ESBD_375121_1725050851244_RFP-2024-023 - Ice Skating Rink.pdf

RFP-2024-023

Ice Skating Rink

Request for Proposal for

ICE SKATING RINK

RFP-2024-023

Issued: August 30, 2024

PROPOSAL SUBMISSION DEADLINE:

****** September 20, 2024 by 12:00 PM Local Time *******

NO LATE PROPOSALS SHALL BE ACCEPTED

RESPONSES SHALL BE DELIVERED TO:

CITY OF DESOTO PURCHASING DEPARTMENT

City of DeSoto 211 E. Pleasant Run Road DeSoto, Texas 75115

RESPONSES SHALL BE MAILED TO:

CITY OF DESOTO PURCHASING DEPARTMENT

City of DeSoto 211 E. Pleasant Run Road DeSoto, Texas 75115

PRE-SUBMITTAL CONFERENCE WILL BE

HELD: (Non-mandatory)

September 6, 2024 at 12:00 P.M. (Local Time)

NAME AND ADDRESS OF COMPANY

SUBMITTING PROPOSAL:

Contact Person: __________________________

Title: ___________________________________

Phone: ( )__________ Fax: ( )__________

Email: __________________________________

Signature: _______________________________

Printed Name: ___________________________

FOR ADDITIONAL INFORMATION

REGARDING THIS PROPOSAL, PLEASE

CONTACT:

Procurement@DeSototexas.gov

RETURN THIS COVER SHEET WITH

RESPONSE TO:

City of DeSoto Purchasing Division Attn: Purchasing Manager

DeSoto, Texas 75115-3939

Shall contract be available for Cooperative Contract use? (See Section 26, page 9) Yes____ No____

Acknowledgment of Addenda: #1_______ #2 _______ #3 _______ #4 _______ #5 _______

REQUEST FOR PROPOSAL

PART I - GENERAL INFORMATION

1.1 SEALED PROPOSALS will be received in the City of DeSoto’s Purchasing Office at

211 East Pleasant Run Road, DeSoto, Texas 75115 until 12:00 P.M. CST on September 20, 2024, for Ice Skating Rink. All qualified firms are invited to submit proposals to the City of DeSoto. The successful respondent must be qualified to provide professional management, operations, and marketing services for the Ice-Skating Rink and have the financial capacity/resources, proven and direct Ice-Skating Rink management experience, and the ability to perform said services.

Solicitation packet can be accessed at www.publicpurchase.com.

SUBMIT: Three (3) bound copies and one (1) USB flash-drive of all requested documentation must be received on or before 12:00 P.M. CST on September 20, 2024.

ADDRESS BOUND COPIES TO: Finance Department Purchasing Office

Attention: Purchasing Manager

DeSoto, Texas 75115

MARK OUTSIDE OR SUBJECT LINE: RFP-2024-023 – Ice Skating Rink

1.2 INTRODUCTION

General Information

The City of DeSoto, Texas, is requesting sealed proposals from qualified Ice-Skating Rink Management Companies to purchase, install, operate, maintain, and store an outdoor seasonal Ice-Skating Rink for public use.

The contract shall be for an initial term of one (1) year with the option of two (2) yearly renewals. The renewal option shall be based on acceptable contract performance under the terms of the contract. Such determination shall be conducted no later than 30 days after the end of each skating season, at which time the City will notify the contractor of its intent to renew.

The City will determine, to its advantage, which of the options:

1. A concession with the City being paid a percentage (%) of the vendor’s gross revenue profit. The vendor will purchase, install, operate, maintain, and store an outdoor seasonal Ice-Skating Rink for public use at no cost to the City. The vendor assumes full responsibility for all that is required to operate the Ice-Skating Rink; OR

2. The City rents the Ice-Skating Rink and the vendor installs, operates, maintains, and stores an outdoor seasonal Ice-Skating Rink for public use. The City desires to take not less than 70% of the gross revenue and will be open to negotiation.

1.3 Schedule of Events

EVENTS DATE AND/OR TIME

Release Proposals Friday, August 30, 2024

Non-mandatory Pre-Proposal Meeting September 6, 2024, at 12:00 p.m.

Last Day for Offerors to submit written questions via www.publicpurchase.com or email to procurement@desototexas.gov.

September 13, 2024

Proposal Due Date Friday, September 20, 2024, at 12:00 P.M.

The following Schedule of Events represents the City’s estimate of the timetable that will be followed in connection with this solicitation.

The City reserves the right, at its sole discretion, to adjust this Schedule of Events as it deems necessary. If necessary, the City will communicate adjustments to any event in the Schedule of Events in the form of an amendment. Amendment to this RFP will only be issued and posted on the PublicPurchase.com.

II. SCOPE OF WORK AND SERVICES:

2.0 Summary

In accordance with sound engineering practices and acceptable methods of design associated with the Ice-Skating Rink industry in general, the successful operator will plan, operate, produce, direct, and provide all services, labor, and materials necessary for the Ice-Skating Rink, except those identified in section 2.4, and will work with the City of DeSoto to provide a high-quality seasonal Ice-Skating Rink skating experience for the public.

2.1 Period of Performance:

The services shall be provided following the schedule below:

Rink Installation November 1 – November 23 Open to the Public November 24 – January 7 Rink Removal Window January 7 – January 22 http://www.publicpurchase.com/

2.2 Operator Deliverable Materials:

• Rink Piping Grid System (70’ x 45’) or (80’ x 35”). Depending on final agreed location of Rink.

• Glycol (secondary refrigerant).

• Air-cooled chiller, pumps, hoses, and all peripheral equipment.

• Refrigeration Technician on call 24-Hours during the Entire Project.

• Skate/POS Trailer or Tent structure to house rental skates and POS.

• Appropriately sized skate changing area immediately beside Ice Skating Rink with benches, including rubber flooring sufficient to protect underlying surfaces.

• Appropriate number of rental skates for use during the season. Supply and install racks to accommodate skates and equipment necessary for skate repairs.

• Protection of all hoses and electrical cords associated with the Ice-Skating Rink operation in accordance with City Codes.

• Fencing or barricades to control entry/exit and around all equipment, as necessary.

• Ticket Sales/Skate Rental Area Structure in close proximity to the skate changing area/Ice Skating Rink.

• Portable Sound System/P.A. with the appropriate holiday, family-friendly popular music selections and public safety announcements.

• All labor, materials, and designs set forth by the rink operator will be in compliance with the City of DeSoto Codes.

• Liability Related Signage and Waiver Forms.

2.3 Operator Responsibilities:

• Project Management to include installation, removal and storage of a modular Ice-Skating Rink and equipment.

• Supervision and general labor of set up and strike.

• Professional installation of all of the foregoing by competent technicians holding the appropriate licenses and certifications, as well as transportation and freight to and from the location of all equipment and supplies. In addition, all travel expenses for all out-of-town professional personnel.

• All day-to-day management and operational staffing of the facility, including points of sale, skate rental functions, safety monitor functions and maintenance of Ice-Skating Rink. Hours of operation to be determined and finalized with final approval by client.

• Upon reasonable notice, City of DeSoto may require the operator to provide additional items necessary for the safe and efficient operation of the Ice-Skating Rink.

2.4 City of DeSoto Responsibilities:

• 3-phase, 480-volt, 300-amp continuous power source for refrigeration.

• 110-volt power source for Skate Rental Trailer/Tent, sound, and lighting.

• Continuous water source adjacent to the rink site, (Fire Hydrant preferred) including connections and water meter.

• Electrical and water utility fees associated with the Ice-Skating Rink operation.

• Level site (Ice Skating Rink footprint) to within +/- 1” on the perimeter.

• Up to 24 cubic yards of high-quality cushion sand for site leveling purposes.

• Coordination and payment of all permits and licenses required for installation and operation of the equipment and event, if required.

• All lighting features and decorations,

• Restrooms nearby the Ice-Skating Rink operation,

• All Marketing and Public Relations Support.

• Security of rink facilities, when the rink is not open to the public, which may include general patrol of the client’s Ice-Skating Rink area, rather than a complete 24/7 security watch. Security cameras will be installed both within and outside the Ice-Skating Rink.

• Power for food concession, if any.

2.5 Warranty:

All labor and materials will be warranted for the entire seasonal operation. Any rink defects or deficiencies due to the installation or operation of the Ice-Skating Rink by the operator will be repaired and rectified in a reasonable time frame in order to minimize impacts on the day-to-day operation of the rink.

III. PROPOSAL SUBMITTALS

3.0 Required Content:

Failure by any Proposer to respond to a specific requirement may result in disqualification. The City of DeSoto reserves the right to accept or reject any or all proposals. Proposers are reminded that proposals will be considered exactly as submitted. Points of clarification will be solicited from the Proposers at the discretion of the City. Those proposals determined not to be in compliance with provisions of the RFP and the applicable law and/or regulations will not be deemed non-responsive.

All costs incurred by the Proposer associated with RFP preparations and subsequent interviews and/or negotiations, which may or may not lead to the execution of an agreement, shall be borne entirely and exclusively by the Proposer.

The information provided by the contractor selected for contract award will form the basis for negotiation of a contract. The City of DeSoto reserves the right to issue a contract without further negotiation using the information contained in the RFP. Failure of a prospective contractor to accept this method of contract development will result in cancellation of the award.

3.1 Proposal Format:

The proposal format requirements are designed to aid Proposers in their proposal development to provide a structured format for reviewers to systematically evaluate multiple proposals.

Proposals must be submitted in three (3) bound copies of the proposal packet and one

(1) USB flash-drive.

The Proposer is to demonstrate the technical capabilities, professional qualifications, past project experiences, and knowledge within the industry. Proposals must address all the points outlined herein as required, in the following order:

1. Transmittal Letter: A transmittal letter must be submitted with the proposal which shall include:

a. The RFP subject “Ice Skating Rink Proposal”.

b. Name of the company responding, including mailing address, e-mail address, telephone number, and name of the primary contact representative.

c. The name AND signature of the representative authorized to make decisions, binding the firm into a contract.

2. Qualifications and Experience: To better understand the team who will be assigned to this project, please provide the following:

a. A brief description of the company, organization structure, location of principal offices, number of professional personnel.

b. A qualification summary containing a description of the company’s qualifications and the personnel supporting the operation.

c. The name and relevant experience of the principal in charge.

d. A minimum of three (3) past projects completed that are similar in size and scope. Please include pertinent information about each of the Ice-Skating Rink operations such as the number of participants, size of the rink, pictures, number of incidents/accidents/injuries, and insurance claims.

e. Include any unique approaches that have been successfully implemented to overcome challenges with previous Ice-Skating Rink operations.

3. Project Understanding and Approach: Describe the overall approach to be used to meet the scope of services identified in this RFP, including:

a. Details of deliverable materials, including type and age of equipment.

b. Submit a proposed layout of the rink area and all supporting operation structures, equipment, trailers, etc.

c. Provide a detailed schedule for the project within the provided period of performance.

4. Business Model: Revenues associated directly with the operation of the Ice-Skating Rink are to be collected and attained by the operator. Describe the business model that will be executed to perform the services included in this RFP, including:

a. Preferred hours of operation for each day of the week.

b. Skate rental fee and amount of time allotted to each skate rental.

c. Protocols put in place to accommodate up-to-date guidelines related to

COVID-19 and other seasonal pandemics as suggested or required by State, County, and Local agencies.

d. Cross-promotional opportunities and/or partnership ideas with local businesses, not-for-profit organizations, and/or the City for the benefit of the operator, the DeSoto community, and the local economy.

IV. PROPOSAL EVALUATION CRITERIA

4.0 PROPOSAL EVALUATION CRITERIA

Proposals will be evaluated based on the factors outlined within this section, which shall be applied to all eligible, responsive proposals in selecting the successful Proposer.

The evaluation criteria will be based on a point system associated with the following factors:

The Selection Committee will review proposals using the following criteria as a general guide to determine which, if any, proposals are the most advantageous to the City’s needs and which respondent is most qualified to provide the requested services:

A. Years of experience in operating an Ice-Skating Rink facility or similar recreational facility. (15 Points) B. Specialized experience in food and beverage services. (5 Points) C. Specialized experience in providing live entertainment, special events, etc. (5

Points) D. Quality of Business Plan. (10 Points) E. Quality of Marketing Plan. (10 Points) F. Quality of Facility Maintenance Plan and Risk Management/Safety Program. (10

Points) G. Value of proposed rent to the City. (20 Points) H. Value of the proposed percentage of gross revenue to the City. (20 Points) I. Professional reference information. (5 Points)

The City reserves the right to interview or call for a presentation from any respondent submitting a response, as well as form additional evaluation criteria for the presentations.

The Selection Committee also reserves the right to discuss the proposals with any or all respondents. Nothing in this RFP is intended to be, nor should anything herein be construed as, an offer of engagement. A selection or designation of a successful respondent shall not be construed as an offer of engagement until and unless a contract is fully negotiated. For the contract to take effect, all applicable parties with the authority to bind the respective entity must sign the agreement.

4.1 DEADLINE

PROPOSALS DELIVERED AFTER THE TIME AND DATE SET FOR RECEIPT OF

PROPOSALS SHALL NOT BE ACCEPTED AND WILL BE RETURNED

UNOPENED TO THE OFFEROR. IT IS THE OFFEROR’S RESPONSIBILITY TO

ENSURE THE TIMELY DELIVERY OF THEIR PROPOSAL. WEATHER, FLIGHT

DELAYS, CARRIER ERRORS, AND OTHER ACTS ARE RISKS ALLOCATED TO

OFFERORS AND WILL NOT BE EXEMPTED FROM DEADLINE

REQUIREMENTS. EMAIL, TELEPHONE, OR FACSIMILE PROPOSALS WILL

NOT BE ACCEPTED.

4.2 PROPRIETARY AND/OR CONFIDENTIAL INFORMATION

Your proposal or Proposal is a public document under the Freedom of Information Act (FOIA), except for information that may be treated as confidential as an exception to disclosure under the FOIA. If you cannot agree to this standard, please do not submit your Proposal or proposal.

All information that is to be treated as confidential and/or proprietary must be CLEARLY identified, and each page containing confidential and/or proprietary information, in whole or in part, must be stamped and/or denoted as CONFIDENTIAL, in bold, in a font of at least 12-point type, in the upper right-hand corner of the page.

All information not so denoted and identified shall be subject to disclosure by the City.

4.3 QUESTIONS AND COMMUNICATION

This Request for Proposal is being issued by the City of DeSoto Purchasing Office.

Please direct all questions or request for clarification of this RFP only via www.publicpurchase.com or email to procurement@DeSototexas.gov.

4.4 SELECTION PROCESS

A selection team will review and evaluate the proposals. The selection team members will complete evaluation forms, scoring each item and considering the information provided in the proposals.

The selection team may elect to interview firms short-listed but reserves the right to award the contract based upon the City’s review and ranking of proposals.

The City of DeSoto reserves the right to reject any or all proposals, or any parts thereof, waive informalities, negotiate terms and conditions, and select an Offeror that best meets the needs of the City of DeSoto.

4.5 GENERAL TERMS AND CONDITIONS

A. Proprietary Information

The contractors are asked for any restriction on the use of data contained in their responses and told that proprietary information will be handled in accordance with applicable laws, regulations, and policies of the City of DeSoto.

All proprietary information shall be labeled as such in the proposal.

B. Acceptance of Proposal Content

Before submitting an offer, each respondent shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the offer will rely.

http://www.publicpurchase.com/ mailto:procurement@desototexas.gov

If the offeror receives an award as a result of its proposal, failure to have made such investigations and examinations will in no way relieve the offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the consultant for additional compensation.

V: CONTRACT NOTICES

5.1 TAX EXEMPTION

The City of DeSoto is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in any contract that may be awarded from this solicitation.

5.2 CONTRACT INCORPORATION

The contract documents shall include the City’s Contract (sample service contract form provided as Attachment “H”) and such other terms and conditions as the parties may agree.

5.3 CONFLICT OF INTEREST

No public official shall have interest in this contract, in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171.

5.4 CERTIFICATE OF INTERESTED PARTIES FORM 1295

The successful proposer is required to complete online and notarize the Certificate of Interested Parties Form 1295 and the form must be submitted to the Purchasing contact listed in the solicitation if the purchase/contact will be presented to the City Council.

The form is completed at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

https://www/

ATTACHMENT “A”

PROPOSAL COST SHEET

OPTION A - CONCESSION

PERCENTAGE (%) OFFER TO THE CITY

GUARANTEED REVENUE

OPTION B - RENT AND MANAGEMENT

RENT

OPERATIONAL EXPENSE COST

PERCENTAGE OF NET REVENUE TO

VENDOR

ATTACHMENT “B”

OFFICIAL PROPOSAL FORM and CERTIFICATION

FOR THE CITY OF DESOTO, TEXAS

This certification must be submitted with the Proposal.

Honorable Mayor and City Council Members:

The undersigned hereby proposes to furnish and deliver FOB destination point as listed on individual Purchase Orders:

The line items listed in accordance with the Net Prices and other conditions shown herein, and in accordance with the City’s Specifications and General Terms and Condition Specifications. When issued, Letters of Clarification shall automatically become part of this Proposal document and shall supersede any previous specifications or provisions in conflict with the Letters of Clarification. It is the responsibility of the Proposer to ensure that it has obtained such letters. By submitting a Proposal on this project, Proposer shall be deemed to have received all Letters of Clarification and to have incorporated them into its Proposal. THE MANUFACTURER’S NAME, PRODUCT

NAME AND PRODUCT NUMBER SHOULD BE DESIGNATED IN OFFERER’S NOTES,

EVEN IF PROPOSALDING AS SPECIFIED.

The City may accept this Proposal offer by issuance of a Notice of Award Letter and/or a Purchase Order covering award of said Proposal to this Proposer at any time on or before the 120th day following the day this Official Proposal Form is opened by the City. This offer shall be irrevocable for 120 days after Proposal opening, or for 90 days after City Council awards the Proposal, whichever comes last, but this period may be extended by written agreement of the parties.

THIS PROPOSER IS AND REPRESENTS THAT IT IS AN EQUAL OPPORTUNITY

EMPLOYER

The undersigned hereby offers to furnish and deliver the goods and/or services as specified at the prices and terms herein stated and in accordance with the Invitation to Proposal, Clarification Letters, and General Terms and Condition Specifications, all of which are made a part of this offer.

All pages of the City of DeSoto’s form, including but not limited to the General Terms and Conditions, Specifications and page one of this Proposal invitation are incorporated by reference into this Proposal for all purposes.

NOTICE TO ALL NEW CONTRACTORS WHO HAVE NOT

CONDUCTED BUSINESS WITH THE CITY OF DESOTO

FEDERAL FORM W9 REQUIREMENT:

The “Request for Taxpayer Identification Number and Certification” Federal Form W-9 should be filled out and returned with your Proposal. This form is available from any Federal Office or from The City of DeSoto Finance Office and has not been included as part of this Proposal package. The form should be mailed to The City of DeSoto, Purchasing Department, 211 East Pleasant Run Rd. DeSoto, TX 75115.

This form is REQUIRED to be on file BEFORE we can conduct any business with any Contractor. Submitting this form will assist us in setting your company up as a certified Contractor of the City of DeSoto.

PROPOSERS CERTIFICATION:

I, the undersigned, by signing the following statement agree that I have read and understand all of the terms and conditions, specifications, and requirements contained on each page of this Invitation to Proposal. I also understand that if this Proposal is accepted by the City of DeSoto that all of the terms and conditions, specifications, and requirements submitted in my Proposal and any additions, changes, or deletions made during negotiations will be made a part of this proposal under a binding contract between my company and The City of DeSoto, Texas. I also certify that this proposal is made without previous understanding, agreement, or connection with any person, firm, or corporation making a proposal for the same materials, and is in all fair and without collusion or fraud:

OUR company is a (Check One):

Corporation ___(The Proposal MUST be signed by an Officer of the company) Partnership ___(The Proposal MUST be signed by a General Partner) Joint Venture ___(The Proposal MUST be signed by an Officer of the company) Sole Proprietor ___(The Proposal MUST be signed by the Owner)

Is the company a small, minority, or woman-owned business enterprise?

MBE ___ WBE ___ SBE ___

Has the company been certified as a SMWBE by any governmental agency?

Yes ___ No ___

If yes, specify the governmental agency: ________________________________ Date of certification: _______________________

ADDENDUMS:

The Proposer acknowledges receipt of the following Addenda: (If you have not received any

Addenda then write NONE across the blanks). If you have received Addenda then write beside the appropriate Addenda number the date received. ALL ADDENDA RECEIVED SHOULD BE

ATTACHED TO THE PROPOSAL.

ADDENDUM # 1 _______________________________________________________

ADDENDUM # 2 _______________________________________________________

ADDENDUM # 3 _______________________________________________________

COMPANY NAME: __________________________________

COMPANY ADDRESS: __________________________________

CITY/STATE/ZIP: __________________________________

COMPANY REPRESENTATIVE

NAME: ____________________________________________________

TELEPHONE #:_________________________ FAX#:______________

EMAIL: ___________________________________________________

SIGNATURE: ______________________________________________

DATE: ____________________________________________________

ATTACHMENT “C”

HB 89 Form

Terrorist Organizations & Boycotting of Israel

Vendor hereby certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. Vendor further certifies and verifies that neither Vendor, nor any affiliate, subsidiary or parent company of Vendor, if any (the “Vendor Companies”), boycotts Israel, and Vendor agrees that Vendor and Vendor Companies will not boycott Israel during the term of this Purchase Order For purposes of this Purchase Order the term “boycott” shall mean and include terminating business activities or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory.

Discrimination Against Firearm & Ammunition Industries

Vendor certifies and verifies that (1) neither Vendor, nor any affiliate, subsidiary or parent company of Vendor, if any (the “Vendor Companies”), does not have a written or unwritten internal practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and (2) Vendor agrees that Vendor and Vendor Companies will not discriminate during the term of the contract against a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association during the term of this agreement pursuant to the provisions of Texas Government Code Chapter 2274. For purposes of this Agreement, the term “Discriminate against a firearm entity or firearm trade association” shall have the meaning defined in Texas Government Code Chapter 2274.

Boycotting of Energy Companies

Vendor certifies and verifies that it is not a company identified on the Texas Comptroller’s list of companies known to boycott energy companies, as defined in Texas Government Code Chapter 809.

Vendor further certifies and verifies that neither Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any (the “Vendor Companies”), boycotts energy companies and Vendor agrees that Vendor and Vendor Companies will not boycott energy companies during the term of this agreement pursuant to the provisions of Texas Government Code Chapter 809. For purposes of this Agreement, the term “boycott energy company” shall have the meaning defined in Texas Government Code Chapter 809.

To Be Completed by Contractor:

“I, __________________(Name of certifying official), the ____________ (title or position of certifying official) of __________________(name of company), does hereby verify on behalf of said company to the City that said company does not Boycott Israel and will not Boycott Israel (as that term is defined in Texas Government Code Section 808.001) during the term of this contract.

Signature of Certifying Official

Title:

Date:

ATTACHMENT “D”

CONFLICT OF INTEREST DISCLOSURE REQUIREMENT

Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e., The City of DeSoto) must disclose in the Questionnaire Form CIQ (“Questionnaire”) the person’s affiliation or business relationship that might cause a conflict of interest with the local governmental entity.

Bylaw, the Questionnaire must be filed with the DeSoto City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a Request for Proposals or Proposals, correspondence, or another writing related to a potential Contract with the City. Updated Questionnaires must be filed in conformance with Chapter 176.

A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf.

Questions about compliance shall be directed to the proposer’s own legal counsel.

Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor.

http://www.ethics.state.tx.us/forms/CIQ.pdf

ATTACHMENT “E”

BUSINESS INFORMATION FORM

Complete Legal Name of Business

(Address) ___________________________________________________________

(City/State/ZIP) _______________________________________________________

Form of Business Entity (check one)

( ) Texas corporation ( ) Texas non-profit corporation ( ) Out-of-State corporation ( ) Texas professional corporation ______________________state of incorporation (check one) _______profit _______non-profit ( ) Texas general partnership ( ) Texas limited partnership ( ) Out-of-State partnership ______________________state where partnership is legally registered

( ) Individual doing business as _____________________________________ ( ) Texas limited liability company ( ) Other (describe) ________________________________________________

List the full name of each Officer of the Company:

PRESIDENT: ___________________________________

VICE PRESIDENT: ______________________________

SECRETARY:___________________________________

TREASURER:___________________________________

Who is legally authorized to sign and execute contracts?____________________ Who, if anyone, is required to witness contract signatures?_____ _____________

ATTACHMENT “F”

CITY OF DESOTO

INSURANCE REQUIREMENT AFFIDAVIT

I, the undersigned Agent/Broker, reviewed the insurance requirement contained in this Proposal document. If the Proposer shown below is awarded this contract by the City of DeSoto, I will be able to, within fifteen (15) days of notification of such award, furnish a valid insurance certificate to the City of DeSoto meeting all of the insurance requirements in this proposal.

Insurance Coverage Reviewed:

Agent’s Name:

Agency Name:

Address:

City/State/ZIP:

Telephone No: ( ) Fax No: ( )

Proposer’s Name and Company:

Proposal No. and Title:

Insurance Agent/Broker Signature: Date:

If the above fifteen-day requirement is not met, the City of DeSoto has the right to reject this Proposal and award the contract to the next lowest Proposer meeting specifications. If you have any questions concerning these requirements, please contact the Purchasing Manager (972) 230- 9687.

Proposer’s Signature: Date:

To Be Completed By Insurance Agent/Broker and Responder

By submitting a proposal and signing below I affirm the following: I am aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within fifteen days of notification of award.

ATTACHMENT “G”

DRUG-FREE WORKPLACE CERTIFICATION

The _________________________(company name) will provide a Drug Free Work Place in compliance with the Drug Free Work Place Act of 1988. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited on the premise of the __________________ (company name) or any of its facilities. Any employee who violates this prohibition will be subject to disciplinary action up to and including termination. All employees, as a condition of employment, will comply with this policy.

CERTIFICATION REGARDING DRUG-FREE WORKPLACE

The undersigned Subcontractor certifies it will provide a drug-free workplace by:

Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee;

Establishing an ongoing drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the Subcontractor’s policy of maintaining a drug-free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug violations in the workplace;

Providing each employee with a copy of the Subcontractor’s policy statement;

Notifying the employees in the Subcontractor’s policy statement that as a condition of employment under this subcontract, employees shall abide by the terms of the policy statement and notifying the Subcontractor in writing within five days after any conviction for a violation by the employee of a criminal drug abuse statue in the workplace;

Notifying the City within ten (10) days of the Subcontractor’s receipt of a notice of a conviction of any employee; and, Taking appropriate personnel action against an employee convicted of violating a criminal drug statue or requires such employee to participate in a drug abuse assistance or rehabilitation program.

Name of Organization/Contractor(s):

Signature of Authorized Representative:

Date:

ATTACHMENT “H”

QUALIFICATIONS & REFERENCE SHEET

Please Complete and Return This Form with the Proposal

The Contractor shall furnish, with the RFP, the following information, for at least five (5) recent references to whom products and/or services have been provided that are similar to those required by this RFP.

1. Company’s Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( )

2. Company’s Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( )

3. Company’s Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( )

4. Company’s Name

Name of Contact Title of Contact Present Address

5. Company’s Name Name of Contact

Title of Contact Present Address

ATTACHMENT “I”

DESOTO SERVICE CONTRACT FORM

STATE OF TEXAS §

§ AGREEMENT FOR CONTRACTOR SERVICES

COUNTY OF DALLAS §

This Agreement for Contractor Services (“Agreement”) is made by and between the City of DeSoto, Texas (“City”) and ______________________________ (“Contractor”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives.

RECITALS:

WHEREAS, the City desires to engage the services of Contractor as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, Contractor desires to render services [brief description of services], as more fully described in Exhibit “A” attached hereto and made a part herein by reference, and in accordance with the terms and conditions set forth in this Agreement; and

NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

Article I Term

1.1 The Initial Term of this Agreement shall commence on the last day of execution hereof and continue for a period of one (I) year, unless sooner terminated as provided herein.

1.2 City shall have the option to extend the term of this Agreement for three (3) additional one (1) year terms (""Renewal Terms") by providing written notice thirty (30) days prior to the expiration of the Initial Term or Renewal Term.

1.3 Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. In the event of such termination, the Company shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination.

Article II Contract Documents

2.1. This Agreement consists of the following items:

(a) This Agreement; and

(b) Scope of Services provided by Contractor (attached as Exhibit “A”).

2.2 In the event there exists a conflict in interpretation, the documents shall control in the order listed above. These documents shall be referred to collectively as “Contract Documents.”

Article III

Scope of Services

The Parties agree that Contractor shall perform the services specifically set forth under Exhibit “A”.

Article IV Schedule of Work

Contractor agrees to commence services upon a Notice to Proceed from the City and to perform the required services in accordance with a schedule mutually agreed upon by the City and Contractor. Any work performed or expenses incurred by Contractor prior to Contractor's receipt of a Notice to Proceed from the City shall be entirely at Contractor's own risk.

Article V

Compensation

5.1 City shall compensate Contractor in the amount set forth in Exhibit “A” for the Term of this Agreement.

5.2 City shall pay Contractor within thirty (30) days after completion of the Project and City’s approval and acceptance of the work performed by Contractor on the Project. Contractor must submit a proper invoice with no errors or discrepancies and that all work noted on the invoice has been completed. Any errors, discrepancies or the invoicing of work not completed may result in a delay in payment.

5.3 Contractor shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet and e-mail charges.

Article VI Devotion of Time; Personnel; and Equipment

6.1 Contractor shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should City require additional services not included under this Agreement, Contractor shall make reasonable efforts to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement.

6.2 To the extent reasonably necessary for Contractor to perform the services under this Agreement, Contractor shall be authorized to engage the services of any agents, assistants, persons, or corporations that Contractor may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Contractor.

6.3 Contractor shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein.

Article VII Relationship of Parties/Independent Contractor

It is understood and agreed by and between the Parties that in satisfying the conditions of this Agreement, Contractor is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. As such, the City shall not: train Contractor, require Contractor to complete regular oral or written reports, require Contractor devote its full-time services to the City, or dictate Contractor’s sequence of work or location at which Contractor performs its work.

Article VIII Suspension of Work

The City shall have the right to immediately suspend work by Contractor if City determines in its sole discretion that Contractor has, or will fail to perform, in accordance with this Agreement.

In such event, any payments due Company shall be suspended until Contractor has taken satisfactory corrective action.

Article IX Availability of Funds

If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, this Agreement shall be canceled and Contractor may only be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of services delivered under this Agreement or which are otherwise not recoverable.

The cost of cancellation may be paid from any appropriations for such purposes.

Article X Insurance

Contractor shall provide and maintain for the duration of this Agreement, and for the benefit of the City (naming the City and its officers, agents and employees as additional insureds), insurance coverage in full force and effect as set forth in Exhibit “B”. Contractor shall provide a signed Certificate of Insurance verifying that Contractor has obtained the required insurance coverage for the City prior to the Effective Date of this Agreement.

Article XI Indemnification

11.1 CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR

INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING

FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT.

CONTRACTOR HEREBY WAIVES ALL CLAIMS AGAINST THE CITY, ITS

OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS

SECTION AS "THE CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR

DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER

THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY.

CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY

FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS,

COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF

INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY

PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY

THE CONTRACTOR'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS

AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF

CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES,

REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,

SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,

CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE

ATTRIBUTED TO SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR

PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN

CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONTRACTOR, ON

NOTICE FROM THE CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT

CONTRACTOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY

SATISFACTORY TO THE CITY. CONTRACTOR'S OBLIGATIONS UNDER THIS

SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF

INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY

CONTRACTOR UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE

THE TERMINATION OF THIS AGREEMENT.

11.2 ADDITIONALLY, CONTRACTOR SHALL HOLD HARMLESS, DEFEND

AND INDEMNIFY THE CITY OF DESOTO, ITS ELECTED OFFICIALS, MANAGERS,

EMPLOYEES, AGENTS AND ASSIGNS (COLLECTIVELY REFERRED TO IN THIS

SECTION AS "CITY") FROM ANY LOSS OF ANY KIND BASED ON A CLAIM THAT THE

WORK PERFORMED, OR PRODUCTS PROVIDED HEREUNDER, INCLUDING

MATERIAL(S) OR ANY PART THEREOF, CONSTITUTES INFRINGEMENT OF ANY

PATENT, TRADEMARK, TRADE-NAME, COPYRIGHT, TRADE SECRET, OR OTHER

INTELLECTUAL PROPERTY INFRINGEMENT, INCLUDING BUT NOT LIMITED TO

CLAIMS ARISING OUT OF THE MANUFACTURE, SALE OR USE OF SUCH WORK,

PRODUCTS OR MATERIALS. SUCH INDEMNIFICATION SHALL INCLUDE ALL

DAMAGES AND COSTS INCURRED BY CITY AS THE RESULT OF THE CLAIM,

INCLUDING ATTORNEY FEES AND EXPERT WITNESS FEES. CONTRACTOR FURTHER

AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY, ITS ELECTED

OFFICIALS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS, FROM AND AGAINST

ANY DEMAND FOR PAYMENT FOR THE USE OF ANY PATENTED MATERIAL,

PROCESS, DEVICE, ARTICLE, TRADEMARK, TRADE- NAME, COPYRIGHT, TRADE

SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT THAT MAY

RESULT FROM THE WORK OR MATERIALS COVERED BY THIS AGREEMENT.

PROVIDED, THE FOREGOING INDEMNITY SHALL NOT APPLY IF THE CLAIM

RESULTS FROM DELIVERABLES THAT AS FURNISHED BY CONTRACTOR TO CITY

DO NOT INFRINGE UPON ANY U.S. LETTERS PATENT OR COPYRIGHT AND (1) CITY'S

ALTERATION OF A DELIVERABLE, SUCH THAT SAID DELIVERABLE IN ITS

ALTERED FORM INFRINGES UPON ANY PRESENTLY EXISTING U.S. LETTERS

PATENT OR COPYRIGHT; OR (2) THE USE OF A DELIVERABLE IN COMBINATION

WITH OTHER MATERIAL NOT PROVIDED BY CONTRACTOR WHEN SUCH USE IN

COMBINATION INFRINGES UPON AN EXISTING U.S. LETTER PATENT OR

COPYRIGHT; OR (3) THE USE OF A DELIVERABLE IN A MANNER MATERIALLY

INCONSISTENT WITH THE SPECIFICATIONS PROVIDED BY CONTRACTOR.

Article XII Miscellaneous

12.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter.

12.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement.

12.3 Assignment. Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. In the event of an assignment by Contractor to which City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement.

12.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns.

12.5 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said Court.

12.6 Amendments. This Agreement may be amended by the mutual written agreement of the Parties.

12.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.

12.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination.

12.9 Recitals. The recitals to this Agreement are incorporated herein.

12.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein:

If intended for City, to: With a copy to:

City of DeSoto, Texas Joseph J. Gorfida, Jr.

Attn: Majed Al-Ghafry, City Manager Nichols, Jackson, Dillard, Hager 211 E. Pleasant Run Road, Suite A & Smith, L.L.P.

DeSoto, Texas 75115 1800 Ross Tower

Phone: (972) 274-2489 500 North Akard Dallas, Texas 75201 Phone: (214) 965-9900

If intended for Contractor:

___________________________ Name of Entity Attn: _____________________ Contact ___________________________ Address Phone: (___) _________________

12.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto.

12.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes.

12.13 Audits and Records. Contractor agrees that during the term hereof, the City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of Contractor’s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by City or date of termination if sooner.

12.14 Conflicts of Interests. Contractor represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement.

12.15 Compliance with Federal, State & Local Laws. Contractor shall comply in performance of services under the terms of this Agreement with all applicable laws, ordinances and regulations, judicial decrees or administrative orders, ordinances, and codes of federal, state and local governments, including all applicable federal clauses.

12.16 Force Majeure. No Party will be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, acts of terrorism or any similar cause beyond the reasonable control of such party, provided that the non-performing party is without fault in causing such default or delay. The non-performing Party agrees to use commercially reasonable efforts to recommence performance as soon as possible.

12.17 Boycott Israel; Boycott Energy Companies; and Prohibition of Discrimination against Firearm Entities and Firearm Trade Associations.

(a) Contractor verifies that it does not Boycott Israel and agrees that during the term of the Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended.

(b) Contractor verifies that it does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas Government Code Section 809.001, as amended.

(c) Contractor verifies that it does not have a…