Scope of Work

City of Dallas

Request For Proposals (RFP)

Project Title: Eviction Advocacy Program

Buyer Solicitation Number: BEZ26-00029663 http://www.dallascitynews.net/

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas (City) Office of Housing and Community Empowerment (OHCE) is seeking to establish a one-year agreement, with one one-year renewal option, to administer an

Eviction Advocacy Program for Dallas residents facing eviction. The purpose of the program is to support vulnerable Dallas tenants facing eviction and potential housing instability or homelessness through the provision of legal support, including legal representation, to tenants facing eviction.

The program shall serve Dallas residents and shall make legal assistance services available at no cost to the client. This project is aligned with the City’s adopted Drivers of Opportunity policy framework in advancing Opportunity Rich Neighborhoods through supporting Stable and

Accessible Housing and can help to provide residents with Pathways to Economic Security.

A total of $1,000,000.00 is available through this solicitation to provide these services across

Dallas, Texas and for residents of Dallas, Texas.

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 preproposal 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 preproposal meeting will be the only time when proposers and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address 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

Proposals shall be submitted via the City’s Bonfire Procurement portal system no later than the due date and time. Proposers shall submit each required Exhibit and document within the portal as well as all required documents.

Documents shall be labeled in the document text with the Document Title to ensure that evaluators can confirm receipt and shall also be saved using a filename that is consistent with the document title. These steps will ensure that the reviewer is able to confirm receipt of and validate all required documents.

Required Exhibits

Exhibit 1 – Application Form

This document outlines the services to be provided and is the primary document for review by the evaluation panel in determining proposal scoring and contracting decisions

Exhibit 2 – Budget Worksheet Form

Exhibit 3 – Organization Information (for nonprofit organizations)

Exhibit 4 – Board Data (for nonprofit organizations) https://dallascityhall.bonfirehub.com/login

Exhibit 5 – Summary of Qualifications

Exhibit 6 – Budget Revision Request Form

This document shall outline the specific qualifications of the organization to provide the required services, including certifications or accreditations held by the organization and/or its staff that are relevant to the services.

Other Required Documents

• Certificate from Texas Secretary of State (confirming authorization/registration to do business within the State of Texas)

• Organization Chart o For Entire Agency/Organization o For Program Team/Division

• Federal Tax-Exempt Status Letter (for nonprofit organizations)

• Articles of Incorporation (for nonprofit organizations)

• Audited Financial Statements (for nonprofit organizations)

• IRS Form 990 (for nonprofit organizations)

• Board of Directors / Board Composition Form (for nonprofit organizations)

• Board Minutes (3 past meetings, for nonprofit organizations)

• Reports, Evaluation Tools or other documents to support your proposal at your discretion

IV. Scope of Work

The Office of Housing and Community Empowerment is seeking an organization to administer an

Eviction Advocacy Program for residents of Dallas that are facing eviction. The scope of services for which organizations must be qualified and prepared to provide service includes, but is not limited to:

1) Legal Representation and Support

a. Provide legal representation to tenants facing eviction proceedings

b. Provide legal services, education and training to Dallas residential rental tenants who are facing eviction

Services shall target low-to moderate-income households facing eviction. The Proposer shall articulate and define eligible households/clients within the Proposal submission, including information outlining how a client is targeted or determined to be income eligible. Services provided through this contract should only be for residents of the City of Dallas in Dallas County, Collin County and/or Denton County.

The City is seeking entities that have existing capacity and reach to quickly scale up and serve a large number of clients throughout the contract period. Number of households/clients to be served will be an important factor in the evaluation of proposals.

V. 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 two business days. The awarded Contractor shall respond to phone calls and emails from the City within one business day/24 hours of receipt.

VI. Commencement Date

Organizations should not begin the delivery of services without the explicit and written consent of the City – a fully executed contract, approved as to form by the City Attorney is considered explicit, written permission to begin service delivery.

Funding is available after execution of the agreement and distributed on a reimbursement basis.

Organizations will not be reimbursed for services delivered prior to contract execution without the

City’s approval to begin service delivery. The subrecipient/contractor will be asked to submit a monthly report of program activities and documented expenditures for reimbursement. The City reserves the right to withdraw or reduce the amount of an award, or to cancel the agreement resulting from this procurement if adequate funding is not available. Award is subject to approval by the City Manager and City Attorney’s Office. The City will require the Subrecipient/contractor to sign the necessary documents prepared by the City Attorney’s

Office prior to program implementation.

No work shall commence until the subrecipient/contractor agreement is executed. No agreement is binding until it has been approved as to form by the City Attorney and executed by the City

Manager. The City does not guarantee payment for services delivered prior to the contract’s execution date.

VII. 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.

VIII. Location and Invoicing

The City shall pay invoices within 30 days of receipt of a correct invoice with all required supporting documentation. The City will review invoice process and requirements during a contract delivery meeting at the beginning of the contract term. In order for the City to pay invoices within 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 no later than the 15th 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 contract compliance administrator (name, phone number, department)

• Program Periods / Service Delivery Period

• Monthly Target Analysis and Direct Benefits Forms attached

• Request for Payment Form including each cost consistent with approved program budget

(charges for all services covered by this contract are to be separately stated and explained)

• Total cost of goods/services

• Supporting documentation for each cost (invoice / receipt + evidence of payment)

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 this procedure risk having the contract with the City cancelled. Delays in invoice submissions could impact payment timelines.

IX. Ownership

During the term of the agreement and for a period of five (5) years following completion of the agreement or until completion of any litigations, claims or audits, whichever is later, Subrecipient/contractor agrees to provide the City, or any of their duly authorized representatives, with access to all books, accounts, records, reports, files and other papers or property, as required by federal regulations provided in 24 CFR part 570.506 and 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal

Rewards.”

X. Total Cost of Goods and/or Services

Proposers shall outline all costs using Exhibit 2, Budget Worksheet, and shall outline these costs and justifications in the Budget Narrative section 6 of the Application Form. Selected proposers will be required to submit a Request For Payment no later than the 15th day of each month for billing. The Request For Payment must be accompanied by the Monthly Target Analysis and

Direct Benefits Form, if applicable as well as supporting documentation for each expenditure. Costs are paid on a reimbursement basis and require evidence of payment prior to reimbursement request.

XI. Evaluation Criterion

Proposers will be scored by a panel of evaluators according to the below criteria. See Attachment

B – Proposal Scoring Form for more details.

SUMMARY

Organizational Capacity Evaluation 30

Programming Work Plan 30

Evaluation Plan 20

Cost and Budget 20

TOTAL POINTS AWARDED 100

XII. Performance Measures and Contract Management

The Proposal shall include a comprehensive program Evaluation Plan that demonstrates the impact of the program. The evaluation plan shall include proposed metrics and targets identified by the applicant. All applicants shall include at least one output metric and one outcome metric for each service provided. The contractor/subrecipient will also be expected to report demographic data on clients.

Examples of Metrics:

Below are examples of the types of metrics that might be reported as outcomes or outputs for the

Eviction Advocacy Program. These examples highlight the types of metrics that a report may include and are not necessarily a specific metric or set of metrics required for this solicitation.

Examples of Output Metrics:

• Total number of participants, including race, ethnicity, household income (or appropriate proxy based on program)

• Number of clients represented in court

• Number of evictions avoided

Examples of Outcome Metrics:

• Case outcomes for clients, including comparisons to non-client case outcomes if possible

• Percentage of participants maintaining stable housing

Monthly Reporting

Monthly reporting will consist of several documents, attached as Attachments J, K and L. These attachments serve only as examples of the forms that will be required and will be amended to the specific reporting required for each Subrecipient/contractor.

• Monthly Target Analysis – This form is to be completed and submitted monthly outlining progress towards stated performance goals. This shall be submitted monthly, no later than the 15th of the month, each month during the contract period regardless of whether or not clients were served or services were delivered.

• Direct Benefits (demographics) – This form shall be completed and submitted monthly to provide information on clients served through program funding. This form shall be submitted monthly, no later than the 15th of the month, each month during the contract period regardless of whether or not clients were served or services were delivered.

• Request for Payment – The request for payment form is used to request reimbursement for eligible costs. This can be used for administrative as well as for direct services. This form shall be submitted monthly, no later than the 15th of the month, each month during the contract period regardless of whether funding is being requested.

Oversight

City staff will review monthly reports to ensure eligibility of expenditures, alignment with the contract, and progress against performance targets. City contract management staff will review reporting expectations at the inception of the contract through the contract delivery meeting. Staff will review monthly reports. Generally, contract management staff will check in with contractors at least monthly to review performance measures and program progress. Contract management and program staff will provide technical assistance and support to contractors in reporting and compliance issues.

Monitoring Review

The City reserves the right to conduct periodic on-site monitoring of the Organization’s program and fiscal operations to ensure compliance with terms and conditions of the contract as well as federal, state, and local requirements.

XIII. Special Requirements

A minimum of 12 months, with a preference of 24 months, of relevant experience providing this type of service is required. Relevant experience must include the provision of eviction advocacy services, including legal assistance and representation, to clients at a large scale. Funding will be awarded based on an assessment of experience, qualifications, historic programming performance and Work Plan provided by the Organization in the Application Form

(Exhibit 1). Preference will be shown for organizations that meet minimum requirements. Applicants shall also demonstrate that they possess the fiscal stability and management systems to meet the expected performance goals, and it is imperative that each Proposer understands concepts in grants and contracts managements and has the administrative and programmatic resources and experience to effectively implement statutory, regulatory, performance and fiscal monitoring and reporting requirements.

Suspension/Debarment

No Applications will be accepted from entities that have been suspended, debarred, or otherwise prohibited from participation in federal awards. The City will verify the status of the organization prior to an award.

Nonprofit organizations are required to submit audited financial statements for funding requests in excess of $50,000.00. Audited financial statements shall include the following six components prepared in accordance with American Institute of Certified Public Accountants (AICPA) standards. (Computer printouts from the organization’s accounting software are not sufficient for this purpose.)

• Independent Auditor’s Report

• Statement of Financial Position (balance sheet)

• Statement of Activities (revenue/expense or profit/loss statement)

• Statement of Cash Flows

• Accompanying notes to the financial statements

• Statement of Functional Expenses

XIV. Exhibits and Attachments

1. Exhibit 1 – Application Form

2. Exhibit 2 – Budget Worksheet Form

3. Exhibit 3 – Organization Information

4. Exhibit 4 – Board Data

5. Exhibit 5 – Summary of Qualifications

6. Exhibit 6 – Budget Revision Request (for inclusion in contract, but not required for submission of Proposal)

7. Attachment A – Responsiveness Checklist

8. Attachment B – Proposal Scoring Form

9. Attachment C – Insurance Requirement

10. Attachment D - Income Limits Documentation System

11. Attachment E – Budget Revision Request Form

12. Attachment F – Statement of Services

13. Attachment G – Monthly Target Analysis Report

14. Attachment H – Drivers of Opportunity Framework

15. Attachment I – Statement of Services (for inclusion in contract)

16. Attachment J – Monthly Target Analysis Form

17. Attachment K – Request for Payment Form

18. Attachment L – Monthly Activities Report (Direct Benefits)

XV. Audit Requirements

The City may review any and all of the services performed by the subrecipient/contractor under the contract. The City is granted the right to audit, at the City’s election, all of the subrecipient's/contractor’s records and billings relating to the performance of the contract. The subrecipient/contractor agrees to retain such records for a minimum of five (5) years following completion of the contract. Any payment, settlement, satisfaction & or release made or provided during the course of performance of the contract shall be subject to the City’s rights as may be disclosed by an audit under this section. The City will monitor subrecipient's/contractor’s activities and performance to evaluate progress towards contractual expenditure, performance, and compliance goals. Monitoring may include all phases and aspects of contactor's performance to determine compliance with the contract requirements, including the adequacy of contactor's records and accounts. Contracts are also monitored by reviewing monthly reimbursement reports.

The City may conduct an onsite monitoring site visit at any time during the contract term.

XVI. Service Completion Schedule

This solicitation will establish a one-year agreement. The selected organizations will be required to execute an agreement. The contract will begin on the date of contract authorization or the date of contract execution and last for a duration of one year. Organizations shall not begin the delivery of services without the explicit and written consent of City – a fully executed contract, approved as to form by the City Attorney is considered explicit, written permission to begin service delivery.

Funding is available after execution of the agreement and distributed on a reimbursement basis.

Organizations will not be reimbursed for services delivered prior to contract execution and/or without the City’s approval to begin service delivery. The Subrecipient/contractor will be asked to submit a regular report of program activities and documented expenditures for reimbursement.

This report shall be monthly unless otherwise outlined in the Proposal and shall align with the proposed project timeline. The City reserves the right to withdraw or reduce the amount of an award, or to cancel the agreement resulting from this procurement if adequate funding is not available. Award is subject to approval by the City Manager and City Attorney’s Office.

The City will require the Subrecipient/contractor to sign the necessary documents prepared by the City Attorney’s Office prior to program implementation.

No work shall commence until the subrecipient/contractor agreement is executed. No agreement is binding until it has been approved as to form by the City Attorney and executed by the City

Manager.

XVII. Transition

Contracts will be established for a specific period of timeline as outlined in the Scope of Work.

Proposers should not rely on or anticipate additional funding opportunities for this project beyond the terms of this solicitation. Contractors/subrecipients are required to maintain all records related to this project for a minimum of 5 years beyond the contract period.

XVIII. Closeout Procedures and Requirements

Upon completion of the deliverables, the City shall have the opportunity for final review and acceptance. All Requests for Payment should be submitted to the City no later than 60 after the end of the contract. They City will only pay for activities completed during the contract term.

XIX. Documents Submitted with Proposal or upon Request

1. Business Information Form (OPS-02)

2. Conflict of Interest Policy and Questionnaire (OPS-06, State Form CIQ)

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

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

5. Living Wage Affidavit (OPS-3)

6. Sample Contract with markups

7. Exhibit 1 – Application Form

8. Exhibit 2 – Budget Worksheet

9. Exhibit 3 – Organization Information (for nonprofit organizations)

10. Exhibit 4 – Board Information (for nonprofit organizations)

11. Exhibit 5 – Summary of Qualifications

12. Exhibit 6 – Budget Revision Request Form

13. Certificate from Texas Secretary of State (confirming authorization/registration to do business within the State of Texas)

14. Organization Chart for Entire Agency/Organization

15. Organization Chart for Program Team/Division

16. Federal Tax-Exempt Status Letter (for nonprofit organizations)

17. Articles of Incorporation (for nonprofit organizations)

18. Audited Financial Statements (for nonprofit organizations)

19. IRS Form 990 (for nonprofit organizations)

20. Board of Directors / Board Composition Form (for nonprofit organizations)

21. Board Minutes (3 past meetings, for nonprofit organizations)

22. Reports, Evaluation Tools or other documents to support your proposal at your discretion

23. Any other City documents as required

XX. Opening of Proposals

The City will open proposals during the bid reading. Proposer names will be publicly read at the bid reading which take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

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.

XXI. 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 after the submission due date and time. Proposers will be notified by the Procurement Specialist as to the 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.

XXII. 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.

XXIII. 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 C and agrees to the indemnification agreement therein and required performance and payment bond.

XXIV. 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.

XXV. 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.

XXVI. Late and Withdrawn Proposals

Proposals are required to be submitted electronically at 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.

XXVII. 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.

XXVIII. 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

XXIX. 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.

XXX. 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.

https://dallascityhall.bonfirehub.com/login

XXXI. 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.

XXXII. 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.

XXXIII. 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.

XXXIV. 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.

XXXV. 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

XXII.1

XXXVI. 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.

XXXVII. 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 $23.06 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.

XXXVIII. 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.

XXXIX. 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.

XL. 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.

XLI. 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.

XLII. 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 RFP. 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.

XXLIII. Certificate of Interested Parties (Form 1295)

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