REQUEST FOR PROPOSALS FOR: BROWNSVILLE METRO

VENDING CONCESSION

RFP#: 139-26-BMT-RFP

RFP CLOSING DATE: Tuesday, March 17, 2026

RFP CLOSING TIME: 3:00 P.M CT

City of Brownsville, Texas Procurement Department Solicitation No. 139-26-BMT-RFP

Table of Contents

1 GENERAL INFORMATION

1.1 INVITATION SUMMARY

1.2 LEGAL ADVERTISEMENT NOTICE

1.3 CALENDAR OF EVENTS

1.4 PROJECT OVERVIEW

1.5 CONTRACT TERM

1.6 POINT OF CONTACT

1.7 UNAUTHORIZED COMMUNICATION

1.8 SUBMISSION OF CLARIFICATIONS OR CHANGES

1.9 SUBMISSION OF PROPOSALS

1.10 REVENUE INFORMATION

1.11 FUNDING NOTICE

1.12 EQUAL EMPLOYMENT OPPORTUNITY

2 SCOPE OF WORK

2.1 PROJECT DESCRIPTION

2.2 SCOPE OF SERVICES

2.2.1 Vending Machine Locations and Intended Use

2.2.2 Installation and Equipment

2.2.3 Product Offerings

2.2.4 Customer Service

2.2.5 Maintenance and Servicing

2.2.6 Compliance and Security

2.2.7 Performance Standards & Metrics

2.2.8 Penalty or Liquidated Damages Clause

2.2.9 Concession Fee

2.2.10 Revenue Auditing & Financial Reporting

2.2.11 Personnel Qualifications and Responsibilities

2.2.12 U.S. DOT (Department of Transportation) Disadvantaged Business Enterprise

2.3 MINIMUM QUALIFICATIONS

2.4 PERFORMANCE REQUIREMENTS

2.5 REFERENCE TO TECHNICAL DOCUMENTS

3 PROPOSAL INSTRUCTIONS

3.1 GENERAL REQUIREMENTS

3.2 PROPOSAL FORMAT

3.3 WITHDRAWAL OR MODIFICATION OF PROPOSALS (PRIOR TO DEADLINE)

3.4 CONFIDENTIALITY / TEXAS PUBLIC INFORMATION ACT

4 EVALUATION AND AWARD

4.1 GENERAL EVALUATION APPROACH

4.2 EVALUATION COMMITTEE

4.3 STEPS IN THE EVALUATION PROCESS

4.4 EVALUATION CRITERIA AND SCORING

4.5 ORAL INTERVIEWS, PRESENTATIONS, AND NEGOTIATIONS

4.6 BASIS OF AWARD

4.7 SINGLE PROPOSAL

5 TERMS AND CONDITIONS

5.1 STANDARD TERMS AND CONDITIONS REFERENCE (EXHIBIT A)

5.2 PROPOSAL VALIDITY / FIRM OFFER PERIOD

5.3 WITHDRAWAL OF PROPOSAL

5.4 PROPOSAL PRICE REVISIONS (IF APPLICABLE)

5.5 AVAILABILITY OF FUNDS / NON-APPROPRIATION

5.6 TERMINATION BY THE CITY

5.7 INDEMNIFICATION

5.8 INSURANCE REQUIREMENTS

5.9 PROTEST PROCEDURES

5.10 RESTRICTIONS ON LOBBYING & POLITICAL CONTRIBUTIONS

5.11 CONFLICT OF INTEREST DISCLOSURES

5.12 STATE AND FEDERAL CERTIFICATIONS (AS APPLICABLE)

5.13 PUBLIC INFORMATION ACT & CONFIDENTIALITY

5.14 GOVERNING LAW & VENUE

5.15 INDEPENDENT CONTRACTOR STATUS

5.16 RESERVATION OF RIGHTS

5.17 DRUG-FREE WORKPLACE

5.18 CONSTRUCTION ONLY TERMS AND CONDITIONS (IF APPLICABLE)

5.18.1 Materials Testing and Compliance (Construction Only; or Goods/Materials, If Applicable)

5.18.2 Proposal Security/Bid Bond (Construction Only)

5.18.3 Payment and Performance Bond Requirements (Construction Only) (Exhibit B)

5.18.4 Liquidated Damages (Construction Only)

5.18.5 Change Orders (Construction/Renovation Only)

5.18.6 Application for Progress Payment; Retainage (Construction/Renovation Only)

5.18.7 Contractor’s Warranty of Title (Construction/Renovation Only)

6 EXHIBIT “A” - STANDARD PURCHASING TERMS AND CONDITIONS

7 EXHIBIT “B” - CHAPTER 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BOND

1 General Information

1.1 Invitation Summary

The City of Brownsville (the “City”) is soliciting sealed proposals from qualified firms to provide the services described in this Request for Proposals (RFP). All proposals must be prepared and submitted in accordance with the instructions in this solicitation All dates and times referenced in this RFP are Central Standard Time (CST).

Proposers are responsible for ensuring their response is complete and submitted electronically through the City’s Bonfire portal at https://brownsvilletx.bonfirehub.com by the deadline stated in this solicitation. Late responses will not be accepted.

For questions or assistance, please contact the designated Buyer listed in Section 1.4 (Point of Contact).

1.2 Legal Advertisement Notice

* B/P/Q (Bid/Proposal/Qualifications)

Sealed, bids/proposals must be submitted electronically via the City’s Bonfire portal, at City of Brownsville (bonfirehub.com)

Copies of the bid documents consisting of detailed specifications, general requirements or other information may be obtained at http://www.brownsvilletx.gov City of Brownsville (bonfirehub.com)

Interested Bidders/Proposers are invited to attend the Pre-Bid/Pre-Proposal and the Bid/Proposal opening Virtually on the dates specified. Presence is not mandatory. Specifications may also be viewed and downloaded at: City of Brownsville (bonfirehub.com)

Description NUMBER Pre-Bid Meeting SITE VISIT OPENING

Request For Proposals For: Brownsville Metro

Vending Concession

*P

139-26-BMT-

RFP

Wednesday, February 18, 2026

@ 10:00 A.M CT

TEAMS VIRTUAL MEETING

Thursday, February 19, 2026

@ 10:00 A.M CT

Location: 755

International Blvd at La Plaza Terminal

Tuesday, March 17, 2026 @ 3:00 P.M CT

TEAMS VIRTUAL

MEETING

https://brownsvilletx.bonfirehub.com/ https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities http://www.brownsvilletx.gov/

1.3 Calendar of Events

Release Date Saturday, February 7, 2026 Pre-Proposal Meeting Wednesday, February 18, 2026 at 10:00 AM

The Proposal meeting is open to the public. Participants may attend via Microsoft Teams (link below).

Microsoft Teams Link:

https://teams.microsoft.com/meet/29222154217950?p=TTUERsUMhPEs8lqlDG

Meeting ID: 292 221 542 179 50 Passcode: 5eT9ds3A

Site Visit Thursday, February 19, 2026 at 10:00 AM

Location: 755 International Blvd at La Plaza terminal

Questions Due Date Thursday, February 26, 2026 at 3:00 PM Addenda Issue Date Tuesday, March 3, 2026 at 5:00 PM Proposal Closing Due Date

Tuesday, March 17, 2026 at 3:00 PM

Proposal Opening Meeting

Tuesday, March 17, 2026 at 3:00 PM

The Proposal Opening meeting is open to the public. Proposal Opening meeting participants may attend via Microsoft Teams (link below).

Microsoft Teams Link:

https://teams.microsoft.com/meet/21202056446799?p=HW46EQv42MJsAdRHot

Meeting ID: 212 020 564 467 99 Passcode: EA2Gg77j

Evaluation Period Week of March 23, 2026 Interviews (If Applicable)

Week of March 20, 2026

Anticipated City Commission Award

May 5, 2026

This timeline is subject to change at the sole discretion of the City. Potential Proposers will be notified via addendum if a change in the schedule is made by the City.

https://teams.microsoft.com/meet/29222154217950?p=TTUERsUMhPEs8lqlDG https://teams.microsoft.com/meet/21202056446799?p=HW46EQv42MJsAdRHot

1.4 Project Overview

Brownsville Metro is seeking proposals from qualified vendors to install, operate, stock, service, and maintain vending machines at designated Brownsville Metro terminal locations. The vending machines shall provide passengers, employees, and visitors with convenient access to food, beverages, and other travel-related products.

The selected vendor will be responsible for providing modern, ADA-compliant vending machines; ensuring consistent product availability; performing routine maintenance and servicing; and delivering timely customer service. All vending operations must comply with applicable federal, state, and local laws, including Federal Transit Administration (FTA) requirements. This solicitation is intended to establish a revenue-generating concession agreement for vending services at Brownsville Metro facilities.

1.5 Contract Term

The initial term of the agreement resulting from this RFP shall commence on approval by the City Commission or its designee and be for three (3) years with one (1) optional two-year renewal period, unless terminated earlier in accordance with the contract provisions. The City reserves the right to renew the contract for additional periods, subject to mutual agreement and availability of funds.

The City reserves the right to make a single award, multiple awards, or no award, as determined to provide the best value to the City and consistent with the evaluation criteria in this RFP.

1.6 Point of Contact

For information regarding bidding procedures contact Ms. Alondra Palacios, Buyer or Mr. Damian Espinoza, Procurement Director, via Bonfire or email at purchasing@brownsvilletx.gov

1.7 Unauthorized Communication

Any oral communications are considered unofficial and non-binding with regard to this RFP. After the release of this solicitation, Proposer(s) are prohibited from contacting or communicating with any City officer, employee, or representative regarding this RFP other than (i) the point of contact designated herein. No officer, employee, agent, or representative of the Proposer(s) shall, directly or indirectly through others, have any contact or discussion, oral or written, with any members of the City Commission; members of the RFP evaluation, interview, or selection panels; City staff or City’s consultants, or seek to influence any City Commission Member, RFP evaluator, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as expressly provided herein. IF A REPRESENTATIVE OF ANY PROPOSING

COMPANY VIOLATES THE FOREGOING PROHIBITION BY CONTACTING ANY OF THE

ABOVE-LISTED PARTIES WITH WHOM CONTACT IS NOT AUTHORIZED, SUCH CONTACT

MAY RESULT IN THE PROPOSER BEING DISQUALIFIED FROM THE IFB/RFP/RFQ/OR ANY

OTHER PROCUREMENT RELATED PROCESS.

mailto:purchasing@brownsvilletx.gov

1.8 Submission of Clarifications or Changes

All requests for clarifications must be submitted in Bonfire no later than the date specified in the Calendar of Events.

1.9 Submission of Proposals

Respondents are responsible for ensuring their RFP response is complete and submitted in a timely manner.

Proposals received after the deadline will not be opened, evaluated, or considered, regardless of circumstances.

The City of Brownsville reserves the right to negotiate with proposers within a competitive range and to reject any and all proposals. At the sole discretion of the City, the events and dates listed in this solicitation are subject to change or cancellation, with notice provided through addenda posted on the Bonfire portal. The contents of the proposal will become part of the resulting contract; therefore, Proposers should ensure that all information is accurate, complete, and free of conditions that might limit the City’s rights.

1.10 Revenue Information

Revenue Sharing Structure This project is expected to generate revenue for the City of Brownsville. Proposers shall submit a proposed revenue-sharing structure, including applicable percentages, minimum guarantees (if any), and payment schedule, as described in this RFP. The City reserves the right to reject any and all proposals that do not provide acceptable revenue terms.

1.11 Funding Notice

This project is not funded by federal or state grant funds. No federal or local funds will be expended as a result of this solicitation. The resulting agreement will be revenue-generating in nature and shall comply with all applicable local procurement laws, regulations, and policies.

1.12 Equal Employment Opportunity

The City of Brownsville is an Affirmative Action/Equal Opportunity Employer. Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Labor Surplus Area firms are encouraged to submit proposals.

2 Scope of Work

The Scope of Work outlined in this section represents the complete set of tasks, responsibilities, deliverables, performance standards, and operational requirements for this project. Proposers shall review all requirements carefully and ensure their proposals address each component described herein.

2.1 Project Description

The City of Brownsville, through Brownsville Metro, seeks a qualified vendor to provide comprehensive vending machine services at designated terminal locations. Services include the furnishing, installation, operation, stocking, maintenance, and servicing of vending machines offering food, beverages, and travel-related products. The vendor shall also be responsible for customer service, regulatory compliance, and adherence to performance standards, as further detailed in the Scope of Work.

2.2 Scope of Services

2.2.1 Vending Machine Locations and Intended Use

• La Plaza Terminal Location: 755 International Blvd., Brownsville, TX This location is a public bus terminal serving transit passengers and visitors. Vending machines installed at this facility are intended for public use, including passengers, visitors, and employees. The number and type of machines proposed for this location shall be appropriate for a high-traffic transit environment.

• Maintenance Yard / Eastside Transfer Station Location: 700 Jose Colunga Jr. St., Brownsville, TX This location is an operational facility primarily used by Brownsville Metro employees. Vending services at this site are intended for employee use only.

The vendor shall provide one (1) vending machine at this location unless otherwise approved by Brownsville Metro.

Brownsville Metro reserves the right to adjust the number, type, or placement of vending machines at either location during the contract term with reasonable notice to the vendor.

2.2.2 Installation and Equipment

• Provide and install modern, ADA-compliant vending machines at designated Brownsville Metro locations.

• Ensure all machines are energy-efficient and equipped with modern technology.

• Install machines with cashless payment systems, including credit/debit card readers and mobile payment compatibility. At least three major credit/debit cards and digital wallets (Apple Pay, Google Pay, etc.).

• Maintain vending machine branding and aesthetics in line with Brownsville Metro guidelines.

2.2.3 Product Offerings

• Stock machines with a variety of products, including but not limited to:

o Snacks (healthy and traditional options) o Beverages (non-alcoholic, bottled water, sodas, juices, etc.)

o Travel essentials (charging cables, earbuds, travel kits, personal care items, etc.)

• Ensure products meet applicable health, safety, and regulatory standards.

• Provide a mechanism for product selection adjustments based on customer demand and Brownsville Metro feedback.

• Packaging for take-away items should be suitable for air travel, including necessary utensils and condiments.

2.2.4 Customer Service

• Providing quality and timely customer service is a top priority.

• All vending machines must accept major credit/debit cards (Visa or MasterCard mandatory), as well as digital wallets such as Apple Pay and Google Pay. This requirement is detailed in Section 2.2.1.

• Customer service must be available to promptly address any customer inquiries or issues.

• Vendors must provide 24/7 customer support phone line and respond to inquiries within 2 hours during business hours and within 6 hours after hours.

2.2.5 Maintenance and Servicing

• Conduct routine servicing, restocking, and cleaning of all vending machines.

• Provide a 24/7 customer support line for troubleshooting and issue resolution.

• Ensure prompt response to machine malfunctions, restocking requests, and maintenance needs.

• Conduct regular inspections and ensure compliance with Brownsville Metro maintenance requirements.

2.2.6 Compliance and Security

• Adhere to all federal, state, and local laws governing vending operations, including food safety standards.

• Ensure personnel servicing vending machines comply with Brownsville Metro security clearance and background check requirements.

• Provide insurance and liability coverage in accordance with Brownsville Metro policies.

• Implement measures to prevent fraud, vandalism, and unauthorized access to vending machines.

• Vendors must comply with all applicable Federal Transit Administration (FTA) requirements and regulations, as applicable to this project, including but not limited to 49 CFR Part 26 (Disadvantaged Business Enterprise)

2.2.7 Performance Standards & Metrics

To ensure high service levels, vendors must meet the following Key Performance Indicators (KPIs):

• Maintenance Response Time: Vendors must address machine malfunctions within 4 hours of notification.

• Stock Availability: Machines must maintain 95% product availability at all times.

• Customer Complaint Resolution: Complaints must be addressed within 24 hours.

• Cleanliness: Machines must be cleaned and serviced at least every two weeks.

2.2.8 Penalty or Liquidated Damages Clause

Failure to meet service standards will result in penalties:

• Failure to restock machines promptly: $50 per occurrence.

• Failure to repair machines within 4 hours: $50 per day of delay.

• Persistent non-compliance with stocking, cleanliness, or customer service requirements: Grounds for termination after three (3) documented violations within a twelve (12) month period.

2.2.9 Concession Fee

• The Proposer’s concession fee offer is to be presented as a percentage of gross revenues generated by the machines placed in the public areas of the terminal building.

• Brownsville Metro will provide floor space and electric and data utilities for the installation of vending machines.

• Brownsville Metro reserves the right to add or change proposed vending locations at any time with reasonable notice to the vendor.

2.2.10 Revenue Auditing & Financial Reporting

• Vendors must submit monthly financial statements detailing gross revenues and concession fee payments.

• Brownsville Metro reserves the right to conduct monthly/quarterly audits of revenue reports.

2.2.11 Personnel Qualifications and Responsibilities

• The selected Proposer shall ensure that all personnel responsible for vending machine servicing, restocking, and maintenance are trained, competent, and adhere to high service standards.

• Personnel shall be knowledgeable in troubleshooting vending machine malfunctions and promptly addressing service issues.

• The selected Proposer shall maintain proper oversight to ensure the integrity and reliability of vending machine operations.

2.2.12 U.S. DOT (Department of Transportation) Disadvantaged Business Enterprise

• In accordance with the U.S. Department of Transportation, 49 CFR Part 26, DBE participation is required.

• The current DBE goal is at least 1% of the activity, service, or facility provided by a concessionaire.

• If the Respondent qualifies as a certified DBE, the agreement goal shall be deemed met.

• Each year, by February 1, the concession operator must provide Brownsville Metro with reports on DBE participation.

• DBE participation will be included in the proposal evaluation criteria.

12 HOURS OF OPERATION

Brownsville Metro operates 13 fixed routes, running Monday – Saturday from 6:00 AM to 8:00 PM, with most routes beginning and ending at the downtown La Plaza terminal. On Sundays, the service is limited and operates from 9:00 AM to 4:30 PM. The La Plaza facility itself is open daily from 5:00 AM to 10:00 PM.

2.3 Minimum Qualifications

Each Proposer must provide information demonstrating that it is qualified to perform the services described in the Scope of Work. Proposers must demonstrate their capability to deliver the required services, manage the project effectively, and ensure successful completion in compliance with applicable laws and standards. At a minimum, Proposers must demonstrate the following qualifications:

1. Relevant Experience – A minimum of one (1) year of experience providing vending machine services or similar services of comparable size and scope.

2. Past Performance – At least three (3) completed projects of similar nature within the last three (3) years.

3. Key Personnel – Identification of a Project Manager or Operations Manager responsible for overseeing vending operations, maintenance, restocking, and customer service, with demonstrated experience in vending operations, facilities management, retail operations, or a related field.

4. Financial Capacity – Sufficient financial strength to successfully perform under the resulting contract, as demonstrated by financial statements or other supporting documentation.

If a Proposer cannot meet one or more of the minimum requirements, the Proposer may provide supporting evidence demonstrating its ability to successfully complete the services, including the experience of management staff on similar contracts.

2.4 Performance Requirements

The successful proposer must comply with the following performance requirements, as applicable to the project:

• Compliance with all applicable federal, state, and local laws, codes, rules, and regulations, including those governing food safety, accessibility, and public facilities.

• Coordination with City of Brownsville and Brownsville Metro staff, and other contractors as necessary, to ensure uninterrupted operations and services.

• Adherence to all applicable City and facility safety standards related to vending operations, equipment servicing, and personnel conduct.

• Consistent performance in accordance with the service standards, response times, and operational requirements outlined in the Scope of Work.

2.5 Reference to Technical Documents

The following technical documents are incorporated by reference and provided as separate files in the City’s Bonfire procurement portal at https://brownsvilletx.bonfirehub.com. Proposers are responsible for reviewing these documents in their entirety prior to submission. Failure to acknowledge or comply with the requirements set forth in these documents may result in disqualification.

• Exhibit A – Brownsville Metro Vending Machine Locations

3 Proposal Instructions

3.1 General Requirements

All proposals must be submitted electronically through the City’s Bonfire portal at https://brownsvilletx.bonfirehub.com no later than the date and time specified in Section 1 (General Information). Proposals received after the deadline will not be opened or considered.

Proposals must be complete, organized, and signed by an officer or other authorized representative of the firm.

Any costs incurred in preparing or submitting a proposal are the sole responsibility of the Proposer

3.2 Proposal Format

Proposals shall be organized into chapters. Each chapter should be clearly labeled, and responses should be complete and concise.

Once submitted, proposals become the property of the City and will not be returned. Proposals must be signed by a duly authorized official of the firm or by an authorized agent with written proof of authority. Proposals that fail to follow the required format or omit requested information may be deemed non-responsive and excluded from further evaluation. Proposals transmitted by telegraph, facsimile, or other non-approved electronic means will not be considered. Proposals may not be withdrawn after the closing deadline, except as permitted by law.

The City of Brownsville reserves the right to reject any and all proposals, to waive informalities or irregularities in the best interest of the City, and to rely on information contained in the proposal, obtained from references, or secured through other sources as part of its evaluation. Conditional or incomplete proposals may be rejected at the City’s sole discretion. At the sole discretion of the City, the events and dates listed in this solicitation are subject to change or cancellation, with notice provided through addenda posted on the Bonfire portal. The contents of the proposal will become part of the resulting contract; therefore, Proposers should ensure that all information is accurate, complete, and free of conditions that might limit the City’s rights.

Proposers shall furnish documentation that identifies the following:

Chapter 1 – Letter of Intent

• Signed by an authorized representative, confirming the Proposer’s intent to provide services in accordance with this RFP 's terms and conditions, for the Rates (prices) submitted with the Proposal.

• Identify the primary point of contact for the proposal.

Chapter 2 – Experience, Qualifications, and Past Performance

• Company history, years in business, and areas of expertise.

• Relevant experience with projects of similar size and scope within the last three (3) year.

• At least three (3) references for comparable projects completed or ongoing within the same timeframe described above.

• Disclosure of any litigation or default history within the last ten (10) years.

Chapter 3 – Staffing and Key Personnel

Proposers shall identify the personnel who will be responsible for performing the services under this contract, including:

• An organizational chart showing key personnel and reporting structure.

• Résumé(s) of the Project Manager, Operations Manager, or other key staff responsible for vending operations.

• Availability of proposed personnel to support the project.

• Identification of any subcontractors or third parties proposed to assist with services and a description of their role.

Chapter 4 – Operations Plan and Technical Approach

• Narrative description of the Proposer’s approach to providing vending machine services in accordance with the Scope of Work.

• Description of equipment, product offerings, stocking practices, maintenance procedures, and customer service protocols.

• Description of how the Proposer will meet required performance standards, response times, and reporting requirements.

• Description of safety, cleanliness, and compliance practices related to vending operations.

• Proposers shall include a brief narrative and/or diagram identifying their recommended vending machine locations within the designated Brownsville Metro facilities, including the La Plaza Terminal (755 International Blvd.) and the Maintenance Yard/Eastside Transfer Station (700 Jose Colunga Jr. St.), based on customer traffic, accessibility, and operational considerations. Proposers may reference Exhibit A – Brownsville Metro Vending Machine Locations as a general guide. Proposed locations are for evaluation purposes only and are subject to final approval by Brownsville Metro.

Chapter 5 – Revenue Proposal

• Proposed concession fee expressed as a percentage of gross revenues, in accordance with Section 1.10 and the Scope of Work.

• Description of any proposed minimum revenue guarantees, if applicable.

• Description of payment terms and frequency.

• Any assumptions related to the revenue proposal.

Chapter 6 – Required Forms and Certifications Proposers must submit all required forms and certifications listed below. Failure to complete and submit these forms may result in the proposal being deemed non-responsive.

• City-Issued Forms The following forms are provided as separate attachments on the City’s Bonfire procurement portal and must be completed and returned with the proposal:

o Form 1 – Proposal Acknowledgment & Authorized Contact Info o Form 2 – Statement Of Conflicts Of Interest o Form 3 – Texas Ethics Commission Certificate of Interested Parties (Form 1295) o Form 4 – Respondent’s Statement of Organization o Form 5 – Non-Collusion Affidavit o Form 6 – Litigation Disclosure o Form 7 – Disclosure of Interest o Form 8 – References o Form 9 – Proposed Deviations o Addenda Acknowledgement Form - This form will be issued out by the City when an addendum is issued out.

• Vendor-Produced Documentation In addition to the City forms, vendors are responsible for providing certain documents that are not prepared or issued by the City. These must be completed by the vendor and uploaded in Bonfire with the proposal response in addition to City-issued forms. Proposers must submit the following documents prepared by the Proposer:

o Certificate of Insurance (as required in Section 5 – Terms and Conditions) o Financial Statements or Proof of Financial Capacity (if requested under Section 2.3 – Minimum

Qualifications) o Any additional documents specifically requested in this RFP.

3.3 Withdrawal or Modification of Proposals (Prior to Deadline)

Proposals may be withdrawn or modified at any time prior to the submission deadline through the City’s Bonfire portal. After the deadline, no changes, additions, or withdrawals will be permitted.

3.4 Confidentiality / Texas Public Information Act

All documents submitted in response to this solicitation are subject to the Texas Public Information Act (Texas Government Code Chapter 552). Proposers must clearly mark any portion of their submission that they consider confidential, proprietary, or trade secret.

The City will honor such designations to the extent allowed by law; however, the final determination of whether such information may be withheld rests with the Texas Attorney General or a court of competent jurisdiction.

4 Evaluation and Award

4.1 General Evaluation Approach

Proposals will be evaluated to determine which Proposer offers the best overall value to the City, considering price and other evaluation factors identified in this RFP. The evaluation process will be conducted in a fair, impartial, and transparent manner consistent with applicable local, state, and federal laws and regulations. Final award and contract execution are subject to approval by the Brownsville City Commission.

4.2 Evaluation Committee

All proposals will be evaluated by an Evaluation Committee composed of City staff and/or subject matter experts. The Committee may consult with other City representatives, legal counsel, or outside advisors as needed.

4.3 Steps in the Evaluation Process

• Step 1 – Compliance Review Proposals will undergo an initial screening to confirm that they meet the mandatory submission requirements outlined in this RFP. Proposals failing to meet these requirements may be deemed non-responsive and excluded from further consideration.

• Step 2 – Review and Scoring of Technical Criteria Responsive proposals will be evaluated on technical merit, which may include:

o Understanding of the project requirements and scope.

o Methodology, approach, and work plan.

o Qualifications, abilities, and reputation of the Proposer.

o Experience of key personnel and project team.

o Past performance and references.

o Financial and litigation history.

• Step 3 – Review and Scoring of Cost Proposal

Cost proposals will be evaluated for overall cost-effectiveness. The City may use a variety of methods to assign cost scores, including formula-based scoring, ranked or tiered scoring, range or band scoring, or other approaches that ensure fair and meaningful differentiation between proposals. Where appropriate, the City may also consider life-cycle costs, cost reasonableness, cost realism, and cost balance. The specific approach may vary depending on the number of proposals received, the funding source, and the nature of the procurement. Where federal funds are involved, evaluations will comply with applicable cost principles and procurement requirements under 2 CFR Part 200.

• Step 4 – Shortlisting (Competitive Range) Based on initial technical and cost evaluations, the Committee may establish a competitive range of the most highly rated proposals. Proposers within this range may be invited to participate in oral interviews, presentations, or clarifications.

• Step 5 – Negotiations and Best and Final Offer (BAFO) The City may conduct negotiations with Proposers in the competitive range. Following negotiations, the City may request Best and Final Offers (BAFOs). BAFOs will be evaluated against the same criteria, with adjustments based on negotiations and clarifications. The City reserves the right to make an award without negotiations or BAFOs if deemed in the City’s best interest.

• Step 6 – Recommendation and Award The Evaluation Committee will prepare a recommendation to the City Commission. The Commission, at its sole discretion, will make the final award decision. The City reserves the right to reject any or all proposals, waive minor informalities, and award in whole, in part, or not at all.

4.4 Evaluation Criteria and Scoring

Criteria Points

Minimum Qualifications (Pass/Fail) –

Proposed Percentage of Gross Revenue 40

Company Experience and Qualifications 20

Management, Recruiting, Staffing, and Training Plan 20

Proposed Menu and Pricing 15

DBE Participation 5

Total Available 100

• Proposed Percentage of Gross Revenue (40 points): Evaluation will be based on the percentage of gross revenues proposed to be paid to the City. Higher revenue percentages and more favorable financial terms to the City will receive higher scores.

• Company Experience and Qualifications (20 points): Evaluation will consider the Proposer’s experience providing vending machine or similar services, including years in business, relevant project experience, demonstrated capability to perform services of similar size and scope, and overall qualifications.

• Management, Recruiting, Staffing, and Training Plan (20 points): Evaluation will consider the Proposer’s approach to managing vending operations, including staffing levels, recruitment practices, employee training, supervision, and the ability to maintain consistent service levels and responsiveness.

• Proposed Menu and Pricing (15 points): Evaluation will consider the variety, quality, and appropriateness of proposed products, pricing competitiveness, inclusion of healthy options, and overall value to passengers, employees, and visitors.

• DBE Participation (5 points): Evaluation will consider the Proposer’s commitment to Disadvantaged Business Enterprise (DBE) participation in accordance with applicable requirements, including proposed participation levels and compliance with reporting obligations.

4.5 Oral Interviews, Presentations, and Negotiations

As part of the evaluation process, the City may invite shortlisted Proposers to participate in oral interviews, presentations, or demonstrations. These sessions are intended to clarify proposals, confirm the Proposer’s ability to meet project requirements, and provide evaluators with additional insight into the qualifications, methodology, staffing, and technical approach of each Proposer. The Evaluation Committee may adjust scores based on interview results; however, adjustments must be tied to the evaluation criteria in Section 4.4.

Interviews should not introduce new evaluation criteria beyond those identified in this RFP.

If negotiations are conducted, they may address technical requirements, terms and conditions, pricing, or other elements of the proposal. Following negotiations, the City may request Best and Final Offers (BAFOs).

Proposers are advised to submit their proposals on the most favorable terms, as the City reserves the right to award a contract without conducting interviews, negotiations, or requesting BAFO

4.6 Basis of Award

The City may award a contract in whole, in part, or by groupings of services, if such action is determined to provide the best value to the City, consistent with the evaluation criteria set forth in this RFP. The City also reserves the right to make multiple awards when such possibility is stated in this RFP and when consistent with applicable laws and funding requirements. In the event of a tie score, the City will follow the procedures outlined in Texas Local Government Code §271.901. If federal or state funding requirements prohibit the use of local preference in resolving a tie, the City will use a random selection method (such as drawing lots) to determine the award.

4.7 Single Proposal

In the event that only one proposal is received, the City will evaluate the proposal in accordance with the published evaluation criteria to determine whether it represents best value to the City. The City may also conduct a cost and technical analysis to determine whether the proposal is fair and reasonable. Based on this review, the City may make an award, negotiate with the Proposer, or reject the proposal and re-advertise the solicitation.

5 Terms and Conditions

5.1 Standard Terms and Conditions Reference (Exhibit A)

The City of Brownsville’s Standard Purchasing Terms and Conditions (Exhibit A) are incorporated herein by reference and shall govern all resulting contracts unless expressly modified by this solicitation. By submitting a proposal, the Proposer acknowledges receipt and acceptance of Exhibit A.

5.2 Proposal Validity / Firm Offer Period

A proposal may not be withdrawn or cancelled by the Proposer for a period of ninety (90) calendar days following the proposal due date, and Proposer so agrees upon submittal. During this period, the City may accept a proposal and negotiate terms consistent with this RFP. Any attempted withdrawal after the deadline and within the irrevocability period may result in forfeiture of any proposal security (if applicable) and may affect the Proposer’s responsibility determination in future City solicitations.

5.3 Withdrawal of Proposal

Proposal may not be withdrawn or cancelled by the Proposer after the submission deadline. By submitting a proposal, the Proposer acknowledges and agrees that its proposal shall remain valid and enforceable for the full Pricing Period identified in Section 5.2.

5.4 Proposal Price Revisions (If Applicable)

Unless otherwise stated in this RFP or the resulting contract, prices shall remain firm for the initial contract term. If a price revision mechanism is permitted, revisions may occur only when supported by verifiable market documentation (e.g., published indices or manufacturer notices) and must:

• Be submitted in writing to the City before the revised prices go into effect; and

• Include detailed documentation supporting the revision.

Such revisions must also be supported by continuing written notices for each thirty (30) day period that the revised prices remain in effect.

Discounts, delivery, and services accepted as part of the proposal are not subject to revision.

5.5 Availability of Funds / Non-Appropriation

This procurement is subject to the availability of funding. The City’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the City for any payment shall arise until funds are made available to the Contracting Officer for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract. In the event sufficient appropriation, grants, and monies are not made available to City to pay these services for any fiscal year, this Agreement shall terminate without further obligation of City. In such event, the City Manager of City shall certify to contractor that sufficient funds have not been made available to City to meet the obligations of this Agreement; such certification shall be conclusive upon parties.

5.6 Termination by the City

The City may terminate the contract, in whole or in part, for convenience or cause by providing thirty (30) days’ written notice to the Contractor. If terminated for cause due to the Contractor’s default, the City may pursue all remedies available under law or equity, including procurement of substitute services at the Contractor’s expense.

5.7 Indemnification

PROPOSER covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers and representatives of the CITY, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the CITY directly or indirectly arising out of, resulting from or related to PROPOSER’S activities under this contract, including any acts or omissions of PROPOSER, any agent, officer, director, representative, employee, consultant or subcontractor of PROPOSER, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of CITY, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT PROPOSER AND CITY

ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL

BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF

TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO

THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES

UNDER TEXAS LAW.

The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. PROPOSER shall advise the CITY in writing within 24 hours of any claim or demand against the CITY or PROPOSER known to PROPOSER related to or arising out of PROPOSER's activities under this contract, and shall see to the investigation and defense of such claim or demand at PROPOSER's cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving PROPOSER of any of its obligations under this paragraph.

5.8 Insurance Requirements

The Proposer shall, at its own expense, maintain insurance coverage meeting or exceeding the following requirements for the duration of the contract:

• Workers’ Compensation: Statutory, with Employer’s Liability limits of not less than $500,000 each accident/disease. If Contractor is not legally required to carry Workers’ Compensation, Contractor shall provide alternative coverage acceptable to the City.

• Commercial General Liability (CGL): $1,000,000 per occurrence / $2,000,000 aggregate, including premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability coverage.

• Automobile Liability: $1,000,000 combined single limit, covering all owned, hired, and non-owned vehicles.

• Cyber Liability Insurance (if applicable): Cyber liability insurance may be required if the Contractor’s operations involve the collection, transmission, or processing of sensitive or personally identifiable information, including electronic payment data. If required, the Contractor must be able to provide cyber liability coverage with limits acceptable to the City upon request.

Required Endorsements:

• The City of Brownsville shall be named as Additional Insured on the CGL and Auto policies.

• Policies shall include a Waiver of Subrogation in favor of the City.

• Coverage shall be primary and non-contributory to any insurance carried by the City.

Certificates of Insurance:

Contractor shall provide valid certificates of insurance prior to contract execution and upon renewal. Each certificate must state that coverage shall not be canceled, materially changed, or non-renewed without thirty

(30) days’ prior written notice to the City.

5.9 Protest Procedures

The City of Brownsville maintains a formal protest procedure in accordance with its Procurement Policy.

Prior to Bid/Proposal Due Date:

• If a prospective Proposer/proposer becomes aware of a deficiency in the solicitation or solicitation process before the due date, the Proposer/proposer must notify the City Attorney’s Office in writing no later than five (5) calendar days before the due date. This allows the City to address the situation prior to the closing date.

After Bid/Proposal Due Date:

• A Proposer/proposer may protest the solicitation process or recommended award by:

1. Filing a written notice of intent to protest within five (5) calendar days of the date the Proposer/proposer knew or should have known of the facts giving rise to the protest. Failure to file this notice waives the right to protest.

2. Filing a formal written protest within seven (7) calendar days after the notice of intent is filed.

The protest must include:

• Name, address, telephone, and email of the protestor;

• The solicitation number;

• A detailed statement of the factual grounds for the protest with supporting documents;

• Signature of the protestor or authorized representative;

• The form of relief requested; and

• A concise and logical presentation of facts.

Review and Hearing:

• Upon receipt of a timely protest, the City Attorney will determine whether the grounds are sufficient.

• If sufficient, the Procurement Office will schedule an informal hearing (not subject to the Open Meetings Act) usually within five (5) working days.

• A written decision will typically be issued within fifteen (15) calendar days after the hearing.

Exceptions; Restrictions:

• The City will generally not make an award until a protest is resolved.

• However, the City Manager may authorize award without delay if:

o The City urgently requires the goods or services, or o Failure to award promptly will unduly delay delivery or performance.

Federal Agency Review:

• Protestors must exhaust all administrative remedies with the City before appealing to a federal agency.

• Federal review is limited to:

o Violations of federal law/regulations, or o Violations of the City’s Protest Procedures for failure to review a complaint.

• Any protest sent to a federal agency outside these grounds will be referred back to the City.

5.10 Restrictions on Lobbying & Political Contributions

A vendor/contractor or their agent is prohibited from lobbying activities with City officials, including elected officials, and employees regarding a proposed contract from the time a solicitation (RFP, RFQ, IFB, or other procurement) has been released until the contract is posted as a City Commission agenda item. If contact is required, such contact shall be made only in accordance with the procedures set forth in Section 1.6 (Authorized Contact) of this IFB. Violation of this provision by respondents or their agents, including lobbyists, may result in disqualification of the respondent’s offer. A parallel no-contact provision applies to lobbyists and their agents.

Further, the following restrictions apply to all vendors, contractors, and their agents/representatives:

1. No Personal Obligation A lobbyist or a vendor/contractor, or any of their agents, may not do any act or refrain from any act for the purpose of placing any City official under personal obligation to them.

2. False Statements No lobbyist, vendor/contractor, or their agents/representatives may knowingly make any false or misleading statement of fact to a City official, or provide a document with false information without notifying the official in writing of the truth. If a registrant learns that a statement made in a registration form or activity report within the previous three (3) years was false, they must correct that statement within thirty (30) days by written notification to the City Secretary.

3. Use of False Identification No lobbyist, vendor/contractor, or their agents/representatives may communicate with a City official using the name of any fictitious person or the name of a real person without that person’s consent.

4. Improper Influence No lobbyist, vendor/contractor, or their agents/representatives may cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomination, or amendment for the purpose of later being employed to secure its granting, denial, confirmation, rejection, passage, or defeat.

Additionally, in accordance with City Code Sec. 40-7, contractors are prohibited from making political contributions to City officials or candidates during the contract award period. It shall be unlawful for any contractor to contribute or offer any contribution to a candidate, or for any candidate to solicit or accept any contribution from a contractor during a contract award period.

• City Code Sec. 40-7: In the event that a candidate unknowingly accepts a contribution in contravention of this provision, it shall be the duty of the candidate to return the contribution within ten days after he/she becomes aware of the violation.

Each request for proposal or other document, notice, or advertisement for a contract shall contain a notice regarding this section in a form approved by the city attorney. Each contractor shall be required to submit with any proposal or other submission for the award of any contract a complete list of the persons included in the term "contractor" as defined in this chapter in a form prescribed by the city attorney. It shall be the duty of each city department director to immediately forward each contractor list received to the city secretary, who shall compile and maintain a log of persons who are required to be reported. In addition, the city secretary shall compile, maintain, and post online, by the 14th day after a city commission meeting, a list of contracts awarded at such commission meeting by city commission, including on such list, the date of the initial posting of the request for commission action relative to each specific contract, the name of the contractor, a short description of the contract and the date occurring 180 days after the award of the contract or the determination by city commission or the mayor that the contract would not be awarded to a contractor.

As used in this section, the term contractor shall not include a subcontractor.

5.11 Conflict of Interest Disclosures

In compliance with Chapter 176 of the Texas Local Government Code, any vendor or person seeking to contract with the City of Brownsville must file a completed Conflict of Interest Questionnaire (Form CIQ) with the Office of the City Secretary.

The questionnaire must be filed no later than seven (7) days after the earlier of the following:

1. The vendor begins contract discussions or negotiations with the City; or

2. The vendor submits an application, bid, proposal, correspondence, or other writing related to a potential agreement with the City.

The questionnaire requires disclosure of certain business or employment relationships with City Commissioners, the Mayor, and the City Manager. The Texas Ethics Commission (TEC) is responsible for drafting the questionnaire, and the most current form is available on the TEC website, with a link posted on the City’s ethics webpage.

Failure to comply with Chapter 176 is a violation of Texas law and may result in a Class C misdemeanor.

Vendors are encouraged to consult their own legal counsel regarding compliance with this statute.

5.12 State and Federal Certifications (As Applicable)

The Contractor certifies the following:

• Texas Family Code Compliance: As per Section 14.52 of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S.