12-01-Scope of Work - Advancing Economic Empowerment for Survivors of Human Trafficking .pdf

Scope of Work

City of Dallas

Request For Proposals (RFP)

Project Title: Advancing Economic Empowerment for

Survivors of Human Trafficking

Buyer Solicitation Number: BEZ25-00028243 http://www.dallascitynews.net/

Request For Proposals (RFP)

Table of Contents I. Introduction, Purpose and Intent II. Pre-Proposal Meeting Schedule, Questions, and Inquiries III. Proposal Submittal Requirements

A. Eligible applicants B. Minimum Required Experience

IV. Scope of Work V. Communication VI. Commencement Date VII. Award Method VIII. Location and Invoicing IX. Ownership X. Total Cost of Goods and/or Services XI. Evaluation Criterion XII. Performance Measures and Contract Management XIII. Special Requirements

1. Submission Format

2. Application Evaluation

3. Application Selection

4. Terms and Conditions

XIV. Attachments and Exhibits Attachments

Attachment A – Application Form Attachment B - Organization Information Attachment C - Board Information Attachment D - Program Budget Worksheet

Exhibits Exhibit 1 - Scoring Summary Exhibit 2 - Activities Report

Exhibit 3 - Glossary of Terms………………………………………………………………14

XV. Audit Requirements XVI. Service Completion Schedule XVII. Transition XVIII. Closeout Procedures and Requirements XIX. Documents Submitted with Proposal or upon Request XX. Opening of Proposals XXI. Review of Proposals XXII. Proposal Pricing XXIII. Insurance Requirements XXIV. Discussion with Reasonably Qualified Proposals XXV. Rejection or Acceptance of Proposals XXVI. Late and Withdrawn Proposals

XXVII. Confidentiality XXVIII. Disqualification of Proposers XXIX. Permits Required by Law XXX. Records and Audit XXXI. Assignment of Contract XXXII. Default by Contractor XXXIII. Termination XXXIV. Miscellaneous XXXV. Conflict of Interest XXXVI. Indemnity XXXVII. Wage Floor Rate Requirement XXXVIII. Wage Floor Reporting Requirements XXXIX. Wage Floor Compliance Requirements XL. Selection Process XLI. Development Costs XLII. Contract Award XLIII. Certificate of Interested Parties (Form 1295)

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas (City) is soliciting proposals from 501c3 non-profit organizations focused on addressing human trafficking to economically empower survivors of this form of exploitation.

The City will utilize funding from the Office of Housing and Community Empowerment and allocate $100,000.00 to competitively award to several non-profit partners through the RFP process with implementation beginning about December 10, 2025. Through these awards, the

City’s goal is to address existing community-wide gaps in empowerment services, build capacity of frontline organizations to make a positive impact on the survivors they serve, and enhance two-way communication between the City and those served by its partners. These goals are informed by stakeholders input the City received when it held its Human Rights Workshop on

October 31, 2024. The City reserves the right to begin contract negotiation with one or more of the finalists. The successful proposer(s) shall be required to execute a recipient agreement prepared by the City. This RFP does not commit the City to award any contract, and the City reserves the right to reject any or all proposals or waive irregularities. The City encourages collaborative applications, however, there must be a lead applicant who will serve as the lead applicant and administer the funds and program on behalf of the City. The City may award one or more collaborative applications. A lead applicant shall provide information on all committed collaborators at the time of submission of the application; however, the lead applicant may add additional partners to the collaboration throughout the term of the contract if such an addition enhances the collaborative opportunity to disburse approved funding and serve vulnerable Dallas residents who are facing or identify as human trafficking victims.

In addition to submitting a comprehensive application, applicants must demonstrate their commitment to engaging with the identified target population. This engagement shall be purposeful and tailored to connect with communities based on their specific needs, employing approaches that are most likely to effectively address those needs. The organizations must be qualified and prepared to provide services, specifically in economic empowerment, to not only address the current need for such services in the existing direct services landscape, but also as a targeted strategy to foster the resiliency for survivors of human trafficking. This funding opportunity will be a service contract in a minimum amount of $40,000.00 and a maximum amount of $100,000.00 for one year or a maximum of eighteen months with no renewal option.

The City will consider a limited number of recipient requests that are below the $40,000.00 minimum if the applicant is serving a specialized target population that is otherwise unlikely to be effectively served by other applicants; however, the applicant must demonstrate in their application why they are uniquely positioned to serve that population. Award(s), if any, shall be given to the responsible Organization whose Application is determined to be the most advantageous to the City. The goal is to ensure funding is accessible to eligible organizations throughout the City with multiple awards under this RFP anticipated based on the availability of funds. Additionally, the City may provide additional funding to awarded recipients (if available) based on performance and expenditures.

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

A. Eligible applicants

Eligible applicants are Non-profit organizations with a 501(c)3 status or other status that may apply, to address the community need of building the capacity of the current anti-trafficking response to economically empower survivors of human trafficking who are also City residents.

Demonstrate a strong record of providing high-quality and trauma-informed supporting services to survivors of human trafficking.

Demonstrate that all professionals involved in providing services under the contract have the appropriate professional licenses (if applicable) and are in good standing professionally.

Be able to begin providing services described herein in a timely manner and be able to work together with relevant community collaborators to ensure that services can be initiated consistently with the program’s requirements.

B. Minimum Required Experience

A minimum of 12 months of relevant experience providing services to human trafficking survivors is required. Funding will be awarded based on an assessment of experience, qualifications, and the Work Plan provided by the Organization. This experience shall include working directly with the identified target populations outlined in the Glossary of Terms (Exhibit

3) Recipients will be required to complete and maintain certain documentation, such as client eligibility files, expense documentation, in addition to any other relevant documentation to verify services were provided, to whom they were provided, and how those participants were determined to be eligible. Recipients will be required to submit monthly progress reports with de-identified data by the third week of the following month that include clients served and progress made against program goals.

https://dallascityhall.bonfirehub.com/login

IV. Scope of Work

The scope of work for which the organizations must be qualified and prepared to provide include activities directly aligned with economic empowerment as a key strategy in supporting the resilience of survivors. A well-rounded economic empowerment practice includes direct services and intervention on the systems level, including, but not limited to, the below three main areas.

Within each area, and for the City to enhance two-way communication with agencies to understand the needs of those they serve, periodic surveys of agencies will be conducted to address barriers in accessing relevant City services (i.e, birth certificates needed for employment purposes, etc.). Recipients may choose to focus on one or more of the below areas, or a mix therein, keeping in mind this RFP’s ultimate goal is to foster economic empowerment with traditional social services being secondary to this goal. While numerous possible activities are outlined under each area, recipients may propose offering a select mix based on the needs of survivors they serve and their program design.

1. Support for Wrap-Around Social Services for Survivors on the Road to

Economic Empowerment

a. Wrap-around social services: This RFP recognizes for economic empowerment to be successful, ongoing-wrap-around social services must be provided on an ongoing basis, especially to address barriers they face to securing employment. The list below includes a range of activities that are eligible under this RFP with the understanding that survivors’ ultimate goal under this program is economic empowerment. Eligible activities to prepare survivors under this program for securing paid employment later in the program period include, but are not limited to these activities:

i. Emergency Shelter and Housing: Providing safe and stable housing is crucial for survivors to begin their recovery and access other services;

ii. Trauma-Informed Counseling and Therapy: Specialized mental health support is essential to address the psychological impact of trafficking and promote healing;

iii. Medical Care: Access to physical and mental healthcare is vital for addressing injuries, illnesses, and overall well-being;

iv. Legal Assistance: Guidance and support with legal processes, including obtaining legal status, accessing remedies, and navigating the justice system;

v. Food and Basic Necessities: Ensuring access to food, clothing, hygiene products, and other essential items.

b. Comprehensive Case Management: Support survivors to navigate the complexities of their recovery, including access to medical, behavioral health, legal (i.e., expungement), educational, vocational resources, securing identity documents (ID, birth certificate, etc.), and continuing education for GED and job readiness training, and scheduling and connecting with mental health counseling services.

2. Implementing Focused Economic Empowerment Strategies for Survivors to

Secure Paid Employment

a. Eligible Activities (Note: For activities involving money, no money shall be given to survivors directly and it should be paid directly by the agency to the provider).

i. Financial Advocacy and Literacy: Ongoing access to financial education and advocacy helping survivors manage their finances, build savings, and sign up for a checking account.

ii. Skills Assessments: Conduct skills assessments of survivors to identity interests, competencies, and areas of growth to inform job applications with particular industry sectors.

iii. Workforce Readiness: Help survivors prepare for the workforce through customized training on key competencies, navigating workplace cultures, soft skills, conflict resolution, communications, and etiquette.

• This includes reasonable costs for survivors to attend workforce-specific training led by a reputable third party.

iii. Access to a Phone and/or Internet: Ensure survivors have access to a phone and/or the internet to maintain communication with prospective employers and submit job applications. While the RFP allows for funds to bridge access to these resources, agencies shall develop a long-term plan to leverage already-established resources for survivors.

iv. Resume Development: Work with survivors to create and/or update their resumes for use in job applications.

v. Professional Headshots: Engage a photographer to take professional headshots for survivors to use as they seek employment.

vi. Innovative Approaches to Job Matching: Devise innovative ways of curating select employment opportunities for survivors to apply to that align with survivors’ skills and competencies.

vii. Interview Preparedness: Prepare survivors for in-person and/or virtual interviews through mock interviews with the goal of continual improvement.

viii. Transportation: Identify reasonably priced transportation options for survivors to attend in-person job fairs and/or interviews.

ix. Work Clothes: Ensure survivors have clothes needed for interviews, including professional padfolios, pens, etc.

• This includes, as a necessary part of in-person interviews, funds needed for haircuts and other necessary and reasonable costs related to a professional presentation.

x. Peer-to-Peer Learning: Create opportunities for survivors to be part of survivor-led communities to share their challenges and opportunities and learn from their peers who are part of the same program.

xi. Developing Corporate Partnerships: Devise innovative approaches to establish partnerships with businesses and create pathways for future employment of survivors.

3. Ensuring Survivors Maintain Employment through Ongoing Services and

Barrier Mitigation:

a. Economic empowerment for survivors does not often follow a linear progression, and survivors may face challenges acclimatizing to the workforce, especially as they navigate ongoing challenges related to their victimization (i.e., trauma reactions created by workplace interactions, etc.).

Because ongoing access to direct services, especially to address mental health challenges, helps survivors retain employment, this RFP also allows for activities to help survivors already employed maintain their jobs, including by providing for:

b. Ongoing Comprehensive Case Management: Support survivors navigate the complexities of their recovery, including ongoing social service support, as well as connecting with medical and mental health counseling services.

c. Daycare/Childcare: Work with survivors to leverage existing resources for survivors to secure daycare/childcare for their dependents while they work.

d. Leveraging Resources for Professional Development: Work with survivors already employed to develop a customized professional development plan for their future growth.

e. Leveraging Resources for Continuing Education: Work with survivors already employed to identify funding resources and apply for continuing education programs (i.e., certification programs, as well as those at the associate and/or bachelor’s-level) so they can acquire competencies key to their upward mobility in the workforce.

Trauma-Informed Care: All services, including economic empowerment programs, must be trauma-informed, acknowledging the impact of trauma on survivors and tailoring support accordingly. Applicants are requested to include proposed baseline outputs and intended outcomes within their proposal that are aligned with the amount of funds requested. These measurements may reflect both quantitative and qualitative indicators of successful economic empowerment for survivors of human trafficking. Indicators of well-rounded economic empowerment may include, but are not limited to:

• Number and percentage of participants completing GED, vocational or business training

• Number and percentage of participants starting/running a business

• Average monthly income of participants before and after participation

• Number and percentage of participants able to secure employment and a living wage, including for each position secured:

o Amount of hourly wages o If applicable, amount and type of fringe benefits o Number of months employed

• Number and percentage of participants accessing wrap-around services and counseling supporting their goal of empowerment.

• Number and percentage of participants with a savings and/or checking account

• Average monthly savings of participants before and after participation

• Reported confidence of participants in managing finances, before and after participation

• Number of new corporate partnerships secured during the program period to create job access for survivors

Applicants shall, as part of their application, detail how their program will integrate survivor-informed strategies and practices, including by intentionally incorporating survivors' experiences and perspectives throughout the planning, implementation, and evaluation of programs and policies. This approach prioritizes the unique expertise of survivors, acknowledging that they are the most qualified to share their experiences and offer insights into what works best for them.

V. Communication

During review of the RFP and preparation of Applications, applicants may discover certain errors, omissions or ambiguities. If so, or if in doubt, about the meaning of any part of this RFP, submit written questions to the designated procurement specialist. Questions will be accepted and responded to on a rolling basis while the RFP is posted. This is to give the City time to answer the questions and distribute written responses to all Applicants. All communications about this RFP shall be directed via Bonfire.

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.

NOTE: All Addenda and any additional applicable correspondence (general information, questions/responses) to this Application will be made available “exclusively” through the City of

Dallas solicitation website for viewing/retrieval at:

VI. Commencement Date

Services are expected to begin about December 10, 2025.

VII. Award Method

The City’s intent is to award this solicitation to multiple vendors, 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 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 this procedure risk having the contract with the City cancelled.

IX. Ownership

All creative concepts including Dallas specific logos, brands, scripts, storyboards, drawings, and/or design work (in native format), and all written information and other materials prepared for the execution of the project shall become the property of the City. Materials developed exclusively for the City may not be used in similar manner by any other municipality or other entity without express written consent from the City.

X. Total Cost of Goods and/or Services

Applicants may propose using City funds for a range of allowable program activities that support the provision of economic empowerment services as described in the Scope of Work. City funds are available to reimburse actual expenses only and may be contingent on meeting monthly performance milestones.

XI. Evaluation Criterion

Please consult this RFP’s Exhibits, which contain the Scoring Form that will be used by the panel of evaluators. Criteria include:

1. Experience (40 Points)

a) 5 points / Complete Application: Did the organization submit all required documents as requested?

b) 10 points / History of Services for Target Population: Based on the

Organizations History/Experience, does the organization demonstrate prior experience providing services and experience working with the population intended to be served? Does the organization demonstrate it has clear and appropriate processes in place to document and verify client eligibility?

c) 10 points / History of Program Management: Does the organization demonstrate prior experience in program development and management, including a track record sufficient to undertake and support the program services outlined and complete necessary reporting?

d) 10 points / Staffing: Does the Organization demonstrate it has the responsible staff (or are ready to hire) and leadership for administering the program with appropriate credentials to perform the program services outlined in the specifications? Does the work plan demonstrate its ability to initiate services promptly after contract award and effectively implement the activities outlined?

e) 5 points / Contract/Grant History: Does the organization demonstrate past performance success with City contracts or prior contracts/grants for related project services?

2. Approach (30 Points)

a) 10 points / Activities and Goals: Does the organization comprehensively describe its approach/work plan and clearly state deliverables that align with the scope of services outlined? Does the organization articulate how the program will meet the targeted population identified in the RFP utilizing effective outreach efforts? Does the program define a successful program?

b) 10 points / Collaboration: Does the organization describe how the program will incorporate community-based referrals? Does the program state clear outputs and outcomes (i.e., utilizing a logic model) to determine the impact of the program and number of cases intended to serve? Does the organization describe any secondary partners that the agency will include in the community affected by human trafficking? Note that as the applicant you would serve as the project lead and the primary point of contact. How will your program collaborate and engage with key community stakeholders to educate the community about the program to generate needed referrals?

c) 10 points / Evaluation Plan: Does the workplan include an evaluation plan to measure the success of clients served and services provided?

3. Project Budget, Cost, and Timeframe (30 Points Total)

a) 20 points / Comprehensive Budget: Does the organization’s budget plan support the program services outlined? Does each line of the budget have a description of the item and identify the exact corresponding amount for the item? Does the budget reflect and properly account for a 1-year contract term?

b) 10 points / Cash/In-Kind Match: Does the budget outline any in-kind resources or funds that will also be applied to the project as leveraged resources? Note:

There is no minimum amount of leveraged funding required for this opportunity.

XII. Performance Measures and Contract Management

The vendor(s) is/are expected to report on the metrics below. Proposed goals within each set of metrics, as part of the submission, will be evaluated considering the funds requested and approved. If there are novel features of the vendor’s proposal, custom measures may be proposed, but these should be in addition to the below standard reporting metrics.

Examples of performance measures that will be monitored:

• Monthly data report and invoice o Programmatic data includes, but is not limited to:

1. De-identified demographic data (i.e., gender, DOB, race, ethnicity, type of victimization, and zip code where they reside).

2. Metrics on pages 8-9 above specific to economic empowerment.

o Upon submission of a monthly invoice, accompanied by required documentation, the agency will be reimbursed under the Recipient agreement with Office of Housing and Community Empowerment funds and agrees to comply with all applicable city, state, federal laws including, but not limited to City regulations and all other federal regulations.

• Completed surveys to support two-way communication with the City and its services

• Regular and engaged attendance during planning meetings

• Comprehensive report upon completion of the contract that also highlights de-identified survivor narratives on the positive impact this RFP has made

• Audit report at the six-month mark into the program and at the end of the contract

XIII. Special Requirements

Applications shall be prepared in accordance with these instructions. The application package shall include all the required information and documents, preferably, in the order of the evaluation criterion. Evaluations will be scored by a panel of evaluators in accordance with the provided scoring summary worksheet.

1. Submission Format

Please use the following format for submission of the Application (Use Application Template-

Attachment A).

a. All submissions shall include the program name, organization name, address, telephone number, and designated contact person.

b. Narrative shall be typewritten, double-spaced, using Arial with 1” margins.

c. Applications shall contain a "Table of Contents" with appropriate page numbers for locating the required information and attachments or the Applicant can complete and submit the attached

Application form.

2. Application Evaluation

Each Application will be reviewed using the Scoring Summary (Exhibit 5) to determine the

Application. An application may be declared non-responsive if any of the items are not received.

If more than one Application is responsive, the committee will evaluate each Application according to the attached Scoring Summary sheet (Exhibit 5). The City will begin accepting application documents via Bonfire as soon as the RFP is posted and available. The City will begin reviewing all complete and submitted applications once the RFP submission period has closed.

3. Application Selection

The Department may determine whether oral presentations, demonstrations, and site visits may be needed before making a final decision. Award, if any, shall be given to the responsible

Organization(s) whose Application(s) is(are) determined to be the most advantageous to the City.

The contract award is subject to approval and funding by the City Council. The City reserves the right to begin contract negotiation with one or more of the finalists. The Organization shall be required to sign a contract prepared by the City. This RFP does not commit the City to award any contract, and the City reserves the right to reject all applications or waive irregularities.

4. Terms and Conditions

Acceptance of Evaluation Methodology

By submitting an application in response to this RFP, respondent accepts the evaluation process as outlined and acknowledges and accepts the determination of the most qualified firm(s) offering the most advantageous response to the City.

Reimbursement

Recipients will be asked to submit a monthly report (Exhibit 6) of program activities and documented expenditures for reimbursement. Only the expenditures listed in the report will be accepted.

XIV. Exhibits and Attachments

Applicants will be asked to provide the list of attachments and exhibits below:

Attachments

Attachment A - Application Form

Attachment B - Organization Information

Attachment C - Board Information

Attachment D - Program Budget Worksheet

Exhibits

Exhibit 1 - Scoring Summary

Exhibit 2 - Activities Report

Exhibit 3 - Glossary of Terms

XV. Audit Requirements

Single Audit

If the applicant has expended $750,000.00 or more in the past fiscal year, a copy of the

Applicant’s Single Audit shall be provided as required by 2 CFR Part 200, “Uniform

Administrative Requirements, Cost Principles, and Audit Requirements for Federal Rewards.”

Audited Financial Statements

If an organization does not expend $750,000.00 or more in federal funds, audited financial statements are required but not subjected to the 2 CFR Part 200, Subpart – Audit Requirements.

Audited financial statements shall be examined by an independent certified public accountant

(CPA) in order to issue an opinion (unqualified, qualified, adverse, or disclaimer) regarding adherence to generally accepted accounting principles (GAAP). This is an external financial audit conducted in accordance with the American Institute of Certified Public Accountants

(AICPA) standards by someone not directly connected with the organization.

Audited financial statements shall include the following six components prepared in accordance with 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

XVI. Service Completion Schedule

The selected Organizations will be required to execute recipient agreements. The agreement will begin on or after the execution of award and terminate on December 31, 2026. Funding shall become available after the execution of the agreement and distributed on a reimbursement basis.

The recipient 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 Council. The City will require the recipient to sign the necessary documents prepared by the City prior to program implementation. All funding must be expended by December 31, 2026, and only funding expended by this date will be reimbursed by the City. No work shall commence until the recipient agreement is executed. No agreement is binding until it has been approved as to form by the City Manager and executed by the City Attorney.

XVII. Transition

The City has the right to retain planning and implementation materials and reports associated with this contract to assist with transition to future vendors.

XVIII. Closeout Procedures and Requirements

The Office of Housing and Community Empowerment will collaborate with the vendor to complete the following steps at the end of the contract year:

• Final invoicing

• Annual report including data upon completion of the contract

• Final Audit

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. Living Wage Affidavit (OPS-3)

5. Sample Contract with markups

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

7. 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. Proposers will be notified by the buyer 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 1 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.

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).

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 $22.05 per hour.

2. Pursuant to Resolution 15-2141 the wage floor requirement for all general service contracts greater than $50,000 shall be effective immediately on all new contracts awarded after

November 10, 2015. 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…