Economic Development Strategic Plan

1 REQUEST FOR PROPOSALS (RFP) NO. 2022-027 CLOSING DATE AND TIME: JANUARY 20, 2022 - 2:00 P.M. ECONOMIC DEVELOPMENT STRATEGIC PLAN PROPOSALS SHALL BE SUBMITTED ON THIS FORM The City of Mesquite, Texas invites sealed proposals from all qualified vendors desiring to furnish the City with the Economic Development Strategic Plan, complying with the following specifications as listed herein. A pre-submission Zoom Meeting will be held at 3:00 pm. (CST) on Thursday, December 30, 2021. Please refer to the Zoom Meeting details on page 19 of this solicitation. Although it is not required, prospective bidders are encouraged to attend the Zoom Meeting. A sealed copy of the bid proposal may be submitted by courier or hand delivered to Ryan Williams, Manager of Purchasing, City of Mesquite, 1515 N. Galloway, Mesquite, Texas 75149. Proposals may also be mailed to Ryan Williams, Manager of Purchasing, City of Mesquite, P.O. Box 850137, Mesquite, Texas 75185-0137. Mark envelope in lower left corner

"RFP No. 2022-027; Economic Development Strategic Plan, so that the proposals will not be opened until the appointed hour. Proposals may also be submitted by courier, hand delivered in a sealed envelope or box to Ryan Williams, Manager of Purchasing, City of Mesquite, 1515 N. Galloway Avenue, Mesquite, Texas 75149. Proposals submitted must be received before proposal closing on Thursday, January 20, 2022 at 2:00 p.m. Faxed bid proposals will not be accepted. GENERAL CLAUSES AND CONDITIONS 1. If you have questions regarding the preparation of your proposal, you may contact purchasing@cityofmesquite.com. 2. Vendors who do not respond to this proposal, but who want to remain on our mailing list for future opportunities shall indicate “NO PROPOSAL” on the face of this page by putting the date and signed by the authorized representative of your company and return this page to the Purchasing office. Your assistance in this matter is greatly appreciated. 3. Protection of Resident Workers: The City of Mesquite actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 2 4. Laws and Ordinances: The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, and regulations which in any manner affect the Contract or the work and shall indemnify and save harmless the City against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees. 5. Proposals must be received as one (1) original, one (1) copy and three (3) USB flash drives, prior to the closing date and time to be considered. Proposals must be submitted in sufficient time to be received and time-stamped at the above location on or before the published date and time shown on the RFP. The City of Mesquite will not be responsible for mail delivered from the post office. Proposals received after the published time and date cannot be considered and will be returned unopened. 6. Proposals will be received and publicly acknowledged at the location, date and time stated above. Only the name of the proposers responding to this request for proposal shall be released at the proposal opening. Other information submitted by the proposer shall not be released by the City during the proposal evaluation process or prior to contract award. At no time will confidential information, as noted by the proposer, be released. 7. Proposer shall attach official documentation from the State of Texas or other qualified certification agency of M/WBE status of your company with bid/proposal. This data is for informational purposes only and will not affect the bid proposal award. 8. A completed W-9 form will be required and submitted with bid. 9. In submitting an offer, respondent certifies that they have not participated in nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered. 10. The attached Non-Exclusion Affidavit for General Contractors must be signed, notarized, and submitted with bid proposal. 11. A representative of the proposing entity who is authorized to enter into contract on behalf of the proposing entity must manually sign proposals in ink. The person signing the proposal must indicate his/her title along with signature. Proposals received without proper signature will not be considered. 12. Any ambiguity in the bid proposal as a result of omission, error, lack of clarity or non-compliance by the proposer with specifications, instructions and all conditions shall be construed in favor of the City. 13. The City of Mesquite reserves the right to reject any and all proposals, waive formalities and to make award of bid proposal as may be deemed to the best advantage of the City. No proposal may be withdrawn within forty-five (45) days after date of opening. 14. The City is not liable for any cost incurred by Proposers in replying to this RFP. This includes costs to determine the nature of the proposal, submitting, negotiating, presentations or any other costs a vendor would incur in responding to the RFP. 15. Proposers shall complete all information requested and blanks provided shall be filled in on the provided forms. Failure to completely describe the merchandise being proposed may result in rejection of your bid proposal. 16. The City of Mesquite reserves the right to evaluate variations from these specifications. If exceptions are made, proposer shall state wherein the merchandise fails to meet these specifications. Failure to completely describe 3 the merchandise being proposed may result in rejection of your proposal. 17. It shall be understood all proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charges and proposal or referencing information submitted in response to this RFP shall become the property of the City and will not be returned. All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated in the RFP. Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the Texas Open Records Law and other applicable state statutes. 18. It is the vendor’s responsibility to check for any addendums that might have been issued before the proposal closing date and time. 19. Cooperative Purchasing: As permitted under the Texas Local Government Code, Chapter 791025, other government entities may wish to also participate under the same terms and conditions contained in this contract (piggyback). Each entity wishing to piggyback must have prior authorization from the City of Mesquite and vendor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring supplies/services. The City of Mesquite shall not be held responsible for any orders placed, deliveries made or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract. Successful proposer agrees to extend prices to all entities that have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of Mesquite _______Yes _______No. 20. The proposal evaluation process will occur after the closing date. The City’s evaluation and clarification process will commence. An evaluation team will review the proposals. Financial terms will not be the sole determining factor in this award. Other criteria described in this RFP will be considered, as well as any other factors the evaluation team determines may affect the suitability of the proposal for the City’s requirements. A Proposer’s submission of a proposal constitutes their acceptance of the evaluation technique. 4 SPECIAL PROVISIONS 1. The successful proposer’s rights and duties awarded by the contract may not be assigned to another without written consent of the City signed by the City’s authorized agent. Such consent shall not relieve the assigned of liability in the event of default by the assignee. 2. Any deviations from specifications and alternate proposals must be clearly shown with complete information provided by the proposer. They may or may not be considered by the City. 3. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and shall not be effective unless signed by an authorized representative of the City. 4. The City shall have the right to modify this order subject to an adjustment in the price in accordance with the applicable provisions of the purchase order, if any, or pursuant to mutual agreements. No agreement or understanding to modify this order shall be binding on the City unless it is in writing and signed by an authorized representative of the City. 5. The City reserves the right to require additional technical and pricing information and negotiate all elements, which comprise the Vendor’s proposal to ensure that the best possible consideration be afforded to all concerned. The City reserves the right to accept all or part of any proposal, to reject any or all proposals and to re-solicit for proposals. 6. All questions must be submitted via email by 4:00 p.m. (CST) Thursday, January 6, 2022 to Ryan Williams, Manager of Purchasing at purchasing@cityofmesquite.com prior to proposal closing date. 7. Proposers shall submit a total of three (3) references. 8. Proposers shall fill out the following required documents, as noted in the bid proposal. If the following forms are not included, the bid proposal may be considered non-responsive. Check List:  Conflict of Interest Questionnaire  Non-Exclusion Affidavit for General Contractors  Prohibition on Contracts with Companies Boycotting Israel  References  Proposer’s Signature Page  Proposal Sheet  IRS W-9  Secretary of State Filing Certificate 5 CONTRACTING WITH THE CITY OF MESQUITE Updated: January 8, 2016 Conflict of Interest Questionnaire And Disclosure of Interested Parties (Form 1295) YOU WILL BE REQUIRED TO COMPLY WITH THE FOLLOWING: Chapter 176 of the Texas Local Government Code is an ethics law that was initially enacted by the Texas Legislature with HB 914 in 2005 that requires disclosure of employment and business relationships local government officers may have with contractors, consultants and vendors who conduct business with local government entities. The law applies to any written contract for the sale or purchase of real property, goods, or services. Further information regarding Texas Conflict of Interest laws and the Conflict-of-Interest Questionnaire (FORM CIQ) can be found at the Texas Ethics Commission web site at the following web address: https://www.ethics.state.tx.us/filinginfo/1295/ PLEASE COMPLETE THE ATTACHED FORM CIQ AND SUBMIT WITH YOUR RESPONSE. Section 2252.908 of the Texas Government Code was enacted in 2015, by the Texas Legislature pursuant to HB 1295, which provides that a governmental entity may not enter into certain contracts with a business entity on or after January 1, 2016, unless the business entity submits a disclosure of interested parties (FORM 1295) to the governmental entity at the time the business entity submits the signed contract to the governmental entity. Further information regarding the disclosure of interested parties’ law and FORM 1295 can be found at the Texas Ethics Commission web site at the following web address: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm PLEASE DO NOT COMPLETE FORM 1295 UNTIL YOU HAVE BEEN NOTIFIED OF CONTRACT AWARD AND REQUESTED TO ELECTRONICALLY FILE FORM 1295 WITH THE TEXAS ETHICS COMMISSION. 6 7 8 Standards of Conduct The City of Mesquite conducts business with the public, business partners, vendors, and contractors under a set of rules to ensure that all City officials and employees discharge their duties in a manner designed to promote public trust and confidence in our city. This code of ethics, titled Standards of Conduct, is taken from the Mesquite City Code, Chapter 2, Art. IV, Sec 2-123. The City wants you to be aware of the rules that its employees are required to follow while performing their services to you. A violation of state or federal statutes may occur if these rules are broken. It is hoped that by outlining these rules for you, your experience in dealing with the City of Mesquite will be both rewarding and satisfactory. Acceptance of Gifts or Gratuities Accepting gifts or gratuities by employees in consideration for the performance of their duties, or as an appreciation for their performance, is strictly prohibited.  Please do not offer employees any gift, loans, or any other thing of value.  Employees may not receive any fee or compensation for their services from any source other than the City, so please do not offer.  Please do not offer to buy meals for employees.  Employees may accept coffee, tea, soft drinks, snacks, etc. when attending meetings in your office.  Letters to supervisors for exceptional service by employees are always welcome. Conflicts of Interest Employees are prohibited from engaging in any outside activities that conflict with, or have the appearance of conflicting with, the duties assigned to them in the employment of the City.  Please do not ask employees for any special favor or consideration that is not available to every other citizen.  Please do not ask an employee to disclose any information that is not available to every other citizen through normal public information channels.  Please do not offer to compensate the employee by offering to hire, or do business with any business entity of the employee or family member  Do not ask employees to represent you or your company or make any recommendations on your behalf other than those that are a part of their official duties with the City.  Please do not ask employees to endorse the products or services of your company.  Please do not ask employees to hand out or post advertising materials. Solicitation by City Employees Employees may not solicit gifts, loans, or any other items of value from people doing City business that will be used by them personally.  If you are asked to pay a fee for services that you believe is improper or illegal, please contact the City’s ethic’s officer at 972-329-8723. (payments should only be made to designated cashiers or clerks)  Employees are prohibited from taking retaliatory action against you for failing to comply with any request unless the request is within the scope of the employee’s official duties for the City. 9 Use of City Equipment, Facilities and Resources Use of City equipment, facilities and resources is authorized only for City purposes and for those activities permitted by City ordinance and policy.  Please do not ask employees to use City equipment to run errands or perform tasks for your benefit.  Employees may not perform tasks, nor conduct any business not related to their official duties while on City time. Your Rights and Expectations When dealing with employees of the City of Mesquite you have the right to honest, fair, and impartial treatment. You may expect prompt, courteous, and professional service from our employees who are expected to understand and practice good customer service skills. Employees are tasked to uphold the public trust through the ethical performance of their duties. We understand that the enforcement of regulatory guidelines and codes may sometimes be a cause for concern; however, you may rest assured that we are responsible to all of the citizens of Mesquite and our goal is to serve them to the best of our ability. Should you have any concerns or questions concerning this information or the conduct of any of our employees please contact the City’s ethics officer at 972-329-8723. All calls to the City’s ethics officer are confidential and your name (or any other identifying information) will not be disclosed. Cliff Keheley City Manager 10 Non-Exclusion Affidavit for General Contractors Federal, state, and local government agencies, not-profits, and other organizations that use federal money to fund all or part of any program or project are required to follow specific requirements regarding the use of such federal funds. One of these requirements is that no contract, subcontract, grant, financial assistance, or other forms of assistance provided using federal funds may be awarded to individuals or entities that have been suspended, debarred, or otherwise excluded from participation in federally funded programs. The U.S. federal government maintains a Web site known as the “System for Award Management” (SAM) at www.sam.gov. One of the purposes of the SAM Web site is to provide a comprehensive list of all individuals, firms, and other entities that have been suspended, debarred, or otherwise excluded from participation in federally funded contracts, subcontracts, grants, etc. SAM provides a simple means of helping government, non-profit agencies, and other organizations ensure that they do not award federally funded grants, contracts, subcontracts, or other financial or non-financial benefits to any individual, firm, or other entity that has been excluded by any agency from participation in such federally funded activities. I, (Contractor Representative), hereby certify that neither I nor (Name of the company or organization I represent) nor any subcontractors that I or said company may employ to work on any federally funded activity have been suspended, debarred, or otherwise excluded by any federal agency from participation in any federally funded activity. I further acknowledge my understanding that, before entering into a contract with me or with the company or organization I represent, City of Mesquite staff will perform a search on www.sam.gov to verify whether I, the organization I represent, or any subcontractors I may employ to work on any federally funded activity, have been excluded from participation in any federally funded activity. Signature of Contractor Representative Date Sworn to and subscribed before me this day of , 20 Notary Public in and for ____________ County, _____________ (Insert State Name) 11 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Chapter 2271 of the Texas Government Code, provides that the City may not enter into a contract* with a company for goods or services unless the contract contains a written verification from the company that it: (i) does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. “Boycott Israel” is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. “Company” is defined to mean a for- profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. * The requirement applies only to a contract that: (1) is between the City and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from City funds. I, ___, the __________ (Name of Certifying Official) (Title or Position of Certifying Official) of , does hereby verify on behalf of said (Name of Company) company to the City of Mesquite that said company does not Boycott Israel and will not Boycott Israel during the term of this contract. Signature of Certifying Official Title Date of Certification Date of Certification 12 REFERENCES Please provide the names, city and state, phone number, dates, work description and contract amount for the three (3) most recent Economic Development Strategic Plans completed for municipalities and/or EDO’s. 1.__________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 2.__________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 3.__________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 13 PROPOSAL EVALUATION RFP shall be awarded to the best-quoted proposal. The proposals will be evaluated on the factors outlined below which shall be applied to all eligible, responsive proposals in selecting the successful Offer. Award of a contract may be made without discussion with proposers after responses are received. Proposals should, therefore, be submitted on the most favorable terms. Sealed Proposal Submission Proposals shall be sealed and clearly marked with the Proposer’s name and return address and indicate the proposal number and title. Facsimile or e-mail submitted proposals will not be accepted. Responses received after the deadline cannot be considered and will be returned unopened. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other delivery method employed by the Proposer. Proposers or their authorized representatives are expected to fully inform themselves as to the general terms and conditions, requirements, and development criteria of this RFP before submitting proposals. Failure to do so will be at the proposer’s own risk. CRITERIA FOR EVALUATION IN ORDER OF IMPORTANCE: 1. Functional Approach 45% 2. Experience 25% 3. Technical Approach 20% 4. Cost 5% 5. Diversity and Inclusion 5% Negotiations may be conducted with responsible proposers who submit proposals determined to be susceptible of being selected for award. All Proposers will be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals. Revisions to proposals may be permitted after submission and before award for the purpose of obtaining best and final offers. After negotiations the City will present a contract reflecting the agreements reached between the City and the selected proposer during the negotiation process subsequent to the RFP award, to Mesquite City Council for approval. Approval by the Mesquite City Council and signature by authorized representatives will result in the final and binding contract between the City and the selected Proposer. 14 PROPOSAL INFORMATION Section 1 – Introduction and Overview The City of Mesquite Economic Development department requests the submission of proposals from qualified firms to develop an Economic Development Strategic Plan that deliberately and methodically guides the Mesquite community in its next phase of economic growth. This will be Mesquite’s first Economic Development Strategic Plan. Mesquite, Texas, was founded in 1878 along the Texas & Pacific Railway, which ran from Dallas, Texas, to Shreveport, Louisiana. The locals named it after Mesquite Creek. The city was officially incorporated on December 3, 1887. Today the population is 150,108 and Mesquite is the 21st largest city in the state of Texas and 11th in the DFW Metroplex. It is 46 square miles and covers areas of Dallas County and Kaufman County. Mesquite prospered through the late 19th and early 20th centuries as a farming community, growing cotton, hay, corn, and sugar, utilizing the railroad to ship raw goods. The town was primarily agrarian until after World War II when the suburban boom surrounded Dallas. Mesquite holds the designation as the Rodeo Capital of Texas due to the establishment of the Mesquite Rodeo in 1946. During its peak, the rodeo was broadcast world-wide. The rodeo is still viable and active today, housed in the Mesquite Arena which was recently improved to accommodate concerts and other types of events as well. The Mesquite Arena is adjacent to the Mesquite Convention Center. In 1959, the first air-conditioned shopping mall in the United States opened – Big Town Mall. It was demolished in 2006 where a FedEx logistics center sits today. In 1970, LBJ (IH-635) was constructed, and Town East Mall was built. While aged, the mall is high performing with an average 95% lease rate and some of the highest sales per square foot in the DFW region. An adjacent power center, Market East, draws shopping to a Super Target and other major national brands. In 2011, Mesquite passed a law allowing beer and wine sales in the city which has allowed for the attraction of new grocery brands in recent years. Mesquite has more than 80 public parks (some including recreation centers, pools, and other venues), a public hike and bike trail system connecting to surrounding cities, the Mesquite Convention Center, Mesquite Arts Center, Mesquite Veterans Memorial, Mesquite Freedom Park (a tribute to 911 with a piece of the World Trade Center on display,) the Mesquite Golf Club, and the Mesquite Metro Airport. Many long-standing companies established industrial and manufacturing trades in Mesquite, some since the 1950s. At the crossroads of four major freeways, IH-635, IH-20, IH-30, and US Highway 80, and home to a Union Pacific Railroad Intermodal, Mesquite companies enjoy access to abundant workforce, advantageous trucking/shipping routes, and a vast assortment of restaurant and hotel accommodations. Retail sales are consistent due to the accessibility and visibility of Mesquite destinations, as well as the draw from many surrounding rural communities Mesquite has experienced growth spurts in the 1960s, 1990s, and is on the cusp of an influx of new residents starting in 2020 to the present. Population in 1960 was 27,526; 1990 was 101,484; 2020 is 150,108; with the anticipation of 10,000 new home lots being built to absorb Mesquite’s share of DFW population growth through 2030. Neighborhoods consist of aged garden-style apartments, mid-century fixer-upper single-family homes, new master planned subdivisions with larger homes and amenities, to rural ranch homes on acreage. The Mesquite Independent School District (MISD) enrolls more than 40,000 students in 51 campuses which include six high schools – one being a career choice high school recently opened in 2021 – and its own radio station broadcast throughout North Texas, KEOM. New Mesquite developments are 15 being built within Forney ISD and Crandall ISD in Kaufman County. Dallas College’s Eastfield Campus in Mesquite has 17,000 students enrolled. Mesquite’s average income is $57,824 and median home value is $143,000. The demographics have changed dramatically over the years with a majority of the population being Hispanic (42%), followed by Black (26%), White (21%), and Other (11%). The City has a strong faith-based culture, family-centered and hardworking ethos, and offers the opportunity to achieve a high quality of life for less cost than surrounding areas. Recent milestones in the City’s original town center, Downtown Mesquite, include the reactivation of Front Street Station for today’s audiences. Mesquite prides itself on being development friendly, offering exemplary customer service and investor opportunity. The City boasts a competitive advantage being only 12 miles east of Downtown Dallas but like it’s neighbors, it is not immune to the challenges brought by increased urbanism. Historically, Mesquite has been associated with being rural, affordable, and convenient to the metroplex, but recently challenges involving substandard housing and amenities, blight, safety, and crime issues (whether perceived or real) are on the forefront. A City of Mesquite Comprehensive Plan conducted by Freese and Nichols, Inc. was adopted in 2019. The plan included guiding principles and goals for City-wide initiatives, including Economic Development (at a high level). A multi-year Economic Development Strategic Plan is necessary to further guide the vision and implementation at an in-depth level. The ideal plan will offer tactics to transform market perception, best practices for new policies and programs, improvements to existing methodologies, elevated inclusion of business and investment stakeholders to grow overall economic strength, provide specific industry targets for commercial growth. Mesquite needs a multi-year economic plan that will empower the city to attract the highest quality investment, reinvestment, while maximizing income potential for businesses, residents, and workforce in the region. This Economic Development Strategic Plan will enable Mesquite to stake its claim on growth in the DFW region with the best possible return on investment for the future economy of Mesquite. This document provides information to assist firms in preparing their responses and facilitates the subsequent evaluation and comparison process. In that regard, this RFP: A. Provides information essential to soliciting responses that showcase how the firm would produce a Strategic Plan specific to the community’s profile, needs, market position and feasibility, competitiveness, and goals. B. Specifies the desired format and content of Proposals in response to this RFP. C. Outlines the City’s evaluation and selection procedures. D. Provides a sample of the City’s Terms and Conditions. E. Establishes a schedule for the preparation and submission of Proposals in response to this RFP; and, F. Establishes a performance standard for the selected firm (herein the “Firm”). Section 2 – Scope of Services The scope of services listed below is not intended to be a comprehensive list of what the Firm will provide. It is expected that the Firm’s proposals will provide more specific recommendations for approaches, tasks and deliverables based on 16 their experience and expertise from past work on economic development strategic plan projects. The final scope of services will be developed in collaboration with the selected Firm. The scope of services, focused on the formation and implementation of tactical economic development strategies, will at a minimum include the following: A. Decision-Making Coordination: The Firm will partner with the City to provide faciliatory and technical support. The City will render all final decisions in preparation and adoption of the Strategic Plan. The Firm will provide regular staff reports and hold periodic meetings with the Director of Economic Development and Strategic Plan Steering Committee. B. Data Collection and Evaluation: The Firm will incorporate the 2019 Mesquite Comprehensive Plan and review the 2018 Mesquite Market Analysis report, 2006 Brand Strategy, relevant economic data, and any other pertinent studies, plans or policies. The firm will collect any local, regional, state, and/or national data still needed or missing. C. Stakeholder Engagement and Visioning: Working with Economic Development staff and the Steering Committee, the Firm will formulate and execute a modern and inclusive public and private stakeholder engagement strategy, including the creation of digital marketing assets. Techniques may include group stakeholder meetings, individual interviews, and/or surveys. The strategy should identify the purpose of each identified stakeholder/stakeholder group. D. Creation of Vision, Mission, and Value statements E. Future Development Targets and Recommended Implementation Strategies: Produce a list of development targets, based on optimizing the land use as recommended in the Comprehensive Plan and based on identified Market Analysis opportunities, which maximize economic strength and sustainability for the future. Include recommendations regarding specific development types - target industries, brands, and/or companies - implementation strategies, and suggestions for site development. F. Talent Attraction and Workforce Development Strategies: Produce a plan for developing quality of life amenities, residential assets, educational initiatives, training opportunities and/or other methods of attracting and retaining targeted workforce. G. Business Retention and Expansion: Evaluation the current Business Retention and Expansion program and activities and provide any program recommendations to further retain and expand existing businesses. H. Tourism and Hospitality: Evaluation the current tourism and hospitality efforts being done and provide any recommendations to further attract and retain visitors and the associated hotel occupancy and sales tax revenue. I. Small Business Development and Entrepreneurship: Produce program recommendations for facilitating inclusive small business growth, including strategies for creating a desirable environment for startup businesses. J. Redevelopment Opportunities and Blight Mitigation: Produce a tactical plan for targeted special district and commercial corridor redevelopment and identify potential future development areas and methods for which preventative and proactive measures could increase economic viability. K. Final Product: The Firm will produce a draft and then a final product that includes all minimum elements outlined in the scope of services, related implementation recommendations and possible incentive and funding strategies to accelerate catalytic activity. The content shall be concise, goal driven and structured within a year-over-year 17 timeline associated with milestones based upon realistic budgetary implications relative to the City’s overall fiscal ability. It will include recommendations for tracking progress annually, including recommended metrics and reporting measures. The Firm will present the final product to the City and the City Council. The Firm will provide bound paper copies [number to be determined when the Firm is chosen], a PDF, and separate electronic files of all maps, tables, figures, pictures, and appendices. Section 3 – Questions Questions shall be submitted prior to the question deadline in writing and addressed to Ryan Williams, Manager of Purchasing via email only at purchasing@cityofmesquite.com. The City reserves the right to provide questions and answers to all prospective firms in the form of an addendum to the RFP. All addendums will be posted to the City’s website at cityofmesquite.com/purchasing. Firms shall not attempt to contact City Council members, City staff or Management directly during the pre-proposal or post-proposal period. Section 4 – Proposal Submission Requirements There is no actual, express, or implied obligation for the City to reimburse responding firms for any costs or expenses incurred in preparing Proposals in response to this Request for Proposal, and the City will not reimburse responding firms for these costs or expenses, nor will the City pay any subsequent costs associated with the provision of any additional information or presentations, or to procure a contract for these services. The City is not responsible for any cost(s) incurred by a firm in preparing and/or submitting a proposal in response to this RFP. The City will also not be responsible for any costs associated with preparing and/or participating in any systems demonstrations requested of the firm’s products and services. Proposal Organization Guidelines The proposal shall include the information noted in this section and be organized accordingly. Part 1 – Experience A. Briefly introduce the firm, provide number of years in business and its principals/leaders. Include its mission/vision statement and primary purpose or focus of work. B. List of recent projects(s) and the project team responsible for that work. C. Provide assurances that the execution of Mesquite’s plan will not be negatively impacted by any potential concurrent projects the Firm has going on. D. Identify the project manager, technical writer, graphic designer, analyst, and all other persons with responsibilities, as applicable, for this project. E. Provide a paragraph for each person on the project team including work on similar projects and roles on those projects, awards for similar projects, professional designations, affiliations, certifications, and licenses. F. Provide professional references from economic development and city administration professionals, preferably from similarly sized and/or geographically close municipalities. Part 2 – Functional Approach A. Describe how the project team would approach the elements listed in the Scope of Services. 18 B. Describe how the project team will handle data and knowledge transfers between the City, the Firm, stakeholders, and ultimately return to the City. C. Provide a timeline for the entire scope of project activity, engagement, draft reviews, and delivery date of the final report and implementation plan. Part 3 – Technical Approach A. Provide examples of the project team’s work summarizing technical content that is concise, market driven and easily understood by stakeholders. B. Provide examples (most recent three municipalities and/or EDO’s final adopted plans, electronically or printed) and describe any experience the project team has in developing strategic plan implementation work plans and methods for progress reporting. Part 4 – Cost Proposal A. Provide a detailed cost proposal broken down by Phase. The City may elect to complete any combination of tasks or phases. Indicate any cost savings available by completing one or more or any combination of tasks or phases. B. Estimate travel and other reimbursable expenses. C. The actual contract amount will be negotiated after the firm has been selected and the scope of services finalized. Part 5 – Statement of Acknowledgement of Addendums (if applicable) Section 5 – Evaluation Criteria Proposals shall be evaluated in accordance with the following criteria. See the attached scoring sheet for a more detailed description. Criteria Description Percentage Functional Approach The firm’s project team demonstrates the ability to formulate an Economic Development Strategic Plan that includes all the elements listed in the Scope of Services. 45 Experience The track record of the firm’s project team for fostering positive, collaborative relationships with municipalities and economic development organizations, meeting deadlines, and preparing plans. 45 Technical Approach The quality and clarity of the Firm’s responsive documents considering all aspects of the Project Inquiry. 20 Cost The type and cost of service delivery as compared to other Firms. 5 Diversity and Inclusion The Firm’s approach to diversity and inclusion in the Functional and Technical Approach. 5 Final scoring for these criteria may be adjusted based on the results of the interviews, reference calls, or other supplemental information requests. In addition to the foregoing criteria, the award of the contract will be based on an evaluation of the best overall value and benefit to the City and ultimately to the City. Note: The Firm is cautioned that it is the Firm’s sole responsibility to submit information related to the evaluation categories. The City is under no obligation to solicit such information if it is not included in the firm’s original proposal. Failure to do so may result in your Proposal being disqualified from further review and consideration. 19 The City makes no guarantees or representations that any award will be made and reserves the right to cancel this solicitation for any reason, including:  Reject any and all proposals received as a result of this RFP, with or without cause.  Waive or decline to waive any informality and any irregularities in any proposal or responses received.  Negotiate changes in the scope of services to be provided.  Withhold the award of contract(s).  Select Firm(s) it deems to be most qualified to fulfill the needs of the City. Firm(s) with the lowest priced proposal(s) will not necessarily be selected, since a number of criteria other than price are important in the determination of the most acceptable proposal(s).  Terminate the RFP process. Section 6 – Schedule of Events The following Schedule of Events represents the best estimate of the schedule the City will follow. Any significant change to the schedule will be published via RFP Addendum. Event Estimated Date Release RFP Thursday, December 16, 2021 Newspaper Advertisement Dates Thursday, December 16 and Thursday, December 23, 2021 Pre-submission Meeting Thursday, December 30, 2021, 3:00 pm (CST) Join Zoom Meeting https://us06web.zoom.us/j/87879323543 Meeting ID: 878 7932 3543 One tap mobile +13462487799,,87879323543# US (Houston) +16699006833,,87879323543# US (San Jose) Dial by your location +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 878 7932 3543 Find your local number: https://us06web.zoom.us/u/kdG4ecYtdI Deadline for Questions from Firms Thursday, January 6, 2022, 4:00 pm (CST) City’s response to Questions from Firms Monday, January 10, 2022, 4:00pm (CST) Deadline for Proposal Submissions Thursday, January 20, 2022, 2:00 pm (CST) 20 Event Estimated Date First Evaluation Monday, January 24 – Friday, January 28, 2022 Finalist(s) Notification Monday, January 31, 2022 Finalist(s) Interviews and Presentations Monday, February 7, 2022 (Times TBD) (CST) Notify Top Candidate Thursday, February 10, 2022 Recommendation of Top Candidate to City Council Monday, February 21, 2022 Notification of Award Tuesday, February 22, 2022 Section 7 – RFP Terms and Conditions The following terms and conditions apply to this RFP solicitation process and will be incorporated into the resulting contract as applicable. Required Professional Services Agreement The successful/selected firm will be required to enter into a written Professional Services Agreement (the “Agreement”) in a form substantially similar to the attached example. Such agreement will be prepared by the City and approved by the City Attorney. Firms submitting an SOQ should make themselves fully aware of the terms and conditions in the attached example including, but not limited to, the indemnification and insurance requirements, incorporated herein for all purposes. By submitting a bid, the successful/selected firm agrees and acknowledges that although the Agreement will be between the City and the Firm. Term / Termination The Agreement shall be effective upon the date it is executed by the City after execution by the Firm and shall expire upon completion of the Services covered by the Agreement. The Agreement may be terminated by the City upon ten (10) days written notice of such termination. In the event termination by the City there shall be no further obligation on the part of the City to the Firm save and except for payment of sums due and owing for expenses and work incurred by the Firm prior to the date of termination, minus any City incurred damages if such termination is for cause. In the event of any termination, Firm shall agree to cooperate in connection with any necessary transition services and shall be reimbursed for such transition services at Firm’s standard rates. The beginning of the term of any licensing or subscription fees for software may be subject to the negotiation of the City and the Firm, such that they do not coincide with the contract execution date. No Obligation, Right of Rejection, and Multiple Award The inquiry made through this RFP implies no obligation on the part of the City. This RFP does not constitute an offer or a contract with any Firm or other party. As previously stated, and to emphasize, the City reserves the right to reject any or all Proposals, in whole or in part, or to accept or reject all or any part of any Proposal. Proposals deemed to be received from debarred or suspended vendors will be rejected. The City may reject any Proposal that is not responsive to all the material and substantial terms, conditions, and performance requirements of this RFP. The City further reserves the right to award all, part, or none of the components/functional areas included in this RFP. In addition, the City reserves the right to make one or more awards to competing firms for subsets of functionality as a result of this RFP. The City reserves the right to reject any Proposal determined to be nonresponsive. The City reserves the right to negotiate with any or all Firms with respect to any or all terms of a Proposal or Contract, including but not limited to the fees. The City also reserves the right to refrain from 21 making an award if it determines it to be in its best interest. The City reserves the right to abandon the Project and/or to re-advertise and solicit other Proposals. Contract Changes Written requests for price changes in a resulting term contract after the firm price period must be submitted in writing to the City at least one-hundred eighty (180) days prior to the commencement of any extension period. Any proposed price increase will be based on the Firm’s actual cost increase only, as shown in written documentation provided to the City. All requests for price increases must be in writing, must not constitute increases in profit, and must contain data establishing or supporting the increase in cost. In connection with any request for price increases in term contracts after the firm price period, at the option of the City, (1) the request may be granted; (2) the contract may be cancelled by either party; or (3) the contract may be extended without change with the consent of both parties. The City will accept or reject all such written requests within ninety (90) days of the date of receipt of Firm’s request for price increase or receipt of proper written documentation, whichever is later. If a price increase is approved, the City will issue an amendment to the contract specifying the date the increase will be effective. The Firm will be required to send notice to all users of the contract. All Services and related accessories are to be billed at prices in effect at the time the service was rendered, or order was placed. All contract changes will be effective only on written agreement signed by both parties. Contract Approval Proposers understand that this RFP does not constitute an offer or a contract with the Firm. This RFP does not, by itself, obligate the City to award a contract. The City’s obligation will commence only following City Council approval of a contract and the parties’ execution of the contract. Upon written notice to the Firm, the City may set a different starting date for the contract. The City will not be responsible for any work done or expense incurred by the Firm or any subcontractor, even such work was done, or such expense was incurred in good faith, if it occurs prior to the contract start date set by the City. Contract Dispute In the event of contract dispute, dispute proceedings will be held in Dallas County, Texas and pursuant to the terms of the Professional Services Agreement. Confidential Information Any written, printed, graphic, electronic, or magnetically recorded information furnished by the City for the Firm’s use are the sole property of the City. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the City’s employees, products, services, prices, operations, security measures, and subsidiaries. The Firm and its employees shall keep this confidential information in the strictest confidence and will not disclose it by any means to any person except with the City’s approval, and then only to the extent necessary to perform the work under the contract or as may be required by law. These confidentiality obligations also apply to the Firm’s employees, agents, and subcontractors and Firm shall be liable for a breach of the confidentiality obligations by any such party. On termination of the contract, the Firm, its employees, agents, and subcontractors will promptly return any confidential information in its possession to the City. Insurance Requirements The insurance requirements applicable to the successful/awarded firm are set for in the Professional Services Agreement included herewith. Conflict of Interest Firms shall at all times observe and comply with all federal, state, and local laws, ordinances, and regulations including all amendments and revisions thereto, which in any manner affect Firms or the services and/or items to be provided, 22 specifically and not limited to any laws relating to conflicts of interest. Failure to comply with any applicable laws may result in: i) the termination of the contract; ii) the forfeiture by Firms of all benefits of the Contract; iii) the retainage by the City of all Services performed by Firm and iv) the recovery by the City of all consideration, or the value of all consideration, paid to Firm pursuant to any awarded contract. the City will require the selected Firm to sign a Conflict of Interest (CIQ) form as listed in Required Forms. Pending and Recent Litigation Firms must disclose any pending or recent litigation they are involved in as a company. Recent is defined as the past three (3) years. Information provided should include the timeline of the litigation history, the subject of the litigation, and the current status of the litigation. Proposals must also disclose any pending litigation of any third-party partners in the Proposal. Contract Negotiation After final evaluation, the City may negotiate with the offeror(s) of the highest-ranked Proposal. If any Firm fails to negotiate in good faith, the City may terminate negotiations and negotiate with the offeror of the next highest-ranked Proposal or terminate negotiations with any or all Firms. If contract negotiations are commenced, they may be held at City office locations or via teleconference at a date and time to be determined. If contract negotiations are held, the Firm will be responsible for all of Firm’s costs including, without limitation, its travel and per diem expenses and its legal fees and costs. Failure to Negotiate If the selected Firm: 1. Fails to provide the information required to begin negotiations in a timely manner. 2. Fails to negotiate in good faith. 3. Indicates it cannot perform the contract within the designated timeframes or within budgeted funds available for the Project; and/or 4. If the Firm and the City, after a good-faith effort, cannot come to terms; then CHEDC may terminate negotiations with the Firm initially selected and commence negotiations with the next highest-ranked Firm. At any point in the negotiation process, the City may, at is sole discretion, terminate negotiations with any or all Firms. Policy Compliance The Firm shall, as a condition of being considered for award of the contract, require each of its agents, officers, and employees to abide by City policies prohibiting sexual harassment, and smoking, as well as all other reasonable work rules, safety rules, or policies regulating the conduct of persons on City property at all times while performing duties pursuant to the contract. The Firm agrees and understands that a violation of any of these policies or rules will constitute a breach of the contract and will be sufficient grounds for immediate termination of the contract by the City. Public Information All Proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts and Proposals or referencing information submitted in response to this RFP, shall become the property of the City, and will not be returned. The City will use discretion with regard to disclosure of proprietary information contained in any response but cannot guarantee information will not be made public. As a governmental entity, the City is subject to making records available for disclosure pursuant to applicable public record disclosure laws, and Proposers, including the Firm ultimately awarded the contract, shall cooperate in complying with such public disclosure laws at no additional cost to the City. Ownership of Data and Transition Any and all City data stored on the Firm’s servers or within the Firm’s custody, is the sole property of the City. The Firm, its subcontractor(s), officers, agents, and assigns, shall not make use of, disclose, sell, copy, or reproduce the City’s data in any manner, or provide to any entity or person outside of the City without the express written authorization of the City. 23 In the event resulting Agreement is terminated for any reason, or upon expiration, and in addition to all other rights to property set forth, the Selected Firm shall: a) Incur no further financial obligations for materials, Services, or facilities under the Agreement without prior written approval of the City. b) Terminate all purchase orders or procurements and any subcontractors and cease all work, except as the City may direct, for orderly completion and transition; and c) Make available to the City, at no cost, all City data stored within the system, stored on the Firm’s servicers, or within the Firm’s custody, within fifteen (15) days of termination or the City’s request. d) In the event resulting Agreement is terminated for any reason, or upon expiration, and in addition to all other rights to property set forth, the City shall retain ownership of all data, work products, and documentation, created pursuant to the resulting Agreement. If your proposal differs in any way from what is specified herein, please indicate any/all differences. Otherwise, it will be assumed that your proposal conforms to these specifications in every respect. 24 BID SHEET ECONOMIC DEVELOPMENT STRATEGIC PLAN PLEASE PROVIDE A PRICE QUOTE FOR THE FOLLOWING: ITEM NO. RATE DESCRIPTION RATE (IN FIGURES) A-K Hourly Economic Development Strategic Plan, which includes A through K as follows: A. Decision-Making Coordination B. Data Collection and Evaluation C. Stakeholder Engagement and Visioning D. Adoption of Vision, Mission, and Values Statement E. Future Development Target, and Recommended Implementation Strategies F. Talent Attraction and Workforce Development Strategies G. Business Retention and Expansion Programs H. Tourism and Hospitality Recommendations I. Small Business Development and Entrepreneurship Programs J. Redevelopment Opportunities and Blight Mitigation K. Final Product $_____________ Total Base Bid of Item A-K complete and in place, not-to-exceed the sum of: ___________________________________________________ Dollars and ___________________________________________________ Cents (written) LUMP SUM $ (figures) LUMP SUM 25 ECONOMIC DEVELOPMENT STRATEGIC PLAN With full knowledge for the requirements, do hereby agree to furnish the coverage in full accordance with the development criteria and requirements. I certify that ___________________________________________ and its response complies with these (Name of Organization) development criteria. __________________________________________________ Signature __________________________________________________ Type/Print Name __________________________________________________ Title __________________________________________________ Date 26 NOTICE The following blank spaces in the contract are NOT to be filled in by the Respondent at the time of submitting his response. The contract form is submitted at this time to familiarize the Respondent with the form of contract, which the successful Respondent will be required to execute. 27 CONSULTING SERVICES CONTRACT WITH __________________________________ THIS CONTRACT is made and entered into by and between the CITY OF MESQUITE, a Texas home-rule municipal corporation, of Dallas County, Texas, (hereinafter called “City”), and ______________________, a _______________ company, with an address of ______________, __________, _____ ___________ (hereinafter called “Consultant”). City and Consultant may be referred to collectively as “Parties” and individually as “Party.” WITNESSETH: WHEREAS The City desires to obtain services relative to performing data analysis specific to a project described in more detail in the attached exhibit(s); and WHEREAS Consultant can provide such services and is the business of and has the expertise, experience, resources, licenses, and capability to perform said services as described in the attached specifications; and WHEREAS Consultant will handle such service delivery within all local, state, and federal laws; and WHEREAS Consultant is willing to undertake such services for City in exchange for the consideration hereinafter specified. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter contained, the parties hereto do mutually agree as follows: 1. PURPOSE The purpose of this Contract is to state the terms and conditions under which Consultant shall provide an economic development strategic plan and consultation services for City. 2. DESCRIPTION OF GOODS AND/OR SERVICE A. Consultant shall provide all of the goods and/or services as specified in accordance with this Contract, such goods and/or services hereunder shall include, but shall not be limited to, the following: CITY OF MESQUITE CONTRACT NO. ____________________ ECONOMIC DEVELOPMENT STRATEGIC PLAN (i) City of Mesquite Scope of Services (Exhibit A). (ii) Minimum Insurance Requirements (Exhibit B). (iii) City of Mesquite RFP No. ___________________, including addenda and amendments (Exhibit C on file at the City of Mesquite Purchasing Division). (iv) Consultant’s response to RFP No. _______________________ (Exhibit D). These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to this written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." B. Consultant shall work closely with City’s ____________________, or the ______________ designee (hereinafter referred to as “Director”), and other appropriate City officials as directed and shall perform any and all related tasks required by the Director in order to fulfill the purposes of this Contract. 28 C. Consultant shall deliver to the Director all reports and related documents, information, or other data which are required to be produced and given to City in performing services under this Contract (hereinafter called “deliverables”) in the format required by the Director. 3. PERFORMANCE OF SERVICES Consultant and its employees or associates shall perform all the services under this Contract. Consultant represents that all its employees or associates who perform services under this Contract shall be fully qualified and competent to perform the services described in Section 2. 4. TERM The term of this Contract shall begin on ______________ and end on _______________. Consultant understands and agrees that time is of the essence. All deliverables are to be completed and delivered to City by the termination date, or by the milestone or completion date or dates provided in a performance schedule agreed upon between Consultant and the Director, unless an extension of time, based upon good reasons presented by Consultant, is approved by the Director. 5. PAYMENT FOR SERVICES In consideration of the services to be performed by Consultant under the terms of this Contract, City shall pay Consultant for services actually performed a fee not to exceed $________________, including all reimbursable expenses, as provided in City’s Scope of Services (Exhibit A). If other conditions necessitate additional services or a change in services as provided in Section 6, any increase in compensation must be authorized and funded in advance by supplemental agreement duly signed by the City Manager, attested to by the City Secretary, and approved as to form by the City Attorney. Consultant’s charges for its services are not to exceed similar charges of Consultant for comparable services to other customers. Payments to Consultant shall be in the amount shown by the itemized billings and other documentation submitted and shall be subject to the Director’s approval. All services shall be performed to the satisfaction of the Director, and City shall not be liable for any payment under this Contract for services which are unsatisfactory, and which have not been approved by the Director. The final payment due under this Contract will not be paid until the required deliverables have been received in the required format and approved by the Director. City may, at its option, offset any amounts due and payable under this Contract against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 6. CHANGE IN SERVICES City, acting through its Director, may request from time-to-time changes in the scope or focus of the activities conducted or to be conducted by Consultant pursuant to this Contract. Any change in the scope or focus which varies significantly from the scope of services set out in Section 2 and would entail a significant increase in cost or expense to Consultant shall be mutually agreed upon by Consultant and the Director. Changes in the scope which in the opinion of Consultant and the Director would justify an increase in compensation requiring additional funding by City must first be authorized in writing as described in Section 5. 7. CONFIDENTIAL WORK No deliverables or other information (including information given by City to Consultant to assist Consultant’s performance under this Contract) developed by, given to, prepared by, or assembled by Consultant under this Contract shall be disclosed or made available to any third-party individual or organization by Consultant without the express prior written approval of the Director. 8. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by City, all deliverables prepared or assembled by Consultant under this Contract, and any other related documents or items shall become the sole property of City and shall be delivered to City, without restriction on future use. Consultant may make copies of any and all deliverables and related documents or items for its 29 files. By execution of this Contract and in consideration of the fee for services to be paid under the Contract, Consultant hereby conveys, transfers, and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the project designs and other project data developed under this Contract. 9. CONSULTANT’S LIABILITY Approval of City shall not constitute or be deemed a release of the responsibility and liability of Consultant, its employees, agents, associates, or subconsultants for the accuracy and competency of the deliverables prepared by Consultant, its employees, agents, associates, or subconsultants, as required under this Contract. In addition, approval of City shall not be deemed to be the assumption of any responsibility by City for any defect, error, or omission in the deliverables prepared by Consultant, its employees, agents, associates, or subconsultants. 10. COMPLIANCE WITH LAWS AND REGULATIONS This Contract is entered into subject to and controlled by the Charter and ordinances of the City of Mesquite, as amended, and all applicable laws, rules, and regulations of the State of Texas and the Government of the United States of America. Consultant shall, during the course of performance of this Contract, comply with all applicable City codes and ordinances, as amended and all applicable State and Federal laws, rules and regulations, as amended. In particular, Consultant is put on notice that City will require the Consultant to comply with Chapter 176 of the Texas Local Government Code by completing the attached Conflict of Interest questionnaire (FORM CIQ) and returning the completed FORM CIQ to the CITY. Additionally, Consultant must comply with Section 2252.908 of the Texas Government Code, which was enacted in 2015 by the Texas Legislature pursuant to HB 1295, providing that a governmental entity may not enter into certain contracts with a business entity on or after January 1, 2016, unless the business entity submits a disclosure of interested parties (FORM 1295) to the governmental entity at the time the business entity submits the signed contract to the governmental entity. Further, information regarding the disclosure of interested parties’ law and instructions on filing FORM 1295 can be found at the Texas Ethics Commission website at the following web address: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm Failure to comply with any applicable laws, including Chapter 176, may result in: (1) the forfeiture by Consultant of all benefits of this Contract; (2) the retainage by City of all services performed by Consultant; and (3) the recovery by City of all consideration, or the value of all consideration, paid to Consultant pursuant to this Contract. 11. INDEPENDENT CONSULTANT Consultant's status shall be that of an independent Consultant and not an agent, servant, employee, or representative of City in the performance of the services under this Contract. Consultant shall exercise independent judgment in performing services under this Contract and is solely responsible for setting working hours, scheduling, or prioritizing the work flow and determining how the work is to be performed. No term or provision of this Contract or act of Consultant in the performance of this Contract shall be construed as making Consultant the agent, servant, or employee of City, or making Consultant or any of its employees eligible for the fringe benefits, such as retirement, insurance, and worker’s compensation, which City provides its employees. 12. INDEMNITY Consultant agrees to defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Consultant's breach of any of the terms or provisions of this Contract, or by any negligent or strictly liable act or omission of Consultant, its officers, agents, employees or subconsultants, in the performance of this Contract. The provisions of this paragraph are solely for the benefit of the parties to this Contract and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 30 13. INSURANCE REQUIREMENTS A. Consultant shall procure, pay for, and maintain during the term of this Contract, with a company authorized to do business in the State of Texas and otherwise acceptable to City, the minimum insurance coverage contained in attached Exhibit B. B. Approval, disapproval, or failure to act by City regarding any insurance supplied by Consultant or its subconsultants shall not relieve Consultant of full responsibility or liability for damages, errors, omissions, or accidents as set forth in this Contract. The bankruptcy or insolvency of Consultant’s insurer or any denial of liability by Consultant’s insurer shall not exonerate Consultant from the liability or responsibility of Consultant set forth in this Contract. 14. GIFT TO PUBLIC SERVANT City may terminate this Contract immediately if Consultant has offered, or agreed to confer any benefit upon a City employee or official that the City employee or official is prohibited by law from accepting. For purposes of this section, “benefit” means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. Notwithstanding any other legal remedies, City may require Consultant to remove any employee of Consultant from the Project who has violated the restrictions of this section or any similar state or federal law and obtain reimbursement for any expenditures made as a result of the improper offer, agreement to confer, or conferring of a benefit to a City employee or official. 15. ASSIGNMENT This Contract provides for unique consulting services. Consultant, therefore, shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of City's Director. 16. TERMINATION City’s Director may, at its option and without prejudice to any other remedy City may be entitled to at law, in equity or elsewhere under this Contract, terminate further work under this Contract in whole or in part for cause or for the convenience of City by giving at least ten (10) days advance written notice of termination to Consultant, with the understanding that all performance being terminated shall cease as of a date to be specified in the notice. City also has the right to request that Consultant assign and transfer to City all of Consultant’s rights and obligations under existing subcontracts it has to perform Contract work in the event of termination under this Section. City shall compensate Consultant in accordance with the terms of this Contract for Contract work properly performed prior to the date of termination specified in the notice, following inspection and acceptance of same by City's Director. Consultant shall not, however, be entitled to lost or anticipated profits should City choose to exercise its option to terminate. 17. DEFAULT The City reserves the right to terminate this Contract upon breach of any term or provision hereof by Consultant. A breach of this Contract shall include, but not be limited to, a failure to commence work in accordance with the provisions of this Contract, a failure to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract, or a failure to use an adequate number or quality personnel to complete the work or fail to perform any of its obligations under this Contract. The City shall have the right, if Consultant shall not cure such default after ten (10) days written notice thereof, to terminate this Contract and complete the work in any manner it deems desirable, including engaging the services of other parties, therefore. Any such act by the City shall not be deemed a waiver of any other right or remedy of the City. 31 18. NOTICES Except as otherwise provided in Section 18, any notice, payment, statement, or demand required or permitted to be given under this Contract by either party to the other may be affected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. If intended for City, to: ____________________________ Director of ________________ City of Mesquite 1515 North Galloway Avenue, Mesquite, Texas 75149 If intended for Consultant, to: ________________________ ________________________ ________________________ 19. EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION A. Consultant shall not discriminate against any employee or applicant for employment because of race, age, color, ancestry, national origin, place of birth, religion, sex, military or veteran status, genetic characteristics, or disability unrelated to job performance. Consultant shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as amended. Consultant agrees to post in conspicuous places a notice, available to employees and applicants, setting forth the provisions of this non-discrimination clause. B. If Consultant fails to comply with the equal employment opportunity/nondiscrimination provisions of this Contract, it is agreed that City at its option may do either or both of the following: (1) Cancel, terminate, or suspend this Contract in whole or in part. (2) Declare Consultant ineligible for further City contracts until it is determined to be in compliance. 20. RIGHT OF REVIEW AND AUDIT City may review any and all of the services performed by Consultant under this Contract. City is granted the right to audit, at City’s election, all of Consultant’s records and billings relating to the performance of this Contract. Consultant agrees to retain such records for a minimum of three (3) years following completion of this Contract. Any payment, settlement, satisfaction, or release made or provided during the course of performance of this Contract shall be subject to City’s rights as may be disclosed by an audit under this section. 21. VENUE The obligations of the parties to this Contract shall be performable in Dallas County, Texas, and if legal action is necessary in connection with or to enforce rights under this Contract, exclusive venue shall lie in Dallas County, Texas. 22. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, without regard to conflict of law or choice of law principles of Texas or of any other state. 23. MISCELLANEOUS A. Pursuant to Section 2271.002, Texas Government Code, if the Consultant employs 10 or more full-time employees and the Contract has a value of $100,000 or more Consultant hereby (i) represents that it does not boycott 32 Israel, and (ii) subject to or as otherwise required by applicable federal law, including without limitation 50 U.S.C. Section 4607, agrees it will not boycott Israel during the term of the Contract. As used in the immediately preceding sentence, “boycott Israel” shall have the meaning given such term in Section 2271.001, Texas Government Code. B. Consultant further represents that (i) it does not engage in business with Iran, Sudan, or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, “foreign terrorist organization” shall have the meaning given such term in Section 2252.151, Texas Government Code. C. Pursuant to Texas Government Code Chapter 2274, unless otherwise exempt, if the Consultant employs at least ten (10) fulltime employees and this Contract has a value of at least $100,000 that is paid wholly or partly from public funds of the governmental entity, the Consultant represents that: (1) the Consultant does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) the Consultant will not discriminate during the term of the contract against a firearm entity or firearm trade association. 24. SEVERABILITY If any of the terms, provisions, covenants, conditions, or any other part of this Contract are held for any reason to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, conditions, or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 25. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provide or permitted, but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. 26. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract 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 provision of this Contract, and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 27. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. If this Contract is executed in counterparts, then it shall become fully executed only as of the execution of the last such counterpart called for by the terms of this Contract to be executed. 28. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 29. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties and their respective administrators, successors and, except as otherwise provided in this Contract, their assigns. 33 30. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS This Contract (with all referenced Exhibits, attachments, and provisions incorporated by reference) embodies the entire agreement of both parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Contract. Except as otherwise provided elsewhere in this Contract, this Contract cannot be modified without written supplemental agreement executed by both parties. (Remainder of page intentionally left blank – Signatures on following page.) EXECUTED this the ____ day of ___________, 20__, by City, signing by and through its City Manager, duly authorized to execute same, and by Consultant. CITY OF MESQUITE ___________________________________ (CITY) (CONSULTANT) By: _______________________________ By: ________________________________ Cliff Keheley, City Manager ATTEST: Acknowledgment State of _____, County of _______: Before By: _______________________________ me the undersigned authority on this day Sonja Land, City Secretary personally appeared ___________________ known to be the person whose name is APPROVED AS TO FORM: subscribed to the foregoing document and David L. Paschall, City Attorney known to me to be the __________________ ________________, and acknowledged to By: _______________________________ me that he/she executed said document with Assistant City Attorney full authority to do so and for the purposes and consideration expressed therein. Given under my hand and seal of office the _____ day of ________________, 20__. ____________________________________ Notary Public in and for the State of _____ 34 TO THE PROPOSER DID YOU REMEMBER TO:  Abide by the General and Special Conditions  Make note of the opening date and time. All bids must be submitted by 2:00 p.m. Bids received after 2:00 p.m. will not be accepted.  Fill in the bid purchase price on your bid proposal.  Fill in the total amount.  Fill in the terms, if requested.  Acknowledge receipt of all addendums.  Fill in the delivery time or the calendar days (if applicable).  Fill in the company name, address, and phone number.  Sign bid proposal.  Include on the front of your sealed envelope the following information: Company name, address, bid proposal number, opening date and time. Mailing Address: Physical Address: City of Mesquite City of Mesquite P.O. Box 850137 1515 N. Galloway Mesquite, TX 75185-0137 Mesquite, TX 75149 Purchasing Office 972-216-6201 purchasing@cityofmesquite.com If the procedures are not followed, your bid could be disqualified. Thank you Ryan Williams Manager of Purchasing If the procedures are not followed, your proposal could be disqualified.