3-01-Specifications.pdf

City of Dallas

Request for Bids (RFB)

Animal Feed for Dallas Animal Services Department Buyer Solicitation Number: BH25-00028056 http://www.dallascitynews.net/

Scope of Work and Specifications

I. Introduction, Purpose, and Intent

The purpose of this solicitation is to establish a three (3) Year Indefinite Delivery/Indefinite Quantity (ID/IQ) master agreement for the purchase of animal food for the City of Dallas. An ID/IQ agreement is established when quantities of goods and/or delivery schedules cannot be determined. Goods under this agreement will be ordered on an as needed basis for the term of the agreement.

II. Pre-Bid Meeting Schedule, Questions, and Inquiries

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

To be considered responsive, bid response must be submitted electronically (https://dallascityhall.bonfirehub.com/login.) by the due date and time indicated in the solicitation.

All bidders submitting bids through the electronic bidding system shall scan and upload a copy of their $100.00 bid security (sealed bid bond, certified check or cashier’s check) as an attachment to their electronic bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the city’s purchasing agent upon request. If the awarded bidder fails to execute and deliver the contract within ten (10) days after the notice of award, City may annul the notice of award and shall be entitled to make a claim against the bid security. The bid security of recommended bidders will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended bidders will be returned.

The following documents should be submitted with your bid:

- Copy of Bid Security ($100.00) https://dallascityhall.bonfirehub.com/login

IV. Local Preference

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.

Request for Bids

A local firm whose bid is within the following percentages may be considered for award over the lowest bidder (City Council ultimately decides):

• 3% of the lowest bid for a contract valued at greater than $500,000 for goods.

• 5% of the lowest bid for a contract valued at less than $500,000 for goods or services.

• 5% of the lowest bid for a contract valued at less than $100,000 for construction services

V. Specifications

Dallas Animal Service will intake over 25,000 animals in a given year and requires a variety of food based on the dietary needs of the animals being cared for at any given time. Due to the quantity of animals and limited space, a normal delivery schedule is necessary. Dallas Animal Service seeks an accredited bidder with a minimum of 5 years in the business and has experience with large clients of a similar size and scope as the City of Dallas.

To ensure the capability and reliability of the vendor, the City requests that all bidders provide a minimum of three (3) relevant references for similar services or product supply performed within the past five (5) years. Preferably, references should include other municipalities, public agencies, or agricultural facilities that required regular animal feed delivery and quality control.

Each reference should include the following:

1. Organization Name:

2. Contact Person and Title:

3. Phone Number and Email:

4. Type of Animal Feed Supplied:

5. Contract Start and End Dates:

6. Approximate Annual Value of Contract:

7. Brief Description of Services Provided:

8. Delivery Frequency and Locations (if applicable):

The City reserves the right to contact any and all references provided and may also investigate other sources not listed. Failure to provide adequate references may be grounds for disqualification.

VI. Communication

It is essential that The Awarded Contractor (AC) respond clearly after receiving a telephone call or email from the City. Written correspondence from the City of Dallas shall be answered within twenty-four (24) hours. The AC shall respond to phone calls and emails from the City within four

(4) hours of receipt.

VII. Commencement Date

The proposed master agreement will become effective upon City Council approval and contract execution. No contract shall be binding with the City until it has been approved and authorized as to form by the City Council, City Attorney and executed by the City Manager.

VIII. Award Method

The City reserves the right to award this solicitation to one or more vendors if it is deemed to be in the best interest of the municipality. Awards may be made by item, group of items, or as an aggregate total, depending on what is most advantageous to the City and as determined by the evaluation of bids.

There shall be three suppliers awarded: a primary, secondary, and tertiary. The most advantageous bidder shall be considered the primary supplier; if the primary cannot meet the needs specified in the scope of work, then the City has the right to reassign the order to the secondary supplier; if the secondary cannot meet the deadlines specified in the scope of work, then the City has the right to reassign the order to the tertiary supplier. The City reserves the right to start the next order following a reassigned order with the primary supplier, despite any previous work having been reassigned to the secondary or tertiary supplier.

If there is no available supplier who can meet the City’s deadlines, then the City has the right to assign the work to any of the vendors considering price; turnaround time; and any other factor that serves the best interest of 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 the City. Late bids will not be considered for award.

IX. Location and Invoicing

The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin when the City has received a correct invoice reflecting the work or goods delivered. If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

The AC shall send invoices electronically to our centralized Accounts Payable department invoice email address: CODAccountsPayable@dallas.gov. Invoices shall be submitted monthly to the City for payment, unless both parties agree to an 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 goods or services (charges for all services covered by this contract are to be separately stated and explained

• Total cost of goods/services

Submitting invoices without the above information may cause delays in payment processing.

Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to follow these instructions risk having the contract with the City canceled.

The orders will be delivered to the following location:

Dallas Animal Services 1818 N Westmoreland Rd.

Dallas, TX 75212

X. Total Cost of Goods and/or Services

The associated cost should be presented to the City all inclusive (goods, delivery, shipping, etc.) Billing will be accepted monthly or milestone upon completion.

XI. Performance Measures and Contract Management

All orders should be completed within 30 days after receipt of order. All costs, including delivery costs and handling charges, shall be included in the bid price. The City will not pay any additional charges for shipping, delivery, or handling costs. Failure to consistently deliver products within the specified delivery dates may result in the cancellation of this agreement.

Items that have hidden defects or that do not meet specifications, title, and risk of loss to products mailto:CODAccountsPayable@dallas.gov pass to a City department upon the department’s actual receipt and acceptance of the product at the point and time of delivery.

The vendor shall immediately notify the City department’s primary contact of any anticipated or actual delay and document the notice in writing. The department may then extend the delivery time or cancel the order if the delay is unacceptable. If the City department has not received notice of the delay as required by this section, the department may, at its discretion, return to Vendor any items received after the due date, at the Vendor’s expense and without liability or penalty to the department.

Normal delivery hours are from 7:00 a.m. to 4:00 p.m., Monday through Friday (except City holidays, see list below of observed holidays. Delivery times should be met at least 95% of the time in any three (3) month period of this agreement. Failure to deliver within the specified time may result in the cancellation.

• New Year’s Day

• Martin Luther King Day

• President’s Day

• Memorial Day

• Juneteenth Day

• July 4th Independence Day

• Labor Day/Cesar Chavez Day

• Indigenous People Day

• Veteran’s Day

• Thanksgiving Day

• Day after Thanksgiving

• Christmas Holiday

For the dry dog food, a minimum of 60 bags should be available for a weekly delivery.

XII. Special Requirements

If the successful bidder(s) is requested to supply products in an emergency situation, delivery will be within twenty-four (24) hours after receipt of the order. If the successful bidder is unable to supply the product(s) within twenty-four (24) hours, the City of Dallas reserves the right to purchase these items from an alternate vendor source. The City will pay all additional shipping as a pass through from the vendor providing evidence of reasonable additional costs.

XIII. Audit Requirements

As part of the contract management process, the City shall have the right to audit any aspect and work product derived as a result of the contract. Vendor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The city shall give the vendor reasonable advance notice of intended audits.

XIV. Service Completion Schedule

The vendor shall provide packing slips that show all pertinent order information to include, PO or DO number, product delivered, and product back ordered. For service delivery, the vendor can require a service delivery form that shows work has been completed. The service delivery form notifies the requesting department of work. The orders shall be delivered within three business days after order placement. For the dry dog food, a minimum of 60 bags should be available for a weekly delivery.

XV. Transition Contract transition details may be requested from the vendor as to how service(s) will transition from the City to the vendor or from the vendor to the City or from an existing vendor to a new vendor. The vendor may request a transition plan and period as to how some of the following (examples) issues will be addressed: transition cost, transition of records, work product, etc.

XVI. Closeout Procedures and Requirements

The vendor and the City must fulfill their contractual obligations, and the work described in the contract was completed on time and in compliance with the terms of the contract. Relevant parties should attend the closeout meeting 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, equipment, bonding (release thereof), acceptance of project, final payment, etc.

XVII. Documents Submitted with Bid or upon Request

1. Business Information Form (OPS-02)

2. Conflict of Interest Policy and Questionnaire (OPS-07, State Form CIQ)

3. Local Preference Affidavit (OPS-31)

4. Business Inclusion & Development OPS-FRM-640 -Team Make-Up and Local Workforce

Form.

5. Any other City documents as required.

XVIII. Opening of Bids

The City will open bids during the bid reading. Bid readings take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

Any bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

XIX. Review of Bids

1. The City will review bids for compliance to determine whether bids are responsive and responsible and whether the bid meets minimum requirements.

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 bid.

3. Please be aware that the City of Dallas may use sources of information not supplied by the bidder concerning the abilities to perform this work or meet the minimum requirements. 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.

XX. Bid Pricing

1. Bid pricing shall be firm for the entire contract unless otherwise stated herein. 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 bid will not be paid by the City, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred.

3. Percentage (+/-) discounts/markups listed on the bid sheet shall remain firm during the term of the contract and include all costs incurred, real and unforeseen, related to the manufacture, shipping, and delivery of the units, including insurance, freight, and all direct costs.

4. The awarded vendor shall provide the City of Dallas with the most current manufacturer’s catalog or price list(s), via e-mail or approved media during the evaluation phase at no cost to the City, with the bid packet.

Paper catalogs or Paper Price list will not be considered meeting the specifications. Please note other methods of verification may be considered on a case-by-case basis. The city must have a tangible way of verifying pricing, for each delivery order as part of our auditing process. The awarded vendor must provide the item description for citywide usage; the information for each item shall contain stock number, colors, sizes, prices, point of contact for the manufacturer, and all other pertinent information to that purchase order.

5. The awarded vendor is required to submit any revised list as soon as they obtain it with a maximum allowance of new catalog pricing once every 12 months for the duration of this master agreement; price changes will begin 30 days from the date the City of Dallas receives a revised price list. Price revisions cannot be issued until a minimum of 6 months after the contract has been awarded. The City of Dallas will not reprocess invoices that have been paid per old price lists due to the bidder’s failure to submit the current price list. The City of Dallas will NOT re-issue a Delivery Order (DO) due to an increase in prices after vendor has received the DO.

IF THE AMOUNT OF ADJUSTMENT(S) IS LEFT BLANK THE BID WILL BE

CONSIDERED A “NO BID” FOR THAT GROUP.

XXI. Rejection or Acceptance of Bids

1. This RFB does not commit the City to award a Contract. The City reserves the right to reject any or all bids, to waive technicalities or irregularities, and to accept any bid 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 RFB.

2. The City will require the recommended bidder to sign the necessary Contract documents prepared by the City Attorney's Office, if applicable. If applicable, a sample Contract is included as an attachment. Bidders must take exception to any term of the Contract to which it will not agree in its bid.

XXII. Late and Withdrawn Bids

Bids are required to be submitted electronically 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.

XXIII. 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. Bidders 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 bid 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 bid “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 bid, the bidder 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.

XXIV. Disqualification of Bidders

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

• Reason to believe collusion exists among the bidders

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

• The bidder is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas

XXV. 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.

XXVI. Records and Audit

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized by this Contract. These records shall be retained for a minimum of two years after the conclusion of the Contract. The City reserves the right to audit any records it deems necessary for the execution of this Contract.

XXVII. 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.

XXVIII. 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

• Contractors f a i l to properly and timely pay Contractor personnel, suppliers or other contractors and the failure impacts the City 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.

XXIX. 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.

XXX. Miscellaneous

1. After executing the Contract, no consideration will be given to any claim of misunderstanding.

2. Bidders shall submit with their bid, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

3. Bidders shall thoroughly familiarize themselves with the provisions of these Specifications.

4. The City reserves the right to reject all bids and to waive any minor irregularities.

5. A bid may be disqualified if the corporation or individual bidder 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, bidders 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.

XXXI. 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)

XXXII. Indemnity

The selected bidder 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 bidder’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 bidder, 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 bidder(s) 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.

XXXIII. Development Costs

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

XXXIV. Certificate of Interested Parties (Form 1295)

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