1-RFP-01-Instruction to Proposers.pdf

CITY OF FORT WORTH - PURCHASING DIVISION

INSTRUCTION TO PROPOSERS

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 1 of 17

Prepared By: Purchasing Division Approved By: Chief Procurement Officer

Revisions and Approvals

Revisions

Revision Effective Date Change Reference

00 2-12-2024 Not applicable

01 10-9-2025 Updated City Hall Address, Removal of DVIN language, Addition of Small Business Program language

Review/Approvals

Position Name Signature Date

Chief Procurement Officer Haven Wynne

Senior Purchasing Manager Cristina Camarillo

Haven Wynne (Oct 14, 2025 10:27:26 CDT)

Cristina Camarillo (Oct 14, 2025 10:30:02 CDT) 10.14.2025 https://fortworthtexas.na1.adobesign.com/verifier?tx=CBJCHBCAABAAsvFMJEIX_dPU5Xn8_7Mt29oq5CMg2TZH https://fortworthtexas.na1.adobesign.com/verifier?tx=CBJCHBCAABAAsvFMJEIX_dPU5Xn8_7Mt29oq5CMg2TZH

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 2 of 17

1.0 BROWSERS - The City of Fort Worth’s online procurement portal (Euna

Portal) can be accessed using Microsoft Edge, Google Chrome, or Mozilla

Firefox. Javascript must be enabled. Browser cookies must be enabled.

2.0 SUPPORT - For technical questions about the Euna Portal, visit Euna’s help forum at https://vendorsupport.gobonfire.com/hc/en-us or contact the Euna support team at Support@GoBonfire.com or by calling 1-800-354-8010.

To get started with Euna, watch this five-minute training video:

https://vendorsupport.gobonfire.com/hc/en-us/articles/6796500613655-

Vendor-Registration-and-Submission-VIDEO-

3.0 QUESTIONS - All questions, explanations, clarifications, or interpretations desired by Proposers regarding any part of the solicitation must be electronically submitted to the City of Fort Worth’s Euna Portal through the

“Vendor Discussion” section under the respective Project/Request For

Proposal (RFP) before the Questions Due Date and time specified in the Euna

Portal.

4.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA - The Purchasing

Division of the City of Fort Worth (City) will post an Addendum on the Euna

Portal with answers to all questions received before the deadline before the submission Close Date and Time. Interpretations, corrections, or changes to the RFP made in any other manner are not binding upon the City, and

Proposers shall not rely upon such interpretations, corrections, or changes.

Oral explanations or instructions given before the award of the Contract are not binding. If the City, in its sole discretion, determines that a change or additional information is needed or a clarification is required, the City shall issue an Addendum in the Euna Portal regarding such change, additional information, or clarification. Sole authority for issuing of Addendum shall be vested in the City’s Purchasing Division. Proposers are advised to check the

Euna Portal frequently for any Addendum issued.

5.0 SCHEDULE OF EVENTS - Tentative Schedule of events are available in the Euna Portal for each RFP. The City reserve the right to change those dates as and when required. Proposers are advised to check the Euna Portal frequently for any changes.

https://vendorsupport.gobonfire.com/hc/en-us mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us/articles/6796500613655-Vendor-Registration-and-Submission-VIDEO-https://vendorsupport.gobonfire.com/hc/en-us/articles/6796500613655-Vendor-Registration-and-Submission-VIDEO-

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 3 of 17

6.0 CLOSE DATE AND TIME - The deadline date and time for

submissions/Proposals against a Project/RFP shall be specified in the Euna

Portal. Your Proposals must be finalized, uploaded, and submitted in the Euna

Portal prior to the posted Close Date and Time for the Project/RFP. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All Proposers assume the risk of late transmission/submission. The City shall not be held liable if an interested

Proposer is unable to submit a complete Proposal before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises.

7.0 SUPPORTING DOCUMENTATION (PUBLIC FILES) - Supporting

Documentation (Public Files) attached to the Euna Portal are integral part of the Project/RFP. Bidders should download and review all those documents.

Bidders should complete required documents and upload those to “Required

Information” section of the Project in the Euna Portal.

8.0 SUBMISSION INSTRUCTIONS – All submissions/Proposals must be submitted electronically prior to the close date and time under the respective

Project/RFP via the Euna Portal:

https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities

Failure to complete and submit all required information listed in the respective

RFP will be grounds for rejection of a Proposal as non-responsive. No late

Proposals shall be accepted. Proposals delivered in any other manner than using the Euna Portal will not be accepted or considered.

If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such Proposer provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Proposal was caused solely by error or malfunction of the Euna Portal. Failure to scan a clear or readable copy of a Proposal into the system does not constitute and shall not be considered an error or malfunction of the Euna Portal. Proposers are encouraged to fully review each https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 4 of 17 page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete.

9.0 REQUEST FOR PROPOSAL – A Request for Proposal (RFP) is the publication of the City’s intent to award an agreement based on a submitted

Proposal that presented the best value to the City based on the means and methods of how they will provide the requested goods and/or services to the

City, among other consideration. It may also be referred to as a Project or

Solicitation. The purpose of the RFP is to describe the goods and/or services to be procured. Proposers are expected to examine all documents that make up the RFP. Proposers shall promptly notify the City of any omission, ambiguity, inconsistency, or error that they may discover upon examination of the RFP. The City assumes no responsibility for any errors or misrepresentations that result from the use of an incomplete RFP. The evaluation criteria to award a contract from an RFP shall be Best Value. The award of contract may be made to the responsible Proposer(s) whose Proposal is determined to be the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the RFP.

10.0 PROPOSAL - An offer/submission by a Proposer for goods and/or service submitted in the Euna Portal against the RFP before the submission Close

Date and Time. Proposal may also be referred to as a Bid.

11.0 PROPOSER - An entity (which could be a person or a business) that (i) seeks or has the potential to do business with the City and serve as a Supplier (also referred to as Seller, Vendor, Bidder, Contractor, Consultant, etc.) and (ii) responds to a City procurement solicitation.

12.0 UNAUTHORIZED COMMUNICATIONS

Cone of Silence - The period of time that begins when an RFP has been released until the Intent to Award has been published. During this period of time, Proposers’ contact regarding this RFP with employees or officials of the

City other than the Purchasing Staff, or as otherwise indicated in the RFP is prohibited and may result in disqualification from the procurement process.

No officer, employee, agent, or representative of the Proposer shall have any contact or discussion, verbal or written, with any members of the City

Council, City staff, or City’s consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City’s

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 5 of 17 consultants regarding any matters pertaining to this RFP, except as herein provided. Any violation of this prohibition may result in the Proposer being disqualified from the procurement process.

Proposers should refrain from making comments regarding a specific solicitation or its subject matter – in the media or otherwise – until the selection process is complete. For the selected Proposer, such comments are also inappropriate until the contractual engagement with the City has ended.

13.0 NON-ENDORSEMENT AND PUBLIC COMMENTS – If a Proposal is

accepted, If a Proposal is accepted, the successful Proposer shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City’s endorsement of the successful

Proposer’s services.

14.0 PRE-PROPOSAL CONFERENCE – If a pre-proposal conference is held, the time, place, and nature of the conference will be specified on the Euna

Portal section under the respective RFP. Attendance at pre-proposal conferences is not mandatory but is highly encouraged.

15.0 PREPARATION OF PROPOSALS - Each Proposer must furnish all information required by an RFP on the documents provided and/or in the format required, unless otherwise stated. Proposals submitted on different forms or in different formats than required in the RFP may be considered non-responsive. Any attempt to alter the wording in the RFP is ineffective and may result in rejection of the Proposal. In order to be considered responsive, Proposals must include all the documents and information requested in this

RFP.

15.1 Tax Exemption - Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Proposals shall not include exempted taxes. The successful Proposer should request a Tax Exemption Certificate from the Purchasing Division.

Under no circumstances shall the City be liable to pay taxes under any

Contract for which the City has an exemption.

15.2 Proposal Adequacy - Proposals should adequately address all evaluation factors listed in the RFP and include required details and documents that will be used as part of the evaluation. Proposals should

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 6 of 17 be prepared as simply as possible and provide a straightforward, concise description of the Proposer’s capabilities to satisfy the requirements of the RFP. Utmost attention should be given to accuracy, completeness, and clarity of content. Proposals shall be completed in accordance with the requirements of this RFP. Statements made by a

Proposer shall be without ambiguity, and with adequate elaboration, where necessary, for clear understanding. All parts, pages, figures, or tables should be numbered and clearly labeled. Submitted information should be limited to pertinent information only.

15.3 RFP Exceptions – If a Proposer has any exceptions to the RFP, they must provide a detailed list of all exceptions on an item-by-item basis and upload this list to the designated area in “Required Documents” in the Euna Portal. The firm must understand that listing exceptions within their documentation does not guarantee acceptance by the City.

15.4 Proprietary Information

i. All material submitted to the City become public property and is subject to the Texas Public Information Act upon receipt.

ii. If a Proposer believes certain information in their proposal is proprietary and wishes to prevent its disclosure, they must clearly mark those pages as follows at the time of submittal:

a. Include the word “PROPRIETARY” in all caps, highlight in yellow, and place at the bottom center of each applicable page.

b. Provide a complete list of the marked pages in the designated area specified in the bid using the chart provided.

iii. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. However, the Texas Attorney

General will make the final determination on what must be disclosed.

iv. Pricing information cannot be marked as proprietary and will be made publicly available in the form of a bid tabulation after all

Proposals have been evaluated. By submitting a proposal, Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 7 of 17

Proposers acknowledge and agree that all pricing information is public and may be released.

v. Failure to identify proprietary information exactly as required in above paragraph will result in all unlisted and/or unmarked sections being deemed non-proprietary and available upon public request.

15.5 Alternate Proposals - Proposers may offer an “equal” product as an alternate Proposal. The final determination of what constitutes an

“approved equal” shall be in the sole discretion the City.

15.6 Proposal Preparation Costs - All costs associated with preparing a

Proposal in response to an RFP shall be borne by the Proposer.

15.7 Free on Board (FOB) Point - Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Proposer should quote its lowest and best price, with the goods delivered to the place specified, at the

Proposer’s expense and risk, and their tender delivery to the City.

Proposals offering any other delivery terms are not acceptable and such term may be cause for rejection.

15.8 Prices

i. Proposals shall be firm-priced offers unless otherwise specified.

ii. In the event of a discrepancy between unit price and extended price, the unit price shall govern; however, Proposer shall bear the risk of inaccurate extended pricing and shall be required to reduce its unit prices to meet the extended price included in the

RFP in event that the use of unit prices would increase the overall cost to the City for the items and quantities included in the RFP.

iii. Prices shall be offered in the United States Dollars and cents.

iv. Unit prices shall include all costs associated with the specified good/service unless specified in the RFP, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the

City.

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 8 of 17

v. The quantities listed on the RFP are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City is obligated to pay for only those goods or services actually ordered by an authorized City employee and then received as required and accepted by the City.

Proposers should extend their best price based on the estimated quantities included in the RFP, but it is understood that the City may purchase more or less of any item included in the RFP.

vi. Following the award, additional services of the same general category that could have been encompassed in the award of the contract, and that are not already on the contract, may be added based on the discount price sheet provided with the Proposal so long as such inclusion does not violate state or local law.

vii. Any services that have been omitted from this RFP that are clearly necessary shall be considered a requirement although not directly specified or called for in the RFP. Proposers should identify such services to the extent possible when responding to the RFP.

16.0 MODIFICATION OR WITHDRAWAL OF PROPOSAL

16.1 Modification of Proposal - Proposal may be modified in the Euna

Portal at any time prior to the Close Date and Time. NOTE: If a

Proposal is modified, it must be resubmitted by the Close Date and

Time to be responsive; once a Proposal is pulled from submitted status by the Proposer, it is no longer submitted for purposes of being evaluated.

16.2 Withdrawal of Proposal - Proposal may be withdrawn in the Euna

Portal at any time prior to the Close Date and Time. Withdrawn

Proposal may be resubmitted, with or without modifications in the Euna

Portal, before the Close Date and Time. No Proposal may be withdrawn after the Close Date and Time without forfeiture of the Proposal/Bid guarantee, if any.

17.0 OPENING OF PROPOSAL - For Projects/RFPs that require a public opening as per state law, the Purchasing Division representative responsible for opening Proposal(s) will publicly open and read each Proposer Title

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 9 of 17

(name) aloud at Fort Worth City Hall located at 100 Fort Worth Trail, Fort

Worth, Texas 76102, at approximately 2:00 PM CST after Close Date and

Time, unless otherwise noted in the RFP.

18.0 PRICING EVALUATION AND AWARD

18.1 Pricing Evaluation - Proposers may furnish pricing for all or any portion of the RFP (unless otherwise specified). However, the City may evaluate and award the contract for any item or group of items shown on the RFP, or any combination deemed most advantageous to the City.

Proposals that specify an “all or none” award may be considered if a single award is advantageous.

18.2 Award - The method of award is detailed in the respective RFP. The

City can award contracts to the Proposer whose Proposal represents the

“best value” to the City.

The following criteria may be considered to determine the best value

(see section 252.043 of the Texas Local Government Code):

i. Purchase Price;

ii. Reputation of the Proposer and of the Proposer’s goods and/or services;

iii. Quality of the Proposer’s goods and/or services;

iv. Extent to which the goods and/or services meet the City’s needs;

v. Proposer’s past relationship with the City;

vi. Impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses, and non-profit organizations employing persons with disabilities;

vii. Total long-term cost to the City to acquire the Proposer’s goods and/or services; and

viii. Any relevant criteria specifically listed in the RFP.

Each RFP will specify the criteria and relative importance of each criteria being used for each specific project.

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 10 of 17

19.0 ACCEPTANCE OF PROPOSAL - Acceptance of a Proposal will be in the form of a Purchase Order or a contract. Subsequent purchase releases may be issued as appropriate. The contents of a Proposal shall become a part of the contract. Under no circumstances will the City be responsible for goods and/or services provided without a Purchase Order issued through the City’s

PeopleSoft system.

20.0 RESERVATIONS

The City expressly reserves the right to:

i. Specify approximate quantities in the RFP;

ii. Extend the RFP Close Date and Time;

iii. Consider and accept alternate Proposals, if specified in the RFP, when most advantageous to the City;

iv. Waive, as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods and/or services;

v. Waive any minor informality in any RFP procedure (a minor informality is one that does not affect the competitiveness of the

Proposers);

vi. Add additional terms or modify existing terms in the RFP;

vii. Reject a Proposal because of unbalanced unit prices;

viii. Reject or cancel any or all Proposals for any reason;

ix. Reissue an RFP;

x. Procure any item by other means;

xi. Cancel an RFP prior to the Close Date and time; and/or

xii. Award in the most advantageous manner to the City, which may include a single award, an award to multiple Proposers on a non-exclusive award basis or awarding primary and secondary

Proposers.

21.0 NEGOTIATIONS - The City reserves the right to negotiate all elements that comprise the successful Proposer’s response to ensure that the best possible consideration be afforded to all concerned.

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 11 of 17

22.0 PERIOD OF ACCEPTANCE - Proposer acknowledges that by submitting the Proposal, Proposer makes an offer that, if accepted in whole or part by the

City, constitutes a valid and binding irrevocable offer that subject to negotiation by the City, shall be reduced to a contract as to any and all items accepted in writing by the City. Unless specified otherwise, the period of acceptance of Proposals is one hundred and eighty (180) calendar days from the Close Date.

23.0 DOCUMENTS REQUIRED FROM RECOMMENDED PROPOSER

23.1 Certificates of Insurance - When insurance is required, the Proposer must provide Certificates of Insurance in the amounts and for the coverage required to the Purchasing Office within seven (7) calendar days after notification of award, or as otherwise required by the

Solicitation. For the duration of a contract resulting from this RFP, Proposer shall carry insurance in the types and amounts as negotiated in the final contract.

23.2 Certificate of Interested Parties Form 1295 - If the Purchase

Agreement must be approved by the City Council before execution, the recommended bidder is required to complete the Certificate of

Interested Parties Form 1295 before the purchase/contract will be presented to the City Council. The Purchasing Office will contact the recommended Bidder who will then submit Form 1295 to the

Purchasing contact listed in the solicitation within two (2) City business days via email before the purchase/contract will be presented to the City Council. The bidder shall mail the original form to the

Purchasing Office. The Form may be completed at:

https://www.ethics.state.tx.us/filinginfo/1295/

24.0 AGREEMENT TERM - Unless specified otherwise, the initial term of the agreement shall be one (1) year. Upon the expiration of the initial term, the agreement shall renew under the same terms and conditions for up to four (4) one-year renewal periods, unless City or Supplier provides the other party with notice of non-renewal at least 90 days before the expiration of the initial term or renewal periods. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify supplier/vendor of such occurrence and the contract will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except https://www.ethics.state.tx.us/filinginfo/1295/

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 12 of 17 as to the portions of the payments herein agreed upon for which funds have been appropriated.

25.0 UNIT PRICE ADJUSTMENT - Suppliers/Vendors that require that unit prices be adjusted for increases or decreases in Supplier’s cost during the contract period shall use the procedure listed below. Unless otherwise stated, price adjustments may only be requested on an annual basis in conjunction with the contract’s renewal:

i. The Supplier must submit its price adjustment request, in writing, at least 60 days before the requested effective period. The Supplier shall provide written proof of cost increases with the price adjustment request and updated requested pricing per line item.

ii. If the City concludes that the rate increase being requested is unacceptable, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division reserves the right to issue a new solicitation or procure the goods or services by any other allowable means.

iii. Prices shall remain firm for the term of the Agreement and shall include all associated freight and delivery costs, unless otherwise specifically stated and agreed to by City.

iv. Upon expiration of the contract term, the successful Proposer agrees to hold over under the same terms and conditions of the contract for a reasonable period of time to allow the city to re-solicitate an agreement, not to exceed ninety (90) days.

v. The provision of goods and/or services shall not be suspended by the

Supplier except as expressly allowed by the contract’s terms and conditions.

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 13 of 17

26.0 INVOICE AND PAYMENTS

26.1 Registration - Successful Proposer are required to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City’s website at:

City of Fort Worth Supplier Information – Welcome to the City of Fort

Worth

26.2 Invoice:

The Supplier shall send invoices electronically to the City’s centralized

Accounts Payable department invoice email address:

supplierinvoices@fortworthtexas.gov This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices.

Please include the following on the subject line of your e-mail:

Supplier name, Invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234)

To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements:

i. All invoices must be either a PDF or TIFF format.

ii. Image quality must be at least 300 DPI (dots per inch).

iii. Invoices must be sent as an attachment (i.e. no invoice in the body of the email).

iv. One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment.

v. Please do not send handwritten invoices or invoices that contain handwritten notes.

vi. Dot matrix invoice format is not accepted.

vii. The invoice must contain the following information:

a. Legal Supplier Name and Address;

https://www.fortworthtexas.gov/departments/finance/purchasing/register https://www.fortworthtexas.gov/departments/finance/purchasing/register mailto:supplierinvoices@fortworthtexas.gov

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 14 of 17

b. Remit to Supplier Name and Address, if different;

c. Applicable City Department business unit# (i.e. FW013)

d. Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros);

e. Invoice number;

f. Invoice date; and

viii. Invoices should be submitted after delivery of the goods and/or services.

To prevent invoice processing delays, please do not send invoices by mail and email. Please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ_FIN_AccountsPayable@fortworthtexas.gov.

If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing.

If electronic invoicing is not possible, you may send your paper invoice to:

City of Fort Worth

Attn: FMS Central Accounts Payable

100 Fort Worth Trail

Fort Worth, Texas, 76102

The City’s goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor’s support.

If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to:

ZZ_FIN_AccountsPayable@fortworthtexas.gov mailto:supplierinvoices@fortworthtexas.gov mailto:ZZ_FIN_AccountsPayable@fortworthtexas.gov mailto:ZZ_FIN_AccountsPayable@fortworthtexas.gov

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 15 of 17

Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor’s request.

26.3 Payment:

All payment terms shall be “Net 30 Days” unless specified in the

Proposal and agreed by the City.

27.0 PROTEST PROCEDURE - Due to the subjective nature RFPs, the City does not allow for protests of RFP awards. If a Proposer believes that a procedural error has occurred, the Proposer should notify the buyer using the Euna Portal immediately.

28.0 COOPERATIVE PURCHASING

i. The City has interlocal agreements with many other governmental entities that provides the ability for other entities to use the City’s contracts, so long as Supplier/vendor agree to extend the same terms, conditions, and pricing to the other entities. Proposer, shall indicate in their Proposal whether they agree that to extend the terms, conditions, specifications, and pricing of its agreement with the City to other governmental entities.

ii. If the successful Proposer agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities with interlocal agreements with the City shall be eligible, but not obligated, to purchase material/services under contract(s) awarded as a result of City solicitations. All purchases by governmental entities other than the City 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 material/services as needed.

29.0 SUBCONTRACTORS - Unless stated otherwise, Proposers may not include subcontractors for any part of services offered. City reserves the right at its sole discretion to accept or reject any proposal that includes subcontractors.

Upon award of a contract, City reserves the right to pre-approve use of any and all subcontractors.

30.0 BEST AND FINAL OFFER - The City at its sole discretion may elect to have Proposers that submit proposals deemed most advantageous to the City to prepare a Best and Final Offer for consideration by the Evaluation

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 16 of 17

Committee. Contract negotiations will then be based on submitted Best and

Final Offers.

31.0 ASSIGNMENT - The Proposers shall not assign its rights or duties under an award without the prior written consent of the City. Such consent shall not relieve the assignor of liability in the event of default by its assignee.

32.0 ERRORS OR OMISSIONS - The Proposer shall not be allowed to take advantage of any errors or omissions in this RFP. Where errors or omissions appear in this RFP, the Proposer shall promptly notify the City’s Purchasing

Division in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFP are to be reported no later than ten (10) days before the RFP response is to be submitted.

33.0 RIGHT OF ASSURANCE - Whenever the City has reason to question the

Proposer’s intent to perform, the City may demand that the Proposer(s) give written assurance of Proposer’s intent to perform. In the event a demand is made, and no assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the contract.

34.0 CHANGE ORDERS - No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the resulting contract.

35.0 VENUE - The contract/agreement(s) will be governed and construed according to the laws of the State of Texas. The contract(s) is performable in

Tarrant County, Texas. The Venue shall lie exclusively in Tarrant County, Texas.

36.0 CONFLICT OF INTEREST - No public official shall have interest in this contract, in accordance with Vernon’s Texas Codes Annotated, Local

Government Code Title 5, Subtitled C., Chapter 171.

37.0 CONTRACT CONSTRAINTS AND CONDITIONS - All goods and/or

services shall be provided in accordance with applicable requirements and ordinances of the City, laws of the State of Texas, and applicable federal laws.

The proposed contract has been provided with this RFP. However, all final terms and conditions will be negotiated with the awarded Proposer.

38.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The successful

Proposer shall notify the City’s Purchasing Division, in writing, of a company name, ownership, or address change for the purpose of maintaining updated

City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must

Effective Date: October 9, 2025 Ref#: RFP-01 Revision: 01 Page 17 of 17 be accompanied with supporting legal documentation such as an updated W-

9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments.

39.0 DEBRIEF – Proposer may request a debrief on their submission within five

(5) calendar days of issuance of Intent to Award.

40.0 SMALL BUSINESS PROGRAM – The City of Fort Worth is committed to promoting opportunities for certified Small Business (SB) Firms. Each solicitation will outline its specific participation requirements. The solicitation will indicate whether:

a. A SB goal has been assigned. In this case, Bidders are required to submit a Utilization Plan and current certification as part of their proposal.

b. No SB goal has been assigned. In this case, no Utilization Plan or certification is required. However, Bidders are encouraged to make good faith efforts to include SB firms whenever possible.