26-015p Solicitation.pdf

EL PASO COUNTY, TEXAS

County Purchasing Department

800 E. Overland, Suite 300 El Paso, Texas 79901

Phone (915) 273-3349

Notice to Interested Parties

The El Paso County, Texas will receive Sealed Proposals (Request for Proposals) for RFP 26- 015 Los Portales Museum and Visitor Center Operations and Management for the El Paso County, Texas, until 2:00 p.m., on Thursday, June 4, 2026, at which time and place all submissions will be publicly opened and name of supplier read aloud. Submission may be virtual or hardcopy.

Submission may be virtual OR hardcopy.

Electronic responses must be submitted through epcountypurchasing.ionwave.net.

Hardcopies must be submitted to the Purchasing Department Office, 800 E. Overland Ave., Rm.

300, El Paso, Texas 79901.

For hardcopy submissions - THE RFP MUST BE IN A SEALED ENVELOPE AND MARKED AS

FOLLOWS:

“RFP to be opened Thursday, June 4, 2026

Los Portales Museum and Visitor Center Operations and Management for the El Paso County, Texas

RFP 26-015”

A walk-through will be held on Tuesday, May 19, 2026 at 2:00 p.m., beginning at the 1st location: 1521 San Elizario Rd, San Elizario, TX 79849, followed by the 2nd location: 1551 Main St, San Elizario, TX 79849. A pre-proposal conference will follow immediately after.

Parking will be available at the San Elizario Presidio Chapel, 1556 San Elizario Rd, San Elizario, TX 79849.

Solicitation documents are attached herein. Do not contact the requesting department.

Any questions by interested vendors must be entered on the Question tab of the e-bidding system or emailed to: bidquestions@epcounty.com before Thursday, May 21, 2026 at 12:00 p.m. If emailed, “Subject Line” should be the RFP Number and Title. Attempts to circumvent this requirement may result in rejection of the proposal as non-compliant.

Any changes to the specifications or other documents will be marked as an addendum to the solicitation. It shall be the respondent’s responsibility to check the e-bid system prior to the Opening Date to verify whether any addendums have been issued.

All bid openings will occur via live video feed at the County YouTube Channel:

https://www.youtube.com/channel/UCXwcq_JYs28xwL14oGAVPZg/videos.

http://epcountypurchasing.ionwave.net/ mailto:bidquestions@epcounty.com https://www.youtube.com/channel/UCXwcq_JYs28xwL14oGAVPZg/videos

During the live broadcast, citizens may call in at telephone (915) 273-3349. Allow for a 10-second delay during the live broadcast.

Award shall be based on the review of scope of services, qualifications, and price.

COMMISSIONER’S COURT RESERVES THE RIGHT TO REJECT ANY AND ALL

PROPOSALS AND WAIVE TECHNICALITIES. Successful vendor must comply with all performance bond, payment bond, and insurance certificate requirements. Upon award, items or services shall not be ordered until a Purchase Order is received from the County Purchasing Office. Payment will not be made on items or services delivered without a Purchase Order.

Payment shall be made through County current funds after completion of goods or services.

Purchase Orders will be issued as required. Contract will be awarded by lump sum or line item, whichever is in the best interest of the County.

The El Paso County, Texas reserves the right to reject any or all RFP submissions or to waive any technicalities in the solicitation. Proposals may be held by the El Paso County, Texas for a period not to exceed ninety (90) days, or such longer time as may be required by the funding agencies, from the date of the RFP opening for the purpose of reviewing the proposals and investigating the qualifications of Vendors, prior to awarding of the Contract.

KAREN L. DAVIDSON

Purchasing Agent

Los Portales Museum and Visitor Center Operations and Management for the El Paso County, Texas

RFP 26-015

Opening Date Thursday, June 4, 2026

Contents

Specifications/ Scope of Work

General Requirements

References

Safety Record Questionnaire

Civil Litigation Certification

Self-Disclosure of Environmental Safety Violations

El Paso County, Texas Code of Ethics Training Affidavit

Certifications

Conflicts of Interest

Health Insurance Benefits Questionnaire

Certificate of Interested Parties

El Paso County Signature Page

RFP Check List

Specifications/ Scope of Work 5

Specifications/ Scope of Work

El Paso County seeks a qualified Contractor to operate, maintain, and program the Los Portales

Museum and the Old El Paso County Jail Museum in a manner that conveys the historical significance of San Elizario, instills local pride, and supports the preservation of historic buildings and cultural sites. The Contractor shall advance public understanding of local history while aligning operations with nationally recognized museum standards and state historic preservation best practices.

The services shall be provided under a one-year contract term, with the option to extend the contract annually for up to five years upon approval. Services are anticipated to commence in

October 2026. The County will provide written preliminary notice of its intent to extend the contract each year. Any such extensions are subject to the availability of funds and approval by

Commissioners Court.

All work shall reflect:

American Alliance of Museums (AAM) standards for public trust, collections stewardship, interpretation, education, accessibility, community engagement, and ethical museum operations;

and

Texas Historical Commission (THC) principles for historic preservation, including stewardship of historic resources, protection of character-defining features, and interpretation consistent with the

Secretary of the Interior’s Standards.

To promote continuity of operations and preserve institutional knowledge, the County prefers vendors who are willing to retain qualified existing staff. Proposers should describe their plans for staff retention and transition, if applicable.

I. Museum Operations and Collections Stewardship

a. Exhibits and Furnishings - The Contractor shall maintain historical exhibits at both facilities and ensure that period furnishings and exhibit collections are appropriate, documented, and professionally cared for. Collections management practices shall align with AAM standards, including:

• Proper handling, storage, and documentation of artifacts;

• Use of historically accurate interpretive materials;

• Ethical use of reproductions where original artifacts are unavailable or unsuitable for display; and

• Evaluation and Strategic Planning.

The Contractor shall engage in annual evaluation and strategic planning with community partners and form a Museum Advisory Group. Planning activities shall establish short-term and long-term goals for sustainable growth, expanded programming, and improved visitor engagement. Evaluation methods shall incorporate community feedback and be designed to maximize public participation and transparency, consistent with AAM best practices.

Specifications/ Scope of Work 6

II. Exhibits, Interpretation, and Visitor Experience

a. Exhibit Development - The Contractor shall develop new and engaging exhibits that appeal to diverse audiences. Exhibits shall focus on the San Elizario community and highlight the history of each historic site while connecting local narratives to broader regional themes, including the Mission Trail and borderlands history.

b. Interactive and Immersive Programming - Exhibits and educational programming shall be interactive or immersive in nature, consistent with AAM guidance on visitor-centered interpretation. Programming shall be accessible and inclusive, designed to create meaningful and memorable experiences for visitors of all ages and backgrounds.

c. Historic District Interpretation- The Contractor shall provide interpretive information and guided tours of the San Elizario Historic District, as designated by the National Park Service. Interpretation shall follow THC best practices by accurately conveying historical context, respecting the integrity of historic resources, and avoiding physical impacts to contributing structures.

III. Hours of Operation and Staffing

a. Operations Schedule - The Contractor shall operate the Los Portales Museum and

Old El Paso County Jail Museum Tuesday through Sunday, including during large-scale special events. Operations shall utilize qualified staff and trained community volunteers.

General hours of operation for weekdays and weekends shall be established with approval from the El Paso County Economic Development Department. The current hours of operation at each historic site are Sunday through Tuesday 11:00 a.m. to 5:00 p.m. and Thursday through Saturday 11:00 a.m. to 5:00 p.m., the museum is closed on Wednesday.

Any requested changes to operating days or hours must be submitted in writing and approved at the sole discretion of the department director. Approved changes must be formalized through a contract amendment signed by the Chief

Administrator for the County.

IV. Public Programming and Community Engagement

a. Monthly Programming – The Contractor shall host and promote monthly programs designed to foster appreciation of San Elizario’s history and heritage.

Programming shall reflect AAM best practices for education and community engagement and may include, but is not limited to:

• Historical lectures presented by professional historians and museum professionals;

• Oral history workshops held approximately every six months;

Specifications/ Scope of Work 7

• Revenue-generating heritage-based workshops, such as adobe construction or local art;

• Special museum hours or themed events designed to attract new audiences (e.g., after-hours programs, ghost tours); and culturally relevant community events such as Día de Los Muertos, the Christmas

Luminaria Festival, and other outreach initiatives.

V. Oral History Program- The Contractor shall continue and expand the oral history program established in 2021. Activities shall include planning, recording, archiving, and preserving oral histories contributed by community members. These materials shall support historical and genealogical research enhancing public history programming while following THC guidance on documentation and preservation of intangible cultural heritage.

VI. Historic Preservation and Heritage Tourism

a. Preservation Education - The Contractor shall promote historic preservation through interpretation and educational programming focused on San Elizario’s adobe architecture and cultural landscapes. Activities shall align with THC preservation principles, emphasizing respect for original materials, traditional construction techniques, and long-term stewardship.

b. Partnerships and Heritage Tourism - The Contractor shall collaborate with municipalities, nonprofit organizations, historical commissions, and cultural partners to promote historic and cultural sites in San Elizario and surrounding areas. These efforts shall support the development and sustainability of heritage tourism.

c. Educational Partnerships – The Contractor shall partner with higher education institutions and public and private school districts to offer guided tours, field trips, and student-centered activities. Programs shall be marketed throughout El Paso

County and the region and shall align with AAM best practices for museum-based learning.

d. Volunteer and Internship Opportunities - The Contractor shall offer structured volunteer, community service, and internship opportunities for residents of San

Elizario and the greater El Paso County area. Volunteer engagement shall follow

AAM guidance for training, supervision, and meaningful participation.

VII. Marketing and Promotion

a. Advertising and Promotion - The Contractor shall utilize the advertising budget to promote the Los Portales Museum and Old El Paso County Jail Museum. All advertising activities must occur outside the boundaries of El Paso County and

Specifications/ Scope of Work 8 comply with Texas Tax Code, Section 352.1015(e), to directly enhance tourism and the hotel and convention industry.

b. All marketing, promotional, educational, and interpretive materials related to the

Los Portales Museum and the Old El Paso County Jail shall clearly acknowledge

El Paso County’s ownership, stewardship, and support of these historic facilities.

This acknowledgment shall be included, as appropriate, in print materials, digital content, social media, press releases, signage, exhibits, advertisements, and public communications.

c. At a minimum, materials should include a statement such as: “Los Portales

Museum and the Old El Paso County Jail are owned and supported by El Paso

County.” When space and format allow, the official El Paso County logo shall be displayed in accordance with County branding guidelines.

d. All public-facing promotions, partnerships, and media engagements shall ensure that El Paso County’s role is prominently and accurately represented, reinforcing public awareness of the County’s commitment to historic preservation, heritage education, and cultural tourism in San Elizario.

VIII. Budget Administration

a. Budget Amendments- A written budget amendment, with supporting justification, is required for any reallocation exceeding five percent (5%) to or from a line item in the approved budget. Requests must be submitted to the El Paso County

Economic Development Department for review and approval by the department head. Amendments exceeding five percent (5%) require approval by the El Paso

County Commissioners Court through a formal contract amendment.

IX. Performance Metrics and Reporting Requirements

a. Performance Metrics - The Contractor shall implement performance measurement practices consistent with American Alliance of Museums best practices for accountability, transparency, and continuous improvement, and Texas Historical

Commission guidance for public stewardship of historic resources. At a minimum, the Contractor shall track and report on the following metrics:

• Visitor Engagement and Attendance

• Total museum attendance by site (Los Portales Museum and Old El Paso County Jail), reported monthly and annually

• Attendance at special events, educational programs, and guided tours

• Number of school group visits and student participants

Specifications/ Scope of Work 9

• Exhibits and Programming – All metrics shall be with both quantitative data and qualitative tasking into consideration continued improvement on:

a. Exhibit Development.

a. Number of permanent, temporary, and traveling exhibits developed or enhanced

b. Number of new or refreshed exhibits developed annually, by site.

c. Number of exhibits that connect local history to regional themes (Mission Trail, borderlands history).

d. Accessibility compliance, including ADA-accessible design elements and bilingual (English/Spanish) interpretation.

e. Number of interactive or immersive programs delivered annually (hands-on exhibits, guided experiences, participatory activities).

• Number and type of interactive or immersive experiences offered

• Program attendance and participation rates

• Qualitative feedback from visitors, educators, and community partners

• Community Engagement and Partnerships – All metrics shall be with both quantitative data and qualitative tasking into consideration continued improvement on:

o Number of public programs delivered, with a minimum of one (1) program per month.

o New audience engagement, measured through first-time visitor participation and attendance during special hours or themed events.

o Community representation, including participation by local historians, artists, cultural practitioners, and community members.

• Number and type of partnerships with municipalities, nonprofit organizations, educational institutions, and cultural organizations

• Number of collaborative programs or co-sponsored events

• Volunteer participation, including number of volunteers, total volunteer hours, and training activities

• Oral History Services

• Number of oral histories recorded, archived, and digitized

• Volume of historical materials digitized and made publicly accessible

Specifications/ Scope of Work 10

• Historic Preservation and Stewardship

• Preservation-related activities conducted, including interpretive programming focused on adobe architecture and historic sites

• Documentation of compliance with THC preservation guidance and the Secretary of the Interior’s Standards, where applicable

• Identification of preservation needs, risks, or recommended treatments for historic structures and collections

X. Reporting Requirements

a. Regular Reporting- The Contractor shall submit written performance reports to the

El Paso County Economic Development Department on a quarterly basis, unless otherwise directed. Reports shall be submitted in a County-approved format and shall include both quantitative data and qualitative analysis.

b. Annual Report - An annual report shall be submitted within thirty (30) days of the end of the contract year and shall include:

• A summary of annual performance metrics

• Progress toward strategic goals established through the annual evaluation and planning process;

• Assessment of program effectiveness and community impact;

• Summary of preservation and collections stewardship activities;

• Recommendations for future improvements or program expansion.

• Financial and Compliance Reporting

• Itemized expenditure reports demonstrating compliance with the approved budget;

• Documentation supporting advertising expenditures and compliance with HOT fund requirements;

• Budget variance explanations and any approved amendments.

• Evaluation and Continuous Improvement

• Reports shall include an evaluation component identifying successes, challenges, and corrective actions. This evaluation shall inform future planning and align with AAM best practices for institutional self-assessment and sustainability.

Specifications/ Scope of Work 11

Evaluation Rubric

Evaluation Category

Description of Evaluation Criteria Max

Points

1. Historic Preservation & Stewardship

Demonstrated experience with preservation-related activities, interpretive programming focused on historic structures (including adobe architecture), compliance with THC guidance and the Secretary of the Interior’s Standards, and ability to identify preservation needs and risks.

2. Visitor Engagement & Attendance Tracking

Quality and feasibility of proposed methods to track and report total attendance by site, attendance at special events, educational programs, guided tours, and school group visits. Evaluates accuracy, disaggregation by site, and ability to analyze trends over time.

3. Exhibits & Programming – Development and Quality

Demonstrated capacity to develop, refresh, or enhance permanent, temporary, and traveling exhibits. Includes alignment with local and regional history themes (Mission Trail, borderlands history), use of quantitative and qualitative evaluation, and plans for continued improvement.

4. Performance Measurement Framework & Reporting

Proposer demonstrates a clear, structured approach to performance measurement consistent with American Alliance of Museums best practices and Texas Historical Commission guidance. Includes data collection methods, reporting frequency (monthly/annual), transparency, use of data for continuous improvement, and sample reporting formats or dashboards.

5. Accessibility & Inclusive Interpretation

Extent to which proposed exhibits and programs incorporate ADA-accessible design, bilingual (English/Spanish) interpretation, and inclusive visitor experiences. Evaluators assess compliance, creativity, and commitment to accessibility best practices.

6. Community Engagement & Public Programming

Ability to deliver a minimum of one (1) public program per month;

strategies for engaging first-time visitors; and meaningful inclusion of local historians, artists, cultural practitioners, and community members.

Number, type, and quality of interactive or immersive programs proposed (hands-on exhibits, guided experiences, participatory activities).

Evaluators consider both scope and depth of engagement.

7. Partnerships & Volunteer Engagement

Strength and relevance of partnerships with municipalities, nonprofits, educational institutions, and cultural organizations. Includes collaborative programming, co-sponsored events, volunteer recruitment, training, and tracking of volunteer hours.

8. Oral History & Digital Access Services

Capacity to record, archive, digitize, and make oral histories and historical materials publicly accessible. Evaluates methodology, archival standards, digital access, and long-term stewardship of materials.

9. References

Firm shall provide the following reference information. The names, business address, and telephone numbers and email addresses of three

(3) individuals and/or organizations who can attest to the firm’s capability to carry out the requirements in this proposal.

10. Health Insurance to Employee

The County is authorized to allow consideration for those firms providing evidence of reasonable health insurance for their employees.

Specifications/ Scope of Work 12

Recommended Scoring Results

Score Range Interpretation

Excellent (90– 100%)

Exceeds requirements; demonstrates innovation, strong alignment with best practices, and clear evidence of successful implementation.

Good (75–89%) Fully meets requirements with minor gaps; approach is realistic and well-supported.

Adequate (60– 74%)

Meets minimum requirements but lacks detail, depth, or demonstrated experience.

Poor (<60%) Does not meet requirements; approach is unclear, incomplete, or not feasible.

General Requirements 13

General Requirements El Paso County, Texas

IT IS THE SUBMITTING VENDOR’S RESPONSIBILITY TO READ THIS ENTIRE DOCUMENT

CAREFULLY, UNDERSTAND THE INSTRUCTIONS, AND FULFILL ALL REQUIREMENTS

INDICATED HEREIN.

These General Requirements are considered standard language for all El Paso County, Texas Request for Proposal solicitations. If any “specific RFP requirements” differ from the General Requirements listed here, the “specific RFP requirements” shall prevail.

PROPOSAL PACKET

Proposals may be submitted virtually or as a hard copy. The proposal packet must contain all requested and supporting documentation and must demonstrate the vendor’s ability to meet the specifications and qualifications detailed in the RFP. By submitting a Proposal, the vendor understands they are submitting at their own risk and expense, the County is not liable for any costs incurred in preparing the response to this RFP.

Hard Copy Submittals: The Proposal packet must be enclosed in a sealed envelope clearly labeled with the solicitation number, project name, and name of submitting vendor. The packet must be in the Purchasing Department office BEFORE the opening hour and date specified.

Late submittals will not be considered under any circumstances. Packets sent via express mail or overnight delivery must have the solicitation number and project name clearly marked on the outside of the envelope or package. Failure to clearly identify your packet may be cause for disqualification. Proposal packets received prior to the advertised hour of opening will be kept securely sealed. The officer whose duty it is to open them will decide when the specified time has arrived.

Virtual Submittals: The Proposal packet must be submitted by the Closing Date and Time specified. It is the firm’s responsibility to ensure all documents are successfully uploaded and entered information is accurate and complete before submitting. A MISSED SUBMISSION WILL NOT BE ACCEPTED UNDER ANY CIRCUMSTANCES. Proposals received prior to the indicated Closing Date and Time will be kept virtually sealed until the officer whose duty it is to open the RFP, unseals virtually.

Faxed or e-mailed packets will be rejected.

AUTHORIZED SIGNATURE

Any individual signing on behalf of the vendor expressly affirms that he or she is duly authorized to tender this proposal and to sign the resulting contract. The submitting vendor further understands that the signing of the contract shall be of no effect unless subsequently awarded and the contract properly executed by Commissioners’ Court.

The signature acknowledges that the submitting vendor has read the RFP documents thoroughly before submitting a response and will fulfill the obligations in accordance with the El Paso County, Texas. Failure to complete and sign the required document(s) may disqualify the Proposal from being considered.

General Requirements 14

VIRTUAL SUBMITTALS

Google Chrome, Microsoft Edge, or a current internet browser that supports JavaScript is the recommended internet browser for use of the e-bidding system.

The El Paso County, Texas uses Ion Wave Technologies as their third party bid management provider. Vendors that choose to submit virtually may submit through the electronic bidding (e-bidding) platform: http://elpasotexaspurchasing.ionwave.net. The County’s e-bidding system will be accessible to registered users provided a unique username and password.

Submission of electronic documents with digital signatures and seals, including (without limitation) photocopied or .pdf forms or submittals, are binding and enforceable. The submitting vendor shall provide original documents upon request.

The El Paso County, Texas is not responsible for non-delivery of an electronic response, including but not limited to equipment or software failure, internet failure, user error, or missed notification from e-bidding system. Vendors shall be solely responsible for informing themselves of the proper use of the electronic bidding platform and keep their information true and current to ensure all notices are received.

A proposal packet may also be completed online, printed, and turned in as a hardcopy. In which case, the vendor must include the Signature Page provided in this solicitation. Any proposal that is submitted as a hard copy and received by the Purchasing Department prior to the indicated date and time, will be entered manually as an electronic entry after the opening. Once the manual response entry is complete, the vendor will receive a “Registration Invitation” email from Ion Wave. Only the link sent through this email will connect the vendor information to their submitted response.

ADDENDA

No oral interpretation of the solicitation will be made to any vendor, or as to the meaning of any part thereof. The County is not bound by any oral representations, clarifications, or changes made in the specifications by the County’s employees, unless such clarification or change is publicly posted. Every request for such an interpretation shall be made in writing to the El Paso County, Texas Purchasing Department. Any inquiry received prior to the deadline for questions will be given consideration, complied, and answers published as an addendum.

If it becomes necessary to revise or address any part of this RFP, a written notice of such revision will be posted as an addendum. The addendum will address the nature of the clarification or change before the solicitation is set to open. It shall be the vendor's responsibility to verify if any Addenda have been issued. All such Addenda shall become part of the contract and all submitting vendors shall be bound by such Addenda, whether or not received by the vendor.

COMMUNICATIONS

To prevent biased evaluations and to preserve the competitiveness and integrity of such procurement efforts, vendors are to direct all communications regarding this RFP to the El Paso County Purchasing Agent or assigned designee.

http://elpasotexaspurchasing.ionwave.net/

General Requirements 15

CONTRACTOR INVESTIGATION

Before submitting a proposal, each vendor shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the County upon which the vendor will rely.

If the vendor receives an award as a result of its submission, failure to have made such investigations and examinations will in no way relieve the vendor from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever for additional compensation. Site visits are restricted to the date designated in the RFP details.

ESTIMATED QUANTITES AND ACCURACY OF DATA

Any reference to quantities shown in the solicitation are an estimate only. Since the exact quantities cannot be predetermined, the County reserves the right to adjust quantities as deemed necessary to meet its requirements. Information and data provided through this solicitation are believed to be reasonably accurate.

PRICING

Pricing will be either lump sum or per unit as indicated in the specifications. A breakdown of the lump sum quote shall also be provided. Unit prices must be all-encompassing (i.e. labor, materials, removal, overhead, etc.). If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Pricing on all transportation, freight or other charge is to be paid by the vendor and included in the pricing, unless otherwise agreed to by both parties.

Submissions with incomplete prices or supporting information may be disregarded and given no consideration. Proposals involving equipment shall offer new (unused) equipment or merchandise unless otherwise specified. Prices for all goods and/or services shall be considered firm and cannot be altered after the submission deadline. Pricing subject to unlimited increases will not be accepted. All pricings should not include tax either directly or indirectly, the County will sign tax exemption certificates covering these items.

The net monetary values of change orders, if any, shall not increase the original contract price by more than twenty-five (25%), unless required to comply with a new law, rule, regulation, or judicial decision. The original contract price must not be decreased by twenty-five (25%) or more without the consent of the vendor. There is an exception to these for items not covered in the specifications as provided.

If only one (1) response is received, a detailed cost breakdown may be requested. A cost/price analysis and evaluation and/or audit may be performed in order to determine if the pricing is fair and reasonable.

ALTERNATE OFFER

No alternative proposals will be considered unless specifically requested in the technical specifications.

General Requirements 16

DELIVERY AND SHIPPING

All delivery and freight charges shall be F.O.B. destination, if otherwise, show exact cost to deliver (merchandise only). The awarded vendor shall not deliver products or provide services as part of this contract without a El Paso County, Texas purchase order signed by the Purchasing Agent. Delivered products or services shall not exceed the amounts specified on the purchase order.

MODIFICATION

A proposal packet may be modified up until the time of opening. Proposals may not be amended or altered after the official opening with the single exception that any product literature and/or supporting data required by the actual specifications, if any, will be accepted at any time prior to the Commissioners’ Court consideration of same. No substitutions or cancellations for merchandise will be permitted without written approval of the County Purchasing Agent.

Hard Copy Submittals: The modification must be requested in writing prior to the submission deadline. Modifications, erasures, or other changes must be sealed, and explained or noted with initial or signature of the authorized individual signing the proposal packet. All figures must be written in ink or typed; figures written in pencil are not acceptable.

Virtual Submittals: Proposals may be retracted, corrected, and re-submitted as needed prior to the indicated Closing Date and Time. Any proposal that is retracted for corrections must be re-submitted to be considered. A missed submission will not be considered under any circumstances.

WITHDRAWAL

Vendors may withdraw their proposal packet prior to the scheduled opening time but may not be withdrawn for a period of sixty (60) calendar days after opening.

Hard Copy Submittals: The request for withdrawal must be submitted to the Purchasing Agent in writing.

Virtual Submittals: Vendors may retract their response prior to the scheduled closing time and date. Selecting “No Bid” and including a reasoning is highly encouraged.

AWARD

Pursuant to the Texas Local Government Code, the award shall be made to the responsible offeror whose proposal is determined to be the best evaluated offer demonstrating the best ability to fulfill the requirements set forth in this Request for Proposal taking into consideration the relative importance of price.

The prices proposed will be considered firm and cannot be altered after the submission deadline. The proposed cost to the County will be considered firm, unless the County invokes its right to negotiate and request a best and final offer that cannot be altered after the submission deadline. The County reserves the right to accept or reject all or any part of the proposal, waive minor technicalities, or to award by item or by lump sum. The awarded vendor(s) will be notified at the earliest possible date.

General Requirements 17

A vendor whose proposal does not meet the mandatory requirements set forth in this solicitation will be considered noncompliant. The criteria utilized for determining responsibility includes, but is not limited to, the proposer’s experience, skill, ability, business judgment, financial capacity, integrity, honesty, possession of the necessary facilities or equipment, previous performance, reputation, promptness, and any other factor deemed relevant by the County to determine whether a offeror is responsible The County reserves the right to adopt or use for its benefits, any concept, plan, or idea contained in any solicitation response.

Each vendor by submitting a response, agrees that if its proposal is accepted by the Commissioners’ Court, such vendor will furnish all items and services upon the terms and conditions in this solicitation and contract.

A vendor must give written notice that they intend to protest an award. The vendor has the right to appear before the commissioner’s court. under rules established by the court. Protest

Procedures are available for download on the Purchasing Department - Doing Business with the

County webpage http://epcounty.com/purchasing/business.htm.

BEST AND FINAL OFFERS

The County reserves the right to negotiate further with one or more vendors as to any features of their proposals and to accept modifications of the work and price when such action will be in the best interest of the County. This includes a Best and Final Offer from one or more of the proposers. If invoked, it allows acceptable proposers the opportunity to amend, change or supplement their original proposal. Proposers may be contacted in writing requesting that they submit their best and final offer. Any such best and final offer must include discussed and negotiated changes.

DELAYS

The County reserves the right to delay the scheduled commencement date of the contract if it is to the advantage of the County. There shall be no additional costs attributed to these delays should any occur. The submitting vendor agrees it will make no claim for damages, for damages for lost revenues, for damages caused by breach of contract with third parties, or any other claim by the vendor attributed to these delays, should any occur. In addition, the submitting vendor agrees that any contract it enters into with any third party in anticipation of the commencement of the contract will contain a statement that the third party will similarly make no claim.

RESULTANT CONTRACT

The resultant contract shall become effective upon the Commissioners’ Court approval and the County Judge’s signature. The contract documents shall consist of all the documents pertinent to the requested work including the contract, solicitation, technical requirements, addenda, submitted proposal, and any additional documents specified.

Within thirty (30) days after the prescribed forms are presented for signature, the awarded firm shall execute and deliver to the County an Agreement the material terms of this RFP document in such number of copies as the County may require.

http://epcounty.com/purchasing/business.htm

General Requirements 18

The Contract will require the completion of the work according to the contract documents.

The term of the resultant contract will begin as stated in the contract executed by the Commissioners’ Court and will terminate on the date specified in the contract unless terminated earlier as herein set forth.

SUBCONTRACTING/ASSIGNMENT

Vendors shall not assign, sell, or otherwise transfer its contract in whole or in part without prior written permission of Commissioners’ Court. Such consent, if granted, shall not relieve the awarded vendor of any of its responsibilities under this contract.

DEFAULT BY VENDOR

In case of default by the vendor, the County may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due, the difference between the price named in the contract or purchase order and the actual cost thereof to the County. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods or performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent and the Commissioners’ Court.

TAX EXEMPTION

Pursuant to Section 151.309 of the Texas Tax Code, El Paso County qualifies for exemption from sales, excise and use taxes imposed under the Limited Sales, Excise, and Use Tax Act, which is codified at Chapter 151 of the Texas Tax Code. In accordance with Section 151.309, a taxable item sold, leased, or rented to, or stored, used, or consumed by the County is exempt from the taxes imposed under Chapter 151.

INVOICES AND PAYMENTS

An invoice should be submitted after the notice to proceed date or a purchase order has been received and after the delivery and/or service has been completed. Invoices must indicate the purchase order number and/or contract number and should be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned for correction. Under term contracts, when multiple deliveries and/or services are required, the items may be invoiced in groups or individually. Invoice payment term is net thirty (30). Prior to any and all payments made for goods and/or services provided under the contract, the vendor’s W9 must be on file with the County Auditor’s office. Offeror must include a current, signed copy of their W9 in their bid response. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service.

NON-APPROPRIATIONS

Submitting vendor acknowledges that funding to pay for support and services referenced herein is subject to annual appropriations by the County’s governing body, and any termination, liability, indemnity, other provision in the Terms to the contrary does not apply to the County. In

General Requirements 19 the event such funds are not appropriated in any fiscal year for support and services, the County may terminate the agreement between the parties upon no less than thirty (30) days prior written notice without incurring any termination liability or penalty. Such termination will not affect the County’s obligation with respect to payment for satisfactory service or support received through the termination date

DISCLOSURES

At the time and place fixed for the solicitation opening, the County will open and publicly read aloud every proposal packet received, irrespective of any technicalities therein. Vendors and other persons properly interested may be present, in person or by representative. Interested parties may also view live openings through El Paso County, Texas ITD’s YouTube channel, https://www.youtube.com/channel/UCXwcq_JYs28xwL14oGAVPZg.

Responses for RFPs, only the names of those who submitted proposals will be made public information until an award is made by Commissioners’ Court and contract executed by the parties. No price, staffing or other proposal information will be released. Proposers are requested to withhold all inquiries regarding their proposal or other submissions until after an award is made. No communication is to be had with any County employee, other than the Purchasing Agent, regarding whether a proposal was received. Violations of this provision may result in the rejection of a proposal. Public information requests must be made in writing and submitted by mail, in person, fax, or email to the Purchasing Department. Additional information may be found in the section titled “PUBLIC INFORMATION ACT”.

PUBLIC INFORMATION ACT

El Paso County, Texas is a governmental body for purposes of the Public Information Act, codified as Chapter 552 of the Texas Government Code and as such is required to release information in accordance with the Public Information Act. VENDOR MUST MARK ANY

INFORMATION THAT IT CONSIDERS TO BE CONFIDENTIAL, PROPRIETARY, AND/OR

TRADE SECRET IN ITS PROPOSAL PACKET. If items are not marked CONFIDENTIAL, El Paso County, Texas will not be liable for disclosing the information. County agrees to provide notice to the vendor in accordance with the Public Information Act in the event the County receives a request for information under the Public Information Act for information that the vendor has marked as confidential, proprietary, and/or trade secret.

EXEMPTIONS TO GENERAL REQUIREMENTS

Exceptions to the requirements of the solicitation may be submitted on a separate document labeled, “Exceptions to General Requirements”, and included in the proposal packet. If no exceptions are stated, it will be understood that all requirements will be complied with, without exception.

The exceptions document must specify alternatives or suggested language for consideration by the County. Alternatives should be sufficiently described, labeled, and should indicate its possible or actual advantage. The County reserves the right to offer these alternatives to other vendors.

https://www.youtube.com/channel/UCXwcq_JYs28xwL14oGAVPZg

General Requirements 20

RESTRICTIVE SPECIFICATIONS

It is the responsibility of the submitting vendor to review the entire specifications/scope of work, additional requirements, and to notify the Purchasing Department if the specifications are formulated in a manner that would restrict competition or appear ambiguous. Any such protest or question(s) regarding the specifications or procedures must be received in the Purchasing Department no less than seventy-two (72) hours prior to the time set for the solicitation opening.

The mention of any brand name or model in the specifications is not intended to be restrictive but is intended to describe the desired features, quality, or standards of existing comparable items. Submitting vendors to propose an approved equal shall submit evidence that the item is equivalent in capability or characteristics.

SUBSTITUTES

It is not the County’s intent to discriminate against any material of equal merit to those specified, however, should the proposer desire to use any substitutions prior written approval shall be obtained from the County Purchasing Agent sufficiently in advance in order that an addendum might be issued.

RECYCLED MATERIAL

Under Local Government Code Section 262.005 and Health & Safety Code Section 361.426, the County is required to give preference to products made of recycled materials if they meet specifications. The County is also required to encourage the use of recycled products in developing new procedures and specifications. They are also required to eliminate procedures and specifications that explicitly discriminate against products made of recycled materials.

REQUIREMENTS AND INTEGRITY

The submitting vendor must affirmatively demonstrate its responsibility, and follow the minimum requirements:

• Have been in business of providing services for a minimum of one (1) year;

• Have adequate financial resources or the ability to obtain such resources as required;

• Be able to comply with all federal, state, and local laws, rules, regulations, ordinances and orders regarding this RFP solicitation;

• Have satisfactory record of performance;

• Have a satisfactory record of integrity and ethics; and

• Be otherwise qualified and eligible to receive an award.

PROOF OF INSURANCE

Awarded vendor shall submit to the County, for approval, within ten (10) days from the date of award, all Certificates of Insurance evidencing the required coverage as described herein.

Submitting vendor agrees that, at its own cost and expense, it shall procure and maintain throughout the duration of the contract the following listed insurance in the designated amounts:

General Requirements 21

Insurance Requirements

Professional Liability: $1,000,000 for E&O/Professional Insurance

General Liability:

Each Occurrence $1,000,000 General Aggregate $1,000,000 Personal & Advertising Injury $1,000,000 each person Premises Medical Expense $5,000 Damage to Rented Premises $500,000 each occurrence Products/Completed Operations - Aggregate: (see Contract Amounts for required limits)

Automobile Liability: $1,000,000 each occurrence

Worker’s Compensation: $1,000,000/$1,000,000/$1,000,000 each accident/disease policy limit/each employee

Cyber Liability: $1,000,000 per claim and in the annual aggregate (Must include 1st and 3rd party coverage)

Excess Umbrella Liability: (see Contract Amounts for required limits)

The Description of Operations section should include the job description or project name and solicitation number for which the insurance is provided. The General Liability and Auto Liability policies so issued in the name of Bidder/Vendor shall also name the El Paso County, Texas as an additional insured. The General Liability, Auto Liability and Workers’ Compensation policies so issued in the name of Bidder/Vendor shall reflect the Waiver of Subrogation in favor of El Paso County, Texas. Umbrella (if applicable) is to follow form.

All policies of insurance shall be written by insurance underwriters authorized to do business in the State of Texas. Insurance is to be placed with insurers having a best rating of no less than A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf.

The County reserves the right to review the insurance requirements during the effective period of the contract and to require adjustment of insurance coverage and their limits when deemed necessary and prudent by the County based upon changes in statutory law, court decisions, or the claims history of the industry as well as the contractor. All Certificates shall provide the County with an unconditional thirty (30) days written notice in case of any major change or cancellation.

Contract Amounts for Products/ Completed Ops and Umbrella Coverage Insurance requirements according to total contract amount.

Total Contract Amount Products/Completed Ops Umbrella

Less than $100,000 : $1,000,000 n/a

$100,000 - $5,000,000 : $2,000,000 $2,000,000 per occurrence/aggregate

General Requirements 22

$5,000,001 - $15,000,000 : $2,000,000 $5,000,000 per occurrence/aggregate

Over $15,000,000 : $2,000,000 $10,000,000 per occurrence/aggregate

Umbrella Liability: Excess liability insurance to cover above the limits of automobile liability and other commercial general liability policies.

Cyber Liability: This liability covers intangible assets. If the vendor should use or have access to County data or any internal system, cyber liability may be needed.

INDEMNIFICATION

TO THE EXTENT PERMISSIBLE BY LAW, THE CONTRACTOR SHALL PROTECT,

DEFEND, INDEMNIFY AND SAVE HARMLESS THE OWNER, ITS OFFICERS, AGENTS,

AND EMPLOYEES FROM AND AGAINST SUITS, ACTIONS, CLAIMS, LOSSES, LIABILITY

OR DAMAGE OF ANY CHARACTER AND FROM AND AGAINST COSTS AND EXPENSES,

INCLUDING IN PART, ATTORNEY FEES, INCIDENTAL TO THE DEFENSE OF SUCH

SUITS, ACTIONS, CLAIMS LOSSES, DAMAGES OR LIABILITY ON ACCOUNT OF INJURY,

DISEASE, SICKNESS, INCLUDING DEATH, TO ANY PERSON, OR DAMAGE TO

PROPERTY, INCLUDING IN PART THE LOSS OF USE RESULTING THEREFROM, BASED

UPON OR ALLEGEDLY BASED UPON ANY ACT, OMISSION OR OCCURRENCE OF THE

CONTRACTOR OR HIS EMPLOYEES, AGENTS, SUBCONTRACTORS, OR SUPPLIERS,

OR ANYONE ELSE UNDER THE CONTRACTOR'S DIRECTION AND CONTROL,

(REGARDLESS IF CAUSED IN PART BY A PARTY INDEMNIFIED HEREUNDER), AND

ARISING OUT OF, OCCURRING IN CONNECTION WITH, RESULTING FROM, OR CAUSED

BY THE PERFORMANCE OR FAILURE OF PERFORMANCE OF ANY WORK OR

SERVICES CALLED FOR BY THE CONTRACT, OR FORM CONDITIONS CREATED BY THE

PERFORMANCE OR NO-PERFORMANCE OF SAID WORK OR SERVICES.

PERFORMANCE BOND AND PAYMENT BOND

The performance and payment bonds must be submitted on the forms provided by the county in this solicitation, excisions or special conditions shall not be made or included. Only required of awarded vendor(s).

Pursuant to Texas Government Code Sec. 2253.021, a governmental entity that makes a public work contract with a prime contractor shall require the contractor, before beginning the work, to execute to the governmental entity, a performance bond if the contract is in excess of $100,000.

As well as pursuant to Texas Local Government Code Section 262.032(b), any successful vendor who is awarded any contract in excess of $50,000 may be required to execute a performance bond to the County.

Pursuant to Texas Government Code Sec. 2253.021, a governmental entity that makes a public work contract with a prime contractor shall require the contractor, before beginning the work, to execute to the governmental entity a payment bond if the contract is in excess of $25,000.

Having satisfied all conditions of award, the successful vendor shall furnish the two (2) surety bonds within ten (10) days from the date of Award, each in a penal sum of 100% of the amount

General Requirements 23 of the Contract. These bonds shall be signed by a surety company…