4-01. Specifications.pdf

City of Dallas

Request for Competitive Sealed Proposals (RFCSP)

Project Title: Comprehensive Boxed and Self-Service Bulk

Meal Delivery

Buyer Solicitation Number: BFZ26-00029731 http://www.dallascitynews.net/

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas is soliciting proposals from qualified vendors to serve as a single provider for the delivery of a variety of self-service bulk and/or boxed meals (hot or cold) to support meetings, trainings, and other official events at various City locations. The selected vendor will handle all aspects of meal sourcing, preparation, packaging, and delivery for an estimated volume of events ranging from small group sessions (10-50 participants) to larger trainings (up to 200 participants), with flexibility for fluctuating demand. The contract term is five (5) years.

This RFCSP aims to ensure high-quality, nutritious, and diverse meal options that accommodate dietary needs while promoting local economic participation through partnerships with Dallas-based restaurants.

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

During the solicitation process proposers are required to limit their communication regarding this project to the Buyer referenced herein. A preproposal meeting will be held by the City whereby the proposers will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The preproposal meeting will be the only time when proposers and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address to the assigned Buyer. Proposers may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically, the City will respond to all questions by way of addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication.

III. Specifications

Individual Boxed Meals:

The vendor shall provide a full range of boxed meals, including:

• 1.) Individual Meal Types: Both breakfast and lunch options must be available, as events may span full days. Breakfast examples include yogurt parfaits, fresh fruit, pastries, bagels with spreads, egg-based items, or continental assortments. Lunch examples include sandwiches, salads, wraps, grain bowls, or entrees like grilled chicken, pasta, or vegetarian stir-fries. Meals may be hot (e.g., insulated packaging for items like soups or warm sandwiches) or cold, with a focus on variety to avoid repetition. Meals should include eco-friendly disposable serve ware. Sustainability features, such as compostable materials or locally sourced ingredients, are encouraged.

https://dallascityhall.bonfirehub.com/login

• 2.) Sourcing Options: Meals may be prepared in-house by the vendor or sourced from local restaurants within the City of Dallas limits. If sourcing from restaurants, the vendor must ensure all partners comply with City standards, and a list of proposed restaurant partners must be included in the proposal. Preference will be given to proposals that incorporate local businesses.

• 3.) Customization and Variety: Offer menu options per meal type (at least 10 breakfast and at least 15 lunch), rotating seasonally. Meals must include sides, beverages (e.g., water, juice, or coffee), and utensils. Beverages may be delivered in a bulk container if pre-approved by City staff. Provide customizable options for portion sizes and themes

(e.g., healthy, international, or themed for holidays).

• 4.) Dietary Accommodations: Accommodate common restrictions, including vegetarian, vegan, gluten-free, nut-free, dairy-free, halal, kosher, and low-sodium/low-carb options.

At least 20% of menu items must cater to these needs without additional cost. Vendor must handle industry best practice allergy management protocols and label meals clearly.

• 5.)_Quantity and Frequency: Support orders from 10 to 200 meals per event, with potential for 25-50 events annually. Orders may be normally placed with at least 72 hours' notice, though rush options (less than 24 hours) should be available at a premium.

Bulk Meal or Family-Style Meal:

In addition to individually boxed meals, the scope under this solicitation expressly includes bulk or family-style meal service. The vendor must be capable of delivering meals in standard catering or foodservice containers, with food components packaged separately as appropriate

(e.g., proteins, sides, and accompaniments in individual containers such as fajita meat, rice, and beans).

Bulk meals may be ordered as hot or cold and shall be suitable for self-service or City staff-assisted service at City meetings, trainings, and events. The vendor shall provide all necessary disposable plates, cutlery, napkins, condiments, and serving utensils, and shall ensure that portioning and serving quantities are reasonable, clearly defined, and sufficient to meet the stated number of attendees without undue shortages.

All bulk meal deliveries shall comply with the Delivery Requirements and Packaging and Safety provisions of this solicitation, including temperature control, labeling, and food safety standards.

Bulk meals may be ordered alone or in combination with individually boxed meals, at the City’s discretion.

1. Delivery Requirements

Locations: Deliveries to various City of Dallas facilities, including but not limited to City Hall, department offices, training centers, and community venues within city limits. The vendor must have reliable transportation capable of maintaining food temperatures (hot foods ≥140°F, cold foods ≤40°F) during transit.

Timing and Logistics: Deliveries must occur within specified order window (typically 6-9 AM for breakfast, 11 AM-1 PM for lunch). Late deliveries may incur penalties (10% deduction per order). Vendor must ensure contingency plans for traffic, weather, or vehicle issues to ensure on-time performance ≥95%.

Packaging and Safety: All meals must be individually boxed for easy distribution, with tamper-evident seals, clear labeling (ingredients, allergens if applicable, etc.), and compliance with

Hazard Analysis and Critical Control Points(HACCP)standards. Use insulated containers for temperature control, and ensure all packaging is recyclable or biodegradable where possible.

Vendor must conduct regular quality checks and provide nutrient analysis upon request.

2. Vendor Qualifications and Experience

Eligibility: Vendor must be licensed to operate in Texas, with a valid food handler's permit, insurance coverage and a proven track record of similar services. Preference for vendors with at least five (5) years of experience in catering or meal delivery for government, corporate, or institutional clients.

References: Provide at least three (3) references from comparable contracts, including contact information and details on scope, volume, and performance.

Staffing: Employ certified food handlers and drivers with clean records. Include a dedicated account manager for City coordination.

Local Engagement: Demonstrate commitment to Dallas economy, such as through restaurant partnerships or hiring local staff.

3. Pricing

Structure: Proposals must include per-meal pricing tiers based on type (breakfast vs. lunch, hot

vs. cold) and customizations. Pricing must be all-inclusive per meal (or serving for bulk orders) to include fees for delivery, appropriate utensils, beverage, and any surcharges or other costs.

Pricing:

Pricing should remain fixed for the first year, with yearly (once per year) adjustments tied to

Consumer Price Index (CPI)increase percentage thereafter.

4. Performance Standards

Compliance: Adhere to all federal, state, and local regulations, including Food and Drug

Administration (FDA)food safety codes, Texas Health and Safety standards, and City procurement policies (e.g., non-discrimination, ethical sourcing). Vendor must maintain records for audits and provide monthly reports on delivery metrics, menu usage, and customer feedback.

Delivery Performance Standards:

The vendor shall achieve an on-time delivery rate of at least 95% annually. On-time delivery is defined as arrival within the delivery window specified in the order confirmation.

5. Delivery Penalties

• Late Delivery: Deliveries arriving outside the agreed delivery window may be subject to a ten percent (10%) price reduction of the total order cost for the affected delivery.

• Failure to Deliver: Failure to deliver an order in its entirety without prior City approval may result in a one hundred percent (100%) non-payment for that order.

• Chronic Performance Issues: Repeated late or failed deliveries may result in corrective action, up to and including contract termination, in accordance with City contract terms.

Penalties shall be applied on a per-delivery basis and shall not be compounded per meal, per person, or per item.

IV. Communication

It is essential that the awarded vendor responds clearly after receiving a telephone call or email from the City. Written correspondence from the City shall be answered within twenty-four hours.

The awarded vendor shall respond to phone calls and emails from the City within four hours of receipt.

The City or its representative reserves the right to cancel this agreement anytime if the services are deemed unsatisfactory.

V. Commencement Date

The Contract shall be contingent 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 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.

VII. Location and Invoicing

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

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

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

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

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

• Date of order or Service

• Detailed description of each service

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

• Total cost of goods/services

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

Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to follow this procedure risk having the contract with the City cancelled.

VIII. Total Cost of Goods and/or Services

Structure: Proposals must include per-meal pricing tiers based on type (breakfast vs. lunch, hot vs. cold) and customizations. Pricing must be all-inclusive per meal (or serving for bulk orders) to include fees for delivery, appropriate utensils, beverage, and any surcharges or other costs.

Pricing:

Pricing should remain fixed for the first year, with yearly (once per year) adjustments tied to

CPI increase percentage thereafter.

IX. Evaluation Criterion

1. Experience and Qualifications – 25 points

a) High (19–25 points)

The proposer demonstrates substantial and directly relevant experience providing boxed and/or bulk meal services for government, institutional, or large-scale clients. All required licenses, permits, and certifications are current and clearly documented. References are relevant and indicate strong past performance. Staffing and management structure are well-defined and appropriate for the scope of work.

b) Medium (10–18 points)

The proposer demonstrates adequate experience providing similar meal services, though experience may be limited in scale, scope, or public-sector context. Required licenses and certifications are provided but may lack detail.

References are acceptable but limited in relevance or depth. Staffing and management approach appears sufficient but lacks clarity or detail.

c) Low (0–9 points)

The proposer demonstrates minimal or no relevant experience with comparable services. Required licenses, permits, certifications, or references are missing, unclear, or insufficient. Staffing or management capacity is inadequately described or appears insufficient to meet contract requirements.

2. Menu Variety and Quality – 25 points

a) High (19–25 points)

The proposal offers a wide variety of well-organized breakfast and lunch options in both boxed and bulk formats. Menus demonstrate thoughtful balance, reasonable portion sizes, and clear descriptions. Dietary accommodations are comprehensive and clearly addressed. Menu presentation is professional and easy to understand.

b) Medium (10–18 points)

The proposal offers an adequate selection of menu options, though variety may be limited or repetitive. Boxed and bulk options are included but not fully developed. Dietary accommodations are addressed but with limited options or unclear descriptions. Menu presentation is acceptable but may lack clarity or detail.

c) Low (0–9 points)

The proposal offers limited or poorly defined menu options. Boxed and/or bulk formats are missing or insufficiently described. Dietary accommodations are minimal or not addressed. Menu information is unclear, disorganized, or difficult to evaluate.

3. Delivery and Logistics Plan - 15 points

a) High (11–15 points)

The proposer presents a clear, well-developed delivery and logistics plan demonstrating the ability to meet required delivery windows consistently. The plan includes appropriate temperature control methods, reliable transportation, and contingency procedures for delays or disruptions. Communication and order confirmation processes are clearly defined.

b) Medium (6–10 points)

The proposer presents a delivery plan that generally meets requirements but lacks detail in one or more areas, such as contingency planning, temperature control, or communication procedures. Delivery capability appears adequate but not fully demonstrated.

c) Low (0–5 points)

The proposer provides a vague, incomplete, or insufficient delivery and logistics plan. The ability to meet delivery windows, maintain food safety standards, or manage disruptions is unclear or not demonstrated.

4. Cost – 30 points

5. Local Preference Program- 5 points

a) The City of Dallas aims to maximize economic return in the procurement of goods and service 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. In order 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 who are Dallas residents; OR

• If available, participation in Workforce Development Program

X. Performance Measures and Contract Management

Delivery Performance Standards

The vendor shall achieve an on-time delivery rate of at least 95% annually. On-time delivery is defined as arrival within the delivery window specified in the order confirmation.

Delivery Penalties

Late Delivery: Deliveries arriving outside the agreed delivery window may be subject to a ten percent (10%) price reduction of the total order cost for the affected delivery.

Failure to Deliver: Failure to deliver an order in its entirety without prior City approval may result in a one hundred percent (100%) non-payment for that order.

Chronic Performance Issues: Repeated late or failed deliveries may result in corrective action, up to and including contract termination, in accordance with City contract terms.

Penalties shall be applied on a per-delivery basis and shall not be compounded per meal, per person, or per item.

XII. Documents Submitted with Proposal or upon Request

1. Business Information Form (OPS-02)

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

3. Statement of Insurability (OPS-04)

4. Local Preference Form (OPS-31)

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

6. Living Wage Affidavit (OPS-3)

7. Sample Contract with markups

8. Any other City documents as required

XIII. Opening of Proposals

The City will open proposals during the bid reading. Proposer names will be publicly read at the bid reading which take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

It is the responsibility of the proposer to clearly mark and identify all portions of the proposal, which, in the proposer’s opinion, contain trade secrets, confidential information and other proprietary information. All proposals are subject to the Texas Open Records Act process.

XIV. 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.

XV. 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.

XVI. 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.

XVII. 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.

XVIII. 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.

XIX. 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.

XX. 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.

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. 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.

XXII. 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

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.

https://dallascityhall.bonfirehub.com/login

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 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.

XXXVIII. 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. 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

XXX. 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.

XXXI. 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.

XXXII. 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.

XXXIII. 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.

XXXIV. 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.

XXXV. 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.

XXXVI. 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.

XXXVII. 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