City of Dallas

Request for Proposal (RFP) Project Title: Suspected Animal Cruelty

Buyer Solicitation Number: BTZ25-00029032 http://www.dallascitynews.net/

Scope of Work

I. Introduction, Purpose and Intent The City of Dallas is requesting proposals for a three-year Indefinite Delivery/Indefinite Quantity (ID/IQ) with two (2), one (1)-year renewal options. The City of Dallas Police Department (DPD) and Dallas Animal Services (DAS) are seeking a vendor to provide service qualifications related to the removal, housing, care, feeding, security, forensics, and testimony relative to victims of Suspected Animal Cruelty (SAC). The City is seeking proposals for the establishment of an IDIQ that meets the standard and scope of work based on the needed partnership to address animal cruelty from any angle or relevant to public policy, state and local law, veterinary forensics, community engagement, and prevention/intervention in human behavior relative to SAC. Another area of interest is research and engagement that heightens awareness of animal cruelty and builds knowledge that informs and engages key community stakeholders and allied professionals in preventing and responding to this animal welfare issue.

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

During the solicitation process, respondents are required to limit their communication regarding this project to the Buyer referenced herein. A qualifications and 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 qualifications and 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 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 provided through verbal communication.

III. Proposal Submittal Requirements

The proposers must submit the following in their proposal information:

1. Experience in providing state licensed veterinarian care in the specialty area of Forensics Veterinarian Care (education, licenses, etc.).

2. Current number of proposed employees by position to include an organization chart.

3. Facility that aligns with U.S. Animal Welfare Act guidelines for animal care.

4. Must possess all applicable local, state, and federal licenses or permits.

5. A full description of organizations’ data and reporting tracking procedures.

https://dallascityhall.bonfirehub.com/login

IV. Scope of Work

The selected Contractor is expected to work closely with DPD and DAS to protect the health and safety of residents, ensure the welfare of animals in our City, and promote their humane treatment, particularly animals suspected of cruelty which may range from domestic pets to animals used in organized fighting (such as dogs and roosters), large livestock (e.g. horses, cattle, goat, etc.), and exotic species. This is a collaborative contract with the expectation that the service provider will be accountable to the public and the agencies they serve. This role requires excellent transparency and consistent interagency reporting to ensure community trust. The contract encompasses civic responsibilities related to Suspected Animal Cruelty (SAC), including the removal, housing, care, and forensic veterinary evaluation of animals, and must align with applicable City of Dallas ordinances and Texas state laws. Once the disposition phase is complete, ownership of the animal transfers to the contractor, who is then responsible for the appropriate outcome with consideration of State Agency rules and regulations. Depending on the outcome of the investigation, the contractor may determine placement through options such as return-to-owner, adoption, foster care, or transfer.

The following data summarizes the types and total volume of animals processed under Suspected Animal Cruelty (SAC) protocols for Fiscal Years 2024 and 2025.

Total Intake Volume

• FY23 Total Animals: 3,477

• FY24 Total Animals: 1,999

• FY25 Total Animals: 2,562

Primary Animal Populations

The specification must primarily address protocols for the most frequently involved animal types:

Animal Type

FY23

Count

FY24

Count

FY25

Count Total Notes

Birds 3,183 1,651 2,090 6,924 Largest single group in both years.

Dogs 242 269 351 862 Second largest population.

Cats 32 61 104 197 Third largest population.

Other 11 16 4 31 Includes various species not otherwise listed.

Livestock 9 2 13 24 3,477 1,999 2,562 8,038

Proposers must provide the following in their proposal information:

Demonstrated Experience in Forensic Veterinary Care Proposers must provide detailed information regarding their experience delivering state-licensed veterinary care specializing in Forensic Veterinary Medicine.

• Include the number of years of experience in the field, types of cases handled (e.g., animal cruelty, neglect, or abuse investigations), and partnerships with law enforcement or animal welfare agencies.

• Documentation of Board Certification or eligibility in a relevant specialty area (such as Veterinary Pathology, Forensic Sciences, or a related discipline) must be included.

• Provide examples of casework demonstrating the proposer’s ability to conduct forensic examinations, necropsies, evidence collection, and expert witness testimony.

Staffing Plan and Organizational Structure Proposers must identify the current number of proposed employees who will be assigned to the contract, by position or title (e.g., Forensic Veterinarian, Veterinary Technician, Administrative Support).

• Submit an organizational chart illustrating reporting relationships and lines of supervision.

• Indicate which positions are full-time, part-time, or on-call, and specify the roles and responsibilities associated with each

Facility Compliance and Capability Proposers must operate or have access to a facility that meets or exceeds all standards outlined in the U.S. Animal Welfare Act and any applicable state or local animal care and housing requirements.

• Describe the facility’s capacity, equipment, and biosecurity protocols.

• Include photographs or a facility layout if available.

• Indicate the ability to provide secure storage for evidence, isolation for infectious cases, and appropriate space for examinations and necropsies.

Licensing and Regulatory Compliance Proposers must possess and maintain all applicable local, state, and federal licenses, certifications, and permits required to perform the scope of work.

• Provide copies of current licenses for business, facility, and veterinary professionals.

• The selected proposer must remain in good standing with all regulatory agencies throughout the contract term.

• Documentation of insurance coverage, such as professional liability and general business insurance, should also be included if required by the solicitation.

The awarded vendor shall provide a team of qualified professionals and services, including:

Forensic Veterinarians: Experienced and licensed professionals capable of performing examinations and, if necessary, necropsies on a varying degree of domestic and other animals necessary to determine the cause and scope of injury or death. These veterinarians must be able to determine the cause and scope of injury or death and provide written and oral testimony in support of the pursuit of an animal cruelty charge. They must also be prepared, as required by court order or situational necessity, to perform humane euthanasia on victims of severe abuse or cruelty

(SAC).

Veterinary Technicians: The licensed veterinary technician will work in conjunction with the forensic veterinarians to perform day-to-day operations, including examinations, treatments, medications, and documentation, as required based on the examination and disposition of the SAC victims.

Domestic Animals: Any dog; cat; ferret; bird, other than one in the Falconiforms or Strigiforms Order; "pocket pet," such as a mouse, hamster, gerbil, guinea pig, or rabbit; fish, such as a goldfish or tropical fish; any non-venomous and non-constrictor reptile or amphibian that is commonly kept as a human's companion as outlined in Chapter 7 Animals Sec. 7-1.1 Definitions of the Dallas City Code.

Livestock Animals: Any fowl, horse, mule, burro, ass, cattle, sheep, swine, goat, llama, emu, ostrich, or other common farm animal as outlined in Chapter 7 Animals Sec. 7-1.1 Definitions of the Dallas City Code.

Exotic Animals: Non-domesticated species kept by humans for companionship or display, rather than for traditional agricultural purposes. They are typically wild species not native to the local environment and require special care (i.e. Monkeys, Large Cat Breeds, Parrots, Iguanas, Snakes, Hedgehogs, Ferrets, and Tarantulas).

Animal Keepers/Staff: Individuals with the skills and capacity to handle and care for SAC victims, including domestic pets, animals used in organized fighting (e.g., dogs and roosters), large livestock (such as horses, cattle, and goats), and exotic animals. Proper housing, species-appropriate care, and tailored feeding protocols are vital in a SAC victim's rehabilitation, comfort, and/or recovery.

Sheltering: In collaboration with DPD and DAS, the vendor must collect SAC evidence in a manner designated as secure and compliant with chain-of-custody standards. Impounded, abandoned, or surrendered SAC animals received from the City of Dallas are to be housed in a safe, clean, and humane manner according to their species for the duration of their stay until a final court-ordered disposition order has been determined.

Adoption/Rescue: Upon the expiration of a legal hold or a final disposition order, the contractor is to implement programs for the adoption, continued care, and/or transfer of SAC animals for placement. The contractor is expected to collaborate with a broad network of volunteers, foster homes, and rescue organizations to ensure each animal is placed in an environment suitable for its species-specific needs.

V. Communication

The Parties agree as follows:

A. Close communication shall be maintained between the contractor and the Agency through the use of meetings, telephone conferences, email, and/or other means in the event of a potential or actual Operations. Communication will include requests for assistance, situational reports, and other response-related communications. Each Party will share current data regarding the suspected animal cruelty, support requested, and the ability to provide requested support, as further described in this Agreement. Interaction and liaison shall be encouraged at all levels of both Parties’ organizations.

B. Vendor is expected to respond within 1 business day after receiving phone call or email from the City.

C. The contractor and the Agency will distribute this Agreement internally as appropriate and shall urge full cooperation in the event of an Operation. Without limiting the generality of the foregoing, the Agency shall notify other potentially responsible governmental agencies of the arrangement between the Parties under this Agreement.

D. The contractor and the Agency will keep each other updated on the individuals who may act on behalf of each party (each, an “Authorized Representative”) in anticipation of or during an operation.

E. In no event shall the contractor use the City of Dallas or its agency's name and/or logo for any reason without the express written agreement of the City of Dallas in advance.

VI. Commencement Date If the requesting department knows the anticipated start date. This information allows the bidder to plan accordingly, build a team and have the team ready if awarded.

VII. Award Method

The City’s intent is to award this solicitation by groups, but the City reserves the right to award in the method that is most advantageous to the City.

Group 1- Forensic Veterinary: identifying, documenting, and interpreting evidence in cases where animals are victims of crime or mistreatment. This includes tasks such as legal testimony, evidence collection, coordinating with or support law enforcement and all related tasks related to suspect animal cruelty. Please see scope of work for details.

Group 2- Animal Care (Domestic): including the removal, housing, care for suspect animal cruelty cases, this also requires working closely with law enforcement to identify need and support.

Please see scope of work for details.

Group 3- Animal Care (Livestock & Exotic): including the removal, housing, care for suspect animal cruelty cases, this also requires working closely with law enforcement to identify need and support. Please see scope of work for details.

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.

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 be forwarded to dasaccounts@dallas.gov and codaccountspayable@dallas.gov and include, at a minimum, the following information:

• Name and address of the department for which services were provided

• Contact information of City staff who placed order (name, phone number, department)

• Date of order or Service

• Detailed description of each service

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

• Total cost of goods/services

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

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

IX. Ownership: The City of Dallas reserves all rights, title, and interest in any and all materials, data, and deliverables produced under this contract. This includes, but is not limited to, photographs, video recordings, written reports, digital files, databases, research findings, and any other documentation or media generated in the course of performing services. All such work products shall be considered the sole property of the City, regardless of the format or medium in which they are created.

Vendors shall not reproduce, distribute, publish, or otherwise use any portion of these materials for purposes outside the scope of this contract without prior written consent from the City. This provision ensures that all intellectual property and proprietary content developed through City-funded activities remains under the City’s control and may be used for public records, legal proceedings, internal review, or future program development.

X. Total Cost of Goods and/or Services mailto:dasaccounts@dallas.gov mailto:codaccountspayable@dallas.gov

Each Party shall be responsible for all of its own costs associated with such Party’s activities related to an Operation. The contractor and the Agency shall not be liable for any portion of any expenses incurred by the other unless it has been expressly agreed upon in writing, prior to the incurrence of the expense.

XI. Evaluation Criterion

1. Experience and Qualifications- 30 points Demonstrated experience in providing state-licensed forensic veterinary care, including Board Certification or specialty credentials, relevant casework, and prior partnerships with law enforcement or animal welfare agencies.

2. Staffing and Organizational Capacity- 20 points Adequacy of proposed staffing levels, organizational structure, and ability to ensure continuity of service. Evaluation will consider staff credentials, expertise, and clarity of roles.

3. Facility Standards and Equipment– 20 points Compliance of the proposed facility with the U.S. Animal Welfare Act and related regulations; availability of secure evidence storage, proper necropsy space, and appropriate equipment for forensic examinations.

4. Cost- 15 points Budgetary requirements for Suspected Animal Cruelty are inclusive of, but not limited to Logistical Costs (Facility), Veterinary Costs (Specialization), Holding Costs (Duration), etc.

5. Approach and Methodology- 15 points Clarity and effectiveness of the proposer’s approach to conducting forensic examinations, evidence handling, reporting, and testimony. Consideration of protocols, timelines, and communication with investigative agencies.

XII. Performance Measures and Contract Management

The Contractor shall be subject to the following performance metrics, which will be reviewed and reported monthly unless otherwise specified. The City reserves the right to adjust or expand these measures in consultation with the Contractor as operational needs evolve.

Performance Measures

A. Response to Cruelty Investigations

1. Timeliness of Response:

i. 90% of calls from City regarding suspected cruelty must be acknowledged within 30 minutes.

ii. 90% of on-site responses must occur within 2 hours of request, unless otherwise directed by City.

• Response is defined as a traceable and documented acknowledgement of received notification.

2. Reporting Accuracy:

i. 100% of case response documentation must be submitted within 24 hours of incident closure.

ii. All case notes must be complete, legible, professional, and submitted using the

City’s designated format or system.

B. Shelter and Care of Seized Animals

1. Capacity and Readiness:

i. Contractors must maintain shelter capacity for the immediate intake of an average of six cruelty victims at any time; however, they must be prepared to accommodate significantly higher volumes during large-scale seizures or emergencies.

ii. 95% of animals must receive an intake exam within 24 hours of arrival.

2. Quality of Care:

i. 100% of animals must receive daily wellness checks by qualified staff.

ii. 100% compliance with State of Texas minimum standards for care and housing of impounded animals.

C. Disposition, Adoption, or Rescue

1. Live Outcome Rate:

i. Target of 90% or higher live outcome rate for animals deemed medically and behaviorally sound.

ii. All placement decisions must be documented and submitted for review.

D. Communication and Collaboration

1. DPD/DAS Satisfaction Score:

i. Maintain an average quarterly satisfaction rating of at least 4 out of 5 (or 80%) from DPD/DAS case officers based on responsiveness, collaboration, and professionalism.

Contract Management A. Record Keeping:

1. Create and maintain a record-keeping program/procedures, which shall include:

i. Animal Cruelty and Forensic Records

ii. Animal records

• Adoptions

• Transfers

• Intakes

• Veterinary Records

iii. Financial Records

iv. Personnel Records

v. Correspondence

B. Monthly Reporting:

1. Contractor must submit a monthly report summarizing:

• Number of cases responded to, including location, type, and outcome

• Total number of animals sheltered, length of stay, medical/behavioral issues, and disposition

• Staffing levels and staff qualifications

• Any complaints, incidents, or corrective actions taken

C. Audit and Review:

1. The City reserves the right to conduct unannounced inspections, audits of case files, financial audits, shelter conditions, and personnel certifications D. Corrective Action Plan (CAP):

1. In the event of non-compliance with performance standards, the Contractor must submit and implement a City-approved CAP within 10 business days of notice.

E. Termination for Cause

1. Repeated failure to meet agreed-upon metrics or to cooperate with DPD/DAS investigations may result in termination of the contract.

F. Meetings and Coordination:

1. Contractors must participate in monthly coordination meetings with designated DAS/DPD liaisons and attend quarterly performance review sessions.

XIII. Audit Requirements XIV. Service Completion Schedule XV. Transition

XVI. Closeout Procedures and Requirements XVII. 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. Team Make-Up and Local Workforce Form (OPS-FRM-640)

5. Living Wage Affidavit (OPS-03)

6. Sample Contract with Markups

7. Any other City documents as required

XIII. 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.

XIV. Review of Proposals

1. The City will review and evaluate the RFP submitted to determine if submitted response demonstrates the required experience and qualifications to fulfill the obligations of the services identified in this RFP.

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 Respondent’s submittal. The City may also seek clarification from the referenced Respondents 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.

XV. 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.

XVI. 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.

XVII. Discussion with Reasonably Qualified Proposals

1. The City reserves the right to engage in discussions or conduct interviews, either oral or written, with the Respondent determined by the evaluation criteria to be the most qualified Respondent. If discussions or interviews are held, the buyer will request pricing from the highest ranked Respondent. The request for pricing may include:

• Notice that this is the opportunity to submit written a fair and reasonable offer

• Notice of the date and time for submission of the most qualified Respondent’s 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 requirements

2. Following evaluation of the Respondent’s offer, purchasing will assess whether the proposed offer is fair and reasonable.

3. After the most qualified Respondent(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 Respondent and begin Contract negotiations with the next highest ranked Respondent. This process may continue until either both the offeror and Office of Procurement Services executes a completed Contract or Office of Procurement Services determines that no acceptable alternative Respondents exist.

4. The City reserves the right to reject any or all responses received or to award, without discussions or clarifications, a Contract based on initial response received. Therefore, each solicitation response should contain the Respondent’s best terms from a price and technical standpoint. Also, only Respondents submitting a solicitation response will be notified of any communications after the RFP closing.

XVIII. 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.

XIX. Late and Withdrawn Proposals

Solicitation responses are required to be submitted electronically using the City’s 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.

XX. 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. Request for Proposal 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 solicitation response 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 solicitation response “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Records https://dallascityhall.bonfirehub.com/login

Act to inspect information designated as trade secret or confidential in a solicitation response, the Respondent 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.

XXI. 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

XXII. 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.

XXIII. 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.

XXIV. 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.

XXV. 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.

XXVI. 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.

XXVII. 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.

XXVIII. 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) 1

1HAPTER XXII.1

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 solicitation responses 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 Respondent, the City and the Respondent 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 solicitation response, the Respondent 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.