18-01 Specifications.pdf

City of Dallas

Request For Proposals (RFP) Project Title: Home Improvement & Preservation Program

(HIPP) Non-Federally funded Buyer Solicitation Number: BCZ26-00029595

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas (City) is soliciting proposals to establish a two-year service contract with two

(2) two-year renewal options from qualified applicants to administer and implement the Home Improvement and Preservation Program (HIPP).

Qualifying proposers are Texas-registered businesses or entities authorized to work in Texas to serve as the turnkey program administrator with the Office of Housing and Community Empowerment (OHCE) for all aspects of program administration and implementation, including providing a budget that details direct service delivery and administrative costs to administer the programs.

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 total of up to $3,900,000.00 in non-federal funds are available for direct homeowner-occupied assistance for home repairs. Proposer should be capable of serving at least 145 units. Proposals should include a breakdown of expenses to administer the program in addition to the program funds.

Applicants must provide satisfactory evidence and documented history of their ability to manage and coordinate the administrative functions listed in this solicitation. The successful applicant shall have experience working with special population(s) intended for delivery of services.

Prepare a concise but thorough proposal that demonstrates the ability to deliver administration of the Programs as listed above. Please be sure to highlight your experience through your proposal that includes your staff/consultants, budgets, policy and procedures, income qualification, environmental reports, title searches and reports, loan closing, program qualification, assessing repair needs, securing subcontractors and managing a reimbursable grant. Provide a list of contractors, subcontractors and consultants that will assist with the work.

All submissions shall include the program name, applicant name, legal registration, address, telephone number, and designated contact person. Proposal shall be typewritten and single-spaced, font style shall be in Arial, size 12 for normal text, and no less than size 10 for tables, graphs, and appendices. Please be thorough but concise.

Proposals shall contain a "Table of Contents" with appropriate page numbers for locating the required information and attachments. Applicants shall submit Proposals sequentially page-numbered and include the Applicant’s name at the top of each page.

Proposals shall be prepared in accordance with these instructions. The Proposal package shall include the following information and documents, preferably, in the following order.

Ideally, the submission will be one PDF with table of contents, but if the file is too large, each document may be a PDF file and named according to the identified convention indicated below.

Section 1: Work Plan and Budget Provide a narrative description of the Work Plan proposed. Include details regarding budget, expenditure plan, timelines for startup, completion of construction, applicants estimated to be served by month, total units to be rehabilitated and contractor relationships. Detail how you will secure construction contractors when needed. Explain your ability to handle a reimbursable contract.

The budget needs to be in chart form with line item expenses, corresponding amounts and total by repair funds and administration funds.

Section 2: Experience and References Provide experience and references for the Programs in this solicitation. Include board of directors and articles of incorporation. Describe any participation with the City on past or present contracts. Discuss the performance and outcome measures for those past contracts. Provide information on how the goals were met or not met.

Section 3: Applicant Positions and Staffing

Provide the general structure in terms of hierarchy. If there are multiple offices in different locations, the chart for the office delivering the services should be provided.

List staff names, titles and identify those that will work on this contract.

Section 4: Job Descriptions

Provide resumes of staff members who will carry out the operations of the Programs, including both service staff and administrative staff supporting the Programs. Describe how staff are uniquely qualified to provide the services. If staff positions need to be filled, explain when and how they will be filled. State whether any state and/or local licenses or permits are required for project staff and/or the agency to operate.

Section 5: Financial Capacity Provide documented evidence of fiscal stability, liquidity, and ability to manage project costs. Financial capacity refers to whether an organization has sufficient liquidity and cash flow to operate effectively under reimbursement-based funding. This includes:

The ability to front costs for program operations and services (e.g., administrative expenses, contractor payments for home repairs) Access to liquid funds or working capital to cover ongoing monthly expenses The ability to sustain operations during the lag between incurring costs and receiving reimbursement (often 30+ days) Sound financial management practices to ensure timely invoices and cash flow stability.

IV. Scope of Work

The table below lists the relationship between program administration and the party responsible.

There is further explanation of each step after the table.

Program Administration Responsible Party Marketing the Programs City & Applicant Application Intake Applicant Eligibility Review – income and home eligibility Applicant Title Search Applicant Scope of Work Applicant Environmental Review City Bidding (if needed) Applicant Contract Execution Applicant OHCE Inspection of Work City Completion of Repairs Applicant Reimbursement of Costs City The City will implement partial administrative functions of the Programs.

This includes:

Marketing the Programs: The City will do this in conjunction with the Applicant.

Conducting inspections: The City will conduct inspections of properties where repairs are scheduled to begin, underway and/or completed.

Reimbursement costs: The City will make reimbursement payments to the Applicant for work completed.

Environmental Review: The City will…

Training on the program: The City will train on how to do a part 5 income determination, monitoring the programmatic and financial components of the Program and troubleshooting as needed.

The Applicant’s administrative functions of the Programs under its grant obligations are to manage, implement, and undertake the eligibility through repair/construction functions of the program.

This includes:

Marketing the Programs: The subrecipient will conduct sufficient advertisement of the

Programs and other forms of outreach to ensure that enough eligible applicants participate in the program to fully expend awarded funds.

Receive applications and conduct applicant and house eligibility review:

o Conduct an initial household interview and inspection o Conduct part 5 analysis and other eligibility review o Proof of homeownership o Title report showing clear title or outstanding liens on home

Develop Scope of Work (work write-ups): For each eligible unit to be assisted, a property inspection should take place that results in a detailed work write-up of the repairs to be performed. The scope of work shall contain information regarding materials to be used to ensure that the City’s rehabilitation standards and specifications (Appendix 5) are being met.

The write-up will be signed and dated by the homeowner along with photo documentation.

Develop Cost Estimate: The City or Applicant shall prepare an accurate internal cost estimate for each repair item and update the scope of work if needed from the Environmental Report.

Bidding: Each house should be bid, or a master contract should be procured for all construction activities.

Prepare Loan Contracts: Applicant will be responsible for preparing loan agreements with the contractor. Contracts must include, at minimum, the following elements:

o Scope of work that includes eligible repairs o 1-year warranty on work performed o Right of entry to perform work for subrecipient and any subcontractors o Acknowledgment of receipt of EPA Booklets (“Protect Your Family from Lead in

Your Home” and “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools”) o Client Satisfaction Survey for work performed o Loan terms o Promissory note o Deed restrictions o Deed of trust o Right to Cancel o Bid Memo o HCD Specification

Complete Repairs: Applicant will be responsible for performing the repairs listed in the Scope of Work and will be responsible for obtaining all permits and inspections required by the Building Inspection Department to complete the repairs. Upon completion of the repairs, the contractor shall provide the applicant with applicable material warranties in addition to 1-year warranty for all work performed.

Conducting Inspections: HCD Inspectors should be notified throughout construction to ensure all work is completed per the HCD Specs. HCD Inspectors will visit each site for compliance.

Submit Payment Requests: The Applicant will be responsible for submitting invoices for projects that have been fully completed. In addition, the owner’s acceptance of work, building permits and building inspector approvals, lien releases, photo evidence of completed work, and any other documentation that supports the work completed must be submitted with the payment request. The City will perform a final inspection of the house. If HCD inspectors determine that the work has been improperly completed, such as improper installation or work not performed in accordance with code, the subrecipient must correct the work prior to receiving payment.

Maintenance of Case Files: Applicant will be responsible for maintaining records of all projects completed. Records should include all project documentation, including but not limited to work write-ups, the agreement between the property owner and Applicant, permit documentation, inspection reports, change orders, and approved invoices for payment (with owner sign-off). Records must be kept for 7 years after completion.

Monthly Reports: Applicant will submit monthly reports to the City describing the number of projects completed, the number of projects under repair, and those in pre-repair status, along with project expenditure data and a form containing details for each household for Integrated Disbursement and Information System (IDIS) reporting. In addition, the subrecipient will provide the City with information regarding any obstacles encountered that prevent meeting established goals.

Applicant will perform or respond to warranty repairs, as necessary.

Applicant will perform any other activities pursuant to the award.

The flowchart below shows the general Major Systems Repair Program (MSRP) process.

V. Communication

Written correspondence from the City of Dallas shall be answered within twenty-four (24) hours.

The awarded contractor shall respond to phone calls and emails from the city within (4) hours of receipt, during regular business hours.

VI. Commencement Date

The City anticipates that services under this procurement should start by council approval.

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.

Awards will be funded on a cost reimbursement basis. Under the cost reimbursement method of funding, applicants are required to finance operations with their own working capital with reimbursements for actual, allowable, and allocable disbursements to be supported by source documentation. Proposer may identify an alternate funding method to prevent a slowdown in production caused by the reimbursement method.

VIII. Location and Invoicing

All services under this procurement will be to single family homeowners throughout the City of Dallas. City staff will continue to work through the pipeline of existing cases, until the vendor is selected. Once selected, the City will prepare and hand-off addresses that need to be completed by the vendor. Future addresses may be throughout the City and would be identified as additional applications are processed.

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 of goods or services (charges for all services covered by this contract are to be separately stated and explained) Total cost of goods/services Itemized information on addresses served Itemized information on staff expenses or administrative costs

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

Applicant will be responsible for maintaining records of all projects completed. Records should include all project documentation, including but not limited to work write-ups, the agreement between the property owner and Applicant, permit documentation, inspection reports, change orders, and approved invoices for payment (with owner sign-off). Records must be kept for 7 years after IDIS closeout of the project.

X. Total Cost of Goods and/or Services

Applicant will submit monthly reports to the City describing the number of projects completed, the number of projects under repair, and those in pre-repair status, along with project expenditure data and a form containing details for each household for IDIS reporting.

XI. Evaluation Criterion

Proposals will be scored based on the following criteria:

Items to be Scored Points Value Work Plan and Budget 30 Experience and References 30 DRIVE Policy 20 Financial Capacity 10 Staffing 10 Total 100

XII. Performance Measures and Contract Management A. The City of Dallas (“City”) will actively monitor contractor/subrecipient performance under this contract to ensure timely, high-quality delivery of services as outlined in this NOFA and the subsequent contract. The performance measures below will be used by the Office of Housing & Community Empowerment to document, evaluate, and manage delivery of program services.

Performance will be assessed on a regular basis (monthly and quarterly), with results informing contract compliance, payment approvals, required corrective actions, and overall contract management.

Subrecipient performance will be documented through routine performance reporting, review of deliverables, outcome tracking, and periodic performance evaluations conducted by City staff.

B. Performance Measures

1. Timeliness and Program Delivery The Subrecipient must complete required program activities within the timeframes established by the contract and applicable federal regulations.

On-Time Delivery / Milestone Completion:

The subrecipient must meet scheduled performance milestones, including but not limited to intake and eligibility determinations, work write-ups, bid solicitation, contractor selection, project commencement, and project completion.

Performance will be measured on a monthly and quarterly basis based on the scheduled milestones outlined in the approved program work plan.

Project Turnaround Time:

Time from client intake to completion of physical rehabilitation work must be tracked and reported. Delays must be documented, and corrective action plans must be submitted when performance falls behind agreed schedules.

2. Financial Management and Invoicing Accurate and timely invoicing is critical for compliance and contract administration.

Timeliness of Invoicing:

Invoices must be submitted on time according to the payment schedule outlined in the contract.

Late invoices may delay reimbursements and affect performance ratings.

Accuracy and Documentation:

Invoices must be accurate, properly itemized, and clearly tied to deliverables or work completed during the billing period. Supporting documentation must accompany each invoice (e.g., timesheets, receipts, vendor invoices, client files).

3. Quality of Goods and Services All program activities must meet or exceed standards required by the contract and City specifications.

Construction/Repair Quality:

Completed rehabilitation work must meet applicable building codes and the specifications agreed upon in work write-ups. Deficiencies identified in inspections must be corrected within the timeframe specified by City inspectors.

Compliance with Program Requirements:

All services and outputs must comply with the program guidelines, including income eligibility determinations, loan documentation, work write-ups, and environmental and lead-based paint requirements where applicable.

4. Customer Service and Responsiveness Subrecipient engagement with program participants and City staff must be professional, timely, and responsive.

Issue Resolution:

The Subrecipient must respond to City inquiries and participant communications promptly (typically within two business days unless otherwise stated). Subrecipient performance in addressing client concerns and resolving issues will be evaluated.

Participant Satisfaction:

The City may solicit participant feedback to assess the quality of communication, clarity of expectations, and overall satisfaction with contractor performance.

5. Adherence to Deadlines Subrecipient adherence to deadlines is essential for effective program implementation.

Deadline Compliance:

The City will track how often the contractor meets established deadlines for reporting, documentation submissions, project phases, and other key deliverables.

6. Reporting Requirements Regular reporting ensures transparency and accountability in program performance.

Monthly Reports:

The Subrecipient must submit the City’s required Monthly Report, including but not limited to the number of clients served, status of active projects, expenditures, delays, and performance issues.

Additional Reports:

The Subrecipient must submit additional reports or data as required by the Office of Housing & Community Empowerment or as specified in the contract (e.g., quarterly performance summaries, IDIS forms).

7. Performance Evaluation and Corrective Action The City will evaluate contractor performance using the measures above and documented deliverables. If performance deficiencies are identified, the City may require a Corrective Action Plan with specific timelines and measurable outcomes.

Continued failure to meet performance expectations may result in withholding payments, contract termination, or other remedies as permitted under the contract.

8. Documentation and Recordkeeping The Subrecipient must maintain complete, accurate records of all work performed, client files, invoices, reports, and other required documentation.

Records must be made available to City staff upon request and retained for the period required by federal regulations and/or City policy.

XIII. Special Requirements See Appendix 1: Disclaimers

XIV. Exhibits Exhibit 1: City of Dallas Office of Housing & Community Empowerment Budget Form Exhibit 2: Example Scope of Work (22-1755 - Grantworks, Inc. FINAL)

XV. Appendices Appendix 1: Disclaimers Appendix 2: Definitions and Glossary Appendix 3: HIPP Program Statements Appendix 4: Housing Inspection Services Division Rehabilitation/Reconstruction Standards and Specifications

XVI. Audit Requirements The City will require fiscal records, financial reports, and supporting documentation to verify program compliance and proper use of funds. These records must be made available for review or audit by authorized oversight bodies (HUD, City auditors, federal OIG, etc.).

The NOFA program is based on federal CDBG funds, so several 2 CFR Part 200 requirements may apply, including financial management, internal controls, documentation, and retention of records for audit purposes (typically 5 years after closeout). Where allowed, by funding source, Environmental Review Requests may not be required.

The contract will require City monitoring, record reviews, and submission of financial and compliance documentation periodically (e.g., monthly invoices, quarterly performance and expenditure reports). This supports City oversight and federal compliance.

The City of Dallas (as the CDBG grantee) must demonstrate proper stewardship of federal funds to HUD; therefore, records must be audit-ready at all times and available upon request.

XVII. Service Completion Schedule The selected Subrecipient shall complete all services and deliverables in accordance with the timelines, milestones, and deadlines established in this NOFA and the executed contract. The City will monitor adherence to required service delivery schedules, including intake, inspections, work write-ups, construction activities, and final completion. The Subrecipient must comply with any date and time restrictions established by the Office of Housing and Community Empowerment and promptly notify the City of any anticipated delays. At the time services are completed, the Subrecipient shall submit required documentation demonstrating compliance with contract requirements, including a service delivery or completion form confirming work performed, supporting documentation as applicable, and notification that work is ready for City inspection. Submission of required documentation will trigger the City’s inspection and acceptance process, and services will not be considered complete until approved by the City.

XVIII. Transition The Office of Housing and Community Empowerment will continue to operate the Home Improvement & Preservation Program until the selected Subrecipient is in place. The Subrecipient will take over cases at various stages once onboard. There will be up to a 60-day transition and standing-up period, to allow time to seamlessly transition cases.

XIX. Closeout Procedures and Requirements Upon completion of all contract services, the City will conduct a formal closeout process to verify that all contractual obligations have been fulfilled in a timely and compliant manner. The subrecipient shall participate in a closeout meeting, if requested by the City, to confirm project status, resolve outstanding items, and coordinate the transfer and acceptance of all required documentation, work products, records, and materials. Closeout activities may include verification of completed services, resolution of deficiencies, submission of final reports and documentation, release of bonding if applicable, final inspections, acceptance of work by the City, and processing of final payment. All closeout requirements will be consistent with the terms of the executed contract and applicable City and federal requirements.

XX. 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. BEH documents

7. Any other City documents as required

XXI. 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.

XXII. 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.

XXIII. 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.

XXIV. 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.

XXV. 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.

XXVI. 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.

XXVII. 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.

XXVIII. 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.

XXIX. 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

XXX. 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.

XXXI. 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.

XXXII. 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.

XXXIII. 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.

XXXIV. 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.

XXXV. 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.

XXXVI. 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)

XXXVII. Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

6.1.1 The SBE participation goal for this contract is “TBD”.

6.1.2 As a prerequisite for City Council award, the contractor must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent low bidder who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be “responsive” and/or “responsible.”

6.1.3 Assistance in preparing the DRIVE forms may be obtained by sending an email to businessenterprisehub@dallas.gov

XXXVIII. Equal Employment Opportunity/Nondiscrimination

The selected bidder shall not discriminate against any employee or applicant for employment because of race, age, color, national origin, religion, marital status, sex, sexual orientation, military or veteran status, political opinions or affiliations, genetic characteristics, or disability, consistent with applicable laws. The selected bidder shall prohibit discrimination regarding, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The selected bidder shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12301-12233, as amended. The selected bidder agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

11HAPTER XXII.1

XXXIX. 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.

XL. 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.

XLI. 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.

XLII. Wage Floor Compliance Requirements

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be considered responsive. The City may request that Contractors, at any time during the pre- or post-award process, demonstrate compliance with the wage floor requirement. Contractors not compliant with the wage floor requirement will be deemed non-responsive and will not be considered for 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.

XLIII. 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.

XLIV. 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.

XLV. 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.

XLVI. 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.