2-01 - Specifications.pdf

City of Dallas

Request for Qualifications

(RFQ)

Project Title: Comprehensive Medical Review and Personal Injury Analysis Services

Buyer Solicitation Number: BDZ26-00029387 http://www.dallascitynews.net/

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas (hereafter referred to as the “City”) is soliciting submittals in response to this

Request for Qualifications (“RFQ”) from firms or entities with qualified professionals, including physicians, nurses, certified medical coders, and engineers with expertise in biomechanics or causation analysis (“firm” or, collectively, “firms”), to provide 5- years comprehensive medical review and personal injury analysis services. These services include medical peer review, billing audit evaluations, causation analysis, and biomechanical reconstruction, including related consulting services, on an as-needed basis. The work will support the evaluation of personal injury claims arising from motor vehicle accidents, premises liability, constitutional torts, and other state or federal tort-related incidents.

Core services will include advising the City Attorney’s Office and the Office of Risk

Management on the accuracy, legitimacy, and appropriateness of medical treatment and related billing practices. This includes expert peer review of medical records and billing documentation to evaluate the reasonableness and necessity of care. Additional services may include causation analysis and biomechanical reconstruction, provided on an as-needed basis, to assess injury mechanisms and contributing factors.

Based on the responses to this RFQ, the Dallas City Council (“City Council”) may, upon the City

Manager’s recommendation, award one or more ID/IQ contracts for the comprehensive medical review and personal injury analysis services. An ID/IQ agreement is established when quantities of goods or services and/or delivery schedules cannot be determined. Services under this agreement will be ordered as needed for the duration of the contract.

The City retains sole discretion over the number of contracts awarded under this RFQ, including whether to engage one or multiple firms to perform the services described in the Required

Services section.

The Required Services section of this RFQ outlines the scope of work and qualifications for medical review and personal injury analysis services. It also details the evaluation criteria and required response format. The City will review all submissions and may award one or more contracts based on the criteria in the Evaluation Criteria section.

The City reserves the right to: (1) negotiate and award one or more contracts resulting from this

RFQ; (2) decline to award any contract; (3) extend the RFQ due date; (4) amend the RFQ; (5) cancel the RFQ; and (6) waive minor technicalities. The cost of preparing a response is solely the responsibility of the firm, and the City shall not be liable for any related expenses. The City also reserves the right to negotiate, or decline to negotiate, City-required contract terms with any selected firm or firms.

II. Qualification & Proposal Meeting Schedule, Questions, and Inquiries

During the solicitation process Respondents are required to limit their communication regarding this project to the Buyer referenced herein. A qualifications and preproposal meeting will be held by the City whereby the Respondents will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The qualifications and preproposal meeting will be the only time when Respondents and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address to the assigned Buyer.

Respondents 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. Qualifications and Proposal Submittal Requirements

Each submittal must include the following components:

1. Transmittal Letter (Executive Summary) signed by an authorized representative.

The letter must:

a. Be no more than two (2) pages on firm letterhead and include the firm’s name, address, and telephone number.

b. Identify the service(s) being proposed.

c. State that the submittal remains valid for a minimum of 150 days.

d. Designate the primary contact for all RFQ correspondence.

e. List any additional authorized representative.

f. Include the original signature of the partner, principal, or officer authorized to bind the firm.

2. Table of Contents that includes page numbers corresponding to each section and attachment.

3. Format and reference requirements:

a. All submittals must be typed.

b. Include all required contents as outlined in Section IV: Scope of Work.

The following is a list of required information to be provided by the Respondent in support of the comprehensive medical review and personal injury analysis services sought under this RFQ.

https://dallascityhall.bonfirehub.com/login

Submittals that do not include all required information may be deemed non-responsive and subject to rejection.

1. Management and Qualifications

a. Describe the medical review and personal injury analysis services your firm is capable of providing the City Attorney’s Office and the Office of Risk Management. Indicate whether your firm can provide all services outlined in the RFQ Scope of Services. If any services cannot be provided directly, explain how your firm would fulfill those requirements (e.g., through subcontracting, partnerships, or other arrangements). The

City welcomes proposals from firms with comprehensive in-house capabilities as well as those that leverage qualified external resources to meet service needs.

2. Identify the professionals who would be assigned to the City’s account, including, but not limited to, physicians, nurses, certified medical coders, billing auditors, life care planners, rehabilitation specialists, and engineers or forensic consultants with expertise in biomechanics or causation analysis.

a. For each individual:

i. Describe their area of specialization.

ii. The specific services they are expected to provide.

iii. The anticipated availability to perform services on an as-needed basis.

iv. Provide resumes or CVs for each proposed professional.

b. Additionally, identify the firm manager who will serve as the primary point of contact for the City and be responsible for coordinating service requests and assigning personnel. For this manager, provide three (3) client references from engagements similar in scope to the services described in this RFQ.

3. Describe your firm’s experience relevant to the Scope of Services outlined in this RFQ.

Include a brief summary of notable cases, expert testimony, billing audits, or other engagements that best demonstrate your firm’s expertise and capabilities. This should include, but is not limited to, specific experience in the following service areas:

a. Experience working with municipalities or public entities comparable in size and complexity to the City of Dallas, particularly in the evaluation and litigation of personal injury claims involving medical treatment and billing. This may include support for city attorneys, risk management departments, or insurance defense teams in matters such as motor vehicle accidents, premises liability, constitutional torts, and other tort-related incidents. Describe the types of claims handled and the scope of services provided (e.g., medical peer review, billing audits, expert testimony). Include any outcomes or lessons learned that demonstrate your firm’s capacity to support a large, diverse municipal client.

b. Geographic distribution of professionals across the United States, including access to a wide range of medical specialties and technical experts (e.g., engineers or forensic consultants with expertise in biomechanics or causation analysis) to support the City’s diverse review needs.

c. Notable cases handled as medical peer review and billing audit experts within the past five (5) years, including the date of the trial, type of claims involved, name of expert witness, and the case outcome.

d. Your firm’s approach to medical peer review and billing audit assignments, including methodology, quality control measures, and responsiveness to service requests.

e. Areas of medical claims in which your firm has particular expertise or specialization

(e.g., soft tissue injuries, orthopedic injuries, neurological conditions, chronic pain management, chiropractic care, surgical procedures, or rehabilitation).

f. Policies and procedures in place to ensure controverting affidavits and expert reports meet applicable legal standards and are not subject to exclusion or being stricken.

4. Provide a detailed description of the following:

a. Any litigation or administrative proceeding in which the firm was named as a party in connection with its professional activities within the five (5) years preceding the date of this RFQ.

b. Any ongoing or past litigation, investigation, or proceeding in which a court or administrative agency has addressed, or is currently addressing, questions related to the professional conduct of the firm or its personnel.

c. Any formal notice of action, administrative inquiry, or challenge involving a medical peer review or billing audit performed by the firm.

d. Any instance within the past five (5) years in which an expert report, affidavit, or testimony prepared or provided by the firm was stricken, excluded, or otherwise deemed inadmissible by a court or administrative body, including the reason for exclusion and any corrective actions taken.

5. Describe the firm’s processes, procedures, and internal controls for managing sensitive medical records and related documentation. Include how assignments are tracked, how access to confidential materials is controlled, and how version control is maintained to ensure the correct and most current documents would be delivered to the City. Responses should address data security protocols, audit trails, and any systems used to manage document lifecycle and revisions.

6. Provide the names, proposed roles, medical specialties, office locations, and anticipated availability of personnel on the firm’s current roster who would be assigned to the City’s account.

7. State acknowledgment and acceptance of the condition that the City will only compensate for services actually rendered. Retainer fees, cancellation fees, or other non-performance-based charges will not be reimbursed.

8. State acknowledgment and acceptance of the condition that the City will not compensate for services related to controverting affidavits or expert reports that are not timely produced following reasonable notice of the applicable service or filing deadline.

IV. Specifications or Scope of Work

A. Purpose

1. The selected firm(s) will provide comprehensive medical review and personal injury analysis services to support the City Attorney’s Office and the Office of Risk Management in evaluating personal injury claims arising from a range of tort-related incidents, including motor vehicle accidents, premises liability, constitutional torts, and other state or federal personal injury matters.

2. Services may include:

a. Expert peer review of medical records and billing documentation to assess the reasonableness, necessity, and legitimacy of treatment and associated charges.

b. Causation analysis to evaluate injury mechanisms, consistency with incident dynamics, and attribution of injuries to the described event.

c. Biomechanical reconstruction to analyze physical forces, body movement, and injury potential in scenarios such as vehicle collisions or falls.

d. Preparation of written reports, expert opinions, and affidavits as needed.

3. Firms must be capable of delivering all services outlined in the Required Services section of this RFQ.

B. Required Services

1. Medical Peer Review. Assign qualified medical professionals to perform expert peer review services on an ongoing, as-needed basis. These services will assist the City Attorney’s

Office and the Office of Risk Management in evaluating personal injury claims. Reviews shall include analysis of records and documentation submitted by third parties, with a focus on objectively assessing the accuracy, legitimacy, reasonableness, and medical necessity of the treatment provided.

2. Causation Analysis. Provide causation analysis services on an ongoing, as-needed basis to support the evaluation of personal injury claims. These services may include expert assessment of injury mechanisms, evaluation of consistency between reported injuries and incident dynamics, and medical opinions regarding whether the alleged injuries are attributable to the described event.

3. Biomechanical Reconstruction. Provide biomechanical reconstruction services on an ongoing, as-needed basis. These services may involve analysis of physical forces, body movement, and injury potential in scenarios such as motor vehicle collisions or falls. Additional support may include expert consultation on evidentiary strategy, review of opposing expert reports, and technical briefings for City staff.

4. Billing Audits. Assign qualified medical professionals to perform expert billing audit services on an ongoing, as-needed basis. Audits shall focus on objectively assessing the accuracy, legitimacy, and reasonableness of billing statements from hospitals, physicians, and other medical providers. Services may include verification of coding accuracy, assessment of usual and customary rate (“UCR”) pricing, utilization review to determine treatment appropriateness and billing consistency, and analysis of treatment patterns. Additional services may include reviewing surgical cost estimates for proposed procedures and evaluating life care plans for accuracy, completeness, and consistency with the claimed injuries.

5. Written Reports and Affidavits. Provide controverting affidavits and expert reports, including all supporting documentation, as-needed for pre-trial and trial-related proceedings.

Supporting documentation may include fee schedules, source materials relied upon, and any referenced publications (e.g., books, articles, or studies) necessary to ensure compliance with applicable state and federal procedural disclosure requirements. Any reports that incorporate or rely on artificial intelligence (AI) tools or technologies in their creation must include a disclosure of such usage at the time of submission. The disclosure should specify the nature and extent of

AI involvement in preparation of the report.

6. Expert Testimony. Upon reasonable notice, provide expert testimony for depositions, hearings, and trials, or expert consultation as necessary in support of pre-trial or trial-related proceedings.

7. Meeting Participation. Upon reasonable notice, participate in meetings with staff from the

City Attorney’s Office or the Office of Risk Management to review analyses, opinions, recommendations, controverting affidavits, expert reports, and billing-related assessments.

Participation may also include assisting in preparation for deposition or trial testimony, whether involving the City’s designated expert or in support of staff preparing to examine an opposing party’s expert.

8. Deliverables. Submit all deliverables in accordance with the deadlines prescribed by the

City Attorney’s Office or the Office of Risk Management, as applicable.

9. Additional Services. Provide additional medical review and personal injury analysis services, as requested by the City Attorney’s Office or the Office of Risk Management, provided such services fall within the scope of this RFQ.

V. Communication

Effective and timely communication is essential for the successful implementation of the work outlined herein. It is essential that the awarded Contractor respond clearly after receiving City communication via, telephone, or email, Written correspondence shall be answered within 24-hours. The awarded Contractor shall respond to phone calls and emails from the City within 4-hours of receipt.

VI. Commencement Date

The anticipated commencement date will be after the contract (if applicable) has been approved by the Dallas City Council and signed and executed by the City Attorney’s Office. Compliant insurance and bonding requirement (if any) must be obtained within 15 days of Council Award and provide to the City.

VII. Award Method

The City’s intent is to award this solicitation in its entirety, but the City reserves the right to award in the method that is most advantageous to the City.

The City reserves the sole discretion to determine whether a solicitation response is responsive.

City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any solicitation response as may be in the best interest of City. Late bids will not be considered for award.

VIII. Location and Invoicing

IX. The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin when the City has received a correct invoice reflecting the work or goods delivered.

If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

• Name and address of the department for which services were provided

• Contact information of City staff who placed order (name, phone number, department)

• Date of order or Service

• Detailed description of each service

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

• Total cost of goods/services

Invoices must be submitted to the appropriate department based on the services rendered.

For services performed for the City Attorney’s Office:

Dallas City Attorney’s Office

7DN Dallas City Hall

1500 Marilla Street

Dallas, Texas 75201

For services performed for the Office of Risk Management:

Office of Risk Management

6AS Dallas City Hall

1500 Marilla Street

Dallas, Texas 75201

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.

X. Ownership

All records, equipment, revenue, work product, and/or intellectual property produced through this contract becomes property of the City to use as its own property without restrictions.

XI. Evaluation Criterion:

The evaluation criteria for the Qualification set forth under this RQF are outlined below:

A. Experience and Qualifications (50 points)

Assessment of the medical and technical qualifications of the professionals proposed, including breadth and depth of expertise, prior experience with similar services, and relevance of past engagements. Client references will be considered

B. Approach to the Assignment (25 points)

Review of the firm’s methodology and strategy, including service types, process descriptions, tools used to enhance service, effectiveness, efficiency, and transparency, description of deliverables, and team roles and commitments

C. Availability to City Staff: (25 points)

Evaluation of the firm’s ability to provide timely access to evaluators or expert witnesses, especially in urgent litigation or trial scenarios.

The City of Dallas remains committed to making a meaningful economic impact on the communities we serve. It is anticipated that a new framework for economic and community impact will be forthcoming. We encourage all contractor to continue fostering comprehensive business practices that support small and local businesses where feasible.

XII. Performance Measures and Contract Management

The following criteria will be used to monitor contract compliance and evaluate

Respondent performance throughout the term of the agreement:

1. Timely Delivery of Services – Services and documentation must be delivered on time and in accordance with instructions provided by the designated representative from the City Attorney’s Office or the Office of Risk Management.

2. Invoicing – All invoices must be submitted as outlined in Section V.D: Invoicing and

Payment Procedures. Invoices must be accurate, complete, and clearly reflect the services rendered.

3. Quality of Services – Services will be evaluated against the standards set forth in

Section III: Scope of Work. The City expects all assessments, informal reports, controverting affidavits, and expert reports to be delivered promptly and free of substantive or clerical errors.

4. Customer Service Quality – Customer service will be assessed based on the accuracy, completeness, and responsiveness of compliance-related communications and submissions.

5. Compliance with Court Deadlines – The Respondent’s ability to meet court-imposed deadlines will be monitored. Timely submission of required materials following notice from the City is essential. Upon receipt of a written or electronic request, all work product or documents required for service, filing with a court, or submission to a governing body must be completed and ready for review no later than five (5) business days prior to the applicable deadline.

6. Report Standards – Reports will be evaluated for completeness, accuracy, and adherence to established deadlines.

7. Timeliness of Compliance Submittals – Due dates for compliance-related documents and contractual deliverables must be met consistently.

8. Data Verification – All data and calculations provided must be accurate, internally consistent, and verifiable.

XIII. Special Requirements

Regulatory Compliance –

Respondent must comply with all applicable provisions of the Code of Federal Regulations

(CFR), the Texas Administrative Code (TAC), and relevant local government rules and regulations.

Licensing and Permits

Respondent shall possess and maintain any licenses, certifications, or permits required by federal, state, or local law to perform the services described in this RFQ. This may include, but is not limited to:

a. Professional licenses or certifications for individuals providing expert assessments or legal/technical opinions.

b. Business registration with the Texas Secretary of State or local jurisdiction.

c. Occupational licenses if applicable to the scope of work.

d. Any other permits required by the City or governing agencies for the performance of the services under this contract.

Statutory Requirements

Respondent shall comply with all federal, state, and local statutory requirements and regulations applicable to or influencing any phase of the contract.

XVI. Documents Submitted with solicitation response or upon Request

1. Business Information Form (OPS-02)

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

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

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

5. Living Wage Affidavit (OPS-3)

6. Sample Contract with markups

7. Any other City documents as required

XIV. Audit Requirements

The City of Dallas retains the right to audit any aspect or work product relating to the contract.

XV. Opening of Request for Qualifications (RFQ)

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.

XVI. Review of Solicitation Response

1. The City will review and evaluate the RFQ submitted to determine if submitted response demonstrates the required experience and qualifications to fulfill the obligations of the services identified in this RFQ. Vendor presentations are anticipated on a date to be determined (TBD). Respondents 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 Respondent’s submittal. The City may also seek clarification from the referenced Respondents about any financial and experience issues.

3.

XVII. Insurance and Bonding 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.

XVIII. Discussion with Reasonably Qualified Respondents

1. The City reserves the right to engage in discussions or conduct interviews, either oral or written, with the Respondent determined by the evaluation criteria to be the most qualified Respondent. If discussions or interviews are held, the buyer will request pricing from the highest ranked Respondent. The request for pricing may include:

• Notice that this is the opportunity to submit written a fair and reasonable offer

• Notice of the date and time for submission of the most qualified Respondent’s 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 requirements

2. Following evaluation of the Respondent’s offer, purchasing will assess whether the proposed offer is fair and reasonable.

3. After the most qualified Respondent(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 Respondent and begin

Contract negotiations with the next highest ranked Respondent. This process may continue until either both the offeror and Office of Procurement Services executes a completed Contract or Office of Procurement Services determines that no acceptable alternative Respondents exist.

4. The City reserves the right to reject any or all responses received or to award, without discussions or clarifications, a Contract based on initial response received. Therefore, each solicitation response should contain the Respondent’s best terms from a price and technical standpoint. Also, only Respondents submitting a solicitation response will be notified of any communications after the RFQ closing.

XIX. Rejection or Acceptance of Submittals

1. This RFQ 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 submittal 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 RFQ.

2. The City will require the recommended Respondent to sign the necessary Contract documents prepared by the City Attorney's Office. A sample Contract is included as an attachment. Respondent must take exception to any term of the Contract to which it will not agree in its solicitation response.

XX. Late and Withdrawn Responses

Solicitation responses are required to be submitted electronically using the City’s 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.

XXI. 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. Request for Qualifications 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 solicitation response 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 solicitation response “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 solicitation response, the Respondent 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.

XXII. Disqualification of Respondents

Respondents may be disqualified for, but not limited to, the following reasons:

• Reason to believe collusion exists among the Respondents

• The Respondent is involved in any litigation against the City of Dallas

• The Respondent is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas https://dallascityhall.bonfirehub.com/login

XXIII. 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.

XXIV. 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 (2) 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.

XXV. 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.

XXVI. 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.

XXVII. 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.

XXVIII. 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.

XXIX. EXCEPTIONS TO TERMS AND CONDITIONS

The City will negotiate business terms but requires Respondents to enter into a contract incorporating or that is substantially similar to the terms and conditions provided for in the contracts attached as Exhibit B and Exhibit C. All exceptions to the draft contracts shall be submitted by Respondent in a clearly identified separate section of their proposal in which the

Respondent clearly cites the specific paragraphs within the draft contracts where the proposed changes occur. Except as provided under this provision, by submitting its proposal or bid, Respondent agrees to the contracts included with this procurement, including all attachments thereto. Contract exceptions, including exceptions to insurance provisions and any other attachments to the Contract, must be in the form of a “marked up” (redlined) version of the

Contract. The City will take into account exceptions made by the Respondent in evaluating the

Respondent’s proposal and reserves the right to refuse to enter into an agreement when there are material exceptions to this RFQ and/or the City’s draft contract.

Any exceptions not included as provided for in this section shall be without force and effect in any resulting contract unless such exception is expressly approved in a written document executed by the Director of Procurement, City Attorney, and the City Manager or her designee.

For purposes of clarity: Respondent’s standard terms and conditions (T&C) not submitted to the

City as required by this section will not be a part of any resulting contract. The City’s decision to attempt to negotiate a contract with a Respondent that has made exceptions to a draft contract shall not constitute the City’s acceptance of any exceptions. The City’s approval of any exceptions to its contract form shall only be effective if the exceptions are incorporated into the final contract and approved as to form by the City Attorney’s Office.

XXX. 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) 1

ER XXII.1

XXXI. 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.

XXXII. 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.

XXXIII. 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.

XXXIV. Wage Floor Compliance Requirements

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be consider responsive. The City may request that Contractors, at any time during the pre- or post-award process, demonstrate compliance with the wage floor requirement. Contractors not compliant with the wage floor requirement will be deemed nonresponsive and will not be considered for award. Contractors awarded general service contracts must comply with the wage floor policy and reporting requirements for the term of the contract, failure to remain in compliance may result in breach of contract.

XXXV. Selection Process

An evaluation team will evaluate all solicitation responses received in response to this RFQ.

After reviewing the submissions, Respondents may be selected for in-person interviews/oral presentations. From those presentations and possible interviews, the solicitation responses will be re-evaluated, and final determination will be made.

The City of Dallas will pursue negotiations with the highest ranked (most qualified) Respondent with the goal of entering into a contract.

XXXVI. Development Costs

Neither City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFQ. Respondents are encouraged to prepare their solicitation responses simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the RFQ.

XXXVII. Contract Award

Upon selection of a successful Respondent, the City and the Respondent will negotiate a final contract, based on the terms outlined in this RFQ. A sample agreement, with the general terms for the final contract, is attached as Sample Contract for Services. By submitting a solicitation response, the Respondent agrees to be bound by these terms and conditions unless otherwise noted in the Submittal. The final contract is subject to City Council approval.

XXXVIII. Certificate of Interested Parties (Form 1295)

Respondent(s) recommended by City staff for a contract pursuant to this RFQ 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