2-01 Specifications.pdf

City of Dallas

Request For Competitive Sealed Proposals (RFCSP)

Project Title: Animal Shelter Software/Application

Buyer Solicitation Number: BCZ26 - 00028908 http://www.dallascitynews.net/

Scope of Work

I. Introduction, Purpose, and Intent

The City of Dallas (City) is seeking proposals from experienced and qualified firms to establish a five-year Indefinite Delivery/Indefinite Quantity (ID/IQ) service agreement for Animal Shelter

Software/Application.

An ID/IQ term agreement is established when the quantities of goods or services and/or delivery schedules cannot be determined. Animal Shelter Software /Application and related services will be ordered on an as-needed basis throughout the term of the agreement.

The selected contractor will be responsible for providing all necessary materials, labor, equipment, tools, and any required incidentals to fulfill the requested services. The Software/Application will support Dallas Animal Shelter and the ITS departments in efforts to support within the City.

Dallas Animal Services' (DAS) mission is to help Dallas be a safe, compassionate, and healthy place for people and animals. They work to control the loose animal population as well as increasing the positive outcomes for homeless animals in the city.

DAS seeks a software platform designed to assist the animal shelter with managing operations efficiently with an integration that provides a suite of tools to help with animal care, adoptions, shelter, field, and medical management.

Their work in the community supports their strategic pillars:

• Performance transparency

• Increasing positive outcomes for animals

• Community partnerships

• Education

This shelter management system helps with pertinent activities including:

• Shelter management

• Licensing

• Field operations

• Cashiering

• Veterinary record-keeping

DAS would like to centralize their information utilizing one system that is User-friendly, and performs software updates, web-based and app-based configurations should be identical, and effective integration should be provided for efficiency and productivity.

The purpose of this document is to define the requirements needed for DAS to implement new software to streamline operations along with integrating various tools for animal care, adoptions, shelter, field, and medical management and reduce manual and repetitive data entry on multiple platforms by integrating with Salesforce.

ll. 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 addressed 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.

II. Proposal Submittal Requirements

The City of Dallas has migrated to a new electronic solicitation portal effective March 1, 2019.

Please click on this link https://dallascityhall.bonfirehub.com/login in order to register on this new portal. This registration will ensure you continue to receive notifications of business opportunities with the City and to allow you to submit electronic responses.

To be considered responsive, solicitation response must be submitted electronically by the due date and time indicated in the solicitation. All proposals shall be submitted https://dallascityhall.bonfirehub.com/login Any proposals received after the due date and time will be considered late and non-responsive.

The City reserves the right to reject any and/or all proposals or waive irregularities. No modifications or addenda will be accepted after the proposal submission date and time unless requested by the City.

Vendor Proposer should include Resume with 4 references with 3 to 5 years of experience transmittal letter.

III. Scope of Work – Also see Functional Requirements page

Defined requirements for the new application, hosting and support, digital content strategy, and user optimization services for an application that will allow portal customer engagement of animal shelter services and shelter staff services for animal adoption, lost pet reclaim, owner surrender, volunteerism, and fostering. Also, enhance functionalities from the current system.

A. The Shelter Management System must securely provide user/pet application data to

DAS/City of Dallas upon request.

B. The Shelter Managemtn System must provide Adoptions, Fostering and Volunteer..

C. DAS requires that the Shelter Management System should be a cloud-based application.

D. The Shelter Managmenet System must be accessible for use on Andriod and Ios.

E. The Shelter Management System pet adoption applcation, English and Spanish versions, must accommodate all levels of customer technical skill to complete the online pet adoption application.

F. The DAS application must allow designated DAS users to post add/edit pet content.

https://dallascityhall.bonfirehub.com/login

G. Installation, configuration, and testing of Software that meets City Standards.

H. The system must have the ability to allow administrators to edit content and make updates as needed.

I. The system must allow DAS to easily add and manage all their animals, including add/edit content from back end.

J. PCI Compliance – The system must setup two factor authentication (2FA) process OKTA

K. AI Capabilities – Chatbot

L. Generate Reporting of animals and Dashboards Display

M. Integrate with other Systems like Salesforce, AMS, etc.

N. Backup and Disaster Recovering – Cloud-Based Solutions for backing up and recovering data.

Delivery Requirements

1. The City will generate unique delivery orders (DO), which is a purchase order equivalent, for each order processed under the agreement. The City will submit each DO to the vendor electronically for processing, authorizing the vendor to proceed with the order. Award vendor(s) will be responsible for providing the City with a company monitored email address that all orders will be sent to. Alternatively, award vendor(s) can provide at no additional cost to the City, online access to the vendor’s hosted and managed e-commerce portal to allow the City to submit electronic orders online in lieu of using email.

IV. Communication

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Written correspondence from the City of Dallas shall be answered within one (1) business day. The awarded Contractor shall have a company employee (not an answering service or answering machine) answer the phone during normal business hours or provide either a cell phone number. Phone messages shall be returned within same day of call. Emails from the

City must be responded to within 1 business day of receipt.

V. Commencement Date

The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the Contract.

VI. Award Method

The City’s intent is to award this solicitation by line or group but 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.

VII. Location and Invoicing

The City shall pay invoices in 30 days. 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 or delivery of the goods and services 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:

• Unique vendor issued invoice number

• Invoice creation date

• 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

• City delivery or purchase order number

• Detailed description of each service

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

• Milestone acceptance statements with vendor and City countersignatures (if applicable)

• 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 email or physical address will delay payment.

Vendors who fail to follow this procedure risk having the contract with the City cancelled.

All invoices and required supporting documentation shall be sent electronically to the Information and Technology Services department to our central mailbox at CISFinanceTeam@dallas.gov. In the event the vendor is unable to provide electronic invoices with supporting documentation, invoices can be physically mailed to the department business headquarters at City of Dallas, Information and Technology Services, Attention: ITS Finance Team, 1500 Marilla St, Room 4DS, Dallas, TX, 75201.

mailto:CISFinanceTeam@dallas.gov

VIII. Ownership

The City has provided as exhibits to this RFCSP our current requirements for information technology business continuity and disaster recovery, change management release and deployment, maintenance and support contract service level agreement and security requirements

(data protection). The City reserves the right to use all listed software so long as the City is in good standing with the manufacture for the right and use of their software. All City data generated, collected and/or stored within any software used under this RFCSP is the sole property of the City.

The rights to use, distribute or share any City data must be approved in writing by the City prior to use by the manufacture or the authorized distributor/reseller. Any custom built on-premises software products produced through this contract becomes the property of the City to use as its own property without restriction so long as that use does not violate the software manufacturers software license and use agreement.

IX. Total Cost of Goods and/or Services

All costs associated with this contract should be inclusive of all the fees to deliver the software and related services by the proposer including any travel, delivery, provisioning, or processing fees required and incurred from the manufacture. Separate travel fees including lodging, incidentals and meals are not allowed.

X. Evaluation Criterion

A comprehensive, fair, and impartial evaluation will be made of all proposals received in response to this RFCSP. Each proposal received will be analyzed to determine overall qualifications under the RFCSP. An Evaluation Committee comprised of City staff and advisors will determine the responsiveness and acceptability of each proposal and recommend an award be made to the firm whose proposal is determined to be in the best interest of the City of Dallas. Final selection will be approved by the City Council

1. Experience – (Maximum 30 points)

The proposed agency should have been in the business of providing a SaaS (Software

-as-a-Service) supported application platform designed to assist the animal shelter with managing operational care for a minimum of 3 to 5 years. Examples of cloud solutions include file-sharing services like Dropbox, CRM software like Salesforce, and the cloud platforms by a major provider like Amazon Web Services (AWS) and

Microsoft Azure. Proposals should include a letter of demonstrated experience in the field of providing shelter management services which should be supported by verifiable references.

2. Approach – (Maximum 30 points)

Proposers should demonstrate the ability to respond promptly and professionally to urgent application support needs occurring inside and/or outside of the shelter’s standard operating hours, like application outage SLA’s Detailed plan for delivering the required services, including response times and availability, communication procedures with shelter staff, facility location(s) and resources, and any limitations or exclusions and a Backup and Disaster recovery Plan. Proposals should include a plan to transition the service from the current agency to minimize service disruption.

3. Cost and Timeframe – (Maximum 20 points)

Provide costs for all goods and/or services outlined in the bid tabulation. Pricing shall be firm for the entire contract unless otherwise stated herein.

4. Local Preference Program- (Maximum 10 points)

a) The City of Dallas aims to maximize economic return in the procurement of goods and services with the Local Preference Program. The City’s Local

Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents. 5 points will be awarded to those Suppliers that qualify for the local

Preference points on a pass/fail basis.

b) The information shall be submitted in the proposal. To receive the points a supplier must satisfy one of the following:

• Proof of principal place of business located in the City of Dallas, OR

• Proof of local workforce composition including:

• At least 100 full time employees who are Dallas residents: OR

• At least 20% of its total full-time employees are Dallas residents; OR

• If available, participation in Workforce Development Program

Technical and Functional Capabilities (Maximum 10 points)

The Management System must be accessible for use on Android and IOS.

The system must set up Two Factor Authentication (2FA) OKTA.

The system must force periodic password changes.

Track inventory and allow and manage electronic signatures for signing off on.

XI. Performance Measures and Contract Management

The City intends to monitor the effectiveness of the contract and measure vendor performance in accordance with our internal policies and procedures. The City requires vendors to meet all obligations as outlined in the written contract for software and services to the best of their ability with a high emphasis on:

• On-time delivery of software and services

• Successful completion of all works to the acceptance and satisfaction of the City

• Accurate and timely submission of vendor invoices

• Effective delivery of services that meets contract requirements and industry standards

• Quality vendor customer service in resolution of issues or response to inquiries

• Ensuring deadlines are met

The award vendor(s) will be responsible for providing quarterly (for larger scale software products) or annual reports outlining their performance under the contract. Performance reports should include but may not be limited:

• Summary of orders received during the performance period with values by product

• Summary of orders received over the term of the contract with values by product

• Status of all open / unfilled orders with estimated delivery dates

• Recap of all open disputes, issues and/or incidents (regardless of date submitted) and any incidents closed during the performance period with status, outcome if resolved and root cause analysis (if applicable)

XII. Special Requirements

There are certain software products in use by the City that are governed by Criminal Justice

Information Services (CJIS), Payment Card Industry (PCI) Compliance, and/or Health Insurance

Portability and Accountability Act (HIPAA) policies and requirements. The City will provide award vendor(s) for those software products impacted by these standards with the necessary City requirements for the application policy to fulfill any orders identified where these requirements are needed. Additionally, during the term of the agreement, if other special requirements are necessary to be enforced for an individual order or for the contract in its entirety, the City will notify the vendor in writing of the requirements change and give the vendor a specified timeframe by which they can work to incorporate these special requirements going forward.

XIII. Exhibits

Attachment

• Sample Insurance Requirements Attachment 01

• City of Dallas Business Continuity and Disaster Requirement Plan

• City of Dallas Change Management Release and Deployment Standards

• City of Dallas Security Requirements (Data Protection Clause)

XIV. XV. Appendices

• Appendix A – Functional , Non- Functional and Control requirements plus current Process

Flows

• Appendix B - Technology Reference Architecture (TRA)

• Appendix C - Enterprise Security Framework and Standards

• Appendix D – Data Management Strategy

• Appendix E - Enterprise Standards for Information Systems and Infrastructure

• Appendix F - Enterprise Standards for Business Applications and Internet of Things (IoT)

• Appendix G - Enterprise Geographical Information Systems (GIS)

• Appendix H - Web Accessibility and Development

• Appendix I – ITIL® Process and Project Management Standard

• Appendix J – Business Continuity/Disaster Recovery Plan

• Appendix K - Audit/Compliance Requirement

• Appendix L – Service Level Agreement SLA

• Appendix M - Requirements for AI Systems

XV. Audit Requirements

The City reserves the right to audit any aspect or work product relating to the contract with thirty

(30) days’ notices. The vendor has the right to identify and request approval for the exclusion from audit any aspects of the product that is considered proprietary, confidential and/or an industry secret which could potentially harm or have an adverse or negative impact to the vendors business is exposed.

XVI. Service Completion Schedule

Award vendor(s) will be responsible for providing appropriate technical design, architecture, and security documentation for software products upon either the delivery or implementation of the solution. Additionally, vendor will be responsible for providing applicable licensing keys and documents showing the City’s authorization from the manufacture for to use the software.

Separately, additional documentation may be required on a specific order as identified by the City and shall be outlined in the vendor quote and/or SOW documents.

XVII. Transition

The award vendor(s) must begin preparation for the transition immediately after the contract is executed. This includes the transition of all software licensing and services from the incumbent contracted vendor to the award vendor(s). The date of transition will be different for each software manufacturer and product based on the current software use renewal or anniversary date.

Termination dates for all existing software will be provided to the awarded vendor(s) immediately after the execution of the vendor contract. All rights and licensing associated with existing software in use by the City will revert and transfer to the award vendor(s) upon these anniversary dates. The City reserves the right to coordinate with the awarded vendor(s) to co-term similar products to a single anniversary date during the term of the agreement upon agreement between all parties (City, manufacturer, and vendor).

All proposers are required to be authorized by the software manufacture to assume the rights to distribute and resell the City’s existing software without penalty or additional service fees to transition the software to the award vendor(s).

XVIII. Closeout Procedures and Requirements

All parties have a responsibility to fulfill and/or complete their contractual obligation and the work described in the contract on time and in compliance with the terms of the contract. The City will conduct several closeout meetings to determine the disposition, status, and the transfer of any documents and/or work product that needs to be delivered to the City or to the vendor, the release of any bonding, acceptance and closure of any projects, release of final payment, etc.

All data generated, collected and/or stored is the sole property of the City and should be returned to the City is an acceptable and readable format upon termination of the of use of a specific software product during the term of the agreement. Acceptable formats include but are not limited to CSV, HTML, comma delimited, XML, Excel or other format agreed to between all parties (City, manufacturer, and vendor). City data should be returned under the termination of use provisions at no additional cost to the City and via method transfer method that is deemed secure and protected.

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

4. Living Wage Affidavit (OPS-3)

5. Sample Contract with markups

6. Any other City documents as required

XIX. Opening of Proposals

The City will open proposals during the bid reading. Proposer names will be publicly read at the bid reading which takes 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.

XX. 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 RFCSP. Vendor Presentations are anticipated to take place on March 27th.

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.

XXI. 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.

XXII. Insurance

1. 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.

XXIII. Insurance Requirements

The successful bidder(s) shall procure and keep in full force and effect for the duration of the contract liability insurance that complies with all applicable Federal, State and local laws. The successful bidder(s) will provide a certificate of insurance evidencing proof of Automobile

Liability and Workers’ Compensation insurance coverages. The City of Dallas will be provided a

Waiver of Subrogation and will be shown as the certificate holder.

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 RFCSP.

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 RFCSP closing.

XXV. Rejection or Acceptance of Proposals

1. This RFCSP 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 RFCSP.

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 https://dallascityhall.bonfirehub.com/login

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) 11HAPTER

XXII.1

XXXVI. Indemnity

The selected Proposer agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected

Proposer’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected Proposer, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected Proposer and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XXXVII. Wage Floor Rate Requirement

1. On November 10, 2015, the Dallas City Council passed Resolution 15-2141 which requires prime contractors, awarded general service contracts valued greater than $50,000, and first-tier subcontractors on the contract to pay their employees rendering services on the contract a wage floor of not less than $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. Contractor’s bidding/proposing on general service contracts shall take into consideration such wage floor requirements in their bid/proposal. The wage floor requirement for the City of Dallas’ general service contracts shall be derived from the most current Massachusetts Institute of Technology Living Wage publication and shall remain fixed for the term of the respective contract. The City reserves the right to audit such contracts for compliance with the wage floor requirement as mandated by Resolution 15-2141. This requirement does not apply to construction contracts in which prevailing wage of employees is governed by the Davis-Bacon Act as defined in the Texas Local Government Code 2258, purchase of goods, procurements made with grant funds or procurements made through cooperative and/or inter-local agreements.

3. The purpose of this policy is to promote an acceptable wage floor for working families in the

City of Dallas, increase the level of service delivered to the City through specific contracts and reduce turnover in such contracts thus maintaining a continuous and consistent level of service for vested parties.

4. The City Manager shall use the following definitions to administer the benefactors of the

“wage floor” for purposes of the referenced resolution:

• "City" means the City of Dallas, Texas.

• "General Services Contract" means any agreement between the City and any other

Person or business to provide general services through an awarded City contract valued greater than $50,000. A General Services Contract for purposes of the Resolution does not include (i) a contract between the City and another governmental entity or public utility, (ii) a contract subject to federal or state laws or regulations that would preclude the application of the application of the wage floor, (iii) or a contract with all services under the contract performed outside of the City of Dallas.

• "Subcontractor" means any Person or business that has entered into its own contract with a prime contractor to perform services, in whole or in part, as a result of an awarded City general

• "Employee" means any person who performs work on a full-time, part-time, temporary, or seasonal basis, including employees, temporary workers, contracted workers, contingent workers, and persons made available to work through services of a temporary services, staffing or employment agency or similar entity.

XXXVIII. Wage Floor Reporting Requirements

Contractors awarded City general services contracts as described in the wage floor rate requirement section of this specification shall be required to provide the buyer the residential zip code and respective number of employees directly impacted by the wage floor requirement ten days after Council approval and on January 1st. but not later than January 31st. for the term of the contract. The Contractor shall submit the report to the contract administrator during the established period.

XXXIX. Wage Floor Compliance Requirements

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be 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.

XL. Selection Process

The internal team will evaluate all proposals received in response to this RFCSP. After reviewing the proposal submissions, consultants may be selected for in-person interviews/oral presentations.

From those presentations and possible interviews, the proposals will be re-evaluated, and final determination will be made.

The City of Dallas will pursue negotiations with the top ranked respondent with the goal of entering into a contract.

XLI. Development Costs

Neither City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFCSP. 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 RFCSP.

XLII. Contract Award

Upon selection of a successful Proposer, the City and the Proposer will negotiate a final contract, based on the terms outlined in this RFCSP. 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.

XLIII. Certificate of Interested Parties (Form 1295)

All vendors recommended by City staff for a contract pursuant to this RFCSP will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete Form

1295-Certificate of Interested Parties- for every contract for which they’re recommended. Vendor will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm , and submit a copy to the buyer before the contract information will be sent to the City Attorney’s

Office to draft the contract. Once the terms of the contract are fully negotiated; the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form

1295 is on file at the Texas Ethics Commission website with a copy provided to the buyer; the staff recommendation will be placed on a City Council agenda to award the contract.

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