3) years’ experience in the furnishing and operation of a portable kayak, canoe, and/or paddle board (at least one of the three) rental concession operation. The successful proposer(s) shall possess and maintain the capability to provide the service necessary through the duration of the agreement. The Contractor will also provide three (3) references (the City reserves the right to ask for additional references) from other large government agencies or comparable contracts showing reliable deliverability of services and timely response on service.

ACCOUNT & QUALITY MANAGEMENT & QUALITY ASSURANCE

INFORMATION

Submit a plan and/or describe the quality process used by your company to measure the satisfaction of previous clients and the methods utilized to improve the services that you provide.

Provide samples of data and quality performance factors that you use in quality management measurement, including a brief description of your on-going quality review program. Provide strategy information for managing contracts and your customer service approach.

REVENUE SHARE

The proposer shall indicate the percentage of gross revenue payable to the City monthly and provide a detailed breakdown of operating services, expenses and revenues. The proposer should also provide a preliminary operating pro forma.

SERVICES OFFERED

The proposer will provide proposals as detailed under these Specifications.

OTHER INFORMATION

This section will provide any additional information the proposer would like to provide.

V. Communication

It is essential that the awarded Contractor respond promptly after receiving a telephone call or email from the city. Written correspondence from the City of Dallas shall be answered within twenty-four (24) hours. The awarded Contractor shall respond to phone calls from the City within four (4) hours of receipt.

VI. Contract Term

The term of the contract is intended to be for a period of five (5) years, and the contract shall commence on the date of award by the Dallas City Council and upon execution of the contract.

Award Method

The City’s intent is to award this solicitation 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 solicitation response is responsive.

City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any solicitation response as may be in the best interest of City. Late bids will not be considered for award.

VII. Scope of Work

Equipment and Operations:

A. Operation Location – Specific location and boundaries are included in Attachment III -

Map.

B. Equipment - All equipment and fixtures, including kayaks, canoes and stand-up paddleboards required for this rental concession operation are subject to approval by the City and shall be of modern design, quality material, sufficient in number to adequately serve the public, and provided by the Contractor at the Contractor’s sole expense. All equipment and signage shall be maintained by the Contractor and any onsite storage option must be approved by the Director in advance.

C. Personnel – The hiring of operational staff and all associated costs for the rental concession operation under this RFP will be the sole responsibility of the Contractor. The contractor shall provide supervision of this operation to ensure satisfactory operation for the City and efficient service to the public. The City will have the right to oversee the manner in which the Contractor and the Contractor’s employees conduct business. All personnel assigned to this contract shall be 18 years of age or older. The City shall conduct background checks at the Contractor’s expense, on all personnel that are assigned to the rental concession operation.

D. Hours - Concession hours of operation may take place during normal park operating hours, 5:00am – 11:00pm, or as amended by the Park and Recreation Board or Dallas City code. The City reserves the right to restrict Contractor’s hours if circumstances deem it necessary.

E. Concession Location – Rental concession operation shall take place at the designated area only (see Attachment III - Map). No concession activity shall take place outside this area.

F. Sign – Contractor shall install clear signage, approved by the City and within applicable City ordinances, at concession site listing hours of operation, services, Contractor’s legal name and contact information. In addition, Contractor’s signage shall state clearly that the City of Dallas is not the operator of the rental concession operation.

VIII. Site Visit

Before submitting proposals, each proposer will be held responsible for having examined the site and the existing conditions under which the proposer will be obligated to operate, or that will in any manner affect his/her services under the contract to include electrical service availability. No allowances shall be made in this connection on behalf of the proposer for any error or negligence on the proposer’s part.

IX. Special Conditions

1. No boats powered by an internal combustion greater than 10hp shall be used on the lake.

Contractor shall have one (1) operable motor-driven boat for emergency use to be available during all hours of operation. *Ordinance for use of 25 HP motors for rescue or safety boats is under review and upon adoption Contractor will abide by its requirements.

2. The contractor shall incur all costs of the concession rental operation. The City will not be responsible for any expenditure in the operation of this contract, including, but not limited to, the maintenance, operation or equipment.

3. The contractor agrees to comply with all applicable ordinances of the City of Dallas including, but not limited to, the erection and maintenance of signs. Approval of any signage will be made by the Park and Recreation Director or his authorized representative. Approval by the Park and Recreation Director will not be a defense for violation of applicable ordinances. All signs shall be of appropriate design and in harmony with the general development of the park. Prior City approval is required before any sign may be erected or placed.

4. The proposal shall indicate the hours Contractor will operate the facility should his/her proposal be accepted. The contractor shall strictly adhere to the agreed operating hours.

5. Stand-up paddle boards, kayaks and canoes are considered by the city to be a boat or vessel, and therefore, are permissible for use on the waters of White Rock Lake. The White Rock Lake Park watercraft regulations are incorporated by reference herein and shall become a part of this contract. (See Attachment II - City Code - Section 32, Article

IV).

6. Contractor shall remove all trash from their service area periodically as needed and at the conclusion of each business day.

7. The contractor shall obtain all necessary permits.

8. Contractor shall not sell alcoholic beverages, illegal goods, or goods with any element of chance. No sales with any element of chance are permitted on any park site.

9. The concession rental operation service shall be conducted in a clean, safe, orderly and lawful manner and in strict conformance with all applicable City, County, State and Federal ordinances, laws and regulations.

10. Hawking, noisy canvassing, or loud music shall not be permitted on or adjacent to the concession or on any part of the grounds of the park.

11. The contractor shall ensure that rubbish, glass, bottles or other types of debris will not be allowed to collect on the grounds adjacent to the building. Accumulations shall be removed daily or more frequently, if necessary. Bottled drinks are not permitted in the park and will not be offered by the Contractor. The premises of the concession shall always be kept clean and orderly.

12. The Contractor shall not throw wastewater into the surrounding waters, on the grounds of the park, or around any trees, shrubbery or turf.

13. The contractor agrees to comply with the Dallas Fire Department regulations and recommendations so as not to impede ramp access and allow clear access to transport fire rescue vehicles and other machinery on and off the premises for emergency purposes.

14. The contractor shall not permit patron parking on the concession facility premises and any other area restricting public parking.

15. The contractor shall cease its operations when wind speeds exceed 19 MPH. In addition, Contractor will incorporate a flag system in conjunction with the Beaufort Wind Scale.

No flag will be necessary when wind speeds reach 8-12 MPH. A yellow flag should be displayed when wind speeds are between 13-18 MPH. When wind speeds hit 19 MPH or above, a black flag should be displayed, and rentals will be suspended until wind speeds subside. Finally, Contractor will regularly monitor wind conditions by an anemometer that will be mounted near its operation. The contractor will provide a monthly report detailing closures related to wind activity or any other reasons.

16. Contractor agrees to provide a functioning on-site Automated External Defibrillator

(AED).

17. Contractor should utilize a lightning tracker and alert system (e.g. an app on a phone) to monitor lighting strikes for protection of property and people caused by lighting.

18. All Contractor’s employees and volunteers, if any, shall be required to have appropriated water safety certifications.

X. Report of Sales

Contractor shall make collections of all monies at the agreed upon percentage at intervals of such frequency and as necessary to discourage vandalism, theft or robbery. An authorized plan for accounting shall be established to fully reflect the sales. By the 10th of each month, payment shall be made to the City of Dallas Park and Recreation Department for the previous month’s operation, along with a detailed accounting report for the same month. A standard monthly reporting form will be provided by the City to the awarded Proposer. A five percent (5%) late fee shall be assessed if payment is received later than the 10th day of each month. Reporting of sales will be made directly to:

Business Manager Dallas Park and Recreation – Contract Management Services

5620 Parkdale Drive Dallas, Texas 75227

XI. Annual Operating Budget

The Contractor shall submit annual operating budgets for each upcoming fiscal year to the Director for review, due 90 days before the beginning of the contractor’s fiscal year. Such budgets shall include detailed information regarding estimated income to be received from all sources and a clearly detailed budget of expenditures. The proposer shall pay for the operational costs of the facilities through revenue generated there-from.

XII. Financial Reporting

The contractor shall also provide a quarterly statement of income for said period no later than sixty (60) days after the end of each quarter. The year-end statement of income shall be prepared in conformity with GAAP (Generally Accepted Accounting Principles) and shall be provided no later than one-hundred twenty (120) days after the end of Contractor’s fiscal year. Gross sales shall be examined by an independent CPA presented by an Examination-Level Attestation Report that allows the certified public accountant to express an opinion and to provide assurance that gross sales and revenues reported are complete and accurate.

XIII. Environmental Policy

The Contractor shall conduct all practices in an environmentally friendly manner, as to prevent operational shoreline erosion.

The 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 part of this RFCSP and shall adhere to the policy and provide information to City in the form and at the times requested by the City in furtherance of the policy. The EMS is described in Administrative Directive 2-49, and is included in this solicitation as Attachment IV.

XIV. Utilities

The City is not responsible for providing any utilities for the operation of this agreement. See Alterations, Additions and Improvements section (next) for terms and conditions regarding addition of utilities.

XV. Alterations, Additions and Improvements

It is specifically understood that any changes or alterations, additions and improvements to the concession location and surrounding area shall be made at the sole expense of the Contractor. No changes or alterations shall be made without prior written approval of the Park and Recreation Director or his authorized representative. The Contractor or the contractor of any alterations shall provide insurance as set forth by the City prior to any authorized alteration, addition and/or improvement.

XVI. Other Concession Contracts

The City reserves the right to enter into other concession agreements at locations within White Rock Lake Park.

XVII. Water Level

The Contractor understands and accepts that White Rock Lake Park’s primary purpose is for the impounding of water for the City of Dallas. The City is not responsible for any losses incurred by the Contractor resulting in any fluctuation in the water level as a result of the operation of the lake as a water supply, or present or future plans or decisions by the City to alter or change the configuration or water level of the lake to better serve the public.

XVIII. Park and Recreation Services

The City reserves the right to operate any additional park operations at White Rock Lake and the surrounding area, if in its opinion, additional services are required to adequately serve the public for routine or special events.

XIX. Background Check

The City shall be responsible for the initial background check for the on-site personnel prior to the award. Upon award and thereafter, the City will have background checks conducted on all additional on-site personnel at the Contractor’s expense.

XX. Transition

The awarded Contractor shall provide a transition plan and period to address the transfer of operational management of the rental concession operation from the incumbent contractor to the awarded Contractor. The transition plan should address transition costs, transition of records, revenue, equipment and personnel.

XXI. Damages

The Contractor shall pay for any and all damages to the rental concession operation facility located along the east shore of White Rock Lake Attachment III – Map, beyond the normal wear and tear. Damage resulting from normal wear and tear or resulting from neglect of the manufacturer’s recommended maintenance by the city is the City’s responsibility. Before Contractor paid repairs can begin, the Contractor must submit estimates and obtain approval from the Park and Recreation Department. Estimates must be detailed showing all parts and labor required for the repair. The Contractor may not commence any repairs without prior approval from the Park and Recreation Department. The City reserves the right to inspect repairs paid for by the Contractor. The Contractor reserves the right to verify the claim amount through an independent third-party appraiser.

Notwithstanding the provisions of any Contractor rental agreement executed by The City of Dallas, the proposer hereby assumes and shall bear the entire risk of preventative maintenance and administrative costs.

XXII. Claim Submission

The City of Dallas is self-insured and does not have an insurance policy; therefore, claims for damages, loss of use, misuse and neglect are submitted to Risk Management General Liability and Subrogation Claims Unit @ http://www.cod/ORM/liability_claims.htm .

XXIII. Violation of Contract, Law and/or Ordinances

In case any sublease, the assignee or employee of the Contractor is found willfully violating any law or ordinance or condition of this agreement or becomes objectionable and offensive to the good order and use of said grounds, the Contractor shall remove any such person from said grounds at once. The city may terminate this agreement at its option and have the equipment removed from the area.

XXIV. Lien

The contractor hereby gives to the City a lien upon all of Contractor’s property now or at any time hereafter placed in/or on the said premises to secure the payment of the percentage stipulated to be paid for the concession privilege, all exceptions of such property being waived.

XXV. Evaluation Criterion

It is the intent of the City to award this RFP in accordance with the evaluation criteria established herein. The City reserves the right to award by line, group or entirety based on the method that is most advantageous to the City.

The City of Dallas will review the proposals submitted by all proposers. Based on the evaluation criteria, the City of Dallas will determine which proposal(s) is/are the most advantageous to the City for the award of the contract.

The City of Dallas may, at any time, research and/or review a proposer's ability to perform work and/or provide specified products/materials. The City of Dallas may ask for additional information about a company and its work on previous contracts. Proposers may choose not to submit such information in response to the City of Dallas' request; however, if failure to submit such information does not clarify the City's questions concerning the ability to perform, the City may discontinue further consideration of a particular proposal. The City of Dallas would typically be interested in the following: qualifications, certifications, previous experience in performing similar or comparable work or supply similar materials and/or products, references, facilitation, delivery and other relevant information.

Please be aware that the City of Dallas may use sources of information not supplied by the proposer concerning their ability to provide kayak, canoe and or paddle board rental concession http://www.cod/ORM/liability_claims.htm operation services. Such sources may include current or past customers of the organization;

current or past suppliers; articles from industry newsletters or other publications or from non-published sources made available to the City of Dallas.

The contract will be awarded to the proposer(s) who is determined to be the most advantageous to the City. Upon award of a contract, the terms of the specifications, the RFP, the award instrument for the operational management of a kayak, canoe and or paddle board rental concession operation at White Rock Lake shall serve as the terms of the contract, unless the City chooses, in its sole discretion, to prepare a formal contract document incorporating the above referenced documents as a part thereof.

1. Experience – 30 points

a) Proposer’s relevant experience and expertise in operating and managing a portable kayak, canoe, and/or paddle board rental concession service as it relates to the requirements stipulated in this RFP.

b) Qualifications, experience and competence of professional personnel who will be assigned to the contract by the Proposer including tenure with firm, length of time in the industry and type of experience.

c) Response of references

2. Approach – 30 points

a) Understanding of the Park and Recreation Department’s needs and scope of work.

b) Soundness of proposed approach, methodology and deliverables for the operational management of a portable kayak, canoe, and/or paddle board rental concession service as it relates to the requirements stipulated in this RFCSP (shall include an evaluation of the proposed fiscal plan, product pricing, operating schedule, hours of operation and staffing resources).

c) The marketing plan designed to attract business, maximize revenue and increase service to the public that details networking efforts with neighborhood associations and user groups of White Rock Lake.

3. Cost and Timeframe – 35 points

a) Proposed revenue percentage sharing of portable kayak, canoe, and/or paddle board rental concession service revenue with the City of Dallas Park and Recreation Department.

4. Local Preference Program- 5 points

a) The City of Dallas aims to maximize economic return in the procurement of goods and services with the Local Preference Program. The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents. 5 points will be awarded to those Suppliers that qualify for the local Preference points on a pass/fail basis.

b) The information shall be submitted in the proposal. In order to receive the points a supplier must satisfy one of the following:

1.4.2.1 Proof of principal place of business located in the City of Dallas, OR

1.4.2.2 Proof of local workforce composition including:

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

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

1.4.2.5 If available, participation in Workforce Development Program

XXVI. Performance Measures and Contract Management

The City will monitor the Contract and measure contractor performance on a monthly/annual basis until the expiration of the contract. Performance measures will include:

A. Reports – accuracy/verification and completeness of business, revenue and transaction records (includes applicant registrations, fees, merchandise sells, repairs, expenses); how promptly are records being produced for review/audit; frequency of annual financial statement report.

B. Verification of data and calculations – cash, receipts and associated revenue.

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

D. Adequate maintenance and upkeep of the rental concession facility during operational use

(cleanliness, repairs, etc.).

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

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

G. The city will determine the length of time and 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 by the Contractor.

XXVII. Documents Submitted with Proposal or upon Request I. Business Information Form (OPS-02)

II. Conflict of Interest Policy and Questionnaire (OPS-06, State Form CIQ) III. Team Make-Up and Local Workforce Form (OPS-FRM-640) IV. Living Wage Affidavit (OPS-3) V. Sample Contract with markups

VI. Any other City documents as required

XXVIII. Exhibits

• Attachment I - Insurance Requirements

• Attachment II - City Code - Section 32, Article IV

• Attachment III - Map

• Attachment IV - Environmental Management System (EMS) - Administrative Directive

2-49

XXIX. Opening Proposals

All proposals shall be in the office of the Office of Procurement Services Department no later than the proposal due date and time shown on the RFP Signature Page.

Proposals will be opened by the City at 2:00 p.m. the day following the due date to avoid disclosure of contents to competing proposers. Proposer names will be publicly read. It is the responsibility of the proposer to clearly mark and identify all portions of the proposal, which, in the proposer’s opinion, contain trade secrets, confidential information and other proprietary information. All proposals are subject to the Texas Open Records Act process.

XXX. Review of Proposals

1. The City will review and evaluate the proposals submitted to determine if submitted proposals demonstrate the required experience and qualifications to fulfill the obligations of the services identified in this RFP. Vendor presentations are anticipated to take place upon review and scoring of all submitted proposals. Respondents will be notified by the buyer as to the date, location and times of presentations.

2. The City may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the Proposal. The City may also seek clarification from the referenced Proposers about any financial and experience issues.

3. Please be aware that the City of Dallas may use sources of information not supplied by the proposer concerning the abilities to perform this work. Such sources may include current or past customers of the organization; current or past suppliers; articles from industry newsletters or other publications or from non-published sources made available to the City of Dallas.

XXXI. Proposal Pricing

1. Proposed pricing shall be firm for the entire contract. The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the Contract.

2. Costs not included or calculated in the applicable unit prices as proposed will not be paid by the City, regardless of the intentions of the proposer when the proposal was submitted and regardless that those costs were actually incurred.

XXXII. Insurance Requirements

The successful Contractor will be required to purchase, within fifteen days of award, and maintain, during the term of the contract, insurance as described in Attachment I and agrees to the indemnification agreement therein and required performance and payment bond.

XXXIII. Discussion with Reasonably Qualified Proposals

1. The City reserves the right to engage in discussions or conduct interviews, either oral or written, with the proposers determined by the evaluation criteria to be reasonably viable to being selected for award. If discussions or interviews are held, the buyer may request best and final offers. The request for best and final offers may include:

• Notice that this is the opportunity to submit written best and final offers

• Notice of the date and time for submission of the best and final offer

• Notice that if any modification is submitted, it shall be received by the date and time specified or it will not be considered

• Notice of any changes in the Proposal requirements

2. Following evaluation of the best and final offers, purchasing may select for negotiations the offer that is most advantageous to the City, considering price or cost and the evaluation factors in the RFP.

3. After the most advantageous proposer(s) has been identified, Contract negotiations may commence. If at any time Contract negotiation activities are judged to be ineffective, Office of Procurement Services will cease all activities with the proposer and begin Contract negotiations with the next highest ranked proposer. This process may continue until either both the proposer and Office of Procurement Services executes a completed Contract or Office of Procurement Services determines that no acceptable alternative proposal exists.

4. The City reserves the right to reject any or all proposals received or to award, without discussions or clarifications, a Contract based on initial proposals received. Therefore, each proposal should contain the Proposer’s best terms from a price and technical standpoint. Also, only proposers submitting a proposal will be notified of any communications after the RFP closing.

XXXIV. Rejection or Acceptance of Proposals

1. This RFP does not commit the City to award any Contract. The City reserves the right to reject any or all proposals, to waive technicalities or irregularities, and to accept any proposal it deems to be in the best interest of the City. The City shall not be liable for any costs incurred by any company responding to this RFP.

2. The City will require the recommended proposer to sign the necessary Contract documents prepared by the City Attorney's Office. A sample Contract is included as an attachment. Proposer must take exception to any term of the Contract to which it will not agree in its proposal.

XXXV. Late and Withdrawn Proposals

Proposals are required to be submitted electronically using the City procurement website https://dallascityhall.bonfirehub.com/login. The system will not accept submittals after the due date and time and hard copy submittals are not permissible.

XXXVI. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. 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 proposal 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 proposal “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.

XXXVII. Disqualification of Proposers

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

• Reason to believe collusion exists among the proposers

• The proposer is involved in any litigation against the City of Dallas

• The proposer is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas

XXXVIII. Permits Required by Law

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

XXXIX. Records and Audit

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 by this Contract. These records shall be retained for a minimum of two years after the conclusion of the Contract. The City reserves the right to audit any records it deems necessary for the execution of this Contract.

XL. Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract of any part therein or its right, title or interest therein or its power to execute the same to any other persons, firm, partnership, company or corporation without the prior written consent of the City.

Should the 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.

XLI. Default by Contractor

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

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

• Contractor attempts to assign the Contract without the prior written consent of the City.

• Contractor shall fail to perform, keep or observe any term, provision or covenant of the

Contract; or

• Contractor fails to properly and timely pay Contractor personnel, suppliers or other contractors and the failure impacts the City or its Facility in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default.

If the default is not corrected to the satisfaction and approval of the Director within the time specified in such notice, the City may immediately cancel the Contract. At the direction of the Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract.

The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract.

No Waiver: No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

XLII. Termination

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

XLIII. Miscellaneous

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

2. Proposers shall submit with the Proposal, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

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

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

5. A Proposal may be disqualified if the corporation or individual Proposer is in arrears or in default to the City for delinquent taxes or assessments or on any debt or Contract, whether as defaulter or bondsman; or who has defaulted upon any obligation to the City by failing to perform satisfactorily any previous agreement or Contract within the past seven years. Also, Proposers may be disqualified for poor prior performance on similar Contracts with other entities.

6. The Contract with the Contractor will be drawn by the City and may contain such other provisions as are deemed necessary to protect the interests of the City.

7. The Contractor agrees to abide by the rules and regulations as prescribed herein. The Contractor will, in all solicitations or advertisements for personnel to perform services under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

8. If either party hereto is prevented from completing its obligations under the Contract by act of God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of the parties hereto, then such party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

9. The section headings in these Specifications are for convenience in reference and are not intended to define or limit the scope of any of the conditions, terms or provisions of these specifications.

10. Should any question arise as to the proper interpretation of the terms and conditions of these specifications, the decision of the City Attorney or his authorized representative shall be final.

XLIV. Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER

PROHIBITED

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

(b) The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

(c) The prohibitions of this section shall not apply to the participation by city employees in federally funded housing programs, to the extent permitted by applicable federal or state law.

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

(e) This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop.

No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and 9) 11HAPTER X

XLV. 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.

XLVI. Wage Floor Rate Requirement

1. 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 $22.05 per hour.

2. 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 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 the 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.

3. 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.

4. 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 a result of an awarded City general

• "Employee" means any person who performs work on a full-time, part-time, temporary, or seasonal basis, including employees, temporary workers, contracted workers, contingent workers, and people made available to work through services of a temporary services, staffing or employment agency or similar entity.

XLVII. Wage Floor Reporting Requirements

Contractors awarded City general services contracts as described in the wage floor rate requirement section of this specification shall be required to provide the buyer with the residential zip code and respective number of employees directly impacted by the wage floor requirement ten days after Council approval and on January 1st. but not later than January 31st.

for the term of the contract. The Contractor shall submit the report to the contract administrator during the established period.

XLVIII. Wage Floor Compliance Requirements

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be considered responsive. The city may request that Contractors, at any time during the pre- or post-award process, demonstrate compliance with the wage floor requirement. Contractors not compliant with the wage floor requirement will be deemed non-responsive and will not be considered for the award. Contractors awarded general service contracts must comply with the wage floor policy and reporting requirements for the term of the contract, failure to remain in compliance may result in breach of contract.

XLIX. Selection Process

The internal team will evaluate all proposals received in response to this RFP. After reviewing the proposal submissions, consultants may be selected for in-person interviews/oral presentations. From those presentations and possible interviews, the proposals will be re-evaluated, and final determination will be made.

The City of Dallas will pursue negotiations with the top ranked respondent with the goal of entering into a contract.

L. Development Costs

Neither City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFP. Respondents are encouraged to prepare their proposals simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the RFP.

LI. Contract Award

Upon selection of a successful Proposer, the City and the Proposer will negotiate a final contract, based on the terms outlined in this RFCSP. A sample agreement, with the general terms for the final contract, is attached as Sample Contract for Services. By submitting a proposal, the Proposer agrees to be bound by these terms and conditions unless otherwise noted in the Submittal. The final contract is subject to City Council approval.

LII. Certificate of Interested Parties (Form 1295)

All vendors recommended by City staff for a contract pursuant to this RFP will…