4-01 - SoW - Transportation and Boarding Services.pdf

City of Dallas

Request for Competitive Sealed Proposals (RFCSP) Project Title: Transportation and Boarding Services

Buyer Solicitation Number: BWZ25-00028053 http://www.dallascitynews.net/

I. Introduction, Purpose and Intent

The City of Dallas through the Department of Dallas Animal Services (DAS) is requesting Proposals for a thirty-six (36) month Indefinite Delivery/Indefinite Quantity ID/IQ Service Price Agreement with two (2) one (1) year renewal options to provide as needed Transportation and Boarding Services for the City of Dallas. An ID/IQ agreement is established when quantities of services and/or delivery schedules cannot be determined. Services under this agreement will be ordered on an as-needed basis for the term of the agreement.

Dog Boarding- intended to ensure the health, safety, and well-being of DAS dogs with a designated permanent outcome who are placed in temporary boarding with approved partners. Its purpose is to support appropriate care, minimize stress, prevent disease transmission, and establish clear expectations for all parties involved in the boarding process.

Animal Transport- Is intended to support increased permanent outcomes for animals entering the shelter by facilitating safe and humane out-of-state transport. The goals are to reduce euthanasia due to space or resource limitations, promote adoptions into permanent homes, and strengthen relationships with approved rescue partners.

The facilities/locations, as specified herein, shall be used by the providing company hereafter called the “awarded agency” solely for the conduct of activities as described in the specifications, unless otherwise approved by the City’s representative. These specifications will become part of the contract and will be binding on the parties to the contract.

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 addressed to the assigned Buyer. Proposers may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically, the City will respond to all questions by way of an 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. Preferred Qualifications

All proposals must include a signed cover letter on the respondent's official letterhead. The cover letter should

1. Preferably five (5) years of experience in providing boarding and transportation services on an as needed basis.

2. The capacity of facility such as max kennel capacity.

https://dallascityhall.bonfirehub.com/login

3. Current number of proposed staff employees by position to include an organization chart.

4. A listing of at least three clients, with which the proposer is currently providing care or temporary employee services in the past (3) years successfully including the name and number of the contact person(s).

5. Information about training programs and a copy of the firm’s safety handbook for contracted employees.

6. A full description of the firm’s screening processes of contracted employees.

7. A full description of firm software used to hire, track and schedule employees and the variety of reports available to the customer.

IV. Scope of Work

As stated in Section I this solicitation is intended to a secure service contract for as needed Transport and Boarding Services to assist the City of Dallas’ Department of Animal Services with ensuring the health, safety, and well-being of DAS dogs with a designated permanent outcome who are placed in temporary boarding with approved partners. All boarding services must be provided off-site at the veterinary provider’s facility or another pre-approved external location, Shelter facilities shall not be used for boarding.

This proposal is structured to allow the proposer to submit on one or more of the following options outlined. The following options are split into Transport and Boarding services.

This contract will be awarded by the following groups:

Group 1- Dog Boarding is intended to ensure the health, safety, and well-being of DAS dogs with a designated permanent outcome who are placed in temporary boarding with approved partners. Its purpose is to support appropriate care, minimize stress, prevent disease transmission, and establish clear expectations for all parties involved in the boarding process.

Group 2- Animal Transport is intended to support increased permanent outcomes for animals entering the shelter by facilitating safe and humane out-of-state transport. The goals are to reduce euthanasia due to space or resource limitations, promote adoptions into permanent homes, and strengthen relationships with approved rescue partners.

Group 1: Requirements for Dog Boarding

General Information

• All dogs remain under Dallas Animal Services (DAS) legal ownership unless formally transferred.

• Must meet DAS health and housing standards.

• Boarding days not to exceed 30 days

Licensing and Regulatory Compliance

• Must possess all applicable local, state, and federal licenses or permits for the operation of an animal boarding facility and/or animal transport service.

• Must comply with all relevant animal welfare regulations, including housing, handling, and transport standards as set by Texas State Department of Agriculture or Animal Welfare authority and the USDA (if applicable).

Facility Standards

• Facility must be clean, secure, climate-controlled, and capable of safely housing domestic animals (e.g., dogs, cats) for short-term and emergency stays. Vendors should provide pictures of the facility along with the required documents for facility such as inspection report…on the proposal to be evaluated

• Must have separate housing or protocols to prevent disease transmission between animals.

• Must have access to or a relationship with a licensed veterinarian for emergency care and monitoring of animals while boarded.

The animals covered under this agreement will include those in need of temporary placement with a secured outcome for transport or adoption.

Housing & Shelter

Provide clean, secure enclosures that protect dogs from the elements and ensure their safety and comfort.

Maintain proper temperature control, ventilation, and sanitation at all times.

Daily Care

Feed animals a nutritionally adequate diet appropriate for their age and health needs.

Provide daily exercise, enrichment, and socialization as appropriate for the individual dog’s condition and temperament.

Health & Medical Oversight

Monitor dogs daily for signs of illness or injury and report any health concerns to DAS within 24 hours.

Administer medications provided by DAS according to instructions.

Isolate any dog showing signs of illness to prevent disease transmission and notify

DAS immediately.

Communication & Documentation

Maintain communication with DAS regarding updates, concerns, or changes in condition.

Provide access to DAS for site visits, wellness checks, and pickups with reasonable notice.

Maintain records of care provided, including feeding, medications, and observations.

Emergency Protocols

• Follow DAS-provided emergency procedures for illness, injury, or natural disaster.

• Seek immediate veterinary care if life-threatening issues arise and notify DAS as soon as possible.

Return or Transfer Coordination

• Cooperate with DAS to return, transfer, or facilitate placement of animals as directed.

Uniform/Personal Protective Equipment (PPE) Requirements

The award agency will provide employees that are dressed appropriately for the type of work assigned or as requested by the department and must not contain unacceptable slogans or language that could be deemed hostile or offensive. Footwear shall meet safety standards for the type of work being performed or as required. Tennis or athletic shoes are acceptable. Baseball caps are acceptable but cannot contain unacceptable slogans or language that could be deemed hostile or offensive.

Injuries Awarded agency will provide detailed medical instructions to all employees and its designated on-call company representative, for any medical emergencies and Workers’ Compensation related injuries that occur while its employee is assigned to work under a contract. In the event of a employee injury, the City’s representative will immediately notify the awarded agency and the user Department’s Workers’ Compensation representative of the injury. The awarded agency is required to manage all work-related injuries once notified of the injury, the awarded agency’s designated on-call representative is required to immediately within (1) hour report to the medical facility where the employee is being treated and begin assisting the injured employee with obtaining the correct level of medical care necessary and completing appropriate related documents/forms. The awarded agency will also be required to provide a drug screen on the injured employee and submit the results back to the City’s representative. It is the responsibility of the awarded agency to establish the correct legal procedures and paperwork to all assigned employees regarding the requirement for a mandatory post-injury drug screen.

The awarded agency will be responsible for any injuries to its personnel, including all state and federal reporting and insurance requirements relating to the injured employee. The City may require the awarded agency to provide updates on injured employees; the awarded agency will within 2 days of the request provide written updates to the Animal Services representative.

Contract Boarding Responsibilities:

Provide appropriate shelter, food, and care for non-owned animals.

Ensure that animals receive proper care and notify DAS if veterinary care is required.

Follow all relevant laws and regulations governing animal care and sheltering.

DAS Responsibilities:

Refer non-owned animals to temporary boarding contractor.

Provide timely payment as per agreed terms

Group 2: Requirements for Animal Transport

General Information

• Dallas Animal Services (DAS) has a full-time Rescue Manager and Rescue

Coordinator who oversee and manage all out-of-state animal transports.

• All out-of-state rescue partners must complete onboarding with the Rescue Team and receive approval from the Rescue Manager or Coordinator prior to participation.

All transporters provided by the awarded agency shall be at least eighteen years of age.

All contracted staff provided by the awarded agency must be authorized to work in the United States. If requested, the Awarded Agency shall use the E-Verify System through the Department of Homeland Security to verify the work status of all temporary employees assigned to work for the City. Awarded agency shall provide certification signed by an officer of agency to the City Representative of the employee’s authorization to work in the United States before the employee can report to work.

The City of Dallas expects that all contracted employees will be responsible for getting to the job site and/or work location, be punctual, be dressed appropriately with required safety equipment, and will be able to perform the assigned job duties.

Awarded agency will provide employees to the City who are free of drugs and alcohol and who maintain a level of cleanliness consistent with the City staff in the same work environment. In compliance with the requirements of the Federal Drug Free Workplace Act of 1988, all employees are required to refrain from the use of alcohol and/or drugs.

City of Dallas rules and regulations prohibit the use or possession of drugs or alcohol while on duty or on City property or in a City vehicle. Employees shall not report for duty or remain on duty with a blood alcohol level of 0.02 or greater or under the influence of any drug. A drug test will be conducted if the City has reasonable suspicion to believe the employee is under the influence of drugs or above the blood alcohol level of 0.02. The drug test will be provided by the awarded agency through an authorized drug testing facility. The results will be reported to the City’s representative. Random drug tests may also be required during the term of the Contract. The awarded agency shall provide notice to all employees that both for cause and random drug testing will be conducted, and the agency must maintain the appropriate employee paperwork to permit such drug testing.

Alcohol - Alcohol or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either when alone or when diluted.

Drug - A controlled substance as defined by Section 1.02 the Texas Controlled Substance Act and/or Section 202, Schedules I through V of the Federal Controlled Substance Act, including but not limited to marijuana, hashish, cocaine, heroin, morphine, codeine, opiates, amphetamines, barbiturates and hallucinogens.

The awarded agencies shall upon request provide to the City evidence of a negative drug screen on all employees provided. The negative results of the tests shall be certified in writing by an officer of the awarded agencies as to all employees assigned to work with the City and submitted to the City’s representative. For the awarded agency of Group 3 (Preventative Care), a weekly report of the drug tests conducted or screenings may be requested by the City’s representative.

The City has a zero-tolerance for workplace violence. The awarded agency will ensure that all employees refrain from reporting for duty or having at any time in their possession on City property or in a City vehicle a weapon as classified by the City while performing duties specified herein. The City will not tolerate loud, boisterous, rude and or disrespectful treatment of others.

Weapon means an instrument capable of causing bodily injury. Possession of such an instrument is prohibited on City property, unless specifically authorized and work related.

Prohibited weapons can include but are not limited to:

(a) Any firearm.

(b) Any illegal knife, including but not limited to:

(c) A knife with a blade over five and one-half inches.

(d) A hand instrument designed to cut or stab another by being thrown.

(e) A dagger, including but not limited to a dirk, stiletto, or poniard.

(f) A bowie knife.

(g) A sword; and

(h) A spear.

(i) A switchblade knife.

(j) Any type of club; including but not limited to:

(1) A blackjack.

(2) A nightstick

(3) A mace

(4) A tomahawk

(k) Any explosive weapon or device.

(l) A firearm silencer.

(m) Brass knuckles.

(n) Ammunition.

(o) A zip gun.

(p) Any chemical dispensing device; and

(q) Any caustic or corrosive liquid, such as acid or lye, capable of causing serious bodily harm.

Any of the above violations are grounds for removal of the contracted employee from assignment at Dallas Animal Services and City facilities. The awarding agency will ensure contracted staff are trained to communicate with City employees and citizens in a pleasant and professional manner. The awarded agency shall provide contracted staff who are able to understand and follow specific oral and/or written instructions.

The complete background check must contain the following search types:

• SSN Validation

• National Criminal Database Search

• 50 State Sex Offender Search

• Must include primary (legal) name searches as well as any AKA’s.

The following background check restrictions must be met before assignment to work with the City:

• No felony conviction of the type on the list below (see Felony list below) within the last 5 years and a one (1) year stable work record.

• No other felonies and misdemeanors convictions (see Other Felonies and

Misdemeanors list below) within the last 3 years and a one (1) year stable work record.

Felony

• Arson

• Assault

• Bribery

• Burglary

• Child Molestation

• Criminal Conspiracy/Attempt/Solicitation

• Domestic Violence

• Indecency with a child

• Kidnapping

• Manslaughter

• Murder

• Rape

• Terroristic Threat

Other Felonies and Misdemeanors

• Drugs: Cultivation

• Drugs: Intent to deliver

• Drugs: Delivery

• Drug Possession

• Child Abandonment/Endangerment

• Unlawful Carrying of a Weapon

• DWI/DUI

• Obscenity

• Obstruction

• Retaliation

• Stalking

• Theft

• Criminal Mischief

• Unlawful Restraint

• Fraud

• Credit Card Abuse

• Embezzlement

• Forgery

• Misdemeanor: Prostitution

• Misdemeanor: Indecent Exposure

• Misdemeanor: Public Lewdness

• Misdemeanors for charges in the Felony section

• Misdemeanor: False alarm report

It is the awarded agency’s sole responsibility to handle pay issues with their temporary contracted staff. Any pay issues are to be resolved with awarded agency management or on-site coordinator within 24 hours but shall be addressed “off the clock” and shall not disrupt daily operations. The Awarded Agency shall notify their contracted staff that any pay issues must be raised with the Awarded Agency directly and not the City of Dallas or their supervisor/manager with the Dallas Animal Services.

Pay issues not corrected within 24 hours (1 workday) will be considered non-performance.

A penalty of $75.00 per day for each occurrence for each employee involved will be deducted from the agency’s invoice for non-performance. Repeated instances shall be considered a breach of the contract.

The awarded agency will be responsible for fully complying with all laws and rules applicable to the provision of health insurance for temporary contract employees. The City will not provide any additional funding for such compliance, and City will not provide City health or any other City benefits to contracted employees.

Photo IDs The awarded agencies employees should arrive to Dallas Animal Services with a government issued photo ID as a means of identification to verify that the contracted employee is employed by the awarded agency.

Contract employees without proper identification will not be allowed entry into Dallas Animal Services facilities. It will be the responsibility of the awarded agency to replace any temporary contract employee rejected by the City for lack of proper identification within two (2) hours. A penalty of $75.00 per occurrence assessed for each temporary contract employee not replaced within the 2-hour limit; the penalty will be deducted from the awarded agency’s invoice for non-performance. Repeated instances shall be considered a breach of the contract.

Use of City Owned Equipment/Vehicles Contract employees will not be allowed to drive City equipment/vehicles on behalf of the City of Dallas. “City Equipment” includes trucks, backhoes, cranes, bicycles, boats, aircraft, and all automotive equipment, both licensed and non-licensed, on-or off-the-road vehicles whether City-owned, leased, rented, loaned to, or donated to in which the operator or driver may ride upon and drives or controls the equipment and shall also refer to and include privately owned vehicles which are driven in the course and scope of City business.

Injuries Awarded agency will provide detailed medical instructions to all employees and its designated on-call company representative, for any medical emergencies and Workers’ Compensation related injuries that occur while its employee is assigned to work under a contract. In the event of a employee injury, the City’s representative will immediately notify the awarded agency and the user Department’s Workers’ Compensation representative of the injury. The awarded agency is required to manage all work-related injuries once notified of the injury, the awarded agency’s designated on-call representative is required to immediately within (1) hour report to the medical facility where the employee is being treated and begin assisting the injured employee with obtaining the correct level of medical care necessary and completing appropriate related documents/forms. The awarded agency will also be required to provide a drug screen on the injured employee and submit the results back to the City’s representative. It is the responsibility of the awarded agency to establish the correct legal procedures and paperwork to all assigned employees regarding the requirement for a mandatory post-injury drug screen.

The awarded agency will be responsible for any injuries to its personnel, including all state and federal reporting and insurance requirements relating to the injured temporary employee. The City may require the awarded agency to provide updates on injured employees; the awarded agency will within 2 days of the request provide written updates to the Animal Services representative.

Start-Up Awarded agency may choose to offer employment to any or all personnel from the current contractor, if applicable, who chose to be employed by the awarded agency with the approval of

Dallas Animal Services, and agency understands that at the conclusion of the term of the contract or the termination of the contract by the City, the same opportunity must be provided to a successor agency without charge for the hiring by the new agency of any temporary employee who elects to continue a temporary assignment with the City. The required hiring process must be followed regarding all such transition employees.

Sub-Contracting If the awarded agency proposes using a sub-contractor to provide a portion of the Temporary employees, the awarded agency is responsible to the City for ensuring the subcontractor meets all the qualifications and requirements of these specifications. The City expects all temporary employees, whether from awarded agency or a subcontractor, to meet the same prime contractor requirements listed in these specifications, including but not limited to being paid a “living wage”, certification of having passed the hearing, background screening, drug screening and authorization to work in the United States, being properly attired, receiving any required safety equipment, following written and oral directions, having received safety training, having received training in the case of a medical emergency, etc. Prior to placing temporary employees through a subcontractor, the awarded agency must ensure that the subcontractor provides an insurance certificate that meets the same requirements of the specifications to the City for approval. The City reserves the right to make a final determination on the usage of any subcontractor.

Subcontractor temporary employees will report to a work location designated by the City Representative.

If the awarded agency is unable to fulfill a specific request within the allotted time they will be in breach of contract and the contract may be terminated if the problem is not corrected in the allotted time. The awarded firm must notify the City any time a laborer is placed who is employed or under contract by a sub-contractor instead of the awarded firm. The awarded agency remains ultimately responsible for the performance of any and all Temporary employees provided by agency and any approved subcontractor.

A contract meeting between the awarded agency and the City may be scheduled to take place once each month from the inception of the contract until completion. Additional meetings between the City and the awarded agency may occur based upon the needs of the City.

Contract See attached sample contract.

V. Award Method

The City’s intent is to award this solicitation by group, 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.

The 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 the award.

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

Invoices shall be submitted monthly 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

• Group 1 (Animal Boarding) Invoices will list all animals in care during the billing period.

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.

If more than 40 hours are worked by any employee, a copy of the City’s approval for overtime must be included. Sub-contractors should bill and receive payments from the awarded firm. The City will not pay subcontractors directly. Laborers supplied by a sub-contractor must use the awarded firm’s timecards.

VII. Evaluation Criterion

1. Cost - 30 points

• Is defined as the amount of money proposed for the requested services.

2. Experience and Capabilities – 25 points

• Proposing agency should have been in the business of providing transport and/or boarding services preferably for a minimum of 2 years. Proposals should include a letter of demonstrated experience in the field of providing veterinarian services which should be supported by verifiable references.

3. Availability and Responsiveness- 25 points

• Proposers should demonstrate the ability to respond promptly and professionally to urgent short notice need of accepting animals, including weekends or holidays if part of emergency operations.

• Transport providers must be available for scheduled and emergency pickups with a response time of within 24 hours of request.

4. Animal Welfare & Care Standards – 15

The City of Dallas will evaluate vendors on their demonstrated ability to ensure the highest standards of animal welfare during both transport and boarding. The evaluation will consider the following:

• Adherence to humane handling practices.

• Boarding facility conditions (cleanliness, ventilation, enrichment, exercise).

• Staff training in animal care, handling, and emergency procedures.

5. Local Preference Program – 5 points

• The City of Dallas aims to maximize economic return in the procurement of goods and services with the Local Preference Program. The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents. 5 points will be awarded to those Suppliers that qualify for the Local Preference points on a pass/fail basis. Supplier shall fill out the Local Preference Affidavit to be eligible for Local Preference points.

VIII. Transition At the end of the Term or if the Contract is terminated by the City prior to the expiration of the Contract, the awarded proposer shall transition the services in a cooperative manner to the successful proposer approved by the City Council at the expiration date of the term of the Contract or on an earlier termination date. The transition shall be seamless without any break in services, and Contractor shall fully cooperate to make certain that this occurs.

IX. Documents Submitted with Proposal or upon Request

1. Business Information Form (OPS-02)

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

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

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

5. Living Wage Affidavit (OPS-3)

6. Local Preference Affidavit (OPS-2145)

7. Sample Contract with markups

8. Any other City documents as required

X. Opening of Proposals

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

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

XI. 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.

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.

XII. 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 although those costs were actually incurred.

XIII. Insurance and Bonding Requirements

Insurance: 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.

XIV. 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.

XV. 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.

XVI. 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, hard copy submittals are not permissible.

XVII. Confidentiality Any information deemed confidential shall be clearly noted as such on each page of the solicitation response. The 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 https://dallascityhall.bonfirehub.com/login 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.

XVIII. 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

XIX. Permits Required by Law The contractor shall comply with all requirements of federal, state, and local statutory requirements and regulations pertinent to or affecting any phase of this contract.

XX. 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.

XXI. 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.

XXII. 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.

XXIII. Termination

The City may terminate this agreement in whole or in part by giving thirty days written notice thereof to the Contractor. The City will compensate the 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.

XXIV. 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.

XXV. 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, or 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)

XXVI. 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.

XXVII. 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. Contractor’s bidding/proposal 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 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.

XXVIII. 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.

XXIX. Wage Floor Compliance Requirements

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be considered responsive. The City may request that Contractors, at any time during the pre- or post-award process, demonstrate compliance with the wage floor requirement.

Contractors not compliant with the wage floor requirement will be deemed 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.

XXX. 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 a 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.

XXXI. Development Costs

Neither the 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.

XXXII. 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.

XXXIII. 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.