4-01- Specifications.pdf

City of Dallas

Request for Competitive Sealed Proposals

(RFCSP)

Project Title: General Marketing and Photography

Videography Services

Buyer Solicitation Number: BDZ25-00028165 http://www.dallascitynews.net/

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas (City) is soliciting proposals to establish a sixty (60) month Indefinite

Delivery/Indefinite Quantity (ID/IQ) service price agreement with a firm to provide (1) marketing and communication services and (2) photography and videography services to support

City initiatives. The agreement may be awarded to one vendor capable of delivering all requested services or to multiple vendors, each specializing in one or more areas, as determined to be in the best interest of the City.

An ID/IQ agreement is established when quantities of services and/or delivery schedules cannot be determined.

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. Proposal Submittal Requirements

The proposal shall be divided into tabbed, marked sections and shall include but not limited to information in the format as described in this section. Please follow exactly the requirements for the responses. It is the responsibility of respondent to provide all required materials in the required form and format. Responses that are not in the required form and format will not be considered.

1. Company Profile

a. Name of the business, contact person, and contact information: Provide address, telephone, mobile telephone number, fax number, e-mail address, and web address, as applicable.

b. Statement of ownership: Describe the type of business entity (sole proprietorship, corporation, LLC, or other), and list the majority and minority owners.

https://dallascityhall.bonfirehub.com/login

c. List of subcontractors. If applicable, provide company name, contact person, address, and telephone number, and intended percentage of work to be performed by any subcontractor.

2. Letter of Transmittal

The letter of transmittal must include the following: clearly identify the submitting organization; identify the name and title of the person authorized by the organization to contractually obligate the organization; identify the name, title and telephone number of the person authorized to negotiate the contract on behalf of the organization; identify the names, titles and telephone numbers of persons to be contacted for clarification; identify the tax identification number; explicitly indicate acceptance of all the conditions stated in this solicitation; and be signed by the person authorized to contractually obligate the organization.

3. Proposed Team

Responding firms shall provide current resumes for each principal, and each of the other staff members that the firm intends to include on its team. Resumes should address educational background, work experience, and professional affiliations. The

Vendor selected must have the capacity to handle all work orders submitted, begin work immediately upon their receipt, and provide a reasonable and efficient turnaround time.

4. Qualifications

• Summary of the company founding and history

• Total number of current employees and number of employees that will be dedicated to the City of Dallas

• Description of the different type of service areas that are available

• Summary and copies of awards or other forms of recognition

5. Experience

Responding firm shall include a list and brief description of at least 5 major projects that the respondent and/or team member(s) successfully delivered within the past three (3) years. For each project, provide the following:

• Detailed description of project

• How the results and effectiveness were measures

• Name of agency and reference contact information

• Description of respondent's role in each project

• Completion date of service

• Overall project value and whether the project was completed within budget

• The fee for the services provided

6. Approach

Approach represents the quality and professionalism of the scope of services in the

RFCSP proposal. Vendor’s proposal shall include, in narrative, outline, and/or graph form the Vendor's approach to accomplishing the tasks outlined in the Scope of Work section of this RFCSP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

7. References

Responding firm shall provide letter of reference from 5 clients where the firm has rendered similar services to a similar client in size and scope. Information should include primary contact telephone number and email address. Responding firms that do not provide reference information may not be considered for award.

IV. Specifications or Scope of Work

Under this agreement, the selected vendor(s) will:

• Develop and manage evidence-based, broad-reaching media campaigns aligned with the

City’s strategic priorities.

• Place and purchase media across various channels.

• Create public service announcements and messaging as needed.

• Track and report on campaign effectiveness.

• Provide high-quality photography and videography coverage of City events and initiatives for promotional and public information use.

Group One

Marketing and Advertising Agency for Media Campaigns and Ad Placement

The City is seeking a marketing firm with proven experience in creating and disseminating content for marketing campaigns such as but not limited to, public messaging, educational initiatives, outreach communication, and with experience in procuring media for agencies similar in size and scope as the City of Dallas. Additionally, the contracted firm must have experience working with local government personnel and facilitating communication and data collection from multiple government agencies to successfully deploy various marketing and communication campaigns with each having their own complexities.

The successful proposer must meet and adhere to the following requirements:

Marketing Strategy and Account Service

• Provide strategic campaign support, including planning, development, and execution, multi-channel outreach, and branded material development when necessary.

• Serve as the City’s expert marketing advisor for the development and implementation of marketing strategies.

• Develop marketing plans focused on achieving the City’s marketing objectives, addressing the City’s different languages, access, and cultural needs.

• Create quarterly planning objectives and reporting for ensuring tactics initiatives are managed on time and within budget.

• Work with the City and community stakeholders to develop branding, marketing, and public relations strategies.

Creative/Copywriting/Graphic Design

• Develop creative elements for a campaign (including but not limited to brand/logo, creative themes to include colors, fonts, photography, and music).

• Create compelling visuals, messaging, and designs tailored to the City’s needs

• Provide graphic design and content development for digital, print, and collateral material, as requested and according to Americans with Disabilities Act (ADA) standards, City style guide and brand standards, and specifics of the project.

Public Relations

• Manage public relations resources to accomplish the objectives as described in designated marketing initiatives.

• Plan and coordinate media events as needed.

Email Marketing

• Design and develop special event promotions.

• Manage and maintain a special event distribution list.

Branding

• Advise the City regarding maintaining brand consistency and make recommendations for brand advancement.

• Adhere to current brand standards

Media Buy

• Serve as the City’s agent to procure media such as, but not limited to:

o Television o Radio o Social media o Paper media o Any other media necessary for City educational and outreach public campaigns.

• Propose ad buy commitments and advise on media buys.

• Research-based media placement and purchasing services that include television, radio, print, Internet, mobile, and out-of-home. This includes identifying opportunities and messages for local programming and monitoring of media buys and metrics-based measurement of effectiveness.

• The City will use the contractor to identify the best media outlet(s) that will render the best results for the marketing initiative, assist in defining the target demographics, assist the City with negotiating the best price and resulting contract. The City will pay for all media purchases and therefore the contract does not need to provide a markup for the purchase of media.

Potential Services:

Below is a list of deliverables and services that may be required to implement public awareness campaigns or to achieve other program goals. Proposers shall provide proof of ability to deliver the following services:

1) Propose, develop, and execute public awareness campaigns that include strategic planning, production and implementation of outreach materials and products, distribution strategies, and methods for measuring effectiveness. Awarded contractors and sub-contractor(s) should be able to plan and execute program participant recruitment.

2) Conduct research activities by collaborating with department(s) and/or other government agencies to identify, clearly define, and meet research needs and objectives. These activities may include reviewing survey instruments; conducting focus groups; discussion guides or questionnaires; market analysis; preparing professional concepts or storyboards to test with members of the target audience; applying research findings to overall communications and creative strategies; and other tasks as assigned by the contracting department. Awarded contractors may also be asked to conduct formative marketing research and assessment.

3) Direct mail (production of materials, fulfillment, and distribution).

4) Identify and recruit collaborators to help extend the outreach campaign in communities

5) Spanish, Vietnamese, and other translation services may be requested. All documents will be reviewed by the department prior to distribution.

Group Two -

Photography and Videography Services for City Events:

The selected vendor will be responsible for providing photography and/or videography services at various city events, including but not limited to outreach events, public meetings, ceremonies, and community programs. Services shall include:

• Pre-event consultation and planning with City staff to understand event requirements and objectives.

• On-site coverage capturing candid and posed photographs and/or video footage.

• Provision of all necessary equipment, including cameras, lighting, audio, and backup gear.

• Post-production editing and enhancement of photos and videos to ensure high-quality final deliverables.

• Delivery of digital files in agreed formats suitable for print, online, and broadcast use.

• Ability to provide expedited turnaround for urgent requests when necessary.

Potential Deliverables:

• High-resolution edited photographs (JPEG, TIFF, or other city-specified formats).

• Edited video footage (HD or 4K quality, in formats compatible with city’s media systems).

• Raw files upon request.

• An online gallery or secure digital repository for easy access and download by City personnel.

• Rights and licenses that allow the city unrestricted use of images and videos for official purposes.

Photography and Videography Proposals should include the following:

• Company profile and relevant experience in event photography and videography.

• Samples of previous work, particularly for municipal or public sector clients.

• Detailed description of equipment and technology to be used.

• Staffing plan, including qualifications of photographers/videographers assigned.

• Pricing structure (hourly rates, package options, additional costs).

• Ability to meet turnaround times and deadlines.

• References from past clients.

V. 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.

VI. 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.

VII. Evaluation Criterion

1. Experience –----------------------------------------------------------------------35 points

Demonstrate experience in (1) developing, facilitating, and supporting implementation of communications, outreach, and marketing strategies and initiatives of similar size and scope as the City and/or (2) photography and videography services of similar size and scope as the City (please provide the names of current clients and the number of years that you have been providing services for each).

Specific qualifications proposer has regarding experience in communications, outreach, and marketing consulting and support services for local government entities, including work product of institutions doing similar work as the City.

Demonstrate the capability and successful past performance of the firm with respect to producing high quality services, maintaining good working relations for services of the required in this solicitation.

• Proposer shall clearly define its in-house capability and capacity to perform the work identified in the solicitation.

• Include an organizational chart, which identifies key personnel that would be assigned to the City's account and their particular roles in furnishing the services required under this solicitation.

• Describe how the team will be organized to deliver the services defined in this solicitation.

• Provide brief resumes for each key personnel. The resumes must clearly specify the number of years the individual has been providing the type of services as described in this solicitation.

• Provide a brief description of their unique qualifications, experience and education as it pertains to services of the type and kind required in this solicitation.

2. Approach –---------------------------------------------------------------------------- 30 points

A detailed explanation shall be included to understand how the services comply with the requirements of this solicitation. The City intends that each proposer provide a detailed and comprehensive description of all services that the proposer provides if it enters into a contract pursuant to this solicitation.

This section should describe and discuss your proposed approach and methodology in providing the services of the type and kind required in this solicitation.

• By reading the proposed approach and methodology overview, the City must be able to gain a comfortable grasp and clear understanding of the level of services to be provided and the methods proposed by the firm to provide them.

• Describe in detail the project approach and methodology in planning for, managing and implementing a project of this size and scope.

Submit a sample work plan with key dates and milestones. Provide a detailed implementation plan with projected start and end dates of completion for each task from delivery of service to the City.

• List any required City resources or expectations needed in order to meet the proposed timeline.

• Proposer shall clearly define its in-house capability and capacity to perform the work identified in the solicitation.

Response must describe the various technologies, tools, methods, and technical expertise that proposer will provide to the City and/or that will be used in the delivery of the services and how that will be of benefit in the delivery of services to the City.

Describe Respondent's approach to assuring labor resource availability and timely completion of services for projects, including methods for schedule recovery.

3. Cost and Timeframe – ------------------------------------------------------------- 30 points

4. 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

VIII. Performance Measures and Contract Management

The City will have marketing needs from time-to-time throughout the term of this contract; the

City shall provide the successful contractor a general description of requirements, objectives, and outcomes. The contractor will be responsible for providing the City a scope of work detailing the contractor’s approach to achieve the City’s objective and expected outcomes for each project. As part of the requirement for each marketing initiative, the vendor shall:

Initial General Project Expectations

• City will communicate with contractor for a new project with an expected deadline.

• Contractor will submit a detailed and complete Scope of Work proposal within the timeframe requested by City leadership regarding a new project. Scope of work proposal will include (but not be limited to):

o Project Timeline - include a detailed account of the processes for each project, with projected timelines, per deliverables. This timeline must meet the City’s deadlines.

o Price Proposal - A detailed project budget for each assignment.

▪ Vendor will need to communicate with the City whenever the original price proposal needs to be updated, this could include major change orders in anticipation of the additional cost occurring from major change orders.

• Contractor will communicate proactively and provide feedback to eliminate unexpected or unplanned changes and misinterpretations with regards to Scope of Work, deliverables, budget, and other requirements outlined in each project.

Regular Check-In's

• Contractor will provide to the City weekly progress and budget reports for each project

(including measurable objectives with the submitted invoices), via email. Additional reports may be required, depending on the nature of the project or funding source requirements.

• Contracting department will provide input and final approval on all material for public viewing.

• Monthly campaign reporting to designated City contact regarding campaign analytics and statistics including but not limited to number of impressions, click through rates, and number of individuals reached.

• Copywriting appropriate for the medium, e.g., print, website, e-mail, video script, banner, brochure, and other deliverables. Copywriting must not have grammar and spelling errors and must clearly and succinctly convey campaign messages.

Project Close-out

• Contractor will deliver a comprehensive final report to the contracting department at the end of each project to document the results of the work performed, including results by project deliverable and industry-standard measurements of total audience reached though all media outlets utilized.

IX. Special Requirements

• Contractor shall develop, produce and market products (electronic information resources) that can be integrated into a comprehensive campaign. Electronic products (e.g. mobile apps, PDFs, Microsoft Word documents, text, videos, posted documents, etc.) must comply with all current federal, state, and contracting department’s accessibility, privacy, and security standards, rules and laws.

• Contractors must stay up-to-date and be knowledgeable about any future emerging technologies that will help fulfill the City’s marketing initiatives. Contractor will be solely responsible for the costs of correcting, remediating, and bringing into compliance any electronic information resources produced for this contract that are ultimately deemed to be out of compliance with the above standards, rules, and laws.

• Videos hosted within the respective City of Dallas websites must meet the City of Dallas video standards. Videos posted on campaign websites must be accessible as stated above.

• As part of an integrated campaign, outreach and public awareness (in the form of events, seminars, webinars, coalition development, meeting and other similar public engagements) shall be strategic and advance program goals, objectives, and action plan.

Contractor shall develop comprehensive campaign strategies (not just a collection of random tactics) designed to achieve specific results that align with the goals of the ordering department. Strategies must take into account prior strategies and activities and must leverage existing resources (materials, relationships and collaborations). Strategies should be sustainable, scalable, replicable, and fit within the allotted budget.

• Outreach and public awareness strategies, tactics, and activities shall demonstrate an understanding of the target audience at every step. Information and messages must have appeal and meaning for the particular target audience, motivate the desired change in attitude or behavior, and be disseminated through channels that effectively reach the audience.

• Outreach and public awareness strategies shall be developed and implemented to ensure effectiveness and achieve desired outcomes and will identify measurable objectives to be included in status reports and updates.

• Reporting campaign output measures: number of ads produced and/or adapted; number of ads with talent rights acquired, percentage population reached with relevant demographic data and reports on campaign outcome measures and effectiveness.

XVI. Documents Submitted with Proposal or upon Request

1. Business Information Form (OPS-02)

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

3. Statement of Insurability (OPS-04)

4. Local Preference Form (OPS-31)

5. Sample Contract with markups

6. Living Wage Affidavit (OPS-3)

7. OPS-FRM-640 -Team Make-Up and Local Workforce Form

8. Any other City documents as required

X. 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.

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. Vendor Presentations are anticipated to take place.

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.

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 regardless that those costs were actually incurred.

XIII. Insurance Requirements

The successful contractor will be required to purchase, within fifteen days of the 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 and hard copy submittals are not permissible.

https://dallascityhall.bonfirehub.com/login

XVII. 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.

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

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 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.

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, 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) 11

HAPTER XXII.1

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 $22.05 per hour.

2. Pursuant to Resolution 15-2141 the wage floor requirement for all general service contracts greater than $50,000 shall be effective immediately on all new contracts awarded after

November 10, 2015. 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.

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 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.

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 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 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.

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