City of Dallas

Request for Bids (RFB)

Project Title: Equine Feed - Hay for City of Dallas

Buyer Solicitation Number: BC25 - 00028790 http://www.dallascitynews.net/

Specifications

I. Introduction, Purpose and Intent

The City of Dallas is seeking qualified suppliers to establish a three (3) year Indefinite

Delivery/Indefinite Quantity (ID/IQ) master agreement for the provision of hay to support horses assigned to the Dallas Police Department Mounted Unit.

An ID/IQ agreement is established when quantities of goods and delivery schedules cannot be predetermined. Under this agreement, hay will be ordered on an as needed basis throughout the contract term.

II. Pre-Bid Meeting Schedule, Questions, and Inquiries

During the solicitation process bidders are required to limit their communication regarding this project to the Buyer referenced herein. A pre-bid meeting will be held by the City whereby the bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-bid meeting will be the only time when bidder and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Bidders 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. Bid Submittal Requirements

To be considered responsive, bid response must be submitted electronically

(https://dallascityhall.bonfirehub.com/login.) by the due date and time indicated in the solicitation.

All bidders submitting bids through the electronic bidding system shall scan and upload a copy of their $100.00 bid security (sealed bid bond, certified check or cashier’s check) as an attachment to their electronic bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the city’s purchasing agent upon request. Bid security shall be delivered to: Office of Procurement Services, 3rd floor, Dallas

City Hall, Room 3FN, Dallas, Texas 75201. The bid security of recommended bidders will be retained until such time as the awarded bidder has executed the contract. If the awarded bidder fails to execute and deliver the contract within ten (10) days after the notice of award, City may annul the notice of award and shall be entitled to make a claim against the bid security. The bid security of recommended bidders will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended bidders will be returned.

The following documents should be submitted with your bid:

- Copy of Bid Security ($100.00) https://dallascityhall.bonfirehub.com/login

IV. Local Preference

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.

Request for Bids

A local firm whose bid is within the following percentages may be considered for award over the lowest bidder (City Council ultimately decides):

• 3% of the lowest bid for a contract valued at greater than $500,000 for goods.

• 5% of the lowest bid for a contract valued at less than $500,000 for goods or services.

• 5% of the lowest bid for a contract valued at less than $100,000 for construction services.

V. Specifications

Baled Hay for the Equine Stables for Dallas Police

1. Coastal Bermuda Hay

a. Product Requirements:

i. Coastal Bermuda hay must meet the USDA guidelines for “Good” hay grass.

ii. The average crude protein content (CP) shall not be less than 8%.

iii. Hay must be leafy, with leaves comprising at least 50% of total bale weight.

iv. Leaf color shall be green to green.

v. Hay must be harvested at the head stage or earlier and baled with wire.

vi. Hay bales must be clean, free of weeds, fecal matter, mud, paper, musty odor, mold, dust, seeds and foreign grasses.

vii. Bale weight shall range between 50 and 60 pounds.

viii. Coastal Bermuda hay must be sun-cured with no exposure to rain or artificial drying agents. Hay must not be stained, badly weathered, heat damaged, smoke damaged or wet.

b. Documentation and Testing:

i. Laboratory Analysis and Certification

1. Coastal Bermuda hay must be tested for moisture and chemical composition (CP, ADF, NDF, calcium and phosphorus) by a commercial laboratory.

2. Acceptable testing methods include Near Infra-Red Spectrometer

(NIRS) or Van Soest methods of forage analysis.

3. A certificate of analysis must be provided at the time of delivery to

Dallas Police Department Mounted Unit stables.

4. Coastal Bermuda hay must pass both physical inspection and laboratory analysis results verification to be accepted by the Dallas

Police Department Mounted Unit.

ii. Delivery Documentation

1. Each delivery must include a certified weight ticket.

2. Shipments must be accompanied by documentation identifying the primary source, cutting number, quality indicators, and fertilization records.

3. The certificate of analysis must correspond to the hay delivered and moisture, chemical, and dry matter results.

4. Coastal Bermuda hay deliveries must pass both physical inspection and laboratory analysis result verification to be accepted by the

Dallas Police Department Mounted Unit. Deliveries that fail inspection or analysis verification may be rejected at vendor’s expense.

c. Payment Terms

i. The City reserves the right to inspect and reject hay that fails to meet specifications.

ii. Payments for Coastal Bermuda hay will be withheld until satisfactory analysis results are received and verified by the City.

2. Alfalfa

a. Product Requirements:

i. Alfalfa must meet the USDA guidelines for “Good” alfalfa.

ii. The average crude protein content (CP) shall not be less than 17%.

iii. Alfalfa must be leafy, with leaves comprising at least 50% of total bale weight.

iv. Leaf color shall be green to green.

v. Alfalfa must be harvested before the flowering stage and baled with string.

vi. Alfalfa bales must be clean, free of weeds, fecal matter, mud, paper, musty odor, mold, dust, seeds, foreign grasses and Blister Beetle/Coleoptera

Meloidae.

1. Blister Beetle Contamination Mitigation: The vendor shall ensure that all Alfalfa hay supplied under this specification is free from blister beetle (Epicauta spp.) contamination. Blister beetles contain cantharidin, a toxic compound that poses a serious health risk to horses. To mitigate this risk:

a. Hay shall be sourced from fields and cuttings where blister beetle presence is minimal.

b. Mechanically crimped or conditioned hay is prohibited unless vendor certifies blister beetle mitigation practices.

c. Preference shall be given to hay from early-season cuttings and regions with lower blister beetle prevalence.

d. Hay shall be visually inspected prior to delivery.

e. Any hay found to contain blister beetles or suspected of contamination shall be subject to immediate rejection and replacement at no cost to the City.

vii. Bale weight shall range between 50 and 60 pounds.

viii. Alfalfa must be sun-cured with no exposure to rain or artificial drying agents. Alfalfa must not be stained, badly weathered, heat damaged, smoke damaged or wet.

b. Documentation and Testing:

i. Laboratory Analysis and Certification

1. Alfalfa must be tested for moisture and chemical composition (CP, ADF, NDF, calcium and phosphorus) by a commercial laboratory.

2. Acceptable testing methods include Near Infra-Red Spectrometer

(NIRS) or Van Soest methods of forage analysis.

3. A certificate of analysis must be provided at the time of delivery to

Dallas Police Department Mounted Unit stables.

4. Alfalfa must pass both physical inspection and laboratory analysis results verification to be accepted by the Dallas Police Department

Mounted Unit.

5. The City reserves the right to conduct laboratory analysis or third-party inspection of hay samples to verify absence of blister beetle contamination. Vendors may be required to submit representative samples upon request.

ii. Delivery Documentation

1. Each delivery must include a certified weight ticket.

2. Shipments must be accompanied by documentation identifying the primary source, cutting number, quality indicators, and fertilization records.

3. Each delivery shall be accompanied by a signed vendor statement certifying that blister beetle mitigation practices were followed for the Alfalfa hay delivered, sourced from fields and cuttings with minimal blister beetle presence, and harvested using appropriate methods. This statement must identify the harvest location, cutting number, and results of visual inspection.

4. The certificate of analysis must correspond to the hay delivered and moisture, chemical, and dry matter results.

5. Alfalfa deliveries must pass both physical inspection and laboratory analysis verification to be accepted by the Dallas Police Department

Mounted Unit. Deliveries that fail inspection or analysis verification may be rejected at vendor’s expense.

c. Payment Terms

i. The City reserves the right to inspect and reject hay that fails to meet specifications.

ii. Payments for Alfalfa will be withheld until satisfactory analysis results are received and verified by the City.

Delivery Requirements

1. All orders must be delivered during the week (Monday through Friday) between the hours of 8:00 a.m. and 2:00 p.m. No weekend delivery will be accepted. A receiving agent should be given at least two days advance notice prior to delivery. Orders are to be delivered, unloaded, and stacked by the vendor in the location provided by the ordering department.

2. All hay shall be cut from fields not currently being grazed by any livestock.

3. The City shall order various quantities as needed. Once an order is placed the awarded vendor shall deliver within three (3) days of the order.

4. Shipping, delivery and/or handling charges must be included in the unit price of the product. No additional charges will be accepted.

5. The City reserves the right to inspect the product at the time of delivery and reject hay that fails to meet the required specifications.

VI. Communication

It is essential that the awarded Contractor respond clearly 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 and emails from the

City within four (4) hours of receipt.

VII. Commencement Date

The Contract shall be contingent of award by the Dallas City Council approval and upon the execution of the Contract.

VIII. 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.

IX. Location and Invoicing

The City shall pay invoices in 30 days. In order 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.

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:

• Name and address of the department for which services were provided

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

• Date of order or Service

• Detailed description of each service

• Price good or services (charges for all services covered by this contract are to be separately stated and explained

• Total cost of goods/services

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.

X. Total Cost of Goods and/or Services

The prices quoted on the Bid Table will be inclusive, and should include all costs incurred, real and unforeseen, related to the manufacturer, shipping, and delivery, including insurance and all other direct costs.

Costs not included or calculated in the applicable unit prices as bid shall not be paid by the city, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred.

XI. Performance Measures and Contract Management

1. A designated City Representative reserves the right to reject any hay deemed unsuitable within forty-eight (48) hours of a pickup or delivery.

2. The supplier must be able to deliver replacement hay for any hay deemed unsuitable for use by the City within twenty-four (24) hours of rejection.

3. The City of Dallas will only honor revised prices beginning the date the City of Dallas Office of Procurement Services receives the revised catalog and or list price by the methods listed above. The City of Dallas will not reprocess invoices that have been created per old list price due to the bidder’s failure to submit current list price. All City of Dallas purchases will be discounted per the quotes listed in the RFB from the awarded supplier.

4. If the supplier’s Direct Cost decreases at any time during the term of this agreement, the supplier shall immediately pass the decrease on to the City and lower its prices by the amount of the decrease in Direct Cost. Supplier shall notify the Office of Procurement Services (OPS) of price decreases in the same way as for price increases set out below. The price decrease shall become effective immediately upon the OPS’s receipt of supplier’s notice.

5. Contractors/Suppliers may request a price increase after one (1) year from the Council award date. Subsequent price increases may be requested six (6) months from the date of the previous approved price increase. At no point during the contract shall the cumulative price increase exceed 10% of the original awarded bid price for the year 2 and year 3.

To request a price increase, supplier shall submit a letter indicating the amount of the increase, along with an itemized list of any increased prices, showing the supplier’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item.

Documentation from the supplier detailing the need for the actual dollar increase/decrease to the supplier shall accompany this request.

6. If the City approves the price increase, he or she shall notify supplier in writing; no price increase will be effective until supplier receives notice confirmation from the City. If the City does not approve supplier’s price increase, supplier may terminate its performance under the agreement upon ninety (90) days advance written notice to the City Purchasing Agent. If, at any time after approving a price increase, the City determines that the City can obtain the same item at a lower price from a different source without violating the State bid law, the City may then purchase the item from the lower price source without any obligation to the supplier.

XII. Special Requirements

1. Lab Analysis Requirement – Coastal Bermuda Hay

Bidders must submit a recent laboratory analysis report for the Coastal Bermuda hay proposed under this solicitation. The analysis must meet the following criteria:

o Recency: The report must be dated within 12 months of the solicitation closing date.

o Source: Analysis must be conducted by an independent, accredited agricultural or forage testing laboratory using NIRS or Van Soest methodology.

o Content: At minimum, the report must include:

▪ Crude protein percentage (minimum 9%)

▪ Moisture content

▪ Acid detergent fiber (ADF) and neutral detergent fiber (NDF) levels

▪ Relative feed value (RFV) or total digestible nutrients (TDN) o Identification: The report must clearly identify the hay sample as Coastal Bermuda and correspond to the product offered.

2. Lab Analysis Requirement – Alfalfa

Bidders must submit a recent laboratory analysis report for the Alfalfa proposed under this solicitation. The analysis must meet the following criteria:

o Recency: The report must be dated within 12 months of the solicitation closing date.

o Source: Analysis must be conducted by an independent, accredited agricultural or forage testing laboratory using NIRS or Van Soest methodology.

o Content: At minimum, the report must include:

▪ Crude protein percentage (minimum 17%)

▪ Moisture content

▪ Acid detergent fiber (ADF) and neutral detergent fiber (NDF) levels

▪ Relative feed value (RFV) or total digestible nutrients (TDN)

▪ Calcium values

▪ Phosphorus values o Identification: The report must clearly identify the hay sample as Alfalfa and correspond to the product offered. Vendors must also confirm that the sample was visually inspected for blister beetle contamination prior to submission.

3. Blister Beetle Mitigation Statement – Alfalfa

Bidders must submit a signed vendor statement certifying that Alfalfa hay used for the recent laboratory analysis report submitted with the bid was sourced from fields and cuttings with minimal blister beetle presence, harvested using appropriate methods, and visually inspected prior to sampling—and that these practices will continue to be followed throughout the contract term. The statement must include harvest location, cutting number, and inspection results, as outlined in Section V.2.a.vi.1 and Section V.2.b.ii.3.

Failure to provide a qualifying lab analysis with your bid submission may result in disqualification of the bid. The City reserves the right to verify results and request additional documentation if needed.

XIII. Exhibits

XIV. Documents Submitted with Bid or upon Request

1. Business Information Form (OPS-02)

2. Conflict of Interest Policy and Questionnaire (OPS-07, State Form CIQ)

3. Statement of Insurability and Quote (OPS-04)

4. Local Preference Affidavit (OPS-3)

5. Living Wage Affidavit (OPS-03)

6. Team Make-Up and Local Workforce Form (OPS-FRM-640)

7. Sample Contract with Markups

8. Copies of recent laboratory analysis reports for each hay type included in the bid, reflecting moisture and chemical composition as outlined in Section XII.

9. Signed Vendor Statement Certifying Blister Beetle Mitigation Practices for Alfalfa Hay

This statement must confirm that hay used for the recent laboratory analysis report submitted with the bid was sourced from fields and cuttings with minimal blister beetle presence, harvested using appropriate methods, and visually inspected prior to delivery-and that these practices will continue to be followed throughout the contract term. The statement must include harvest location, cutting number, and inspection results, as outlined in Section V.2.a.vi.1 and Section V.2.b.ii.3.

10. Copy of contractor’s internal affirmative action plan or policy

11. Any other City documents as required

XV. Opening of Bids

The City will open bids during the bid reading. Bid readings take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

Any bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

XVI. Review of Bids

1. The City will review bids for compliance to determine whether bids are responsive and responsible and whether the bid meets minimum requirements.

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 bid.

3. Please be aware that the City of Dallas may use sources of information not supplied by the bidder concerning the abilities to perform this work or meet the minimum requirements. 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.

XVII. Bid Pricing

1. Bid pricing shall be firm for the entire contract unless otherwise stated herein. 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 bid will not be paid by the City, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred.

XVIII. Insurance and Bonding 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 1 and agrees to the indemnification agreement therein and required performance and payment bond.

XIX. Rejection or Acceptance of Bids

1. This RFB does not commit the City to award a Contract. The City reserves the right to reject any or all bids, to waive technicalities or irregularities, and to accept any bid 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 RFB.

2. The City will require the recommended bidder to sign the necessary Contract documents prepared by the City Attorney's Office, if applicable. If applicable, a sample Contract is included as an attachment. Bidders must take exception to any term of the Contract to which it will not agree in its bid.

XX. Late and Withdrawn Bids

Bids 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.

XXI. 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. Bidders 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 bid, the bidder 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.

XXII. Disqualification of Bidders

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

• Reason to believe collusion exists among the bidders

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

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

XXIII. 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.

XXIV. 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.

XXV. 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.

XXVI. Default by Contractor

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

• Contractors 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

• Contractors fail to properly and timely pay Contractor personnel, suppliers 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 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.

XXVII. 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.

XXVIII. Miscellaneous

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

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

3. Bidders shall thoroughly familiarize themselves with the provisions of these Specifications.

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

5. A bid may be disqualified if the corporation or individual bidder 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, bidders 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.

XXIX. 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 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.

(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

XXII.1

XXX. Indemnity

The selected bidder 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 bidder’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 bidder, 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 bidder(s) 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.

XXXI. 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 $15.21 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. Contractors 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 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 persons made available to work through services of a temporary services, staffing or employment agency or similar entity.

XXXII. 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 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.

XXXIII. Wage Floor Compliance Requirements

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be consider 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 nonresponsive and will not be considered for 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.

XXXIV. Development Costs

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

XXXV. Contract Award

The City reserves the right to award this bid to the lowest bidder(s) by line, group, in its entirety, or in a manner that is most advantageous to the City. By submitting a bid, the bidder agrees to be bound by these terms and conditions unless otherwise noted herein. The final contract is subject to City Council approval.

XXXVI. Certificate of Interested Parties (Form 1295)

All vendors recommended by City staff for a contract pursuant to this RFB 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. Vendor will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm , and submit a copy to the buyer 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 buyer; the staff recommendation will be placed on a City Council agenda to award the contract.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm