1-TSC RFP 26-10 Temporary Staffing Services.pdf

REQUEST FOR PROPOSAL (RFP)

Temporary Staffing Services

TSC RFP 26-10

PROPOSAL SUBMISSION DEADLINE:

April 1, 2026

2:00 P.M.

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 written 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 purchasing agent is:

Mrs. Monika A. Garcia Coordinator of Purchasing Commissary 208 80 Fort Brown Brownsville, Texas 78520 Phone: 956-295-3425 Fax: 956-295-3408 monika.garcia@tsc.edu

SECTION 3. SUBMISSION OF PROPOSALS

Pre-proposal conference: A non-mandatory pre-proposal conference is scheduled for Tuesday, March 24, 2026 at 3:00 p.m. at the TSC Purchasing and Contract Services, Commissary Building, Room 208, Brownsville, Texas 78520. The pre-proposal conference will also be available virtually, if desired, you can join via Microsoft teams using the following access site: RFP 26-10 Temporary Staffing Services Pre-proposal meeting | Meeting-Join | Microsoft Teams

Proposal submittal deadline: College will accept proposals until Wednesday, April 1, 2026 at 2:00 p.m. local time. Proposals in print format shall be submitted to the TSC Purchasing and Contract Services department located at Commissary Building, 80 Fort Brown; Brownsville, Texas 78520 in attention to Patricia G. Saldivar, Director of Purchasing. At 2:30 p.m. proposals will be read aloud in Commissary 214 Conference Room of the Fort Brown Campus. The proposal opening will also be available virtually, if desired, you can join via Microsoft teams meeting using the following access: RFP 26-10 Temporary Staffing Services Proposal Deadline meeting | Meeting-Join | Microsoft Teams https://tsc.bonfirehub.com/portal/?tab=openOpportunities mailto:monika.garcia@tsc.edu https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzZjN2FhMWQtMmZhMi00OTBiLWFjZjctODNjMTAwZDFiNmJh%40thread.v2/0?context=%7b%22Tid%22%3a%226930cbf3-5f31-4171-8308-fd36d4a650e2%22%2c%22Oid%22%3a%222bea31dd-c681-4d42-8290-0788c31936a5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzZjN2FhMWQtMmZhMi00OTBiLWFjZjctODNjMTAwZDFiNmJh%40thread.v2/0?context=%7b%22Tid%22%3a%226930cbf3-5f31-4171-8308-fd36d4a650e2%22%2c%22Oid%22%3a%222bea31dd-c681-4d42-8290-0788c31936a5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2JlOTY1NzgtZjViOC00NDhmLWE5ZTktOTcyNGE3ZTc1NTEy%40thread.v2/0?context=%7b%22Tid%22%3a%226930cbf3-5f31-4171-8308-fd36d4a650e2%22%2c%22Oid%22%3a%222bea31dd-c681-4d42-8290-0788c31936a5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2JlOTY1NzgtZjViOC00NDhmLWE5ZTktOTcyNGE3ZTc1NTEy%40thread.v2/0?context=%7b%22Tid%22%3a%226930cbf3-5f31-4171-8308-fd36d4a650e2%22%2c%22Oid%22%3a%222bea31dd-c681-4d42-8290-0788c31936a5%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. College delivery hours are from Monday thru 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 now uses Bonfire, an online vendor registration, e-procurement, and contract management solution as an alternate method for vendors to submit proposals electronically. This is a secured electronic bidding system approved by the Information Technology department that will maintain the submissions sealed until the RFP opening date.

Bonfire allows vendors to register to do business with TSC, notification of solicitation opportunities, and submit proposals electronically. If you are interested in submitting a proposal electronically, please see below link that will take you directly to Bonfire so you may register and be able to view details about this solicitation https://tsc.bonfirehub.com/portal/?tab=openOpportunities. To assist with the online application and view submission instructions, please refer to “Submission Instructions for Suppliers” sheet.

The College will not accept submissions delivered by telephone, email, or facsimile (fax).

Proposals properly received will not be returned to Respondents.

SECTION 4. CONSIDERATION OF PROPOSALS

All proposals must be complete and convey all of the information requested to be considered responsive. If the proposal fails to conform to the essential requirements of this RFP, TSC alone will determine whether it is a candidate for further consideration.

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 in consideration to the following selection criteria factors in determining to whom to award a contract.

Selection Criteria Weights

(1) The pricing and delivery date of goods and services. 15

(2) The respondent’s qualifications and experience. 15

(3) The respondent’s ability to provide goods and services. 15

(4) The respondent’s past performance on comparable projects. 15

(5) The respondent’s ability to comply with delivery schedules. 10

(6) The respondent’s service support policy and customer satisfaction. 10

(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. 5

(10) Ability to provide timely professional services by having corporate or branch offices within the Texas Southmost College District.

Total 100 pts 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 the total number of supporting personnel related to providing the services required in this RFP.

• Provide resumes of the team 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.

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

• This 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 ten (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 if the company has filed bankruptcy within the past ten (10) years.

4. THE RESPONDENT’S PAST PERFORMANCE ON COMPARABLE PROJECTS.

Identify and describe the respondent’s past performance for 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 ten (ten) years.

*Provide institution name/client name *Representative name, contact information *Location *Project Name *Description of services provided *Years of service *Project Size

If available, provide color images (photographic reproductions) of proposed good 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 and discuss your proposed approach and methodology in providing the services of the type and kind required in this RFP as well as a detailed implementation plan with projected start and end dates of completion for each task from delivery of service to TSC.

6. THE RESPONDENT’S SERVICE SUPPORT POLICY AND CUSTOMER

SATISFACTION. Describe your 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 if 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 number of employees in the State of Texas.

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

CONTAINED HEREIN. Must be able to provide a 25 year Panduit Certification PLUS warranty on all copper and fiber permanent cabling links.

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 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 3 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-type 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 use of a divider sheet with an integral tab for ready reference.

All submittals should include a Table of Contents for the Proposal and page numbers for each part of the Proposal as well as any separate attachments. Supplementary information not required should be clearly identified in the Table of Contents and provided as a separate part.

Submit one (1) copy of the proposal in print format and one (1) copy of the proposal in electronic format. The electronic copy shall be submitted in a USB/Flash Drive or in a CD in the same envelope as the hard-copy (print format) original proposal.

Electronic proposal(s) Please follow the “Submission Instructions for Suppliers” sheet to submit via the public portal.

Prepare your submission materials based on the requested information and documents. Each part of the proposal should be separated as instructed in the portal.

The maximum upload file size is 1000 MB. Please do not embed any documents within your 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 significant time, depending on the size of the file(s) and your Internet connection speed. Prepare your responses in advance to ensure they fit within the length restrictions.

Upload your submission at: https://tsc.bonfirehub.com/opportunities/47870. It is strongly recommended that you give yourself sufficient time and at least ONE (1) day before closing time to begin the uploading process and to finalize the submission. An email confirmation receipt with a unique confirmation number will be received after you finalize the submission.

Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled. 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

5. Exhibit E – PROHIBITION OF BOYCOTTING ISRAEL FORM

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

7. Pricing Form.

8. Certification of Franchise Taxes of Account Status.

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

10. Proof of Insurance (for services).

11. Completed Form 1295.

12. Sample of all proposed contractual documents that may result from this solicitation such as: contract, agreement, terms and conditions sheet, etc. (Not signed).

https://tsc.bonfirehub.com/opportunities/47870 mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc

SECTION 7. SCOPE OF WORK:

Temporary Staffing Services: Texas Southmost College (TSC) is soliciting proposals from qualified firm(s) to provide Temporary Staffing Services on a as needed basis. Qualified respondents are invited to submit a proposal outlining their qualifications and willingness to provide services as described in the Scope of Services, and in accordance with the terms, conditions and requirements set forth in the Request for Proposal (RFP). The successful Respondent must provide the scope of services in accordance with all applicable laws, regulations and professional standards.

Scope of Services

TSC has a need for temporary staffing and the vendor to furnish all resources and services necessary and required to provide temporary personnel services to TSC. In performing the required temporary personnel services, TSC is requiring the vendor to be responsible for, but not limited to, the following administrative tasks:

• Receive and process requests/orders for temporary personnel via telephone, internet or email.

• Provide administrative supervision of assigned temporary personnel.

• Collect and maintain timesheets for all temporary personnel assigned to TSC.

• Monitor and address personnel, turnover or other job-related issues as communicated to the vendor by TSC.

• Provide general accounting services, i.e., paycheck distribution, invoice and/or timesheet reconciliation, etc.

• Maintain a quality assurance/quality control program for assigned temporary personnel.

• At their cost, awarded vendor will conduct all background checks in accordance with all applicable local, state, and federal laws. A copy of the background check report will be made available to TSC designated personnel upon request.

• Vendor shall screen and evaluate all personnel prior to presentation to TSC for consideration of education, work experience, and technical skills required for the job position assigned.

• Temporary staff provided by the Respondent to fill temporary positions must meet the requirements stipulated in any job assignment as provided by TSC. All temporary agency staff will abide by instructions and/or directions of TSC or designee and adhere to all applicable TSC policies and procedures.

• Respondent must comply with all local, state and federal laws and regulations affecting their business and their employees.

• Replacements: Upon notice by TSC, the Contractor shall furnish replacements for any personnel deemed unacceptable by TSC. A replacement will be requested if the replacement leaves the assignment before the assignment is completed, or assigned personnel do not perform the tasks as requested, has poor attendance, or has engaged in misconduct.

• Long Term Personnel Discount: TSC reserves the right to negotiate rates for long-term placements on case-by-case basis.

TEMPORARY POSITIONS – BRIEF JOB DESCRIPTIONS

For the purpose of determining mark-up rates, the job portrayals below offer a general synopsis of the various temporary positions that TSC fills on a recurrent basis and as a need may arise. The actual requirements of a temporary position will depend on the information provided by TSC at the time such services are engaged.

Accounting/Purchasing Clerk

Performs general accounting functions including the supervision and reconciliation of finance processes, implementation of related policies and procedures, and oversight and coordination of the work activities of the financial services unit to ensure the accuracy and reliability of financial transactions, with minimal guidance and direction for functions including budget, accounts payable, purchasing, business services, and cashier.

Administrative Assistant

Responsible for providing administrative-level secretarial and clerical service to students, faculty, and staff; performing a variety of clerical and administrative support for programs, departments, and other offices; filing and maintaining official college records; and communicating new and/or changes in procedures. Deals with a diverse group of important external callers and visitors as well as internal contacts at all levels of the organization. Independent judgment is required to plan, prioritize and organize diversified workload.

Building Maintenance/Construction Worker

Performs minor carpentry, plumbing, electrical repairs, moving, maintenance work and assists crafts workers in completion of assigned projects.

Cook/Food Handler

Prepares and/or serves snacks and hot lunches. Plans weekly menus, develops shopping lists, calculates amounts of food and makes purchases. Organizes and cleans kitchen according to health department standards. Maintain nutritional requirements as identified by supervisor.

Warehouse Worker

Responsible for the daily collection, distribution and shipping of mail, books, supplies and other valuable items/documents for the College on a regularly scheduled basis. Assists with data entry of assets, coordination of moves and transfers of equipment, disposition of surplus and generation of asset reports in accordance with college, state and federal regulations. Forklift operating knowledge.

Audio/Visual Technician

Responsible for implementation of technical services, including events, audio-visual equipment, and relevant facility operations at the College. Oversees events to ensure that equipment and facilities are properly used within established operating procedures and contractual obligations.

SECTION 8. CONTRACT AWARD PROCESS

Newspaper Advertisements: Wednesday, March 11 and March 18, 2026 Pre-proposal conference: Tuesday, March 24, 2026 at 3:00 p.m.

Deadline to submit proposals: Wednesday, April 1, 2026 before 2:00 p.m.

Estimated award: May 2026 or after.

Evaluation Process:

In addition, 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 can be awarded. If the College awards a contract, it will award the contract to the Respondent(s) whose proposal (s) is considered to be the most advantageous to college and is 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: The estimated initial contract resulting from this RFP will be for an initial period commencing on September 1, 2026 through August 31, 2027. This contract will have the option to renew for three (3) additional one-year terms before these services are subject to public solicitation. However, nothing in this RFP prohibits to negotiate different contract terms at the discretion of the College.

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 sixty (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/Disclosure of Proposals: TSC is a governmental entity and subject to the Texas Public Information Act (the Act). TSC is under a legal obligation to provide information to the public regarding any “information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business by a governmental body.”

Texas Government Code Chapter 552. TSC considers all information, documentation and other materials submitted in response to this solicitation to be subject to public disclosure under the Act.

All Open Records/Public Information Requests should be directed to the Office of the President.

Office of the President - Public Information 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.

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

-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.

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 bating 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.

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. A review will be provided upon discussion of findings.

Reporting Methods patricia.saldivar@tsc.edu US Postal Mailing: Patricia G. Saldivar, Director of Purchasing, 80 Fort Brown, Brownsville, Texas 78520.

mailto:patricia.saldivar@tsc.edu

Exhibit A

ANTI-COLLUSION CERTIFICATION

By submission of this proposal, the Respondent certifies that:

1. This proposal has been independently arrived at without collusion with any other Respondent or with any competitor;

2. This proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of proposals for this project, to any other offer or competitor or potential competitor;

3. No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a proposal;

4. The person signing this proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Offer or as well as to the person signing in its behalf.

By: Signature and Title Respondent

Date

Exhibit B

EXECUTION OF OFFER

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED AND RETURNED WITH RESPONDENT’S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE RESPONDENT’S PROPOSAL WILL RESULT IN THE

REJECTION OF THE PROPOSAL.

2.1 By signature hereon, Respondent represents and warrants the following:

2.1.1 Respondent acknowledges and agrees that (1) this RFP/ is a solicitation for a proposal and is not a contract or an offer to contract; (2) the submission of a proposal by Respondent in response to this RFP/ will not create a contract between Texas Southmost College (TSC) and Respondent; (3) College has made no representation or warranty, written or oral, that one or more contracts with College will be awarded under this RFP/; and (4) Respondent will bear, as its sole risk and responsibility, any cost arising from Respondent’s preparation of a response to this RFP/.

2.1.2 Respondent is a reputable Respondent that is lawfully and regularly engaged in providing the Services.

2.1.3 Respondent has the necessary experience, knowledge, abilities, skills, and resources to perform the Services.

2.1.4 Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances.

2.1.5 Respondent understands (i) the requirements and specifications set forth in this RFP/ and (ii) the terms and conditions set forth in the Agreement under which Respondent will be required to operate.

2.1.6 If selected by TSC, Respondent will not delegate any of its duties or responsibilities under this RFP/ or the Agreement to any sub-Respondent, except as expressly provided in the Agreement.

2.1.7 If selected by TSC, Respondent will maintain any insurance coverage as required by the Agreement during the term thereof.

2.1.8 All statements, information and representations prepared and submitted in response to this RFP/ are current, complete, true and accurate. Respondent acknowledges that College will rely on such statements, information and representations in selecting the Respondent. If selected by the College, Respondent will notify College immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.

2.1.9 Respondent will defend with counsel approved by TSC, indemnify, and hold harmless, The College, the State of Texas, and all of their regents, officers, agents and employees, from and against all actions, suits, demands, costs, damages, liabilities and other claims of any nature, kind or description, including reasonable attorneys’ fees incurred in investigating, defending or settling any of the foregoing, arising out of, connected with, or resulting from any negligent acts or omissions or willful misconduct of Respondent or any agent, employee, sub Respondent, or supplier of Respondent in the execution or performance of any contract or agreement resulting from this RFP/.

2.1.10 Pursuant to Sections 2107.008 and 2252.903, Government Code, any payments owing to Respondent under any contract or agreement resulting from this RFP/ may be applied directly to any debt or delinquency that Respondent owes the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full.

2.1.11 Pursuant to the provisions of Chapter 2270 of the Texas Government Code, Respondent verifies that it does not boycott Israel and will not boycott Israel during the term of the Agreement.

2.2 By signature hereon, Respondent offers and agrees to furnish the Services to College and comply with all terms, conditions, requirements and specifications set forth in this RFP.

2.3 By signature hereon, Respondent affirms that it has not been identified on a scrutinized Respondent list prepared and maintained by the comptroller under Government Code 806.051, 807.051, or 2252.153.

2.4 By signature hereon, Respondent affirms that it has not given or offered to give, nor does Respondent intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with its submitted proposal. Failure to sign this Execution of Offer, or signing with a false statement, may void the submitted proposal or any resulting contracts, and the Respondent may be removed from all proposal lists.

2.5 By signature hereon, Respondent certifies that it is not currently delinquent in the payment of any taxes due under Chapter 171, Tax

Code, or that Respondent is exempt from the payment of those taxes, or that Respondent is an out-of-state taxable entity that is not subject to those taxes, whichever is applicable. A false certification will be deemed a material breach of any resulting contract or agreement and, at University's option, may result in termination of any resulting contract or agreement.

2.6 By signature hereon, Respondent hereby certifies that neither Respondent nor any firm, corporation, partnership or institution represented by Respondent, or anyone acting for such firm, corporation or institution, has violated the antitrust laws of the State of

Texas, codified in Section 15.01, et seq., Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.

2.7 By signature hereon, Respondent certifies that the individual signing this document and the documents made a part of this RFP/, is authorized to sign such documents on behalf of Respondent and to bind Respondent under any agreements and other contractual arrangements that may result from the submission of Respondent’s proposal.

2.8 By signature hereon, Respondent certifies as follows: "Under Section 231.006, Family Code, relating to child support, Respondent certifies that the individual or business entity named in the Respondent’s proposal is not ineligible to receive the specified contract award and acknowledges that any agreements or other contractual arrangements resulting from this RFP/ may be terminated if this certification is inaccurate."

2.9 By signature hereon, Respondent certifies that (i) no relationship, whether by blood, marriage, business association, capital funding agreement or by any other such kinship or connection exists between the owner of any Respondent that is a sole proprietorship, the officers, or directors of any Respondent that is a corporation, the partners of any Respondent that is a partnership, the joint venturers of any Respondent that is a joint venture or the members or managers of any Respondent that is a limited liability Respondent , on one hand, and an employee of any component of the College, on the other hand, other than the relationships which have been previously disclosed to College in writing and (ii) Respondent has not been an employee of any component institution of TSC within the immediate twelve (12) months prior to the Submittal Deadline. All disclosures by Respondent in connection with this certification will be subject to administrative review and approval before College enters into a contract or agreement with Respondent.

2.10 By signature hereon, Respondent certifies that in accordance with Section 2155.004, Government Code, no compensation has been received for its participation in the preparation of…