City of Dallas

Request For Proposals (RFP)

Project Title: Withdrawn Materials

Buyer Solicitation Number: BYZ26-00029907 http://www.dallascitynews.net/

Scope of Work

I. Introduction, Purpose and Intent

The City of Dallas (the“City”) is soliciting proposals for a five-year contract with two, one-year renewal options, for the collection, transportation, and resale of withdrawn library materials from the Dallas Public Library, sharing a percentage of the proceeds with Dallas Public Library.

Services will be ordered on an as-needed basis during the term of this contract.

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

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

III. Proposal Submittal Requirements

Proposals will only be considered from Proposers who have been established in the business of providing the collection and transportation of withdrawn library materials for a library or similar institution for a minimum of 3 years. If requested, proposers shall provide a minimum of 2 reference and/or other documentation demonstrating minimum qualifications. Proposals shall be accepted from authorized providers for the requested Services. If during the term of the agreement the awarded vendor loses authorization, the City reserves the right to obtain the

Services from another source.

Proposals must include the following:

• Company background and relevant experience

• Description of resale process and channels used

• Proposed revenue-sharing model (e.g. percentage of sales remitted to the library)

• Sample reporting form

• References from at least two similar clients (preferably libraries)

• Insurance and liability documents

• Any additional services offered (e.g. recycling, donation of unsold items) https://dallascityhall.bonfirehub.com/login

IV. Scope of Work

4.1 Overview

The City of Dallas is seeking to procure services for the collection and transportation of withdrawn library materials from the Dallas Public Library - Central Library and its branch locations. This initiative involves the management of a significant volume of items, ensuring their safe handling and storage during transport. The selected vendor will be responsible for processing these materials for resale and remittance of a percentage to

Dallas Public Library, utilizing reputable resale channels while adhering to environmentally responsible practices for any unsellable items. The overarching goal is to enhance the library's operational efficiency and sustainability in managing its withdrawn inventory.

4.2 Specifications

The selected vendor will be responsible for the following services related to the handling of withdrawn materials from the Dallas Public Library:

4.2.1. Material Pickup and Transportation

• Collect withdrawn materials from the Dallas Public Library – Central Library, located at 1515 Young Street, Dallas, Texas 75201, monthly or as otherwise scheduled.

• Contractor shall be prepared to process between 10,000 and 20,000 withdrawn items per month. These items may include books, DVDs, CDs, and other media formats. Actual volumes may fluctuate from month to month, and the Dallas Public

Library does not guarantee specific monthly quantities.

• Provide appropriate storage containers for transportation (e.g., Gaylord boxes or equivalent).

• The library will notify the vendor when materials are ready for pickup and will coordinate with the vendor to determine the appropriate quantity for each collection.

• Upon request, the vendor must also collect withdrawn materials from branch library locations. In such cases, the vendor is responsible for supplying tubs or other suitable containers to ensure safe and efficient packing and transport.

4.2.2. Processing and Disposition

• Sort, process, and resell collected materials through appropriate resale channels.

• Responsibly recycle any materials not suitable for sale. Landfilling should be avoided whenever possible.

4.2.3. Reporting and Revenue Sharing

• Provide monthly reports that include:

o Quantity and type of materials collected (optional) o Sales performance o Gross Sales: The vendor shall return an agreed percentage of total sales revenue generated from the resale of withdrawn materials to the library.

This percentage represents the library’s share of the gross sales and must be clearly documented in all financial reports. All fees, labor, fuel and storage costs will be covered by the Vendor’s percentage and should not be deducted from the City’s percentage.

o Remit the agreed-upon percentage of gross sales to the Library on a monthly basis, as specified in the final agreement.

4.2.4. Logistics and Compliance

• The library will store materials as agreed upon with the vendor; however, the vendor is responsible for determining and providing appropriate storage and transportation methods.

• The library’s loading dock door has a height clearance of 13.5 feet. The largest vehicle that can be accommodated is a 26-foot box truck. The vendor must ensure that all transportation vehicles comply with these limitations.

V. Communication

Communication between the vendor and the Library may occur by phone, email, or in person.

The vendor will provide a dedicated telephone number and email address for Library staff to use when discussing questions, concerns, or issues related to services or materials.

The library’s expectations for communication include, but are not limited to, the following:

a. Notification of Vendor Staff Changes: The Vendor will inform the library of any changes to personnel who handle or transport the library’s materials, including pick-up drivers.

b. Changes in Supervisory or Account Personnel: The Vendor will notify the library of any reassignment or transition of supervisors, account representatives, or other staff who work directly with the library’s materials.

c. Issue Reporting: The Vendor will promptly communicate any problems encountered in handling the library’s materials.

The Vendor will designate a primary contact person with whom Library staff can discuss all matters related to materials and services. This customer support representative is expected to maintain regular communication and collaborate closely with Library staff.

The Vendor is required to return telephone calls or email messages within two (2) working days and to address or resolve concerns within five (5) working days from the time the message is received. Communication may be more frequent and detailed at the beginning of the contract period, with the expectation that this will decrease as workflows stabilize.

VI. Commencement Date

The commencement date of this contract shall be upon Council approval and contract execution.

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 award.

VII. Evaluation Criterion An evaluation committee will evaluate aspects of the proposal based on the criteria outlined below.

• Experience and Qualifications – 20 Points o Demonstrated experience working with libraries or similar organizations o Vendor’s overall capacity to successfully fulfill the scope of work

• Revenue-Sharing Model – 25 points o Proposed percentage of gross sales to be remitted to the library

• Reporting and Accountability – 10 points o Demonstrated ability to maintain accurate and timely documentation

• Environmental Sustainability – 5 points o Commitment to environmentally responsible disposal and processing practices o Use of recycling methods that minimize landfill contributions

• Logistics and Operational Capacity – 20 points o Proposed pickup schedule and the Vendor’s ability to provide flexibility as needed o Capacity to manage fluctuations in volume and meet site-specific requirements

• DRIVE Policy – 20 points o It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the

Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy for

City of Dallas contracts.

o Evaluation points shall be awarded as follows:

▪ SBE Utilization – up to 8 points

• Proposed SBE Commitment

• First-time Contracting

▪ Local Economic Impact – up to 6 points

• Local Workforce

• Local Supply Chain Usage

• Local Community Investment

▪ Engagement Score – up to 6 points

• Past Subcontractor Utilization

• Documented Engagement Efforts

• Past Timely Payments to Subcontractors o As a prerequisite for City Council award, the contractor must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent most advantageous proposer who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be

“responsive” and/or “responsible.”

o Assistance in preparing the DRIVE forms may be obtained by sending an email to businessenterprisehub@dallas.gov

VIII. Performance Measures and Contract Management

1. Timeliness

• Pickup Frequency Compliance: Vendor picks up materials as scheduled.

• Response Time to Library Notification: Vendor responds within 2 business days of notification.

• Branch Pickup Responsiveness: Vendor completes branch pickups within 10 business days of request.

2. Capacity and Handling

• Volume Handling Capability: Vendor can manage 10,000–20,000 items/month without delays or overflow.

• Container Quality: Use of appropriate containers (e.g., Gaylord boxes, tubs) that prevent damage during transport.

3. Processing and Disposition

• Recycling Compliance: Unsellable items recycled (not landfilled, when possible).

• Resale Channel Effectiveness: Demonstrated use of reputable resale platforms or partners.

4. Reporting

• Transparency of Financials: Clear documentation of revenue and Library’s share.

mailto:businessenterprisehub@dallas.gov

5. Revenue Sharing

• Accuracy of Remittance: 100% of agreed percentage remitted correctly.

• Timeliness of Remittance: Funds transferred monthly or quarterly as agreed.

6. Compliance and Logistics

• Vehicle Compliance: All vehicles meet loading dock specs.

• Safety and Handling: No incidents of damage to Library property or materials.

The City reserves the right to cancel this agreement at any time if service performance, timeliness, or quality of work is determined to be unsatisfactory or inconsistent with contract requirements.

IX. Audit Requirements

1. The Contractor shall maintain accurate and complete records of all financial transactions related to the resale of withdrawn Library materials. This includes, but is not limited to:

• Quantity and type of materials sold

• Gross sales revenue

• Deductions or expenses (if applicable)

• Gross sales revenue

• The Library’s share of gross sales

2. These records must be retained for a minimum of two (2) years following the conclusion of the

Contract. The City of Dallas and the Dallas Public Library reserve the right to audit any records deemed necessary to verify compliance with the terms of the Contract, including revenue sharing and disposition practices. The Contractor shall make such records available upon request within a reasonable timeframe.

3. No invoicing to the City will occur under this Contract

X. Service Completion Schedule

The service completion schedule will commence upon full execution of the contract with an initial milestone of the first collection pickup occurring within the first week. Subsequent monthly pickups will be scheduled on the first Monday of each month, with performance reviews conducted quarterly to assess service delivery. Key dates include the submission of monthly reports by the fifth business day of each following month and the completion of branch pickups within ten business days of the Library’s request. The final service delivery date will be determined by the contract expiration date, marking the conclusion of all scheduled services unless otherwise extended or amended.

XVI. Documents Submitted with Proposal or upon Request

Form Name Form Number Business Information Form OPS-02 Conflict of Interest Policy & Questionnaire OPS-07 and State Form

CIQ

Living Wage Affidavit OPS-3 SBE Affidavit BEH-FRM-602.SAW Local Participation & Workforce Impact Form BEH-FRM-604.SAW SBE Utilization Plan & Commitment to Local Economic Impact

BEH-FRM-605.SAW

Engagement Score & Past Commitment Form BEH-FRM-606.SAW SBE Good Faith Effort Documentation Form (if applicable) BEH-FRM-607.SAW Prime Self-Performance Declaration (if applicable) BEH-FRM-609.SAW Subcontractor Intent Form BEH-FRM-610.SAW Any other City Documents as Required

XI. 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.

XII. 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.

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.

XIII. 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.

XIV. 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.

XV. 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.

XVI. 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.

XVII. 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.

XVIII. 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.

XIX. 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

XX. 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.

XXI. 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.

XXII. Assignment of Contract https://dallascityhall.bonfirehub.com/login

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.

XXIII. 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.

XXIV. 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.

XXV. 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.

XXVI. 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

XXVII. Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the Developing Regional &

Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

a. The SBE participation goal for this contract is XX.XX%.

b. As a prerequisite for City Council award, the contractor must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent

Proposer who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be

“responsive” and/or “responsible.”

c. Assistance in preparing the DRIVE forms may be obtained by sending an email to businessenterprisehub@dallas.gov

XXVIII. Equal Employment Opportunity/Nondiscrimination

The selected Proposer shall not discriminate against any employee or applicant for employment because of race, age, color, national origin, religion, marital status, sex, sexual orientation, military or veteran status, political opinions or affiliations, genetic characteristics, or disability, consistent with applicable laws. The selected bidder shall prohibit discrimination regarding, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The selected bidder shall also comply with all applicable requirements of the Americans with Disabilities Act, 42

U.S.C.A. §§12301-12233, as amended. The selected bidder agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

XXIX. 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.

XXX. 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.

XXXI. 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.

XXXII. 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.

XXXIII. 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.

XXXIV. 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.

XXXV. 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.

XXXVI. 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