ESBD_369590_1721919692949_RFP 24-162 Workplace Investigation Services (revised).pdf

RFP 24-162 Page 1 of 9

REQUEST FOR PROPOSAL (“RFP”) 24-162

WORKPLACE INVESTIGATION SERVICES

July 23, 2024

The City of Missouri City (“City”), Texas is soliciting sealed proposals from interested and qualified firms who can perform workplace investigations, and confidential and neutral investigations as described in Exhibit A Scope of Services on an “as-needed basis” in accordance with the terms and conditions specified herein.

The intent of this solicitation is to negotiate and establish an agreement with multiple firms.

Legal experience is preferred but not required; however, previous experience conducting personnel complaint investigations is required.

Interested firms who wish to respond to this solicitation must submit the required documents specified in Section 38 Submittals in a sealed envelope/package by 4 P.M. Central Daylight Time (“CDT”) August 19, 2024 addressed to:

The City of Missouri City, Texas Attn: City Secretary’s Office

Subject: RFP 24-162 (Do Not Open) 1522 Texas Parkway Missouri City, Texas 77489

Exhibit B Procurement Schedule contains the milestone dates associated with this solicitation.

Interested firms are highly encouraged to monitor the websites listed in Exhibit B Procurement Schedule which contains information where to send questions regarding this solicitation, and where any Amendments to this solicitation will be posted.

The City will accept sealed envelopes/packages between the hours of 8 A.M. and 5 P.M.

Monday thru Friday at the above location, and is not responsible for sealed envelopes/packages delivered late and/or to the incorrect address.

Purchasing Division Financial Services Department City of Missouri City, Texas http://www.missouricitytx.gov/

RFP 24-162 Page 2 of 9

Terms and Conditions

Section 1. Amendments:

The City reserves the right to change the requirements and terms and conditions specified herein via an Amendment, and any Amendment(s) is binding as if it were originally incorporated in this solicitation.

The City will not be bound by any oral explanations, instructions, clarifications, representations, or requirements regarding this solicitation unless it is issued by the CITY via an Amendment.

Interested firms are highly encouraged to monitor the websites listed in Exhibit B Procurement Schedule for any Amendment(s) that may affect this solicitation.

Section 2. Anti-Trust Violations:

Interested firms that engage in consistent and continued tie bidding could cause rejection of their proposal by the City and result in an investigation for possible Anti-trust violations.

Section 3. Blackout Period:

Upon issuance of the solicitation and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award information, proposers desiring to respond to this solicitation nor persons acting on their behalf will not communicate (orally or in writing) with any appointed or elected official or employee of the City (including their families) regarding this solicitation. Such action may be perceived as trying to obtain an unfair competitive advantage by attempting to persuade or influence the outcome of this solicitation.

Nothing prevents a proposer from contacting the Purchasing Division (who is the sole contact for this solicitation) per Exhibit B Procurement Schedule, or from making public statements to City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council Committee convened to discuss a recommendation regarding this solicitation.

Section 4. Cancellation:

The City reserves the right to cancel this solicitation at any time for any reason and may re-solicit the goods and services identified herein.

Section 5. City Council Approval:

Based on the results of this solicitation, any contract resulting from this solicitation may require the prior approval of the City Council of Missouri City, Texas.

Section 6. Clarification:

The City reserves the right to contact a proposer to have them clarify their proposal or request additional information.

RFP 24-162 Page 3 of 9

Failure of a proposer to respond promptly with the information requested by the City may result in their proposal being removed from further consideration by the City.

Section 7. Compliance with Laws:

The successful proposer shall Seek, obtain, and pay (independent of the City), all permits, certificates, and licenses required and necessary for the performance of the work specified herein.

Section 8. Contract:

Exhibit C contains the terms and conditions of the proposed contract.

Section 9. Damages:

If the successful proposer is required to perform any work on the City’s property, they shall be responsible for any damage(s) to the City’s equipment or property while performing the work under the executed contract.

Section 10. Data Collection:

Any collection or reporting of data regarding race, gender, or any other protected classification in the context of this contract solicitation (or this contract management system) is solely for the purpose of data collection and general information reporting. The City is committed to upholding all applicable federal, state, and municipal laws and regulations regarding non-discriminatory contracting practices, and the information gathered will not be used for any discriminatory practices or as a basis for decision making with respect to any contract award.

Section 11. Discrepancies:

A proposer who finds any ambiguities, errors, omissions, or inconsistencies in this solicitation should follow the instructions in Exhibit B Procurement Schedule regarding the submittals of questions.

Section 12. Due Diligence:

To protect the City’s best interests, the City may require the proposer (before the award of any contract), to show that it has the ability, capacity, and financial resources to provide the services specified herein in a satisfactory manner. Consequently, by submission of a proposal in response to this solicitation, the proposer agrees to promptly furnish to the City all requested information.

The City may take whatever actions are proper and necessary to determine if the proposer has the ability, capacity, and final resources to provide the services specified herein in a satisfactory manner.

RFP 24-162 Page 4 of 9

Section 13. Equal Opportunity Employer:

If awarded a contract as a result of this solicitation, the successful proposer acknowledges that they are an Equal Opportunity Employer, and they do not engage in employment practices that have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation.

Should complaints of any form of discrimination, either in the dispensation of the service or within company hiring policies be substantiated, any contract issued as a result of this solicitation may be terminated immediately.

Section 14. Errors:

A proposal that has been opened may not be changed to correct an error in the bid price.

However, should there be an error between the unit price and the extension price, the unit price shall govern.

Section 15. Ethical Behavior:

Proposers (and their authorized representatives/agents) will not engage in any behavior directly or indirectly that attempts to obtain favorable treatment concerning the outcome of this solicitation.

The City may, by written notice, cancel the contract without liability if it is determined by the City that a proposer who was awarded a contract engaged in unethical behavior.

Section 16. Evaluation Criteria:

All hard-copy responses received in accordance with the requirements specified herein will be evaluated by a Staff Evaluation Committee who will assign a raw score for each criterion using a 100-point scoring scale. The cumulative score will be determined by converting the raw score for each criterion into a weighted score using the applicable weighted percentage.

See Exhibit D Evaluation Criteria.

Section 17. Evaluation Process:

See Exhibit E Evaluation Process.

Section 18. Exceptions:

Any proposed exception(s) and/or modification(s) to any of the requirements or terms and conditions specified herein must be succinctly annotated on Attachment B Exceptions.

The City will review all statements annotated on Attachment B Exception to determine if they are in the best interests of the City, and reserves the right to accept, reject, modify, or negotiate any exceptions.

RFP 24-162 Page 5 of 9

Section 19. Form 1295 Certificate of Interested Parties:

To comply with § 2252.908 of the Texas Government Code, this solicitation will require the proposer to comply with the Texas Ethics Commission requirements regarding the disclosure of interested parties.

Therefore, the City requires that your sealed proposal/package include a completed Form 1295 which can be obtained by going to https://www.ethics.state.tx.us/tec/1295-Info.htm.

The City strongly encourages proposers to view the Instructional Video for Business Entities and read the Frequently Asked Questions.

Enter “24-162” as the Contract ID Number when prompted.

Section 20. Forms:

All documents relating to this solicitation can be obtained from the websites listed in Exhibit B Procurement Schedule, and proposers are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

Proposers should thoroughly review the documents provided and are encouraged to ask questions (per Exhibit B Procurement Schedule) about this solicitation. By doing so, the proposer is provided with an opportunity to obtain as much information as they deem necessary about this project to their satisfaction (including any potential difficulties), with the goal to submit to a complete, professional, and competitive proposal to the City.

It is up to the proposer to determine if any independent research is necessary in order to submit a complete, professional, and competitive proposal to the City.

Section 21. Freight:

If the shipment and delivery of any item(s) are required, all prices quoted shall be Free On Board (“FOB”) Destination.

Section 22. Informalities:

While evaluating the responses to this solicitation, the City may waive as an informality, any minor deviations in a proposer’s response provided such deviations do not affect a proposer’s competitive standing.

Section 23. Infringements:

During the term of the contract, the City shall be protected from any claims involving infringement of patents or copyrights.

Section 24. Insurance:

Refer to Section 12 of Exhibit C Draft Contract.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm https://www.ethics.state.tx.us/tec/1295-Info.htm

RFP 24-162 Page 6 of 9

The successful proposer shall be liable for the health and safety of its employees while they are performing the work under the executed contract.

Section 25. Interlocal Agreement:

A Governmental entity that has an Inter-local Agreement with the City shall be allowed to utilize this contract if there is a mutual agreement between the entity and the contractor. Any usage by any entity of the contract is between the successful proposer and the individual entity, and shall not affect the award of a contract as a result of this solicitation.

Section 26. Negotiations:

The City may elect to negotiate with proposers to establish a contract that is most advantageous to the City.

All negotiations will be done in good faith, and conducted in a professional and business-like manner.

Section 27. Notice To Proceed (NTP):

The City may issue an NTP to the successful proposer(s), and they agree to abide by the requirements, and terms and conditions specified therein.

Section 28. Pay:

The City shall pay for acceptable products/services net thirty (30) days after acceptance of the required goods and/or services. Acceptance by the City occurs when the City is satisfied with the delivered products and/or services.

The City reserves the right to process payments by use of a corporate Procurement Credit Card (“P-Card”) issued by J. P. Morgan Chase, and the proposer agrees not to charge the City any fees associated with the use of the P-Card.

Section 29. Proprietary Information:

All responses to this solicitation received and opened by the City are subject to the Texas Government Code, Chapter 552, and will be made available to the public. Except for the prices which shall not be kept confidential, proposers seeking to keep any other portion(s) of their proposal confidential shall mark each that portion as “Proprietary”. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The City may request a review and determination from the Attorney General’s Office of the State of Texas, of any contents marked as “Proprietary”. A copyright notice or symbol is insufficient to identify proprietary or confidential information.

Section 30. Project Manager:

Refer to Section 7 of Exhibit C Draft Contract.

RFP 24-162 Page 7 of 9

Section 31. Proposer’s Responsibility:

At the time of the opening of the sealed responses, a proposer is assumed to have inspected/visited the job sites (if applicable), understand the scope of the project requirements, and be familiar with the terms and conditions of the proposed contract.

Section 32. Requirements:

All goods and/or services offered (and subsequently delivered to the City), must meet or exceed the minimum specifications and requirements specified herein.

Section 33. Resubmission:

A proposer may resubmit a proposal at any time, as long as it is received by the CITY in accordance with the requirements specified on page 1 of this solicitation, or any Amendment(s) issued by the City.

Section 34. Reservation of Rights:

At a minimum, the City expressly reserves the right to:

• Reissue this solicitation;

• Reject or cancel any or all proposals;

• Specify approximate quantities in this solicitation:

• Extend the closing date and time of this solicitation;

• Procure the required good(s) or service(s) by other means;

• Add additional requirements, and terms and conditions to this solicitation;

• Reject a proposal that has material omissions and/or contains fraudulent information;

• Consider and accept alternate proposals if specified herein when it is most advantageous to the City;

• Reject any proposal containing exceptions, additions, qualifications, or conditions not called for in this solicitation; and/or,

• Reject any proposal from a proposer who is currently debarred or suspended by the

City, State, or Federal Government.

The aforementioned is not all-inclusive but is intended to convey that the City will take the necessary steps to protect its best interests.

Section 35. Silence of Specifications:

The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of specifications shall be made on the basis of this statement.

Section 36. Site Visit:

The City may visit a proposer’s site/facility to determine firsthand if they have the capacity, resources, and personnel to perform the work specified herein.

RFP 24-162 Page 8 of 9

Section 37. Submissions of Proposals:

All responses to this solicitation become the property of the City, and they will not be returned to the proposer.

A proposal may be withdrawn (i.e., removed from further consideration) after it has been received by the City, provided a letter addressed to the City’s Procurement Manager is e-mailed to Bids@missouricitytx.gov stating this request and the reason for the withdrawal.

The City will publicly open the sealed responses immediately after the due date specified on page 1 of this solicitation, or the date and time specified in any Amendment(s) issued by the City.

Proposers may attend the public opening of the sealed responses by reporting to the front desk at City Hall 1522 Texas Parkway Missouri City, Texas 77489, and letting the receptionist know of their desire to attend the opening of the sealed responses.

Proposals shall be opened to avoid disclosure of contents to competing offers, and only the name and location of the proposers will be announced. The City will not determine the successful proposer immediately after the proposals are opened.

All proposals submitted to the City shall be valid for a period of ninety (90) days from the specified due date.

Section 38. Submittals:

The sealed envelope/package must contain one (1) original document in a three-hole punch binder, and it should represent the proposer’s complete and professional response to this solicitation. The three-hole punch binder must contain the following information in sequence:

• Attachment A Proposal Cover Sheet

• The information required per Exhibit D Evaluation Criteria

• Attachment B Exceptions

• Attachment C Customer Reference List

• Attachment D Questionnaire

• Attachment E Resident Certification

• Attachment F Application for Local Preference

• Attachment G Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion (Page 2 of 2 only)

• Form 1295 Certificate of Interested Party

The sealed/package must also contain a flash drive with the requested information/response as one (1) complete pdf adobe document.

Proposals that do not comply with the instructions specified herein and/or do not address the City’s requirements may be removed from further consideration. However, the City reserves the right to accept said proposal if it is determined to be in the best interests of the City.

mailto:Bids@missouricitytx.gov

RFP 24-162 Page 9 of 9

Incomplete responses may be deemed non-responsive and removed by the City from further consideration.

The City is not responsible or liable for any costs incurred (directly or indirectly) by a proposer relating to the development of a response to this solicitation, or the proposer’s participation in any presentation(s) to the City.

Section 39. Substitutions:

Substitutions or deviations from the requirements or terms and conditions specified herein by the successful proposer(s) will not be accepted unless it has the prior written approval of the City.

Section 40. Supplements:

The following documents referenced in this solicitation are attached herein:

• Attachment A Proposal Cover Sheet

• Attachment B Exceptions

• Attachment C Customer References

• Attachment D Questionnaire

• Attachment E Resident Certification

• Attachment F Application for Local Preference

• Attachment G Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion

• Exhibit A Scope of Services

• Exhibit B Procurement Schedule

• Exhibit C Draft Contract

• Exhibit D Evaluation Criteria

• Exhibit E Evaluation Process

Proposers are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

Attachment A Page 1 of 1

RFP 24-162

Attachment A Proposal Cover Sheet

REQUEST FOR PROPOSAL (“RFP”) 24-162

WORKPLCE INVESTIGATION SERVICES

LEGAL NAME OF COMPANY

PRIMARY CONTACT PERSON TITLE

PRIMARY TELEPHONE/CELL NUMBER E-MAIL ADDRESS

ALTERNATE CONTACT PERSON TITLE

ALTERNATE TELEPHONE/CELL NUMBER E-MAIL ADDRESS

HISTORICALLY UNDERUTILIZED BUSINESS AUTHORIZED SIGNATURE

(YES OR NO)

YES AS DEFINED BY SECTION 2161.001 OF _____________________________________

THE GOVERNMENT CODE. COMPANY TAX ID NO.

The above agrees to comply with the requirements and terms and conditions annotated in the above-referenced solicitation and is providing the documents and information identified in the Section entitled: “Submittals”.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Attachment B Page 1 of 1

Attachment B Exceptions

The (insert name of your company) _________________________________________________ check one: *does not have (__) or **has (__) the following exceptions to the requirements specified in this solicitation:

NAME OF AUTHORIZED INDIVIDUAL SIGNATURE

Notes:

*This Attachment must be completed even if there are no exemptions.

**Attach additional sheets if necessary.

Attachment C Page 1 of 1

Attachment C Customer Reference List

Provide three (3) former or current customers your Firm has provided services similar to the work specified in this solicitation:

Customer Reference No. 1

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Dollar Amount of Contract:

Description of Services/Contract:

Customer Reference No. 2

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Customer Reference No. 3

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Attachment D Page 1 of 2

Attachment D

Questionnaire

Debarment/Suspension Information: Have you or any of the principal(s) of your company been debarred or suspended from contracting with any public entity?

Yes ___ No ___ If “Yes”, identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.

Surety Information: Have you had a bond or surety canceled or forfeited?

Yes ___ No ___ if “Yes”, state the name of the bonding company, date, amount of bond, and reason for such cancellation or forfeiture.

Bankruptcy Information: Have you ever declared bankruptcy or filed for protection from creditors under state or federal proceedings?

Yes ___ No ___ if “Yes”, state the date, court, jurisdiction, case number, amount of liabilities, and amount of assets.

Disciplinary Action: Have you received any disciplinary action, or any pending disciplinary action, from any regulatory bodies or professional organizations? If “Yes”, state the name of the regulatory body or professional organization, date and reason for disciplinary or impending disciplinary action.

Attachment D Page 2 of 2

Previous Contracts:

Have you ever failed to complete any contract awarded?

Yes ___ No ___ If “Yes”, state the name of the organization contracted with, services contracted, date, contract amount and reason for failing to complete the contract.

Has any officer or partner proposed for this assignment ever been an officer or partner of some other organization that failed to complete a contract?

Yes ___ No ___ If “Yes”, state the name of the individual, the organization contracted with, services contracted, date, contract amount, and reason for failing to complete the contract.

Has any officer or partner proposed for this assignment ever failed to complete a contract handled in his or her own name?

Yes ___ No ___ If “Yes”, state the name of the individual, the organization contracted with, services contracted, date, contract amount, and reason for failing to complete the contract.

How many full-time employees does your company employ? ________

Do you plan to subcontract any portion of the work specified herein: Yes ___ No ___

If you plan to subcontract any portion of the work, are any of the subcontractors a Historically

Underutilized Business as defined by Section 2161.001 of the Government Code? If yes, please identify:______________________________________________________________ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Attachment E

Resident Certification

Chapter 2252 of the Texas Government Code “CONTRACTS WITH GOVERNMENTAL

ENTITY, SUBCHAPTER A. NONRESIDENT BIDDERS”:

In accordance with Chapter 2252 of the Texas Government Code, a governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is:

(1) Not less than the greater of the following: (A) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located; or (B) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which a majority of the manufacturing relating to the contract will be performed; or

(2) Not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in: (A) the state in which the nonresident’s principal place of business is located; or (B) a state in which the nonresident is a resident manufacturer.

Definitions

(3) "Government contract” means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.

(4) "Governmental entity” includes a municipality.

(5) “Nonresident bidder” refers to a person who is not a resident.

(6) “Resident bidder” refers to a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

I certify that as defined in Texas Government Code, Chapter 2252 that:

Yes, I am a Texas Resident bidder

No, I am not a Texas Resident bidder

COMPANY NAME:

SECRETARY OF STATE FILING NUMBER: _______________________________

PRINTED NAME:

SIGNATURE:

Attachment E Page 1 of 1

Attachment F Application for Local Preference Consideration

Section 271.9051 (b) of the Texas Local Government Code

“CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS IN

CERTAIN MUNICIPALITIES”:

If you DO NOT have your principal place of business located within the City of Missouri City, Texas – STOP – do not fill out this form.

Texas Local Government Code Section 271.9051 (b): In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of the contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.

THIS “APPLICATION FOR LOCAL PREFERENCE CONSIDERATION” DOES NOT MEAN

THE CITY OF MISSOURI CITY, TEXAS IS LIMITING RESPONSES TO THIS SOLICITATION

ONLY TO THOSE BUSINESSES LOCATED WITHIN THE CITY LIMITS. ALL RESPONSES

ARE WELCOME. THE CITY RESERVES THE RIGHT TO REJECT ALL RESPONSES.

INTERESTED FIRMS WHO WISH TO QUALIFY UNDER THE LOCAL PREFERENCES LAW

MUST HAVE THEIR PRINCIPAL PLACE OF BUSINESS LOCATED WITHIN THE LIMITS

CITY OF MISSOURI CITY, TEXAS.

If your principal place of business is within the Missouri City, Texas limits AND you want to apply for local preference consideration, then you MUST:

1. Complete this form; and

2. Describe in writing, and attach supporting documentation, the additional economic development opportunities for the City of Missouri City, Texas that will be created if you are awarded this contract. Include the number of Missouri City, Texas residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of Missouri City, Texas if you are awarded this contract.

I certify that I am a local bidder.

COMPANY NAME:

ADDRESS OF PRINCIPAL PLACE OF BUSINESS (DO NOT PUT P.O. MAILING ADDRESS):

PRINTED NAME:

SIGNATURE:

*** Read item #2 above BEFORE signing. ***

Attachment F Page 1 of 1 https://statutes.capitol.texas.gov/Docs/LG/htm/LG.271.htm

Attachment G

Instructions For Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Federal Funding

1. By signing and submitting this proposal and the certification form, the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is providing the certification set out on the following form in accordance with these instructions.

2. The certifications in this clause are a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective participant (BIDDER/PROPOSER/ SUBRECIPENT) knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) shall provide immediate written notice to the person to whom this bid/proposal is submitted if at any time the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, "without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the No Procurement List.

8. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Attachment G Page 1 of 2

Certification Regarding Debarment, Suspension, Ineligibility, And Voluntary Exclusion

Project Name:

Location:

Solicitation No.:

This certification is required (or may be required) by the federal regulations implementing Executive Order 12549, Debarment and Suspension. The regulations were published as Part VII of the May 26, 1988, Federal Register (pages 19160-19211).

READ INSTRUCTIONS BEFORE COMPLETING THE CERTIFICATION

(1) The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) certifies, by submission of this document that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State Department or Agency.

(2) Where the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation.

Company

Name and Title of Authorized Representative

Signature Date

Attachment G Page 2 of 2

Exhibit A

Scope of Services

At a minimum, provide all the necessary qualified personnel, administration, supervision, transportation, insurance, equipment, materials, supplies, and other ancillary item(s) or resource(s) needed to perform the services on an “as-needed basis”:

1. Conduct workplace investigations when allegations are made regarding inappropriate conduct including, but not limited to: discrimination, harassment, retaliation, code of conduct/ethics, and respectful workplace issues.

2. Independently coordinate and conduct investigations with the assistance of the City's designee.

3. Provide investigation services, including a legal analysis and recommendation. If additional services, such as workplace relations services (i.e. complaint intake), are provided, describe them.

4. Design and maintain systems for the collection, storage, usage, computerization, and dissemination of information, data, and materials.

5. If employee services are provided, provide employee relations services including reporting and employer notification, for both civil Service (Texas Local Government Code Chapter 143) employees and non-civil service employees within twenty-four hours of receiving a compliant.

6. Render an opinion on whether reviewed investigations comply with generally acceptable standards for investigations within fourteen (14) business days of receipt of necessary documents for review.

7. If applicable, render an opinion on whether the discipline assessed is consistent with

City and Departmental discipline for similar charges within fourteen (14) business days of receipt of necessary documents for review.

8. Provide a written report summarizing facts of the investigation and an opinion on whether an allegation is substantiated within fourteen (14) business days of assignment. If, following the initial review, the scope of work needs to be expanded, the fourteen (14) business day deadline may be waived.

9. Provide a written summary and a verbal de-brief for all investigations.

10. Prepare analysis and recommendation reports regarding the findings of the investigations.

11. Respond to telephone and written inquiries.

12. Communicate information to the applicable City departments and City officials.

13. Produce well-written and well-reasoned work products.

14. Work with an array of individuals in all levels of the organization.

15. Conduct training, as necessary and as further defined by City Staff.

16. Meet stringent deadlines.

17. Produce well-written reports.

18. Perform other duties as assigned.

Exhibit B Page 1 of 1

Exhibit B

Procurement Schedule

Item Event Date

1 Posting of all documents relating to this solicitation on the following websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

July 25, 2024

2 Deadline for the Submittal of Written Questions and/or any discrepancies per Section 11 of the solicitation to Bids@MissouriCitytx.gov.

(Note: Questions must be submitted on your company letterhead, addressed to the City’s Procurement Manager, dated, and reference “RFP 24-162”. The City will not respond to comments, suggestions, or observations about this solicitation.)

3 P.M. CDT

July 31, 2024

3 Posting of Answers to Written Questions on the following websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

(Note: You are encouraged to monitor the websites for any Amendments that may affect this solicitation.)

3 P.M. CDT

August 5, 2024

4 Due Date for Sealed Responses

(Note: See page 1 of the RFP to determine where to send the sealed responses, and Section 38 for the required documents.)

4 P.M. CDT

August 19, 2024 https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.demandstar.com/ mailto:Bids@MissouriCitytx.gov https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.demandstar.com/

EXHIBIT C

DRAFT PROFESSIONAL/CONSULTING SERVICES AGREEMENT

Professional/Consulting Services Agreement

PSA 24-

Rev. 08-2021

This AGREEMENT (“Agreement”) is entered into by and between the undersigned, ____________________ (“CONTRACTOR”), located at ____________________ and the City of Missouri City (“CITY”), Texas, a municipal corporation of the State of Texas, located at 1522 Texas Parkway, Missouri City, Texas 77489.

Section 1. Services: CONTRACTOR will perform the designated services and/or provide the designated products as set forth in Exhibit A (“Services”), which is attached hereto and incorporated for all purposes. The work under this Agreement shall be completed as detailed in Exhibit A. The terms and conditions of this Agreement take precedence over all exhibits and attachments.

Section 2. Term and Termination: This Agreement shall begin upon date of execution and shall terminate ____________________ . After the initial term, this Agreement shall be deemed renewed automatically each year for up to three (3) additional, one-year terms, unless the CITY or the CONTRACTOR elects not to renew this Agreement with thirty (30) days written notice.

This Agreement may be terminated, upon thirty (30) days written notice, by the CITY without cause or by the CONTRACTOR for cause. This Agreement may be terminated immediately by the CITY for cause. Upon termination, CITY shall pay CONTRACTOR, at the rate set out in Exhibit B, attached hereto and incorporated herein for all purposes, for Services satisfactorily performed up through the date of termination. Notwithstanding any provision in this Agreement to the contrary, CITY will not be required to pay or reimburse CONTRACTOR for any services performed or for expenses incurred by CONTRACTOR after the date of the termination notice that could have been avoided or mitigated by CONTRACTOR.

Section 3. Compensation: The CONTRACTOR shall be paid for the services as set forth in Exhibit A. The CITY shall pay the CONTRACTOR in accordance with the Texas Government Code, Chapter 2251.

For and in consideration of the services provided by the CONTRACTOR pursuant to this Agreement, the CITY shall pay the CONTRACTOR the amount not to exceed ___________________________________ ($_________.00).

The CONTRACTOR must submit invoices for all goods and/or services, and such invoices must include dates and hours of service and details of services provided. Invoices must reference the executed contract number or purchase order number. Invoices shall be submitted to the City staff member as noted in Section 20 or designee. Payment for delivery of Services rendered shall not be unreasonably withheld or delayed. The CITY shall be under no obligation to pay for services rendered without prior authorization. Invoices shall also be submitted electronically to Accounts Payable accountspayable@missouricitytx.gov with a copy to the

The CONTRACTOR shall be provided a purchase order number from the CITY and such number shall be referenced on all invoices submitted to the CITY. When the CITY believes there is mailto:accountspayable@missouricitytx.gov mailto:accountspayable@missouricitytx.gov an error on the invoice received from CONTRACTOR, the CITY has until the twenty-first (21st) day after receipt to notify the vendor of the dispute. If resolved in favor of the CITY, the vendor must submit a new invoice and the CITY has thirty (30) days to pay. If the dispute is resolved in favor of the vendor, interest is due from the original date on which the invoice would have become overdue.

Section 4. Expenses: CONTRACTOR will not be reimbursed for travel-related expenses incurred in the pursuit of this Agreement unless they are specified in Exhibit A. Documentation, which shall consist of original receipts, of costs, including, but not limited to, hotel and transportation costs, shall be provided by the CONTRACTOR for all expenses incurred in the performance of this Agreement, except mileage from the CONTRACTOR’s personal automobile.

Section 5. Limit of Appropriation and Fiscal Funding. The CONTRACTOR clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the CITY shall have available the amount budgeted by the CITY to discharge any and all liabilities which may be incurred by the CITY pursuant to this Agreement and that the total maximum compensation that the CONTRACTOR may become entitled to hereunder and the total maximum sum that the CITY shall become liable to pay to the CONTRACTOR hereunder shall not under any conditions, circumstances, or interpretations, hereof, exceed the said total maximum sum provided for in this section without prior written permission from the CITY. The CITY’S fiscal year is October 1 through September 30. If this Agreement extends beyond September 30th, there shall be a fiscal funding out. If, for any reason, funds are not appropriated to continue the contract in the new fiscal year, this Agreement shall become null and void on the last day of the current appropriation of funds without penalty of any kind or form to the CITY.

Section 6. Relationship of the Parties: CONTRACTOR is an independent contractor and is not an employee, partner, joint venture, or agent of CITY. CONTRACTOR understands and agrees that he/she will not be entitled to any benefits generally available to City of Missouri City employees. CONTRACTOR shall be responsible for all expenses necessary to carry out the services under this agreement, and shall not be reimbursed by CITY for such expenses except as otherwise provided in this Agreement.

Section 7. Authority of City Project Manager: All Services to be performed by the CONTRACTOR hereunder shall be performed to the satisfaction of the CITY’S project manager, namely the City Manager or his/her designee. The CITY’S project manager shall decide any and all questions, which may arise as to the quality or acceptability of the services performed by the CONTRACTOR and the decisions of the CITY’S project manager in such cases shall be final and binding on both parties. However, nothing contained herein shall be construed to authorize the CITY’S project manager to alter, vary or amend this Agreement.

Section 8. Intellectual Property: This Agreement shall be an agreement for services and the parties intend and consider any work created as a result of this Agreement, including any and all documentation, images, products or results, to be a work for hire under federal copyright law.

Ownership of the work shall belong to and remain the exclusive property of CITY. The work may be edited at any time within the CITY’s discretion without liability to Contractor. If the work would not be considered a work-for-hire under applicable law, CONTRACTOR hereby assigns, transfers, and conveys any and all rights, title and interest to CITY, including without limitation all copyrights, patents, rights of reproduction, rights to ownership, and right to secure registrations, renewals, reissues and extensions thereof. As the sole copyright holder of the work, CITY maintains and asserts the rights to use, reproduce, make derivative works from, and/or edit the work in any form of medium, expression or technology now known or hereafter developed, at any time within the City’s discretion. CONTRACTOR shall not sell, disclose or obtain any other compensation for the Services provided herein. If the work is one to which the provisions of 17 U.S.C. § 106A apply, the CONTRACTOR hereby waives and appoints CITY to assert on the CONTRACTOR's behalf the CONTRACTOR's moral rights or any equivalent rights regarding the form or extent of any alteration to the work (including, without limitation, removal or destruction) or the making of any derivative works based on the work, including, without limitation, photographs, drawings or other visual reproductions of the work, in any medium, for CITY purposes.

Section 9. Confidentiality: During the term of this Agreement, CONTRACTOR may come in contact with confidential information of CITY. CONTRACTOR agrees to treat as confidential the information or knowledge that becomes known to CONTRACTOR during performance of this Agreement and not to use, copy, or disclose such information to any third party unless authorized in writing by CITY. This provision does not restrict the disclosure of any information that is required to be disclosed under applicable law. CONTRACTOR shall promptly notify CITY of any misuse or unauthorized disclosure of its confidential information and upon expiration of this Agreement shall return to CITY all confidential information in CONTRACTOR’s possession or control.

CONTRACTOR shall further comply with all City information security policies that may apply and shall not make any press releases, public statements or advertisement referring to the Services provided under this agreement or the engagement of CONTRACTOR without the prior written approval of CITY.

Section 10. Warranties and Representations: CONTRACTOR warrants and agrees that CONTRACTOR shall perform the Services and conduct all operations in conformity with all applicable federal, state, and local laws, rules, regulations, and ordinances. For any Service performed on premises owned or controlled by CITY, CONTRACTOR warrants and agrees that CONTRACTOR will perform the Services in compliance with all CITY rules, including but not limited to, prohibitions related to tobacco use, alcohol, and other drugs.

Section 11. Licenses/Certifications: CONTRACTOR agrees to obtain, at its own cost, any and all approvals, licenses, filings, registrations and permits required by federal, state or local laws, regulations or ordinances, required for the performance of the Services.

Section 12. Performance/Qualifications and Assignment: CONTRACTOR agrees and represents that CONTRACTOR has the personnel, experience, and knowledge necessary to qualify CONTRACTOR for the particular duties to be performed under this Agreement.

CONTRACTOR warrants that all services performed under this Agreement shall be performed consistent with generally prevailing professional or industry standards. The CITY and the CONTRACTOR bind themselves and their successors, executors, administrators, and assigns to this Agreement and to the successors, executors, administrators and assigns of the other party, in respect to all covenants of this Agreement. Neither the CITY nor the CONTRACTOR shall assign, sublet or transfer its or his interest in this Agreement without the written consent of the other, which consent will not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto.

**IF CONTRACTOR IS AN ARCHITECT OR ENGINEER

Section 12. Performance/Qualifications and Assignment: CONTRACTOR agrees and represents that CONTRACTOR has the personnel, experience, and knowledge necessary to qualify CONTRACTOR for the particular duties to be performed under this Agreement.

CONTRACTOR warrants that all services performed under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license. The CITY and the CONTRACTOR bind themselves and their successors, executors, administrators, and assigns to this Agreement and to the successors, executors, administrators and assigns of the other party, in respect to all covenants of this Agreement. Neither the CITY nor the CONTRACTOR shall assign, sublet or transfer its or his interest in this Agreement without the written consent of the other, which consent will not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto.

Section 13. Insurance Requirements: If required, as indicated below, the CONTRACTOR shall procure and maintain, with respect to the subject matter of this Agreement, appropriate insurance coverage with limits to cover the CONTRACTOR'S liability as may arise or cause, directly or indirectly, from work performed under terms of this Agreement.

If applicable, one or more current certificates of liability insurance is required to be submitted to the Purchasing Office before the CITY will enter into a contract with the CONTRACTOR. The Certificate(s) of Insurance shall be an attachment to this Agreement. See Exhibit __.

POLICY REQUIREMENTS (CHECK ALL THAT APPLY)

The CONTRACTOR and all subcontractors performing work for the CONTRACTOR under this Agreement shall furnish one or more completed insurance certificates to the CITY prior to the effective date of the Agreement, which shall be completed by an agent…