5-01 - Feral Hog Control and Abatement Services - Scope of Work.pdf

City of Dallas

Request for Competitive Sealed Proposals (RFCSP) Project Title: Feral Hog Control and Abatement Services

Buyer Solicitation Number: BTZ25-00028917 http://www.dallascitynews.net/ http://www.dallascitynews.net/�

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas (City) is accepting proposals for a 5-year Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for trapping and the humane removal of feral hogs within City of Dallas properties. The primary goal is to establish an overall approach to the significant reduction or elimination of damage to property within the City because of feral hog activity. An ID/IQ 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-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 pre-proposal 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 pre-proposal meeting will be the only time when proposers and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Proposers may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically; the City will respond to all questions by way of 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

Minimum Qualifications:

1. Contractor shall have minimum of two (2) years’ commercial feral hog or large wild animal trapping service experience in an urban environment.

2. Contractor shall provide a minimum of three (3) verifiable references with similar services in scope. Reference information shall include contact information - Client Name, address, contact name with telephone number and email, service provided and dates of service.

3. Contractor shall have and submit with proposal current and appropriate licensure with the Texas Parks & Wildlife Department.

IV. Proposal Submittal Format

OUTLINE FOR RFCSP SUBMITTAL

https://dallascityhall.bonfirehub.com/login

• Cover Letter

• Table of Contents

• Signature Page

• Executive summary, company, location and facilities

• Qualifications of proposer & references

• Account management and quality assurance information

• Services offered – description, brochures, etc.

• Proposed project approach and implementation.

• City documentation as posted with the RFCSP

• Other information proposer would like to provide

COVER LETTER

The submission shall be transmitted with a cover letter signed by the submitting Proposer's authorized representative identifying its interest in serving as agent for this proposal, identifying general contents of the transmittal and identifying the name, address, telephone number and email address of the firm's contact person for the submission.

EXECUTIVE SUMMARY

In this section, proposer should provide information about their company, facilities, business experience and background. Include complete information regarding experience in this type of service, number of years in this type of business, number of employees, etc.

QUALIFICATIONS & REFERENCES

The contractor shall list the qualifications as noted under “Qualifications of Proposers.” The successful proposer shall be an established firm with recent experience in similar size contracts.

The successful proposer(s) shall possess and maintain the capability to provide the service necessary through the duration of the agreement. The contractor will also provide three (3) references (the City reserves the right to ask for additional references) from other large government agencies or comparable contracts showing reliable deliverability of services and timely response on service. Reference information shall include contact information - Client Name, address, contact name with telephone number and email, service provided and dates of service.

ACCOUNT MANAGEMENT & QUALITY ASSURANCE INFORMATION

Submit a plan and/or describe the quality process utilized to measure the satisfaction of previous clients and the methods utilized to improve services. Provide samples of data and quality performance factors that are utilized in quality management measurement, include a brief description of on-going quality review program. Provide strategy information for managing contracts and customer service approach.

SERVICES OFFERED

1. Provide a detailed description or resume outlining the firm’s overall experience and reputation, including resumes of key personnel proposed to be assigned to this project.

2. Provide specific examples of projects completed that demonstrate the individual’s AND firm’s ability to perform the work described in the proposal, particularly examples involving projects performed for public agencies.

3. Provide information and evidence on your capacity to meet the requirements outlined in the proposal. Clearly describe any proposed deviations, or modifications, to these specifications.

4. Include number and scope of other projects/assignments/clients that would be ongoing concurrent with this project.

PROPOSED PROJECT APPROACH AND IMPLEMENTATION

Provide detailed information on the materials and methods/approach to be used to perform the project using the specifications below. Include strategy or strategies and detailed implementation plan to be used in placement and management of traps, humane removal of trapped animals, and any other relevant information.

OTHER INFORMATION

This section will provide any additional information proposer would like to provide.

SUBMISSION DETAILS:

All proposals shall be submitted through the City’s solicitation portal on the due date and specified time on the solicitation portal. Any proposal submitted after the due date will be considered late and will not be accepted by the solicitation portal. The City reserves the right to reject any and/or all proposals or waive irregularities. Faxed, emailed or responses delivered in hardcopy are not acceptable.

If the proposer does not ask questions or clarify any assumptions, the City will assume proposer(s) understand(s) the City’s requirements and that the proposer’s offering will meet those City’s needs at the price stated.

V. Scope of Work

1. Contractor and all individuals employed, or contracted with, bait traps, check traps, or remove trapped feral hogs from City property shall not have been convicted of any felony within the past seven years, any misdemeanor within the past five years, any charge of cruelty to animals ever.

2. Contractor shall develop a feral hog control and abatement plan to reduce/eliminate damage to City property. The Contractor and representative for each involved City department will develop measurable goals by which to evaluate success of abatement plans.

4. Contractor shall conduct surveys to coordinate the placement of traps, and any other activity related to the feral hog abatement program, with the assistance and approval of the designated City Department representative. This is to ensure acceptable and safe placement of traps on public land, and to minimize exposure. Contractor should notify the City Department representative by email or in writing at least 24 hours prior to any planned trap movement or new placement. All trapping activities shall be in accordance with all City Codes, and Chapter 161.1375 of the Texas Agricultural Code.

5. Contractor shall have written descriptions of proposed methods to implement the plan submitted with proposal, as well as suggested time periods to review and evaluate the plan results, with periods of adjustments as needed to ensure maximum control and abatement results.

6. Contractor shall deploy and maintain adequate numbers, per the abatement plan, of feral hog traps utilizing the Jager Pro MINE system, or City of Dallas approved equal, to achieve a reduction in feral hog numbers and associated damage to City property with rapid, humane capture and removal. Large trap circumference shall exceed 70 feet; For emergency or short-term, small portable (box) trap, circumference not to exceed 26 feet, and small corral or large portable trap, circumference greater than 26 feet and not to exceed 70 feet.

7. Contractor shall deploy trapping devices based on land conditions to maximize hog capture while limiting citizen impact, awareness, involvement, and visibility of the trapping process.

8. Contractor shall employ trapping procedures that allow for real time monitoring and activation of trap system(s) and that will minimize trapping or injury to non-target species.

9. Contractor shall incorporate an adequate number of game cameras placed at strategic locations to aid in the abatement plan’s implementation. Photos of the trapping procedures shall be used as part of the contract to review and validate the evidence of hog activity, travel patterns, and security of trapping equipment.

10. Contractor shall check bait and traps daily, or several times daily, either in person or by video surveillance based on weather, conditions and needs. Newly deployed traps shall be checked daily until trapping success is achieved. If the Contractor is ever unable to determine the status of the trap or bait by video surveillance, it is required that the Contractor conduct a physical visit to the site. Once a trap has been activated, the Contractor shall collect the hogs within 24 hours of trapping.

11. Contractor shall photograph with date stamp all trapped hogs before removal and forward photographs electronically to the Department representative for record keeping.

12. Additionally, the City’s intent is to capture and remove the animal in a humane method.

“Putting down” a captured animal is only acceptable if the animal has been injured to the extent that it becomes unsafe or inhumane to transport the animal in such conditions.

Additionally, any animal euthanized on site must be done so in accordance with all City codes and must be reported to the City.

13. Contractor shall humanely remove, and transport trapped hogs to:

a. A USDA (U.S. Department of Agriculture) inspected meat processing plant approved for “Slaughter – Exotic” (Approved Processing Plant), for disposal, or

b. A TAHC (Texas Animal Health Commission) approved feral swine holding facility (Approved Holding Facility) as identified in Attachment B – Feral Swine Holding Facilities.

14. Contractor shall attach photos and quantity/weight receipt(s) from Contractor’s Approved Processing Plant and Approved Holding Facility with monthly invoices.

15. Contractor shall remove any observed hog carcasses and dispose of them at the McCommas landfill and provide documentation of disposal with monthly invoices. This is any hog carcass, whether put down, found in traps or seen on City property. It is limited to hog carcasses.

16. Contractor shall humanely remove, and transport trapped hogs not meeting minimum weight specifications, as required by Approved Processing Plant, to an Approved Holding Facility (see Attachment B – Feral Swine Holding Facilities).

17. Hogs shall not be sold, other than as described above, traded, or given to hunting preserves.

18. Contractor shall not post, share, advertise or publicize any content or activities related to services rendered resulting from this agreement with non-City parties.

19. Contractor vehicles shall be identified with company name and phone number clearly displayed on both side door panels.

20. Contractor’s personnel shall wear shirts or vests clearly displaying Contractor’s company name.

21. Prior to award, the Contractor shall complete Attachment C - Background Check Authorization Form and provide within three days after request by the buyer or City representative.

22. Contractor shall abide by all protocols to be implemented by the designated Department representative to include but not limited to ingress and egress procedures for City properties, notification of animal removals, etc.

NOTE: The City reserves the right to accept or reject any form of removal and processing.

VI. Communication

The feral hog abatement program will be assigned to City staff who will serve as Department Representative(s) and will be the City’s primary point(s) of contact. All correspondence regarding hog issues or requests for response shall be coordinated through the Department Representative (s).

Contractor shall answer written correspondence from the City within three (3) working days;

phone messages left by City personnel shall be returned within four (4) hours or if left after business hours, shall be returned by 12:00 noon of the next business day.

VII. Commencement Date Within 30 days of award and execution of the contract the vendor shall communicate with all department representatives and have traps up and running where requested.

VIII. 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.

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

• Total cost of goods/services

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

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

X. Ownership All records, reports, equipment, and revenues produced as a result of this contract shall be the sole property of the vendor. The City shall reserve the right to audit said records and reports at any time.

XI. Total Cost of Goods and/or Services

Cost will be by trap quantity, rate and total amount for each department. Monthly invoices shall be submitted within 30 days of the end of the prior month for payment. All costs associated with performing this service shall be all inclusive.

XII. Evaluation Criterion

1. Approach – 35 points Proposals will be evaluated based upon approach with respect to requirements of the scope of services defined in section V above, implementation speed, efficiency, accuracy, services quality, customer service, and project management.

• Below average –– (0-10 points)

• Acceptable – (11-30 points)

• Exceptional – (31-35 points)

2. Experience – 30 points Proposals will be evaluated based upon minimum experience requirements as listed in section III above, demonstrated successful experience on similar type projects in organizations the size and complexity of the City of Dallas, Adaptability to change in scale of service, and experience of the implementation/management team.

• Below average –– (0-10 points)

• Acceptable – (11-25 points)

• Exceptional – (26-30 points)

3. Cost– 30 points Cost proposals can be formatted as an all-inclusive cost or line-item details.

a. If submitting as an all-inclusive bid, please list out what all is included in the bid.

However, all contracts will be based upon this bid and any costs invoices outside this bid will not be accepted by the City.

b. If the bid includes line items details, all line items must be included individually as this will be the basis for the contract. Any cost invoiced outside the bid will not be accepted by the City.

c. The City reserves the right to request that cost be converted to other increments or measures to ensure a fair comparison between respondents.

4. Local Preference Program- 5 points

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

XIII. Performance Measures and Contract Management

This information will be used by the department(s) to document vendor performance.

• Invoicing – is the vendor invoicing on time and is the invoice accurate, detailing the work or deliverables associated with the cost being billed

• Quality of customer service – how expeditious the contractor resolves issues and returns calls

• Reporting – included with invoices

• Verification of data and calculations – Traps, locations and hog totals

• Humane removal of the animals within 24 hours

• Contractor response to any communication as lined out in Section V

• Contractor response to emergency needs – coordinated trapping plan with 24 hours of initial contact

Contract Nonconformance and Disputes

• The department representative will contact the vendor within 3 days of reviewing the above measures.

• The vendor will have 3 days to resolve any issues.

• If the vendor disputes the issue in question, a letter, with company letterhead, will be post marked within 3 days of receiving notification of the issue

Nonconformance with the above performance measures may result in the termination of the contract.

XIV. Exhibits Attachment A – Possible City of Dallas Trapping Properties Attachment B - Feral Swine Holding Facilities.

Attachment C – Background Check

XV. Audit Requirements

City shall at all times have a right to audit all accounts under the Agreement and the Contractor shall sign any and all agreements to evidence City’s authority to conduct audits or receive accountings as City deems necessary for this purpose.

XVI. Service Completion Schedule This is an “as needed” service and as such does not have or require a Service Schedule, except requirement to start trapping within 30 days of execution of this contract.

XVII. Transition

From date the contract is awarded, the former contractor will have 30 days to remove any existing traps for City properties.

XVIII. Closeout Procedures and Requirements

At expiration or termination of the agreement, all traps shall be removed from City property within 30 days.

XIX. Documents Submitted with Proposal or upon Request

1. Business Information Form (OPS-02)

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

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

4. Local Preference Affidavit (OPS-31)

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

6. Living Wage Affidavit (OPS-03)

7. Sample Contract with Markups

8. Copy of contractor’s internal affirmative action plan or policy

9. Any other City documents as required

XX. Opening of Proposals

All proposals shall be submitted through the electronic solicitation portal no later than the proposal due date and time

Proposals will be opened by the City at 2:00 p.m. the day following the due date to avoid disclosure of content to competing proposers. Proposer names will be publicly read. 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.

XXI. 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. If vendor presentations are anticipated, 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.

XXII. 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.

XXIII. Insurance and Bonding Requirements

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 agree to the indemnification agreement therein.

XXIV. 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 execute 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.

XXV. 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.

XXVI. 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.

XXVII. 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.

XXVIII. 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 fulfil a previous contract with the City of Dallas

XXIX. 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.

XXX. 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 https://dallascityhall.bonfirehub.com/login 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.

XXXI. 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.

XXXII. 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.

XXXIII. 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.

XXXIV. 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.

XXXV. 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 there by 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

XXXVI. 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.

XXXVII. Wage Floor Rate Requirement

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

2. Pursuant to Resolution 15-2141 the wage floor requirement for all general service contracts greater than $50,000 shall be effective immediately on all new contracts awarded after November 10, 2015. Contractor’s bidding/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.

XXXVIII. 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 with 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.

XXXIX. Wage Floor Compliance Requirements

Contractors submitting a response to a solicitation for general services must comply with the wage floor requirement to be considered responsive. The City may request that Contractors, at any time during the pre- or post-award process, demonstrate compliance with the wage floor requirement. Contractors not compliant with the wage floor requirement will be deemed non-responsive 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.

XL. 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.

XLI. 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.

XLII. 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.

XLIII. 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 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