Specifications

City of Dallas

Request for Bids (RFB)

Project Title: Drug and Alcohol Testing

Buyer Solicitation Number: BY26-00029583 http://www.dallascitynews.net/

I. Introduction, Purpose and Intent

These specifications are intended to set forth requirements for a sixty-month ID/IQ service price agreement to provide controlled substance and alcohol testing services for the Dallas Police

Department. An ID/IQ term agreement is established when quantities of goods or services and/or delivery schedules cannot be determined. Goods or services shall be ordered on an as needed basis for the term of the agreement.

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

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

III. Bid Submittal Requirements

To be considered responsive, bid response must be submitted electronically

(https://dallascityhall.bonfirehub.com/login.) by the due date and time indicated in the solicitation. All bidders submitting bids through the electronic bidding system shall scan and upload a copy of their $100.00 bid security (sealed bid bond, certified check or cashier’s check) as an attachment to their electronic bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the city’s purchasing agent upon request. Bid security shall be delivered to: Office of Procurement Services, 3rd floor, Dallas City Hall, Room 3FN, Dallas, Texas 75201. The bid security of recommended bidders will be retained until such time as the awarded bidder has executed the contract. If the awarded bidder fails to execute and deliver the contract within ten (10) days after the notice of award, City may annul the notice of award and shall be entitled to make a claim against the bid security. The bid security of recommended bidders will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended bidders will be returned.

The following documents should be submitted with your bid:

- Copy of Bid Security ($100.00)

Bids will be considered only from bidders who have been established in the business of providing alcohol and drug tests for at least three (3) years.

https://dallascityhall.bonfirehub.com/login

IV. Local Preference

The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents.

Request for Bids

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

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

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

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

V. Scopes of Work

1. Scope of Work for Dallas Police Department Drug and Alcohol Testing

The City of Dallas is committed to protecting the public and our members from the effects of illegal drug use or abuse of controlled substances and/or alcohol. Therefore, it is the policy of the

City that all uniformed members of the Dallas Police Department undergo random testing for illegal drug use, and controlled substance abuse. This testing is to ensure that members of Dallas

Police Department who are in positions that can impact public safety are not impaired either physically or mentally by substance abuse. Supervisors may also request alcohol and controlled substance testing when the supervisor has reasonable suspicion that a member is under the influence of alcohol or controlled substances.

Members of Dallas Police Department will be tested under these situations: (1) randomly and (2) reasonable suspicion. Both alcohol and controlled substance testing will be conducted under reasonable suspicion. These alcohol and controlled substance testing programs will be administered through the Police Department under the supervision of the Police Chief’s designee, the office of Internal Affairs.

A. Random Testing: Roughly 4,000 employees will be tested over a five (5) year period, with approximately 15 screened per week. Only employees who are in an “on duty” status will be tested. The random drug testing program will be administered through the Random Drug

Testing Team of the Internal Affairs Division.

The contractor will be responsible for executing and maintaining the random selection program.

These procedures include, but are not limited to, random selection of sworn employees to be tested, approved collection procedures, laboratory analysis, quality assurance and control, review of records and reporting of test results, and maintenance (storage) of positive specimens.

The Dallas Police Department will provide the selected service provider with a monthly list of all sworn employees. The selected service provider will generate and supply a random pool list of all sworn employees to be tested in the following quarter. All sworn employees who are currently of non-competitive appointed rank or assigned to specialty units shall comprise of a separate pool for the purposes of selection for random testing. The lists shall be provided to the

Dallas Police Department by 3 p.m. on the fifth business day of the first month of every quarter.

Sworn employees who are summoned to provide a urine specimen for analysis will remain at the contractor’s collection facility, in view of collection personnel until an adequate sample can be produced.

B. Reasonable Suspicion Testing: A supervisor who has reason to suspect a member is under the influence of alcohol or controlled substances and consequently judges the member unable to safely or effectively perform their duties shall initiate the process for testing based on

“reasonable suspicion".

For individuals tested for reasonable suspicion of drug or alcohol testing, the department representative will contact the contractor to coordinate which test to administer. The contractor must be able to meet department personnel to perform an alcohol test and/or observed specimen collection by the same gender within one hour of the phone call.

The alcohol testing will be performed by utilizing a breath-testing instrument, which is listed on the Department of Transportation’s' Register for meeting the criteria for

"evidentiary devices." The breath-testing instrument shall print the results of the test. The successful contractor will provide the breath-testing instrument.

The Contractor will be responsible for testing and calibrating these instruments according to the manufacturers’ recommendations. The successful contractor will maintain records substantiating this information.

Collectors will screen each subject according to the testing instrument manufacturer's instructions. Any reading of .02% or higher will result in a positive reading and will require the subject to be tested further. A retest will be taken 15 minutes after the first test. The collector will calibrate the testing device prior to the second test.

Collectors will immediately notify the Internal Affairs designee during regular business hours (8:00 a.m. to 5:00 p.m.) and the Division Commander of the Internal Affairs

Division or Designated Employer Representative (DER) after business hours, of an alcohol screen reading of .02% or higher. Any reading of less than .02% will indicate a

"negative screen for alcohol." Any confirmation after the initial positive test less than

.02% will indicate a “negative" result.

Cut-off levels to be used when screening and in confirming positive screening specimen, the classes of drugs listed will be:

DRUG DPD

Drug Screen

Detection Limit

GC/MS (Ng/ml) Detection Limit

Amphetamines 1000 ng/ml 150 ng/ml

Amphetamines

Methamphetamines

Barbiturates 300ng/ml 150ng/ml

Phenobarbital

Butalbital

Butobarbital

Amobarbital

Pentobarbital

Secobarbital

Benzodiazepines 300ng/ml 150ng/ml

Nordiazepam

Oxazepam

Lorazepam

Temazepam

Cocaine Metabolite(s) 300ng/ml 150ng/ml*

Methadone 300ng/ml 150ng/ml

Methaqualone 300ng/ml 150ng/ml

Opiates Metabolite(s) 2000ng/ml** 2000ng/ml

Morphine

Codeine

Phencyclidine (PCP) mile ng/ml 25ng/ml

Propoxyphene 300ng/ml 150ng/ml

Marijuana Metabolite 100ng/ml 15ng/ml***

Reporting and Records:

Maximum time to report on test results shall not exceed two working days for the Initial

Comprehensive Drug Screen (EMIT) and four working days for confirmation by Gas

Chromatography/Mass Spectrometry (GC/MS). Results will be sent to the Respective

Department Contract Manager. Working day is defined as any weekday, Monday through

Friday, excluding City Holidays, which are: Christmas, New Year’s Day, Martin Luther King

Day, President Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Indigenous

Peoples’ Day (Columbus Day), Veterans Day, Thanksgiving Day and the Day after

Thanksgiving Day.

Must provide monthly, quarterly, and annual activity and summary reports, which identify how many employees were serviced, the number and type of tests performed and the results of the tests, types of complaints, and type of corrections, the number of employees turned away from location and reason for doing so. Quarterly and annual reports shall be available on request.

Contractor shall identify and maintain a comprehensive record of potential charge-backs on a monthly and quarterly basis.

Must provide assistance with special reports required for outside agencies, such as the

Department of Labor.

Successful contractor agrees to provide access to records that may be required in the preparation of special reports. The City agrees that bidder will have as much prior notice as possible.

Must provide data and results in electronic form (online access and electronic transmission) of required testing when requested.

Provide the department with online access and electronic transmission of drug and alcohol testing results with appropriate security.

Provide the department with an online method to approve and track the testing of employees who visit the successful contractor.

Successful contractor shall ensure all required documentation that demonstrates compliance with the requirements and regulatory obligations cited in this document is maintained and available to the City within 48 hours of the request.

Successful contractor shall retain samples of urine/blood specimens for a period of five years if the urinalysis or blood analysis denotes "POSITIVE." The term "positive" denotes detection of a drug by (a) Initial Comprehensive Drug Screen (EMIT) and (b) Confirmation by Gas

Chromatography/Mass Spectrometry (GC/MS). Records of the results of test will be maintained by the laboratory for a minimum of five years.

Additional Contractor/Subcontractor Responsibilities:

Collect "split specimens." The term "split specimens" denotes the collection of two separately maintained samples of urine per employee. The sample will be given in a container large enough to collect 100 ml. After the sample has been given, contractors' personnel will then observe the tested subject pour half the urine sample into a 50ml container. The contractor will perform a urinalysis on one sample only. Pending results will determine further storage of these samples.

Negative results will allow immediate disposal of both samples. Confirmed, verified positive results will allow employee to follow departmental policy for screening of the second specimen by an alternate laboratory. The contractor will provide transport for the second specimen to an alternate SAMHSA - certified laboratory following appropriate chain of custody procedures.

Contractor provides the Random Drug Testing Team with a current listing of alternate laboratories with the bid submittal or as any changes are completed for the duration of the contract.

Contractor MUST provide specimen collection 24 hours a day, seven days a week

(including holidays) at an easily accessible Contractor’s collection facility located within the City limits of Dallas

Provide a closed cubicle for tested subjects to use during the voiding of the urine specimen.

Male and female specimen collection containers (plastic) will be provided (contaminant free) by the performing laboratory. Appropriate labeling and security tape will also be provided.

At the time of collection, the test subject will initial and date each container after the security tape has been affixed to the two specimen containers.

Provide appropriate security measures to prevent specimen tampering at the test site. This will include bluing of toilet water, cutting-off or securing the available water supply, and the use of temperature strips. The tested subjects will wash their hands, remove any layered clothing, empty their pockets, and will not carry any items into the cubicle. The tested subjects will remain at the collection location in view of collection personnel until a urine specimen is produced. If for any reason, the contractor has evidence of an adulterated, altered or tampered specimen during collection, appropriate documentation will be generated and immediate notification of such will be made. "Tampering" includes, but is not limited to, the production of an outside specimen, the tampering of an original specimen or if the temperature of the specimen falls outside the normal temperature range.

Dallas Police Department notification will be made to the Random Drug Testing Team, or the Division Commander of the IAD (Internal Affairs Division) during regular business hours (8:00 a.m. – 5:00 p.m.) and to the Designated Employer Representative (DER) or the

Division Commander of IAD after business hours.

Assume responsibility for specimens and will initiate a secure and well-documented chain of custody from the time the specimens are collected at the specified location, to the final disposition of the sample. Such chain of custody will ensure the security of each specimen and the integrity of each test result. The Chief of Police or designee shall approve the proposed chain of custody.

Provide that each specimen will be individually tested to preserve the integrity of the system.

"Groupings" of urine specimens to perform tests will not be allowed.

Provide a Medical Review Officer (MRO) who is a licensed physician with knowledge of substance abuse disorders. The maximum time to report on test results from the MRO shall not exceed seven working days. The MRO must have training associated with or recognized by

SAMHSA. The MRO shall be a Board-Certified Toxicologist (Board Certified through

Professional Organizations), preferred, but if not available, minimum three years of experience with full time drug screening. MRO’s office must be within a 20-mile radius of Dallas City

Hall, 1500 Marilla, Dallas, TX. The maximum time to report on test results from the MRO shall not exceed seven working days.

The MRO must not have any other financial interest, either direct or indirect, in any agreement with the City of Dallas. If the MRO is related to a city employee, either by marriage or by consanguinity, such relation must be disclosed in writing together with the bid.

The selected service provider and affiliate (if applicable) agree to provide expert witness testimony for any litigation, personnel hearing, or personnel appeal that may occur because of a positive drug or alcohol screen. Any financial remuneration to the expert witness

(including MRO) is the selected service provider’s responsibility.

The MRO will review and interpret confirmed positive test results obtained through urinalysis.

The MRO will examine alternate medical explanations for any positive test result. This action will include conducting a medical interview and review of the individual's medical history, or review of any other relevant biomedical factors. The MRO will review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. Only samples obtained during a random test conducted by the successful contractor will be considered.

Contractor agrees to abide by the Confidentiality of Data referenced below and it shall be made a part of this agreement:

Confidentiality of Data: No reports, information, data or any other documentation developed by, given to, prepared by or assembled by CONTRACTOR under this contract shall be disclosed or made available to any individual or organization by CONTRACTOR without the express prior written approval of the Chief of Police or designee.

Successful contractor and/or subcontractor agrees to provide expert witness testimony for any litigation, personnel hearing or personnel appeal that may occur as a result of a positive drug or alcohol screen. The financial remuneration to the expert witness (includes MRO) is the responsibility of the service provider.

VI. After-Hours Requirements

The selected vendor must provide after-hours testing (7:00 p.m. to 7:00 a.m.) on an as-needed basis in accordance with specification requirements.

VII. Communication

It is essential that the awarded vendor respond clearly and quickly after receiving a telephone call or email from the City. Written correspondence from the City shall be answered via email within twenty-four (24) hours. The successful contractor shall respond to emails from the City within two (2) hours of receipt. Telephone messages left to the awarded vendor by the City’s representative shall be responded to within FIFTEEN minutes.

VIII. 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.

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.

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

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. Suppliers who fail to follow these instructions risk having the contract with the City cancelled.

X. Performance Measures and Contract Management

For applicable groups, the performing laboratory to ensure the quality and reliability of all test results shall implement an extensive Quality Control System. A minimum of ten percent (10%) of all specimens tested will contain both "spiked" and duplicated samples to ensure the accuracy of all reported results. Documentation of such Quality Control Systems will be furnished to the respective departments upon request. Procedures for Transportation Workplace Drug and

Alcohol Testing Programs

Overview of 49 CFR Part 40, otherwise referred to as Department of Transportation (DOT) Title

49, Part 40, can be found at: http://www.dot.gov/odapc/part40

Contractors/Subcontractors Responsibilities:

Bidders must provide the name and address(es) of a subcontractor facility to be used in the event of unforeseen circumstances wherein the bidder is unable to perform testing, collection, analysis and/or meet deadlines at the primary facility. The subcontractor’s facility must conform to the standards, methods and procedures specified in this document and in DOT Title 49, Part 40. In no event, however, shall the successful contractor be relieved of its responsibilities to perform under the contract, even though the services may be performed by a subcontractor. The bidder will be responsible for any additional costs incurred for such a necessity.

The successful contractor and subcontractors (if applicable) must have sufficient personnel, forms, equipment, facilities, supplies, analytical instruments and apparatus suitable for performing the requirements of the specifications, contract and DOT Title 49, Part 40 and capable of performing the given work load at the times and days stipulated.

The City of Dallas reserves the right to perform physical inspections of the contractor's facilities, collections, laboratories and subcontractors’ facilities at the City's discretion, before and after the award of the contract.

The successful contractor may utilize an outside laboratory on a contractual basis provided that the laboratory meets certification and other requirements designated in DOT Title 49, Part 40 and the name and address of the facility are made known to the City of Dallas in the suppliers' bid, the facility is registered as a city vendor and the City of Dallas has approved such facility.

Payment to subcontractor(s) is the responsibility of the awarded contractor.

XI. Special Requirements

Conduct alcohol testing and urine specimen collections in accordance with Code of Federal

Regulations (CFR) DOT 49: Transportation, Part 40 – Procedures for Transportation Workplace

Drug and Alcohol Testing Programs.

Contractor MUST provide alcohol testing and specimen collection 24 hours a day, seven days a week (including holidays) at an easily accessible contractor’s collection facility located within the Dallas city limits.

Maintain certifications, conduct training, utilize personnel and ensure testing and collection sites in accordance with DOT Title 49, Part 40. This includes but is not limited to certification by the

National Institute of Drug Abuse (NIDA), Substance Abuse and Mental Health Service

Administration (SAMHSA) of the United States Department of Health and Human Services

(HHS). Bidders must submit a copy of their certification with the bid to be considered for award. Failure to maintain certification may be cause for termination of contract.

Drug testing and all comprehensive procedures will be conducted in accordance with DOT Title

49, Part 40 (Including Subpart F - Drug Testing Laboratories) using drug testing laboratories certified by the HHS National Laboratory Certification Program (NLCP).

A Medical Review Officer (MRO) meeting the requirements and following the procedures in

DOT Title 49, Part 40 (Including Subpart G – Medical Review Officers and the Verification

Process). The MRO will be available to the Department to provide information, written statements or to testify in any hearings or litigation that might arise regarding any tests, testing procedures or results. (Financial remuneration for expert witnesses, including the MRO is the responsibility of the service provider/contractor).

The bidder shall submit the following with the completed bid form:

A. Organizational Description and Information: A short written narrative describing the bidder's organization, facilities and experience for providing laboratory services twenty-four (24) hours per day, 365 days per year.

B. Personnel: Urine collection personnel, alcohol testing personnel, Medical Review

Officers, substance abuse professionals and service agents will be certified, trained and follow procedures in accordance with DOT Title 49, Part 40. Bidder must submit in its bid response the names of personnel, laboratories, companies, etc. that may be working on the Dallas Fire-

Rescue project, with their respective resumes which describes their education background, prior experience and proof of license and accreditation by the State of Texas or the Federal

Government.

C. Bidders' ten largest reimbursing clients to date.

D. Average monthly value of tests and analyses processed over the past 12-month period.

E. Average annual billable over the past three years.

Alcohol Testing and Urine Specimen Collection and Testing:

Alcohol Testing (including screening and confirmation tests), personnel (STT/BAT), testing sites, security, integrity, forms, equipment and supplies will all be inclusive in the bid and in accordance with DOT Tile 49, Part 40.

Urine collections, split specimens, collection personnel, collection sites, security, integrity, forms, equipment, supplies and laboratory testing will all be inclusive in the bid and in accordance with DOT Tile 49, Part 40.

A. In specimens where initial testing may be non-negative, cancelled, insufficient, etc. or indicate tampering, dilution or adulteration, additional observed testing will be performed in accordance with DOT Tile 49, Part 40 and the cost will be included in the initial testing cost.

Additional Requirements Applicable to Dallas Police Department:

1. Initial Comprehensive Drug Screen using the Enzyme Multiplied Immunoassay

Technique (EMIT) method.

2. Confirmation of positive EMIT analysis using the Gas Chromatography/Mass

Spectrometry (GC/MS).

3. Confirmed positive for morphine will require:

1. Physical exam by MRO

2. 6-Monacetyl Morphine Test

4. Provide specimen collection at an easily accessible Contractor’s collection facility 24 hours a day, seven days a week (including holidays). This facility MUST be located within a 20-mile radius of Dallas City Hall, 1500 Marilla, Dallas, TX. A private waiting room will be provided for tested subjects. Parking facilities will be provided for personnel who report to the collection site.

5. Provide a time clock to mechanically record the arrival time of tested subjects, as each will have one hour on which to report for screening. Should the selected subject fail to report for screening, the performing firm will notify the Police Department Random Drug

Testing Team, or the Division Commander of the IAD (Internal Affairs Division).

6. Provide a list of selected subjects who failed to respond for screening. This information will be provided on a daily basis to the Police Department Random Drug Testing Team.

7. Dallas Police Department reserves the right to audit the testing procedures before and after award of this contract.

8. For all tested subjects from Dallas Police Department the performing firm will provide a secure metal locker (with lock) large enough for weapons and personal items of the tested subjects immediately adjacent to the collection area. The tested subjects will be responsible for securing all items in the lockers and will be given the key to their corresponding locker.

9. Negative results will be provided to the Police Department Random Drug Testing Team.

Upon a confirmed positive screen, during normal business hours, the performing firm/laboratory will immediately notify the Police Department Random Drug Testing

Team, the Commander of the IAD (Internal Affairs Division) or designate. During non-business hours, the Commander of the Communications Division will be notified.

10. Guarantee a maximum wait time of one (1) hour for drug screening procedures.

a. Due to the public safety nature of their jobs, ensure DPD employees are given priority wait times.

b. Wait time shall be defined as the time elapsed between when the DPD employees arrive and check into the clinic and when they receive service.

XII. Documents Submitted with Bid 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. Office of Business Diversity Pre-Bid/Proposal Form (OBD-FRM-623)

5. Living Wage Affidavit (OPS-3)

6. Any other City documents as required

XIII. Opening of Bids

All bids shall be in the office of the Office of Procurement Services Department no later than the bid due date and time shown on the Request For Bid.

Bids will be opened by the City at 2:00 p.m. the day following the due date. Bids will be publicly opened in compliance with public bid opening statutory requirements.

XIV. Review of Bids

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

2. The City may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the bid.

3. Please be aware that the City of Dallas may use sources of information not supplied by the bidder concerning the abilities to perform this work or meet the minimum requirements. Such sources may include current or past customers of the organization; current or past suppliers;

articles from industry newsletters or other publications or from non-published sources made available to the City of Dallas.

XV. Bid Pricing

1. Bid pricing shall be firm for the entire contract unless otherwise stated herein. The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the Contract.

2. Costs not included or calculated in the applicable unit prices as bid will not be paid by the

City, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred.

XVI. 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 and agrees to the indemnification agreement therein and required performance and payment bond.

XVII. Rejection or Acceptance of Bids

1. This RFB does not commit the City to award a Contract. The City reserves the right to reject any or all bids, to waive technicalities or irregularities, and to accept any bid it deems to be in the best interest of the City. The City shall not be liable for any costs incurred by any company responding to this RFB.

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

XVIII. Late and Withdrawn Bids

Bids are required to be submitted electronically using the City procurement website https://dallascityhall.bonfirehub.com/login. The system will not accept submittals after the due date and time and hard copy submittals are not permissible.

XIX. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Bidders will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a bid that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the bid “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open

Records Act to inspect information designated as trade secret or confidential in a bid, the bidder shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

XX. Disqualification of Bidders

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

• Reason to believe collusion exists among the bidders

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

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

XXI. 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.

XXII. 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.

XXIII. 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.

XXIV. 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 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.

XXV. 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.

XXVI. Miscellaneous

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

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

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

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

5. A bid may be disqualified if the corporation or individual bidder is in arrears or in default to the City for delinquent taxes or assessments or on any debt or Contract, whether as defaulter or bondsman; or who has defaulted upon any obligation to the City by failing to perform satisfactorily any previous agreement or Contract within the past seven years. Also, bidders may be disqualified for poor prior performance on similar Contracts with other entities.

6. The Contract with the Contractor will be drawn by the City and may contain such other provisions as are deemed necessary to protect the interests of the City.

7. The Contractor agrees to abide by the rules and regulations as prescribed herein. The

Contractor will, in all solicitations or advertisements for personnel to perform services under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

8. If either party hereto is prevented from completing its obligations under the Contract by act of God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of the parties hereto, then such party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

9. The section headings in these Specifications are for convenience in reference and are not intended to define or limit the scope of any of the conditions, terms or provisions of these specifications.

10.Should any question arise as to the proper interpretation of the terms and conditions of these specifications, the decision of the City Attorney or his authorized representative shall be final.

XXVII. Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER

PROHIBITED

(a) No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall thereby forfeit the city official’s or employee’s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

(b) The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

(c) The prohibitions of this section shall not apply to the participation by city employees in federally-funded housing programs, to the extent permitted by applicable federal or state law.

(d) This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

(e) This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area

Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop.

No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and 9) 11HAPTER

XXII.1

XXVIII. Indemnity

The selected bidder agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected bidder, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the

City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected bidder(s) and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XXIX. Wage Floor Rate Requirement

1. On November 10, 2015, the Dallas City Council passed Resolution 15-2141 which requires prime contractors, awarded general service contracts valued greater than $50,000, and first-tier subcontractors on the contract to pay their employees rendering services on the contract a wage floor of not less than $23.06 per hour.

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

November 10, 2015. Contractors bidding/proposing on general service contracts shall take into consideration such wage floor requirements in their bid/proposal. The wage floor requirement for the City of Dallas’ general service contracts shall be derived from the most current Massachusetts Institute of Technology Living Wage publication and shall remain fixed for the term of the respective contract. The City reserves the right to audit such contracts for compliance with the wage floor requirement as mandated by Resolution 15-

2141. This requirement does not apply to construction contracts in which prevailing wage of employees is governed by the Davis-Bacon Act as defined in the Texas Local Government

Code 2258, purchase of goods, procurements made with grant funds or procurements made through cooperative and/or inter-local agreements.

3. The purpose of this policy is to promote an acceptable wage floor for working families in the

City of Dallas, increase the level of service delivered to the City through specific contracts and reduce turnover in such contracts thus maintaining a continuous and consistent level of service for vested parties.

4. The City Manager shall use the following definitions to administer the benefactors of the

“wage floor” for purposes of the referenced resolution:

• "City" means the City of Dallas, Texas.

• "General Services Contract" means any agreement between the City and any other

Person or business to provide general services through an awarded City contract valued greater than $50,000. A General Services Contract for purposes of the

Resolution does not include (i) a contract between the City and another governmental entity or public utility, (ii) a contract subject to federal or state laws or regulations that would preclude the application of the application of the wage floor, (iii) or a contract with all services under the contract performed outside of the City of Dallas.

• "Subcontractor" means any Person or business that has entered into its own contract with a prime contractor to perform services, in whole or in part, as a result of an awarded City general

• "Employee" means any person who performs work on a full-time, part-time, temporary, or seasonal basis, including employees, temporary workers, contracted workers, contingent workers, and persons made available to work through services of a temporary services, staffing or employment agency or similar entity.

XXX. 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.

XXXI. 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.

XXXII. Development Costs

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

XXXIII. Contract Award

The City reserves the right to award this bid to the lowest bidder(s) by line, group, in its entirety, or in a manner that is most advantageous to the City. By submitting a bid, the bidder agrees to be bound by these terms and conditions unless otherwise noted herein. The final contract is subject to City Council approval.

XXXIV. Certificate of Interested Parties (Form 1295)

All suppliers recommended by City staff for a contract pursuant to this RFB will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete

Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended.

Vendor will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm , and submit a copy to the buyer before the contract information will be sent to the City Attorney’s

Office to draft the contract. Once the terms of the contract are fully negotiated; the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form 1295 is on file at the Texas Ethics Commission website with a copy provided to the buyer; the staff recommendation will be placed on a City Council agenda to award the contract.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm