Scope of Work

City of Dallas

Request For Proposals (RFP) Project Title: African American Museum, Dallas (AAMD)

Facing the Rising Sun Modernization Buyer Solicitation Number: BTZ26-00029509 http://www.dallascitynews.net/

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas Office of Arts and Culture (OAC), in partnership with the African American Museum, Dallas (AAMD), is soliciting proposals from qualified firms specializing in museum exhibit modernization, digital engagement, interpretive planning, and multimedia concept development to support the modernization planning of the Facing the Rising Sun exhibition at the African American Museum, Dallas (AAMD).

This scope represents the planning and concept development phase only within the larger TPWD Protecting Cultural Memory Grant.

This RFP explicitly excludes schematic design, architectural design, engineering design, construction documents, or any services categorized as A/E design under Texas law. All deliverables must remain at the conceptual, interpretive, planning, and digital engagement strategy level.

The intent of this contract is to generate a comprehensive exhibition modernization concept plan that positions AAMD for Phase II implementation

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 Format

All submissions must follow the required format and address all applicable requirements listed in the prescribed order using the numbering system below.

1. Organizational Profile https://dallascityhall.bonfirehub.com/login

• Firm background, resources and key personnel including resumes

2. Experience

• Comparable museum/exhibit projects

3. Approach

• Statement of Technical Approach

4. Philosophy

• Statement of Design Philosophy

5. Timeline

• Proposed Delivery Schedule is April 2026

6. Detailed Budget

7. References

• Three (3) verifiable references

IV. Scope of Work

The selected vendor shall provide comprehensive concept-level exhibit modernization planning services that prepare the African American Museum, Dallas (AAMD) and the City of Dallas Office of Arts and Culture (OAC) for future implementation and fabrication phases. All work must comply with established museum standards, accessibility guidelines, historic research, and the Protecting Cultural Memory grant.

The selected vendor will be responsible for the following:

1. Interpretive Concept Development Develop a full interpretive framework that guides the modernization of the Facing the Rising Sun exhibition, including:

• Updated interpretive narrative aligned with historian guidance, including direction from African American Museum of Dallas.

• Identification of themes, subthemes, storylines, and visitor learning outcomes.

• Recommendations to ensure historical accuracy, cultural sensitivity, and narrative clarity.

• Sample interpretive text (100–250 words per section) demonstrating voice and tone.

• Visitor journey mapping, emotional arc, and storytelling coherence.

2. Exhibition Modernization Planning Provide spatial and design conceptualization for the reimagined exhibition, including:

• Conceptual layouts that illustrate updated spatial sequencing, flow, and object groupings.

• Recommended circulation patterns that support educational use, ADA compliance, and visitor comfort.

• Concept-level elevations illustrate key wall treatments, interpretive graphic placement, and display case concepts.

• Preliminary materials palette to support design identity, durability, and cultural context.

• Identification of constraints or risks related to architecture, environmental conditions, or artifact needs.

3. Digital Engagement Strategy and Planning Documents Develop preliminary digital interpretation concepts that complement the exhibition’s themes, including:

• Concepts for QR storytelling, oral history audio experiences, mobile-based enhancements, or interactive media.

• Annotated sketches/storyboards demonstrate functionality and visitor interaction.

• Technical feasibility considerations, including power, data, maintenance, and accessibility.

• Recommendations for scalable digital strategies that position AAMD for future expansion into online learning and digital scholarship.

4. Accessibility & Inclusive Engagement Strategy and Plan Provide clear and measurable accessibility recommendations, including:

• ADA-compliant circulation, turning radii, and seating standards.

• Display height recommendations for cases, labels, tactile components, and interactive features.

• Multilingual or large-print interpretation strategies.

• Tactile engagement, ASL, audio description, sensory-inclusive lighting and sound guidance.

• Inclusive design principles that ensure visitors of all abilities can engage meaningfully.

5. Community Integration Ensure community voices inform the modernization effort:

• Conduct structured engagement sessions with AAMD leadership, advisory groups, and community partners.

• Document community insights using clear synthesis methods and thematic summaries.

• Show how community feedback materially influences interpretive, design, digital, and accessibility recommendations.

6. Project Constraints & Requirements All concept-level work must adhere to the following parameters to ensure alignment with AAMD facility conditions, care standards, and funding guidelines.

Gallery Dimensions

• Entrance Wall: 12 ft (144”) W × 12 ft H

• Additional Walls: 12 ft × 12 ft × 12 ft

• Total Gallery Footprint: 34 ft (W) × 56 ft (D)

Non-Flexible Architecture

• The existing spatial footprint cannot be structurally altered.

• Proposed circulation, object placement, and media components must function within fixed wall locations, ceiling heights, and environmental conditions.

Collections Handling

• All recommendations must follow conservation-safe display standards.

• Original materials remain under the supervision of the Conservator and Archivist (Faith

Golden).

• Vendors may not handle original artifacts; conceptual recommendations only.

Institutional & Funding Guidelines

• All recommendations must align with:

o AAMD brand and design standards o City of Dallas exhibition, accessibility, and procurement requirements o THC Protecting Cultural Memory grant guidelines

7. Concept-Level Deliverables The selected vendor must provide the following final deliverables:

• Interpretive narrative framework and exhibit storyline outline.

• Concept-level floor plan, circulation diagram, and elevations.

• Digital engagement outline and interactive experience recommendations.

• Accessibility and inclusivity plan.

• Preliminary materials and finishes palette.

• High-level implementation roadmap, risk considerations, and conceptual cost estimates.

V. Communication

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Written correspondence from the City of Dallas shall be answered within twenty-four (24) hours. The awarded vendor shall respond to City emails, phone calls, and all written correspondence within twenty-four (24) hours of receipt.

VI. Commencement Date

The anticipated commencement date will be upon Dallas City Council approval and contract execution. Compliant insurance requirements must be obtained within 15 days of Council Award and provided to the City.

VII. 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 awards.

VIII. 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.

IX. Ownership

All work products become property of the City of Dallas.

X. Total Cost of Goods and/or Services

The cost quoted in proposal submission will be inclusive, and should include all costs incurred, real and unforeseen, related to the manufacturer, shipping, and delivery, including insurance and all other direct costs.

XI. Evaluation Criterion

1. Relevant Museum & Cultural Sector Experience: 35 points

Proposals will be evaluated to determine if Proposer has had adequate and successful experience with similar projects or with the target populations as well as sufficient and qualified staff to perform specified activities.

• Unacceptable: 0 months experience = 0 to 5 points

• Marginal: Up to 12 months = 6 to 21 points

• Adequate to Good: 13 to 36 months = 22 to 29 points

• Outstanding: Up to 48 months or more = 30 to 35 points

2. Interpretive Planning & Exhibition Modernization Approach: 25 points

Proposals will be evaluated on the project scope and objectives, and the approach taken to ensure project success. Proposals will be evaluated on the Proposer's strategic approach to achieving the goals of this project as stated in the performance measures below.

• Below average - Goals and objectives that do not specifically address the scope of work or program objectives – (0-8 points)

• Acceptable – Goals and objectives specifically address the scope of work and program objectives successfully. (9-16 points)

• Exceptional – Goals and objectives specifically address the scope of work and program objectives successfully and progresses goal success beyond the project term (17-25 points)

3. Digital Engagement Strategy & Innovation: 15 points Proposals will be evaluated on the digital engagement strategy and innovation utilized to ensure project success. Proposals will be evaluated on the Proposer's strategic approach to achieving the goals of this project as stated in the performance measures below.

• Below average – Digital engagement strategy and innovation proposed do not specifically address the scope of work or program objectives – (0-5 points)

• Acceptable – Digital engagement strategy and innovation proposed specifically address the scope of work and program objectives successfully. (6-10 points)

• Exceptional – Digital engagement strategy and innovation proposed specifically address the scope of work and program objectives successfully and progresses goal success beyond the project term (11-15 points)

4. Cultural Competency & Community-Centered Methodology: 15 points

Proposals will be evaluated on the proposer’s cultural competency and community-methodology taken to ensure project success. Proposals will be evaluated on the Proposer's methodology to achieving the goals of this project as stated in the performance measures below.

• Below average – Cultural competency and community-centered methodology do not specifically address the scope of work or program objectives – (0-5 points)

• Acceptable – Cultural competency and community-centered methodology specifically address the scope of work and program objectives successfully. (6-10 points)

• Exceptional – Cultural competency and community-centered methodology specifically address the scope of work and program objectives successfully and progresses goal success beyond the project term (11-15 points)

5. Cost Proposal & Timeline Feasibility: 10 points

• It is the City’s intent to adhere to the proposed milestone schedule outlined in Section XVI.

XII. Performance Measures and Contract Management

The City will monitor the Contractor’s performance throughout the duration of the contract. The Contractor shall perform all work in accordance with the requirements of this RFP and the approved project schedule. Performance measures will include, but are not limited to, the following:

1. Timeliness and Schedule Adherence

• Delivery of all agreed-upon milestones, drafts, and final concept documents by the established deadlines.

• Attendance and participation in scheduled meetings, virtual collaboration sessions, and review checkpoints.

2. Quality of Work and Deliverables

• Accuracy, clarity, and completeness of all written deliverables.

• Compliance with the project intent, including non-A/E concept development, digital engagement planning, and modernization strategy.

• Deliverables must meet professional museum standards and align with City accessibility, cultural, sustainability, and equity goals.

3. Responsiveness and Communication

• Response to City emails, phone calls, and all written correspondence within twenty-four 24 hours.

• Proactive communication regarding risks, delays, or required clarifications.

4. Stakeholder Coordination

• Effective participation in meetings with AAMD leadership, OAC, community partners, and advisory groups.

• Demonstrated ability to integrate stakeholder feedback into revisions.

5. Documentation and Reporting

• Submission of monthly progress reports summarizing completed tasks, pending items, and upcoming deliverables.

• Maintenance of accurate internal records related to work products and timelines.

The City reserves the right to require corrective action if performance measures are not met.

Continued deficiencies may result in contract modification or termination.

XIII. Special Requirements

The vendor must comply with all applicable federal, state, and local requirements governing cultural heritage, interpretive content, digital media, and accessibility, including but not limited to:

1. Grant Compliance:

o All work must be aligned with the Texas Parks and Wildlife Department (TPWD)

Grant requirements for planning activities.

2. Accessibility Standards:

o Concept recommendations must meet or exceed ADA accessibility standards and reflect inclusive engagement principles.

3. Cultural and Historical Integrity:

o Interpretive planning must reflect responsible, historically accurate, community-centered narrative practices.

4. Data & Digital Content Requirements:

o All digital recommendations shall follow City IT security and digital accessibility policies.

5. Experience Requirements:

o Firms must have demonstrated experience in museum exhibit concept development, interpretive planning, and digital engagement strategy.

6. Non-A/E Work Restriction:

o Vendor is prohibited from engaging in architectural, engineering, or construction design activities.

XIV. Exhibits

1. Exhibit A – AAMD Organizational Mission

XV. Audit Requirements

The City reserves the right to audit any and all records related to the performance of this contract. The vendor must:

• Maintain complete and accurate records of all project-related activities, communications, and costs.

• Retain such records for a minimum of two (2) years following contract completion.

• Provide the City, its auditors, or authorized representatives with full access to relevant records upon request.

• Support any inquiry by providing documentation verifying that all services, deliverables, invoices, and costs align with contract terms.

Failure to comply with audit requirements may result in withheld payment, request for corrective action, or contract termination.

XVI. Service Completion Schedule

It is the City’s intent to adhere to the proposed milestone schedule outlined below. Milestones:

1. Project Kickoff Meeting – Within 7 days of contract execution

2. Initial Interpretive & Digital Engagement Framework

3. Community/Stakeholder Engagement Summary – (date determined at kickoff)

4. Draft Modernization Concept Package – By March 15, 2026

5. City Review & Revisions – March 15–March 31, 2026

6. Final Deliverables (All Components) –April 15, 2026

Deliverables must be submitted electronically and, in the format requested by the City.

The City may adjust specific dates as needed to support project progress.

XVII. Transition

The vendor shall provide a clear transition plan describing how all project information, draft materials, and final work products will be transferred to the City and AAMD at project completion.

Transition requirements include:

• Delivery of all electronic files, concept documents, notes, and supporting materials in City-approved formats.

• Transfer of any digital planning assets and associated metadata.

• A final briefing with City staff to review deliverables and recommendations.

• Ensuring there is no disruption of work or loss of information between Contractor and

City custody.

• Compliance with City record retention policies.

No proprietary tools or systems used to develop City-owned deliverables may restrict City use after contract completion.

XVIII. Closeout Procedures and Requirements

At the conclusion of the contract, a project closeout meeting shall be held with OAC, AAMD, and the vendor to verify final completion and document acceptance. Closeout requirements include:

1. Submission of All Final Deliverables o Modernization concept package o Digital engagement plan o Accessibility recommendations o Implementation roadmap o Final schedule and milestone documentation

2. Confirmation of Deliverable Acceptance o City will verify compliance with contract terms.

o Any outstanding items must be resolved prior to final payment.

3. Transfer of Records & Work Product o All files, research notes, concept drafts, and supporting documentation must be transferred to the City.

4. Final Invoice Submission o Vendor must submit a final invoice clearly marked “FINAL INVOICE.”

5. Release of Claims o Vendor confirms no outstanding claims, disputes, or obligations remain.

Once all closeout requirements are met, the City will issue final acceptance and complete the contract closeout.

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 and Quote (OPS-04)

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

5. Living Wage Affidavit (OPS-3)

6. Sample Contract with markups

7. Any other City documents as required

XIX. 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.

XX. 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 RFP. Vendor Presentations are anticipated to take place after the submission due date and time. Proposers will be notified by the Procurement Specialist 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.

XXI. 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.

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

XXIII. 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 RFP.

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 RFP closing.

XXIV. Rejection or Acceptance of Proposals

1. This RFP 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 RFP.

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.

XXV. 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.

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

XXVII. 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

XXVIII. 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.

XXIX. 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.

XXX. 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.

XXXI. 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.

XXXII. 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.

XXXIII. 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.

XXXIV. 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

XXXV. 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.

XXXVI. 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.

XXXVII. 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.

XXXVIII. 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.

XXXIX. Selection Process

The internal team will evaluate all proposals received in response to this RFP. 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.

XL. Development Costs

Neither City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFP. 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 RFP.

XLI. 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 RFP. 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.

XLII. Certificate of Interested Parties (Form 1295) All vendors recommended by City staff for a contract pursuant to this RFP 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