1-TSC RFP 26-01 Internet Protocol (IP) Based Surveillance Cameras and Access Control.pdf

REQUEST FOR PROPOSAL (RFP)

Internet Protocol (IP) Based

Surveillance Camera and Door Access

Control

TSC RFP 26-01

PROPOSAL SUBMISSION DEADLINE:

September 24, 2025

PURCHASING AND CONTRACT SERVICES DEPARTMENT

COMMISSARY BUILDING

80 FORT BROWN BROWNSVILLE, TEXAS 78520

SECTION 1. INQUIRIES AND INTERPRETATIONS

Responses to inquiries which directly affect an interpretation or change to this Request for Competitive Sealed Proposals (RFP) will be issued in writing by the College as an addendum. All such addenda issued by the College prior to the time that proposals are received shall be considered part of this RFP, and the Respondent shall be required to consider and acknowledge receipt of each addendum in its proposals. Only those inquiries the College replies to by addenda shall be binding.

Oral and other interpretations or clarifications will be without legal effect.

SECTION 2. POINT OF CONTACT

The College requires that Respondents restrict all questions regarding this RFP to the TSC bidding platform (Bonfire). Any formal questions and/or concerns regarding this solicitation including terms and conditions, submission requirements, technical requirements and contract award shall be made in writing through the TSC e-procurement software:

https://tsc.bonfirehub.com/portal/?tab=openOpportunities through the project messages and vendor discussions section.

It is Texas Southmost College’s (TSC) intent to respond to all appropriate questions and concerns;

however, TSC reserves the right to decline to respond to any question or concern.

The assigned project Purchasing Specialist is:

Mr. Raul A. Garza Purchasing Specialist Tandy 266 80 Fort Brown Brownsville, Texas 78520 Phone: 956-295-3438 Fax: 956-295-3408 raul.garza1@tsc.edu

SECTION 3. SUBMISSION OF PROPOSALS

Pre-proposal conference: A non-mandatory pre-proposal conference and walk-through is scheduled for Thursday, September 11, 2025 at 9:30 a.m. at the TSC Safety and Risk Management office, 1850 Ridgely Road, Brownsville, Texas 78520. The pre-proposal conference will also be available virtually, and participants may join via Microsoft Teams using the following access site:

Join the meeting now

Proposal submittal deadline: TSC will accept proposals until Tuesday, September 24, 2025 at 2:00 p.m. local time. Proposals in print format shall be submitted to the TSC Purchasing and Contract Services department located in the Commissary Building; 80 Fort Brown; Brownsville, Texas 78520, attention: Patricia G. Saldivar, Director of Purchasing. At 2:30 p.m. proposals will be read aloud in the Commissary Building conference room of the Fort Brown campus. The proposal opening will also be available virtually, and participants may join via Zoom using the following access site: Join the meeting now https://tsc.bonfirehub.com/portal/?tab=openOpportunities mailto:raul.garza1@tsc.edu https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ExYzRlYmQtYWNjOS00NmNmLTg2YjYtZmNiMzM4ZDRkODQx%40thread.v2/0?context=%7b%22Tid%22%3a%226930cbf3-5f31-4171-8308-fd36d4a650e2%22%2c%22Oid%22%3a%22369f52a3-97ed-423f-9122-323bb2452162%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDU5MzIyMDUtZDllNy00MWU2LThmMDItYTFlZDExODk2ZTY0%40thread.v2/0?context=%7b%22Tid%22%3a%226930cbf3-5f31-4171-8308-fd36d4a650e2%22%2c%22Oid%22%3a%22369f52a3-97ed-423f-9122-323bb2452162%22%7d

Hand-delivered or mailed proposal(s) must be received on or before the time and date specified above to the point-of-contact identified above. TSC hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m., except during holidays and other College closures. Late submissions will be returned to the Respondent unopened.

Electronic proposal(s). TSC uses Bonfire, an online vendor registration, e-procurement, and contract management solution as an alternative method through which vendors may submit proposals electronically. This is a secure electronic bidding system, which ensures submissions remain sealed until the RFP opening date.

Bonfire allows vendors to register to do business with TSC, receive notification of solicitation opportunities, and submit proposals electronically. If you are interested in viewing solicitation details and submitting a proposal electronically, please use the following link https://tsc.bonfirehub.com/portal/?tab=openOpportunities. Assistance with the process may be found on the Submission Instructions for Suppliers sheet.

The College will not accept submissions delivered by telephone, email, or facsimile (fax). Properly received proposals will not be returned to Respondents.

SECTION 4. CONSIDERATION OF PROPOSALS

Proposals must be complete and include all of the information requested to be considered responsive. If the proposal fails to conform to the essential requirements of this RFP, TSC will determine whether it may be further considered.

Pursuant to Texas Education Code, Chapter 44, Subchapter B, and TSC board policy manual, a College shall select the Respondent that offers the best value for the College based on its published selection criteria and on its ranking evaluation. In determining the best value, the College is not restricted to considering price alone but may consider any other factors stated in the selection criteria. All properly submitted proposals will be reviewed according to the following selection criteria factors to make a determination in awarding a contract. All criteria will be weighted equally, and each criterion will be scored from 0 to 10, with maximum score of 100.

Selection Criteria

(1) The pricing and delivery date of goods and services

(2) The respondent’s qualifications and experience

(3) The respondent’s ability to provide goods and services

(4) The respondent’s past performance on comparable projects

(5) The respondent’s ability to comply with delivery schedules

(6) The respondent’s service support policy and customer satisfaction

(7) The impact of the ability of the College to comply with laws and rules relating to

Historically Underutilized Businesses (HUB)

(8) Principal place of business in the State of Texas and/or number of employees in this state

(9) Any other relevant factor provided in response to the request contained herein

(10) Ability to provide timely professional services by having corporate or branch offices within the Texas Southmost College District https://tsc.bonfirehub.com/portal/?tab=openOpportunities

SECTION 5. PROPOSAL SUBMISSION REQUIREMENTS: Please provide a response to the each of the following sections:

1. THE PRICING AND DELIVERY DATE OF GOODS AND SERVICES. Criteria One:

Pricing Form

2. THE RESPONDENT’S QUALIFICATIONS AND EXPERIENCE

• Provide a detailed description of your company, including licenses and certifications, and the total number of supporting personnel related to providing the services required in this RFP.

• Provide resumes and licenses of the team (including any subcontractors) that will be directly involved in the project, including their experience with similar projects.

Attach a brief biography describing the experience of the person assigned to handle this account.

• Respondent must demonstrate compliance with Sec. 1702.102 and Sec. 1702.328 of the Texas Occupations Code and Title 37, Part 1, Chapter 35 of the Texas Administrative Code.

3. THE RESPONDENT’S ABILITY TO PROVIDE GOODS AND SERVICES

• The evaluation criteria will take into consideration the requirements submitted in response to questions included in Section 7 (Scope of Work) of this RFP, if any.

• Demonstrate company’s understanding, knowledge, and experience of providing the services of the type and kind required in this RFP.

• Provide a list of any lawsuits or litigations in which the company is or was a party, for the preceding 10 years, and the resulting outcomes. If the company becomes a party of any lawsuit within 60 days after proposal submission, the proposer must notify TSC immediately.

• Provide a statement of whether the company has filed for bankruptcy within the past 10 years.

4. THE RESPONDENT’S PAST PERFORMANCE ON COMPARABLE PROJECTS

• Describe the respondent’s past performance in providing services to higher education institutions (including TSC), school districts, and/or other public entities that are most related to this project within the last 10 years.

*Provide institution name/client name *Representative name and contact information

*Location *Project Name *Description of services provided *Years of service *Project Size

• If available, provide color images (photographic reproductions) of proposed goods and/or services and other information such as specifications, manufacturer’s data sheet, etc.

5. THE RESPONDENT’S ABILITY TO COMPLY WITH DELIVERY SCHEDULES

Describe your proposed approach to providing services of the type required in this RFP, as well as a detailed implementation plan with projected start and completion dates for each task.

6. THE RESPONDENT’S SERVICE SUPPORT POLICY AND CUSTOMER

SATISFACTION

Provide manufacturer’s technical specifications, equipment warranty, and maintenance service support policy.

7. THE IMPACT OF THE ABILITY OF THE COLLEGE TO COMPLY WITH LAWS

AND RULES RELATING TO HISTORICALLY UNDERUTILIZED BUSINESSES

Please indicate whether the company is a Historically Underutilized Business (HUB) certified by the State of Texas. Y N .

8. PRINCIPAL PLACE OF BUSINESS (CORPORATE OFFICE) IN THE STATE OF

TEXAS AND/OR NUMBER OF EMPLOYEES IN THIS STATE

Provide the number of employees residing in the State of Texas.

9. ANY OTHER RELEVANT FACTOR PROVIDED IN RESPONSE TO THE REQUEST

CONTAINED HEREIN

Provide detailed information regarding the licenses of any subcontractors.

10. ABILITY TO PROVIDE TIMELY PROFESSIONAL SERVICES BY HAVING

CORPORATE OR BRANCH OFFICES WITHIN THE TEXAS SOUTHMOST

COLLEGE DISTRICT OR SURROUNDING VICINITIES

REFERENCES: Reference checks are a part of TSC’s procedure for evaluation. Reference checks may be conducted in writing or by telephone. The submission of reference information authorizes TSC to request release of information concerning related projects from the references provided. Provide a minimum of three references. The references should include institution/client’s name and representative name who served as the day-to-day liaison, including telephone number and e-mail address.

SECTION 6. PROPOSAL SUBMISSION FORMAT AND INSTRUCTIONS:

Hand-delivered or mailed proposal(s) Submittals should be on letter-size (8-1/2”x11”) paper and assembled with spiral bindings or staples. Pre-printed material should be referenced in the submittal and included as labeled attachments. Each part of the proposal should be separated by divider sheets with a integral tabs for easy reference.

All proposals should include a table of contents and page numbers for each section, as well as any separate attachments. Non-required supplementary information should be clearly identified in the table of contents and provided as a separate section.

Submit one copy of the proposal in print format and one copy of the proposal in electronic format.

The electronic copy shall be submitted on a USB/Flash Drive or CD in the same envelope as the print format proposal.

Electronic proposal(s) Please follow the Submission Instructions for Suppliers sheet for information on how to submit via the public portal. Prepare submission materials according to the requested information and documents. Each proposal section should be separated as instructed in the portal.

The maximum file size is 1000 MB. Please do not embed any documents within the uploaded files, as they will not be accessible or evaluated. Please note that text fields have a limit of 2000 characters. Uploading large documents may take a significant amount of time, depending on the size of the file(s) and internet connection speed. Prepare responses in advance to ensure they fit within the specified character limit.

Upload your submission at: https://tsc.bonfirehub.com/opportunities/47870. It is strongly recommended that you submit the proposal at least one day before closing time. You will receive An email confirmation receipt with a unique confirmation number after the submission is finalized.

Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript and browser cookies must be enabled. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://bonfirehub.zendesk.com/hc

Important Proposal Submittal Documents: The following documents, at minimum, must be filled out, signed by an authorized representative, and returned as part of the proposal submittal:

1. Exhibit A – ANTI-COLLUSION CERTIFICATION

2. Exhibit B – EXECUTION OF OFFER

3. Exhibit C – CONFLICT OF INTEREST QUESTIONNAIRE

4. Exhibit D – FELONY CONVICTION NOTIFICATION https://tsc.bonfirehub.com/opportunities/47870 mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc

5. Exhibit E – PROHIBITION OF BOYCOTTING ISRAEL FORM.

6. Exhibit F- VENDOR CERTIFICATION OF COMPLIANCE WITH SB 253.

7. Pricing Form.

8. Each proposal must include a cashier’s check or certified check, or acceptable

Respondent’s bond payable to the Owner in the amount of not less than 5% of the largest total of the proposal submitted.

9. A payment bond in the amount of 100% of the full contract amount will be required on all contracts over $25,000.

10. A payment performance bond in the amount of 100% of the full contract amount will be required on all contracts over $100,000. If the Respondent fails to execute the contract and provide satisfactory payment and performance bonds and insurance certificates within 10 days of notification that the proposal was accepted or Notice to Proceed is issued, the proposal security shall be forfeited to TSC.

11. Certification of Franchise Taxes of Account Status.

12. Certification of Authority to conduct business in the State of Texas (or other state).

13. Proof of Insurance.

SECTION 7. SCOPE OF WORK:

Texas Southmost College (TSC) is seeking proposals from experienced security system solution providers that can provide a turnkey solution that integrates IP-based surveillance cameras with access control management as part of a total security proposal.

TSC wishes to increase its campus-wide, pure TCP/IP-based video surveillance camera system, also known as Closed-Circuit Television (CCTV), to include video recording storage and archiving, that is fully compatible with any existing current-life IP-based cameras the institution currently owns.

The College also wishes to increase its access control system to buildings currently without the system. The access control system should include both door and entryway control hardware and integrate with current management software applications. The total solution may be located on site, but may include cloud-based components, as required.

Background

Texas Southmost College is a two-year comprehensive community college, located in Brownsville, Texas adjacent to the Mexico border. The Fort Brown campus, is accessible from public streets and walkways. The campus does not have any walls, gates, checkpoints, perimeter fences, or barriers and is open access to the surrounding community. The campus consists of approximately 39 individual buildings/structures. Trees and foliage across the campus may create some challenges for external unobstructed camera views. College facilities also include the International Technology, Education, and Commerce Center (ITECC), a former mall that is approximately one mile from the Fort Brown campus.

Current Technology

Surveillance Camera System

There is an existing video management system (VMS) in place:

• ExacqVision Client: The software platform is running on a Windows Server 2022 Standard

Edition. The majority of the current cameras on this client software are Tyco Illustra brand cameras. A few legacy multi-cam/PTZ Axis-brand cameras are on this software as well, which have reached their end of life.

• As part of this RFP, the College is seeking to:

o replace all Axis brand cameras -o Add new cameras throughout campus (indoor/outdoor) -

There are 3 ExacqVision PowerEdge R360 recording servers (storage) associated with the Illustra and legacy Axis cameras, accessed with the ExacqVision VMS.

• #1 exacqvision1 has a Media Drive with a 430GB capacity and an Archive Drive with a

33TB capacity. Archiving occurs every 4 hours with a retention schedule of 30 days.

• #2 exacqvision2 has a Media Drive with a 430GB capacity and an Archive Drive with a

33TB capacity. Archiving occurs every 4 hours with a retention schedule of 30 days.

• #3 exacqvision3 has a Media Drive with a 430GB capacity and an Archive Drive with a

33TB capacity. Archiving occurs every 4 hours with a retention schedule of 30 days.

• The Illustra cameras are divided within these 3 servers:

o 128-channel Server 1: 101= 25 available camera licenses o 128-channel Server 2: 100= 35 available camera licenses o 128-channel Server 3: 100= 57 available camera licenses o Combined Available Camera Licenses: 117 available camera licenses

FIELD UNIT DEVICES:

#68 Axis M4216-LV 4 MP indoor dome camera (Color: White) compatible with exacqVision X-Series

IP08-48T-R1XW-E (Dell PowerEdge R360)

# of Quantity As Needed Vendor-provided either Axis TI8602 Wall Mount or Axis TI8202 Recessed

Mount for 3 Axis 18016-LVE Network Video Intercom

The ExacqVision recording servers are physically located on the Fort Brown campus in the Tandy Building I.T. Data Center. All are 64-bit systems.

All of the proposed new cameras will reside in exacqVision servers along with the existing Illustra cameras that are already there. Additional exacqVision servers will be needed.

Access Control System

There is an existing access control technology in place on campus called Kantech. The Kantech EntraPass Corporate Edition System version is 9.00.249. The doors that have access control technology are outfitted with magnetic locks or door strikes. Most have request-to-exit (REX) motion detectors and emergency exit buttons with integrated timers on the accompanying wall (green buttons).

As part of this RFP, the goal is to add access control to additional doors.

A walk-through of the campus will be held for the Respondents before the conclusion of the RFP process. A final assessment of the security needs for access control will be conducted after the RFP has been awarded.

General Requirements

TSC expects that the winning proposal will include installation and configuration of cameras and access control devices.

TSC expects that the chosen provider will serve as the institution’s security partner and not just a vendor and will be capable of providing best practice-based professional services that extend beyond the implementation of the solution, itself.

TSC expects that all equipment will be identified by the selected vendor, including network equipment that the college must purchase or upgrade in order for the winning proposal to be successful.

TSC expects that the proposed security system, in particular the access control devices, will integrate with the existing fire alarm system and ensure compliance with existing fire codes.

Instructions to Respondents

• The selected Respondent will be considered the primary contractor and will assume total responsibility to provide the college materials and services necessary to make the security systems fully operational.

• If the selected Respondent engages subcontractors to perform any services for this project, the College reserves the right to approve or reject any such subcontractor at its sole discretion. The Respondent shall provide a detailed description of each subcontractor’s role and responsibilities in relation to the services rendered. In the event that a subcontractor is tasked with installing, programming, or otherwise servicing cameras, surveillance systems, access control devices, or associated software, such subcontractor must be formally included as a third-party entity within the contract. Furthermore, any subcontractor responsible for the installation or programming of such devices and software shall bear full responsibility for the quality, integrity, and performance of all materials and services provided to the College. The selected Respondent and/or subcontractors must get clearance from the following to access any areas of the college to deliver materials or perform services: the Office of Environmental Health, Safety, and Risk Management or its designee.

• The selected Respondent must have certified network engineers to perform any routing/switching or IP device installation related to the project. A description of network certifications should be provided in the response.

• The selected Respondent must demonstrate experience in the successful implementation of installations of integrated video surveillance management and access control systems over both LAN and WAN technologies that is similar in scope to this project.

• The selected Respondent must provide turnkey services for the project to include documentation, project management, implementation, installation, training, technical support, consultation, and presentations to the Executive Cabinet/Board of Trustees, if necessary.

• The selected Respondent must provide installation of all components of the total solution to include network cabling, camera, video recorders, servers, client applications, software installation, access control devices, emergency controls, fault tolerance and disaster recovery as required. This includes additional parts, licenses, and equipment not detailed in this RFP but required for a winning total solution.

• The selected Respondent must provide Panduit Category 6A cabling as a minimum standard that must be terminated into a patch panel in an IDF or MDF closet owned by the College. The cabling must be compliant with college-established standards. See Criteria 1 Pricing Form.

• The selected Respondent must provide the number of network ports per building needed to support the additional hardware. Vendor-provided network switches must adhere to strict TSC standards.

• The selected Respondent must be able to work during the College’s operational hours and after hours or weekends, if required, to stay on schedule.

• The selected Respondent must provide a forklift, ladder, or other necessary equipment to install cameras in elevated areas.

• The selected Respondent must remove the old unused hardware when installing a new one and return it to the Office of Environmental Health, Safety, and Risk Management or its designee.

Surveillance Cameras System Requirements

• All cameras must be TCI/IP cameras that utilize POE and be compatible with systems. All equipment must be new from the manufacturer and qualify for warranty and maintenance services.

• Video streams between cameras and network video recorders must be configurable for both single-cast and multi-cast modes.

• All cameras must be full-feature, vandal resistant, domed, wall or ceiling mounted cameras designed for both indoor and outdoor applications and be resistant to severe water, wind and dust condition as well as unexpected shock and vibration.

• All cameras must be high-resolution, high intensity integral color cameras and should accommodate both daytime and nighttime lighting conditions (including infrared illumination). Administrative ability to adjust color and brightness of each camera is required. Cameras should have image stabilization capability.

• All cameras must support H.264 format.

• Video recording is required at a high resolution with a storage capacity of at least 30 days from every device. Recordings must be able to be played back both forward and reverse, frame by frame, and from beginning, end or midpoints of the recording. Recordings will be motion-triggered, depending on the camera's location and the specific situation. Video recordings must be tamper-proof to prevent alteration.

• The video surveillance system must provide simultaneous viewing of both live and recorded video from a central console but also through browser-based interface including mobile device.

• Video recording access and video display must be accessible from a central console but also via internet browser and mobile device.

• Patches, fixes, and other software upgrades must be available via batch administration and remotely.

• Digital zooming, panning, tilting and physical feature recognition should be available to be turned on or off remotely.

• Each camera must have ability to record locally as well as upload to the Video Recording system.

• All IP cameras must be plotted on a graphical floor plan or map.

• SOFTWARE: #3 Axis Camera Station Pro-Core Device License (5 Year Subscription) #02991-

Access Control System Requirements

• The IP-based Access Control System must include door control hardware (e.g. controllers, gateways, and other modules).

• The IP-based Access Control System must report error and fault alerts to both central control consoles and internet browser-based devices including mobile devices.

• The IP-based Access Control System must provide SSO authentication against the College’s Active Directory system.

• The IP-based Access Control doors must be plotted on a graphical floor plan or map.

• Forty-five minutes of Uninterrupted Power Supply (UPS) and Battery Backups should be provided and supported as part of the total security solution.

• The field panels must be able to communicate to the server via a Fast Ethernet, TCP/IP network and support 128-bit AES encryption.

All Respondents should indicate value-added features within their responses. This may include trending and future technologies which this RFP may not reference. This may include new surveillance techniques such as artificial intelligence weapons detection technology, the Internet of Things concepts, efficiencies of integration, etc. The winning solution may also provide robust reporting, dashboards, and advanced data analytics (object detection, weapon detection, density analytics, people or vehicle detection) that will enhance and extend the college’s security management.

SECTION 8. CONTRACT AWARD PROCESS

Newspaper Advertisements: Saturday, September 6, 2025 and September 10, 2025 Pre-proposal conference: Thursday, September 11, 2025 Deadline to receive questions: Friday, September 12, 2025 before 5:00 p.m.

Deadline to submit proposals: Wednesday, September 24, 2025 before 2:00 p.m.

Estimated award: October 2025 or after.

Evaluation Process:

TSC may request interviews or oral presentations from all or highest ranked Respondents that are identified in the initial ranking conducted by the evaluation committee. In the case that interviews or oral presentations are conducted, a final selection or determination of the Best Value Respondent(s) will be based on demonstrated competence at the interviews or oral presentations.

The interviews or oral presentations may be made to the following audience: TSC administration, faculty, staff, or board members. TSC will not be responsible for any costs incurred for interviews or oral presentations.

One or more Respondents may be awarded. If the College awards a contract, it will award the contract to the Respondent(s) whose proposal(s) is/are considered to be the most advantageous to College and determined to be the best qualified.

TSC reserves the right to consider any proposal non-responsive if the fees or prices are determined to be unreasonable or irresponsible in relation to the other submitted proposals.

All submitted and qualified proposals will be reviewed, evaluated, and ranked by an evaluation committee according to each criterion score as described in Section 4. Consideration of Proposals.

However, as part of the award process, The TSC Board of Trustees will have the final determination to award a contract(s) based on a consensus and subjective judgment based on all and any criteria factors to be considered.

All Respondents will be notified of any decision made after a contract is approved and awarded by the TSC Board of Trustees.

Acceptance of Evaluation Process: By submitting a proposal in response to this Request for Competitive Sealed Proposals, the Respondent(s) accepts the Competitive Sealed Proposals (RFP) method selection and evaluation process, acknowledges and accepts the determination of a Best Value Respondent(s) to the College.

Reservation of Rights: TSC reserves the right to award one or multiple proposals, reject any and all proposals and re-solicit for new proposals, or to temporarily or permanently abandon the project.

TSC makes no representations, written or oral, that it will enter into any form of agreement with any respondent(s) to this Request for Competitive Sealed Proposals for any project and no such representation is intended or should be construed by the issuance of this solicitation.

Contract Terms: One time project.

Cancellation Provisions: The College may cancel the contract should the present or any future Board of Trustees not appropriate funds in any fiscal year for the payments required by this agreement. No penalty shall be assessed against the College in the event of any such non-appropriation. In the event of non-appropriation, the College shall give the successful Respondent advance written notice before cancellation of the contract, and the College shall not be obligated to make any payments beyond the end of the fiscal year.

The College, without cause, will have the option to terminate the contract resulting from this RFP at any time upon giving 60 days in advance written notice to Respondent. Upon termination, the Respondent is entitled to payment of an amount that will compensate Respondent for services satisfactorily performed from the time of the last payment to the termination date in accordance with this contract.

Open Records: TSC considers all information, documentation and other materials submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government

Code, Chapter 552). Notwithstanding the foregoing, disclosure of information related to this solicitation shall be made only after a purchase order and contract is award. All Open Records/Public Information Requests should be directed to the Office of the President.

Office of the President - Public Information Ms. Claudia C. Hernandez Board Liaison/Office Manager Texas Southmost College 80 Fort Brown Brownsville, TX 78520 Phone number: 956-295-3395 Email: public.information@tsc.edu

SECTION 9. GENERAL CONTRACT TERMS AND CONDITIONS

These general terms and conditions shall be made a part of and govern any purchase order/contract resulting from this Request for Proposals.

DISCLOSURE OF INTERESTED PARTIES: In accordance with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908, all vendors submitting proposals must file form 1295 electronically with the Texas Ethics Commission using the online filing application. Information regarding this law, and the required form may be found at the following website:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Respondents must use the filing application on the Texas Ethics Commission’s website to enter the required information on Form 1295. Award Respondent at the time the contract is signed must:

• Print a copy of the completed form, which will include a certification of filing containing a unique certification number.

• The form 1295 must be signed by an authorized agent of the business entity, and the form must be notarized.

• The completed form 1295 with the certification of filing must be included with the contract signed.

DELINQUENT FRANCHISE TAXES: Each corporation contracting with the College shall certify that its franchise taxes are current. If the corporation is exempt from payment of franchise taxes or is an out-of-state corporation not subject to Texas franchise tax, it shall certify a statement to that effect. Making a false statement as to corporate franchise tax status shall be considered a material breach of the contract and shall be grounds for cancellation of the contract.

CERTIFICATION: Respondent shall furnish certification of authority demonstrating authority to conduct business in the State of Texas. Registration is obtained from the Texas Secretary of State, who will also provide certification thereof.

mailto:public.information@tsc.edu http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

TITLE AND RISK OF LOSS: The title and risk of loss for goods delivered under this contract, if any, shall not pass to TSC until it actually receives, takes possession and accepts the goods at the point or points of delivery.

ACCEPTANCE OF PRODUCTS AND SERVICES: All products furnished and/or services performed under this Contract shall be to the satisfaction of TSC and in accordance with the specifications, terms, and conditions of the Contract.

INDEMNIFICATION: To the fullest extent permitted by law, the Respondent agrees to indemnify and hold harmless TSC, its officers, employees, and agents harmless from and against all claims of any nature or kind arising out of or caused from the performance of services, or provision of goods, by the Respondent pursuant to this contract, which are caused, in whole or in part, by any negligent act or omission of the Respondent.

COMPLIANCE WITH LAW: Respondent is aware of and in full compliance with its obligations under existing applicable law and regulations, including the Immigration Reform and Control Act of 1986, Title VI of the Civil Rights Act of 1964 (as amended), the Age Discrimination Act of 1975, the Fair Labor Standards Act (as amended), the Americans with Disabilities Act of 1990, Affordable Care Act of 2010, and all other applicable laws and regulations.

COMPLIANCE WITH COLLEGE POLICIES: Respondents must abide by all applicable TSC policies and procedures, including but not limited to those relating to safety, confidentiality, use of technology, harassment, and drug and alcohol use. On-site Respondent’s personnel may be required a criminal background check.

PAYMENTS: Payment for services/goods will be made after acceptable performance of services and/or receipt of items in good condition and after receipt of a valid invoice. Payment shall be in accordance with the State of Texas Prompt Payment Act, Chapter 225 of the Government Code.

CONTRACT AMENDMENTS: The Contract may be amended within the Contract period by mutual consent of the parties. No modification or amendment to the Contract shall become valid unless in writing and signed by both parties.

INDEPENDENT RESPONDENT STATUS: Respondent agrees that it is engaged as an independent Respondent and acknowledges that TSC will have no responsibility to provide benefits normally associated with an employer-employee relationship such as transportation, insurance, vacation, or other fringe benefits. Respondent agrees that it will neither hold itself out as nor claim to be an officer, partner, employee or agent of TSC, including unemployment, insurance benefits, social security coverage, or retirement benefits. Respondent agrees to make its own arrangements for any fringe benefits as it may desire and agrees that it is responsible for all income taxes required by applicable laws.

NON-DISCLOSURE: Respondent and TSC acknowledge that they or their employees may, in the performance of this contract, come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organizations, whether directly or indirectly affiliated with Respondent or TSC, unless required by law.

PUBLICITY: Respondent agrees that it shall not publicize this Contract or disclose, correspondent or deny any details thereof to third parties or use any photographs or video recordings of TSC’s name in connection with any sales promotion or publicity event without the prior express written approval of TSC.

SEVERABILITY: If any provision of this Contract, or the application of any provision to any party or circumstance is held invalid, unenforceable, or illegal in any respect, the remainder of the Contract and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

FORCE MAJEURE: If either TSC or Respondent is delayed at any time in the performance of its obligations under this contract by economic industry-wide strikes, fire, floods, acts of government, unavoidable casualties, or other causes reasonably beyond the control of either party and which could not have been reasonably anticipated, then the party affected by such an event shall give notice to the other party of the probable extent to which the affected party will be unable to perform or be delayed in performing its obligations hereunder. If the performance of either party is delayed or prevented by such an event, both parties shall be excused from performing their obligations hereunder while and to the extent the conditions arising from the event exist, after which the parties’ performance shall be resumed. A delay or failure in performance by either party under this paragraph shall not constitute default hereunder, or give rise to any claim for damages.

GOVERNING LAW: This contract will be governed and construed according to the laws of the State of Texas. Both parties agree that venue for any litigation arising from this contract shall lie in Cameron County, Texas.

ASSIGNMENT: The Respondent shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of TSC.

RIGHT TO A JURY TRIAL: Neither TSC nor Respondent shall waive its right to a jury trial for any claims arising out of the formation, performance, breach or enforcement of this contract, or any claim for damages resulting therefrom.

TITLE IX: TSC commits to fostering a diverse environment that is free from discrimination.

Neither shall discriminate against any individual on the basis of race, color, sex, pregnancy, religion, national origin, citizenship status, disability, age, marital status, gender, gender identity or expression, sexual orientation, veteran or military status (including disabled veterans, Vietnam-era veterans or recently separated veterans), predisposing genetic characteristics, domestic violence victim status, or any other protected category under applicable local, state and federal laws, including protections for those opposing discrimination or participating in any allegation process on campus. The College is committed to upholding this policy to be sure it does not violate any local, state, or federal laws including but not limited to Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, as well as TSC policies.

The awarded respondent must agree to cooperate with TSC in any actions that arise out of alleged violations of these or other local, state or federal laws or policies. Awarded respondent agrees that, during the performance of this agreement, students (and employees) shall not be subjected to any form of discrimination based on sex and, any complaint based on sexual discrimination, including but not limited to sexual harassment, shall immediately be reported to the TSC Title IX Director.

INSURANCE: Respondent shall obtain and keep in effect during the term of this contract, insurance coverage in the below listed types and amounts. As evidence of insurance coverage, Respondent shall furnish to TSC certificate(s) of insurance before commencement of any work under this contract.

TYPE OF COVERAGE LIMITS

A. Worker's Compensation Statutory

B. Comprehensive General Liability $1,000,000 Ea. occurrence $2,000,000 aggregate

C. Automobile Liability (owned/leased, non-owned, and hired)

(1) Bodily Injury $1,000,000 Ea. Person

$1,000,000 Ea. Occurrence

(2) Property Damage $1,000,000 Ea. Occurrence

MINIMUM WAGE: TSC requires that all employees of prime and respondents who submit proposals for, and perform contractual work for TSC receive a living wage consistent with human dignity and the needs of life. TSC policy requires that the Respondent pay all employees’ wages at least $8.50 per hour as per Resolution in Support of a Living Wage Requirement for Those Employed By, and Those Doing Business With, TSC. Resolution passed by the Board of Trustees on September 30, 2009.

NON-DISCLOSURE/CONFIDENTIALITY CLAUSE: TSC expects all vendors, contractors, subcontractors, and contractor’s personnel working for the College to respect the value and ownership of information received and not to disclose confidential information without appropriate authority unless there is a legal or professional obligation to do so. Vendors, contractors, sub‐ contractors, and contractor’s personnel shall:

• Protect and be prudent in the use and protection of all information acquired (written or verbal) in the course of the project or services provided to the College;

• Not disclose directly or indirectly confidential information relating to ongoing projects including, but not limited to scope of work, specifications, terms, conditions, meeting discussions, photographs, records, models, layouts, computer programs, reports, pricing structure, product ideas, copyrights, strategic alliances, partners, technical data, financial information, construction plans, designs, and any other information connected to projects unless the disclosure of this information is supported and needed for business or operational purposes.

• Not use information for any personal gain or in any manner that would be contrary to the law or detrimental to the legitimate and ethical objectives of the College;

• Refrain from referring to College, or any person connected with the College, in any derogatory way or in any way designed to adversely affect or prejudice the College or its reputation in any way; and

• Upon completion of services, return all items, material, and confidential information to the College under vendor’s possession or control.

INFORMATION TECHNOLOGY NON-DISCLOSURE CLAUSE: TSC expects all vendors, contractors, sub-contractors, and contractor’s personnel working for the College to respect the value and ownership of information received and not to disclose confidential information without appropriate authority unless there is a legal or professional obligation to do so. The term “Confidential Information” means any information or material which is proprietary to the College, whether or not owned or developed by the College, which is not generally known other than by the College, and which the vendor/contractor may be baiting through any direct or indirect contact with the College. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by the College concerning the business, technology and information of the College and any third party with which the College deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property; inventions, sales leads, strategic alliances, partners, and customer and client list. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.

INTELLECTUAL PROPERTY: All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are made available by TSC to Respondent, owned by TSC, or prepared by Respondent on behalf of TSC, (collectively, the “Deliverables”) shall be owned exclusively by TSC. Respondent agrees that with respect to any Deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such Deliverables are hereby deemed a “work made for hire” for TSC. To the extent that any of the Deliverables do not constitute a “work made for hire,” Respondent hereby irrevocably assigns to TSC in each case without additional consideration, all right, title and interest throughout the world in and to the Deliverables, including all Intellectual Property Rights therein. Respondent shall cause Respondent employees, contractors, and personnel to irrevocably waive, to the extent permitted by applicable law, any and all claims such employees, contractors, or personnel may now or hereafter have in any jurisdiction to the Deliverables.

TRADEMARK USE: “Texas Southmost College”, “TSC”, and the scorpion logo, are, among others, protected trademarks of TSC at common law and pending federal registration. TSC may make such marks available to Respondent for the products furnished and/or services performed under this Contract. Respondent must not alter, crop, or otherwise modify the TSC marks, unless TSC authorizes the specific modification in writing. Respondent acknowledges that it owns no rights in TSC’s trademarks and Respondent’s use of the TSC marks for the products furnished and/or services performed under this Contract does not vest Respondent with any rights in the TSC marks or any product(s) resulting from the use thereof.

INTELLECTUAL PROPERTY INDEMNIFICATION: Respondent shall defend, indemnify, and hold harmless TSC against any and all losses arising out of or related to any claim that any of the products, services, Deliverables, or TSC’s receipt or use thereof infringes or misappropriates any intellectual property right of a third party.

DIVERSITY, EQUITY, AND INCLUSION (DEI) INITIATIVES: Senate Bill 17 (“SB 17”) requires a community college board of trustees to ensure that each unit of the college does not establish or maintain a DEI office or hire or assign an employee, or contract with a third party, to perform a DEI office’s duties, unless required by federal law. DEI office is a division, office, or other unit of the college established to influence the college’s hiring or employment practices with respect to race, sex, color, or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with law, or established to promote differential treatment of or special benefits to individuals based on race, color, or ethnicity.

Therefore, the College prohibits its employees, vendors, contractors or a participant in any function of the College to give preference on the basis of race, sex, color, ethnicity, or national origin and prohibits them to engage in any of the following actions:

1. Influencing hiring or employment practices with respect to race, sex, color, or ethnicity, other than through the use of color-blind and sex-neutral hiring policies consistent with anti-discrimination laws);

2. Promoting differential treatment of or providing special benefits to individuals on the basis of race, color or ethnicity;

3. Promoting policies or procedures about race, color, or ethnicity; or

4. Conducting trainings, programs, or activities about race, color, ethnicity, gender identity, or sexual orientation, other than those expressly authorized by College legal counsel in accordance with state law.

The College considers all information, documentation and other materials submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552). Notwithstanding the foregoing, disclosure of information related to this solicitation shall be made only after a purchase order and contract is award.

Any contract resulting from this solicitation will be governed and construed according to the laws of the State of Texas. Both parties agree that venue for any litigation arising from this contract shall lie in Cameron County, Texas.

VENDOR CONCERNS: Texas Southmost College (TSC) is committed to fostering a culture of ethics, integrity, and compliance. A culture where vendors and members of the community feel comfortable in raising and discussing compliance questions and reporting serious concerns confidentially and without fear of retaliation.

If you have any concerns that may involve improper conduct or practice to be violation of law or College’s purchasing policies and procedures, you can report them to the Director of Purchasing.

Protests regarding a public solicitation or purchase order contract award (the protest must be received within 10 business days after award) and reports regarding suspicious fraudulent activity are also accepted through this procedure. A written concern must include the following information:

• Name, address, telephone numbers, and email address of the person submitting the concern.

• A specific identification of law, statutory, or regulatory provision(s) that the action complained of is alleged to have violated.

• Name and number of public solicitations in question (if applicable).

• Specific description and date of each relevant act alleged to have violated.

• Statement as to the result/action requested.

• Submission of documents that support the factual or legal basis of the concern or protest.

• If necessary, all relevant, factual information establishing, supporting, and justifying the concern or protest.

The Director of Purchasing may request additional information from the requesting party. The concern will be forwarded to College’s Administrators and Legal Counsel for review.