RFP #26-26 AERIAL MOSQUITO SPRAYING Page 1 of 40

BRAZORIA COUNTY

PURCHASING DEPARTMENT

237 E. LOCUST STREET, SUITE 406

ANGLETON, TEXAS 77515

TEL: 979-864-1825 FAX: 979-864-1034

REQUEST FOR PROPOSAL COVER SHEET

The REQUEST FOR PROPOSAL (RFP) and accompanying documents are for your convenience in submitting an offer for the referenced products and/or services for BRAZORIA COUNTY.

“RFP #26-26 AERIAL MOSQUITO SPRAYING”

Sealed Hard Copy or Electronic offers shall be received no later than:

TUESDAY, JANUARY 20, 2026 at 11:00 A.M. LOCAL TIME

*PROPOSAL OPENING WILL BE AVAILABLE VIA ZOOM. MEETING LINK IS AVAILABLE ON THE PROJECT

DETAILS PAGE IN BONFIRE UNDER “IMPORTANT EVENTS”. BONFIRE LINK:

https://brazoriacounty.bonfirehub.com/portal/?tab=login

IF SUBMITTING AN ELECTRONIC SEALED OFFER:

PREFERRED METHOD IS USING THE “BONFIRE” ELECTRONIC BIDDING PLATFORM.

USE LINK, https://brazoriacounty.bonfirehub.com/portal/?tab=login, CLICK THE HELP BUTTON PROVIDED IN THE BONFIRE WEBSITE AS NEEDED.

IF SUBMITTING A HARD COPY SEALED OFFER:

THE PHYSICAL ADDRESS FOR COURIERS, HAND DELIVERIES AND THE US POSTAL SERVICE IS:

SUSAN SERRANO, CPPO, CPPB

PURCHASING DIRECTOR

BRAZORIA COUNTY COURTHOUSE CAMPUS ADMINISTRATION BUILDING

237 E. LOCUST STREET, SUITE 406

ANGLETON, TEXAS 77515

PLEASE USE THE RETURN LABEL PROVIDED WITH THIS SOLICITATION:

**Please note: US Postal Service mailing address

The U.S. mail may not deliver to the physical address shown above. Respondents who prefer to use the U.S. mail may submit their offers using the U.S. Postal Service mailing address shown above.

However, packages delivered by the U.S. Postal Service to the Brazoria County mailing address are subject to delays that may cause a response to be rejected due to missing a solicitation receipt deadline.

Responses delivered to the mailing address are routed through the County mailroom and may not reach the required location in time for the bid / offer opening.

Respondents using the U.S. mail should take this possible delay into account when using the U.S. mail.

https://brazoriacounty.bonfirehub.com/portal/?tab=login%20

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BRAZORIA COUNTY is very conscious and extremely appreciative of the time and effort you have expended to submit an offer. We would appreciate it if you would indicate on any “No Offer” response, any requirement of this RFP which may have influenced your decision to “No Offer”. If your response to this RFP is a “No Offer” response, please complete the Statement of No Offer in this RFP package and submit.

Any prospective respondent desiring any explanation or interpretation of the solicitation must make a written request online through Bonfire electronic platform or email the project facilitator as shown in Section “Questions Due Date (for Clarifications)”, which must be received by the Purchasing Department at least five (5) business days prior to the scheduled time for the offer opening. Any information given to a prospective respondent concerning this solicitation will be furnished promptly to all other known prospective respondents as a written amendment/addendum to the solicitation. Brazoria County reserves the right to accept or reject any or all bids/offers as it deems in its best interest and to waive any formalities.

It is the Respondent’s responsibility to verify the issuance of Addenda in regard to this Offer. All Addenda shall be submitted to all known respondents and shall be posted on the Bonfire electronic bidding platform at https://brazoriacounty.bonfirehub.com/portal/?tab=login. Brazoria County shall not be responsible for failed internet connections or power interruptions.

All required Offer documents shown on the Table of Contents, including any Addenda Receipt Forms which may have been issued, must be submitted in the Bonfire electronic bidding platform or a sealed envelope included in a hard copy submittal, marked with the bidder’s company name, the Offer name, number and due date.

SUSAN SERRANO, CPPO, CPPB

Purchasing Director Brazoria County Courthouse Campus Administration Building 237 E. Locust Street, Suite 406 Angleton, Texas 77515

Published Dates:

Wednesday, December 17, 2025 Wednesday, December 24, 2025

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CONTRACT SHEET

THE STATE OF TEXAS

COUNTY OF BRAZORIA

This memorandum of agreement made and entered into on the _____ day of __________, 2026, by and between Brazoria County in the State of Texas (hereinafter designated County), acting herein by County Judge L.M. “Matt” Sebesta, Jr., by virtue of an order of Brazoria County Commissioners’ Court, and __________________________________________ (hereinafter designated Vendor / Contractor).

(company name)

WITNESSETH:

The Vendor and the County agree that the Instructions to Respondents, Specifications/Statement of Work, Standard Terms & Conditions, and all other requirements herein for RFP #26-26 AERIAL MOSQUITO SPRAYING as stated in the Request for Proposal Table of Contents hereto attached and made a part hereof, together with the bond (when required), vendor’s response and negotiated pricing, shall constitute the full agreement and Contract between parties and for furnishing the items set out and described; the County agrees to pay the prices stipulated in the accepted offer.

The order of precedence shall be:

• Brazoria County RFP #26-26 AERIAL MOSQUITO SPRAYING

• Vendor’s submittal to the above listed RFP and the final accepted pricing

It is further agreed that this Contract shall not become binding or effective until signed by the parties hereto and a purchase order authorizing the items desired has been issued.

Executed at Angleton, Texas this __________day of _______________________2026.

By:__________________________________________ County Judge Signature

Printed Name

Signature of Vendor

Printed Name and Title

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REQUEST FOR PROPOSAL

TABLE OF CONTENTS

RFP #26-26 AERIAL MOSQUITO SPRAYING

All documents included in this Table of Contents represent components which comprise this bid/offer package and subsequent awarded executed contract.

The documents shown in Exhibit A and Exhibit B are required to be submitted in your bid/offer package. It is the respondent's responsibility to be thoroughly familiar with all requirements and specifications. Be sure you understand the requirements before you return your bid/offer packet.

The “Exhibit A - Required Forms” and “Exhibit B – Additional Requirements” below are required to be uploaded into the Bonfire electronic procurement portal system or included with your hard copy submittal in one (1) large sealed envelope or box with the Brazoria County Return Label affixed.

FAILURE TO RETURN THE FOLLOWING FORMS MAY DEEM YOUR PROPOSAL AS NON-

RESPONSIVE.

EXHIBIT A – REQUIRED DOCUMENTS

• RESPONDENT CERTIFICATION FORM

• BIDDER/RESPONDENT’S AFFIRMATION & SDNs/BLOCKED PERSONS AFFIRMATION

• WORKERS COMPENSATION REQUIREMENTS

• CERTIFICATION REGARDING LOBBYING FORM

• EXCEPTIONS TO STANDARD TERMS & CONDITIONS & SPECIAL REQUIREMENTS (if applicable) (If vendor has any exceptions to the RFP terms & conditions or special requirements, they must be included with the RFP submittal in order to be considered)

• NON COLLUSION AFFIDAVIT

• CONFLICT OF INTEREST QUESTIONNAIRE – FORM CIQ (if applicable)

• TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM

• PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

CERTIFICATION FORM (Vendor to sign form if applicable to telecommunications)

• AUTHORIZED NEGOTIATOR

• VENDOR DATA SHEET & W-9 FORM

EXHIBIT B – VENDOR’S RESPONSE

• BID TABLE

• VENDOR RESPONSE TO EVALUATION CRITERIA

• EXCEPTIONS TO STANDARD TERMS & CONDITIONS & SPECIAL REQUIREMENTS (if applicable) (If vendor has any exceptions to the RFP terms & conditions or special requirements, they must be included with the RFP submittal in order to be considered)

• SIGNED ADDENDA (if applicable)

Attachments to the RFP:

• Exhibit A – Required Documents

• Exhibit B – Vendor’s Response

• Attachment A – Bid Table

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SPECIFICATIONS / SCOPE OF WORK

The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable.

1.0 SCOPE

Contractor shall provide aerial spraying services of mosquito control pesticides within the confines of Brazoria County, Texas, on an as needed basis, using an application of 0.25 oz/acre of Dibrom and 0.80 oz/acre of diluent for a combined total of 1.05 oz/acre. Contractor shall provide all necessary labor, equipment, maintenance, diluent, insurance and permits to carry out the agreement, with the exception of the Dibrom, which will be supplied by the County. Contractor shall provide details regarding the proposed diluent.

2.0 GENERAL REQUIREMENTS

2.1 RESPONSIBILITIES OF CONTRACTOR

2.1.1. Contractor shall furnish equipment, labor, services, insurance, permits and diluent to be utilized in accordance with this agreement. (County will furnish the Dibrom to the Contractor)

2.1.2 Contractor shall be solely responsible for the determination of the operation and route of all aircraft(s) required for 100% coverage of the treatment area.

2.1.3 Contractor shall be responsible for notification and coordination of all operation with Federal Aviation

Administration (FAA) initially for approval and thereafter on a daily basis. Contractor must fully comply with all FAA rules and regulations. Contractor will obtain a Congested Area Plan for Brazoria County.

2.1.4 No later than twenty-four (24) hours after notice by County, the Contractor will provide the required mosquito aerial spraying services. Provide aerial application within timeframe of one (1) hour before sunrise and 10:00 a.m. or two (2) hours before sunset, depending on conditions.

2.1.5 If the Contractor shall neglect/fail or refuse to provide services within the required time frame specified by the County, the Contractor shall immediately notify in writing of the cause(s) of delay.

2.1.6 If the Contractor shall be delayed in the completion of his/her work due to an unforeseeable cause which is beyond his/her control and without fault or negligence, including, but not restricted to, Acts of God, the period herein above specified for the completion of delivery shall be extended by such time as approved by the County.

2.1.7 At termination of each spraying activity, Contractor will provide certification to County in writing, executed by a person authorized to bind the company that:

2.1.7.1 The chemical was sprayed over the area designated and no other.

2.1.7.2 The amount of chemical dispersed and that the amount was in conformity with the amount authorized to be utilized.

2.1.7.3 The name, registration number and total amount of the chemicals used.

2.1.7.4 The flight plan, date and times that each application was made.

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2.1.7.5 The speed and altitude of aircraft, type and size of spray nozzle used, a description of delivery system used, temperature, wind speed and direction.

2.1.7.6 Provide a global positioning system (GPS) map of the treated area.

2.1.7.7 Provide an automatic monitoring record of the spray amount during application which includes the total amount of the pesticide applied and the ounces per acre.

2.1.7.8 These totals must agree with the GPS map of the treated area.

2.1.8 Correct any inconsistencies, errors or omissions in aerial application services by the Contractor at no additional charge to the County.

2.1.9 Provide a pumping system suitable for use in the transfer of bulk diluent for loading and unloading the aircraft.

2.1.10 Provide a licensed pilot and aircraft with suitable spray equipment including aerial application nozzles or rotary atomizers to efficiently and safely apply 0.25 oz/acre Dibrom/0.80 oz/acre diluent mixture.

2.1.11 Contractor shall be responsible under this agreement to furnish one or more aircraft equipped for ultra-low volume (ULV) dispersal of pesticides for the control of mosquitoes within the confines of Brazoria County. The aircraft must be capable of and shall be operated at a speed and altitude commensurate with safety for this type of work. Equipment in the aircraft used to spray the pesticide shall be of the type and condition which will dispense all the chemical in the conformity with chemical label requirements, in strict conformity will all requirements of the EPA, the Texas Natural Resources Conservation Commission (TNRCC) Texas Department of Agriculture (TDA) and FAA.

2.1.12 Follow state and federal safety procedures for pesticide and diluent. Comply with any required state and federal regulations including:

• Federal Water Pollution Control Act

• Resource Conservation and Recovery Act

• Comprehensive Environmental Response, Compensation and Liability Act

• Clean Water Act

• Any State permitting requirement for pesticide discharges

2.1.13 Comply with all Dibrom manufacturer label requirements, including use of proper diluent when mixing.

2.1.14 Pilot or Co-pilot – Contractor shall provide fully licensed and experienced pilot(s) and co-pilot(s) for the operation of the aircraft for ULV flights. The pilot(s) and co-pilot(s) shall be properly trained, licensed, and certified. They shall meet all requirements as specified in FAA, EPA, TNRCC or other federal or state requirements for ULV flights for the dispersal of pesticides or other chemicals for control of mosquito populations, including, but not limited to, certification as a pesticide applicator in the commercial category of aerial application.

2.1.15 Pilot and Co-pilot Licensing and Certification(s) – The pilot, co-pilots and all other personnel shall be properly trained, certified and shall meet all the requirements as specified in FAA regulations. The Contractor shall be able to provide any license/certification(s) that are required by either the local, state (Texas) or federal agencies for the aerial application of pesticides. The pilot and co-pilot shall meet the EPA and State of Texas standard for certification as a pesticide applicator in the commercial category of aerial application.

2.1.16 Equipment and Handling – The Contractor shall furnish all equipment. The Contractor shall be responsible for storing, transporting, and loading the pesticide and diluent into the aircraft. Storage, transportation, mixing and loading of the pesticide shall be in accordance with the rules and regulations of the local, state and federal law. The Contractor shall be responsible for the proper disposal of all empty pesticide containers according to the label instructions and local, state, and federal regulations.

2.1.17 Pesticide Management – Pesticides shall be handled in accordance with all appropriate local, federal and state regulations. Pesticides selected for use must be registered for the intended use by the EPA and must be

RFP #26-26 AERIAL MOSQUITO SPRAYING Page 7 of 40 used in a manner consistent with label instructions and precautions. Specifically, at a minimum, the following laws must be adhered to:

a) Public Law 95-296, Federal Pesticide, Fungicide Rodenticide Act, as amended (92 Stat. 819).

b) Public Law-596, Occupational Safety and Health Act of 1970, (84 Stat. 1609, 20 USC 668) December 29, 1970.

2.1.18 Pesticide Training – All personnel involved in these pesticide applications shall be properly trained in the safe application of pesticides. The Contractor shall provide evidence that personnel utilized are properly certified by the state (Texas) in the handling and commercial application of pesticides.

2.1.19 Spray – Contractor warrants, covenants and agrees that the equipment in the aircraft will be of the type and kind necessary for the deployment of chemicals in an amount that is in strict accordance with the label and all directions provided by the manufacturer that is required by any law, regulation, rule, direction or requirements of the federal government, including but not limited to the EPA, state (Texas) including, but not limited to, the TNRCC, trade organization regulating the spraying of the chemical or other safety or environmental regulation or requirement. Contractor further warrants, covenants and agrees that it is solely responsible for the mixture, handling, determination and actions necessary for the application of the spray and the selection, regulation, maintenance and control, of the equipment utilized.

2.1.20 Area To Be Sprayed – The Contractor shall be solely responsible for the determination of the flight path(s) of the aircraft, as required to provide spray coverage within the boundary of the area (s) identified. The Contractor shall, without any expense to the County, be responsible for determining any restricted flight areas or corridors or other requirements and obtaining all necessary clearance, licenses and permits required for provision of the services heroin in a timely manner. The Contractor shall comply fully with all such requirements and limitations and with any applicable local, state, federal, municipal laws, codes and regulations in connection with the execution of the work. The Contractor shall provide the County with a GPS record of the treated area(s) and a printed record of the monitoring devices record of the pesticide used within six (6) hours of completion. Additionally, the Contractor shall provide the County with the weather data, wind speed and direction from the ground level along with the spray elevation.

2.1.21 Spray Schedule – The Contractor shall notify the County of the flight(s) schedule and path(s) before work begins. The Contractor shall be solely responsible for the determination of all conditions and will make all determinations and take all necessary actions to determine the spray schedule and maintain the spray within the boundary of the treatment area as shown in the purchase order. Flight times must be coordinated with and approved by the County.

2.2 AIRCRAFT REQUIREMENTS

2.2.1 Provide aircraft fixed wing with equipment capable of performing required applications (as defined below).

2.2.2 Aircraft must be warranted by contractor to be maintained in an air-worthy condition in accordance with the maintenance procedures applicable to the type of aircraft.

2.2.3 Aircraft must be capable of applying Dibrom mosquito adulticide and diluent mixture at 1.05 oz per acre

(chemical supplied by Brazoria County Mosquito Control).

2.2.4 Written certification of calibration (both droplet size and application rate) must be supplied prior to signing of the contract.

3.0 REPORTING REQUIREMENTS

3.1.1 Supply accident insurance claims for the last 3 years.

3.1.2 Provide an example of a spray report with application map.

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4.0 HISTORICAL DATA

Estimated amount of mixed gallons applied (30 gallons of Dibrom mixed with 100 gallons of Diluent):

Year Gallons of Mixture Applied Total Acres Treated Column 4

2025 5,460 641,623.38 2024 18,410 2,175,256.06 2023 7,979 942,791.10 2022 6,530 771,507.42 2021 4,877 576,280.46 2020 9,750 1,243,729.00 2019 2,340 293,526.00 2018 22,503 2,658,781.00 2017 8,490 1,142,386.00 2016 2,730 322,560.00

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INSTRUCTIONS TO RESPONDENTS

The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable.

1.0 THE CONTRACT:

The Contract consists of all documents included in this Request for Proposal Number 26-26, as well as addenda issued prior to execution of the Contract and modifications issued after execution of the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may only be amended or modified under the terms of this Contract. Brazoria County may make partial or complete awards to one or more vendors (if applicable) whichever is in the best interest of the County.

2.0 PROJECT DESCRIPTION

Brazoria County is seeking proposals for Aerial Mosquito Spraying.

3.0 ESTIMATED PROJECT TIMELINE (dates may be subject to change)

Step One – Publicly advertised (1st Notice) Wednesday, December 17, 2025 Publicly advertised (2nd Notice) Wednesday, December 24, 2025 Deadline for Questions (Clarifications) Submitted Tuesday, December 30, 2025 Deadline for Addendum to be posted in Bonfire Monday, January 12, 2026

Response Open/Due date by 11:00 a.m. C.S.T. Tuesday, January 20, 2026

Step Two – Interviews (if applicable to project) TBD Interviews with short-listed candidates Selection committee recommendation

Negotiations (if applicable to project) TBD Enter into negotiations with highest ranked firm

Award - Contract approval by Commissioner’s Court TBD

4.0 QUESTIONS DUE DATE (FOR CLARIFICATIONS)

Any prospective respondent desiring any explanation or interpretation of the proposal must make a written request which must be received by the Purchasing Department on or before Tuesday, December 30, 2025. The request must be emailed to bidclarifications@brazoriacountytx.gov. Emails must include the project name and number in the subject field.

All responses to questions or clarification requests will be answered in the form of an addendum after the question deadline and no later than 5 business days prior to the opening/closing date of the solicitation.

5.0 PRE-OFFER MEETING

There is no pre-offer meeting scheduled for this project.

6.0 PROPOSAL REQUIREMENTS

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The proposal includes instructions to respondents, specifications and contract documents. It is the responsibility of each Respondent before submitting a proposal to examine the contract documents thoroughly.

RFP SUBMISSIONS MAY BE PROVIDED IN ONE OF TWO WAYS, AS EXPLAINED BELOW:

If submitting an RFP Electronic Document Submission (using the Bonfire electronic platform)

Respondent shall fill out and upload the “Exhibit A Required Forms” and “Exhibit B Additional Requirements” into the Bonfire electronic platform. An authorized representative of the company MUST sign all required forms. See “Exhibit A Required Forms” for instructions on signing electronically.

If submitting an RFP Hard Copy Document Submission

One (1) original hard copy shall be submitted, which will consist of “Exhibit A Required Forms” and “Exhibit B Additional Requirements”.

The hard copy submission shall be sealed in an envelope or box for delivery to the Brazoria County Purchasing Director per instructions herein. All documents included in the response and the outside of the envelope and/or box must be labeled with the vendor name and the RFP number. A Return Label is also provided in this solicitation.

7.0 CONTRACT AWARD / EVALUATION PROCESS

An evaluation committee will examine all responses to this Request for Proposals. Responses that do not conform to the instructions given or that do not address all the questions and services specified may be eliminated from consideration. Brazoria County, however, reserves the right to accept such a response if it is determined to be in the County’s best interest to do so.

Brazoria County may initiate discussions with respondents. Additional information will be accepted during this period from respondents who responded to the original request. Respondents may NOT initiate discussions. Brazoria County expects to conduct discussions with respondent personnel authorized to enter into contractual obligations.

Brazoria County shall rank responses in accordance with the Evaluation Criteria and will review proposal content and its conformance to requirements. Following an initial evaluation, the evaluation team may recommend award without further discussion with one or more respondents or may conduct discussions and interviews with top-ranked responsible respondent(s).

During the discussion / interview and negotiations, the evaluation team may allow the respondent(s) to submit a best and final offer. Final offers shall be evaluated on the same criteria used in the first evaluation.

The award of the contract shall be made to the responsible respondent whose proposal is determined to be the lowest and best evaluated offer resulting from negotiations, taking into consideration the relative importance of price and other evaluation factors set forth in this request for proposal.

“Lowest and best” means an offer providing the best value for the County considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties and customer service after a sale.

Brazoria County is not bound to accept the lowest priced proposal if that proposal is judged not to provide the best value for the County.

Proposals will be opened publicly to identify the names of the respondents. Other contents of the proposals will not be disclosed prior to award or rejection by Brazoria County.

Brazoria County reserves the right to reject any and all proposals and is not obligated to award a contract pursuant to this request for proposal.

7.1 Financial Statements

If your company is either short listed or deemed the highest ranked, you may be required to submit your current and prior 2 years financial statements for review. This ensures Brazoria County that your company, if awarded, has the financial capacity to perform its obligations under for the entirety of the contract.

Failure to provide financial statements may deem your submission as non-responsive.

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8.0 EVALUATION CRITERIA

The criteria used to evaluate the proposals shall be:

Price - Price submitted in offer 45 points

Qualifications, Experience and Safety Record- Provide qualifications, experience and safety records of company, assigned pilot, subcontractors (if company intends to contract for services)

15 points

Aircraft and Equipment – Provide details on proposed aircraft and equipment meeting the specifications as described in the RFP. Provide type of equipment, including aircraft’s ability to utilize GPS and generate shape files; maintenance procedures and availability.

15 points

Chemical Handling and Safety Procedures- Provide information regarding safety procedures for handing, storage and loading of chemicals

15 points

References- Provide a minimum of five (5) references for similar services to local government agencies and/or other entities within the last five (5) year.

10 points

Bonus Scoring (15 point scale)

8.1 Bonus Points-Interview (If requested by evaluation committee) Your score may be adjusted up to a maximum of 15 points-total overall possible evaluation points=15

8.1.1 Response to Questions & Answers (0-10 points)

8.1.2 Interview preparedness & adherence to interview (0-5 points)

9.0 CONTRACT TERM

Award of Contract shall begin on the date of execution by the County Judge and shall continue for twelve (12) months.

Further, Brazoria County reserves the right to renew the Contract every twelve (12) months for four (4) renewal periods.

Such renewal shall be subject to the terms and conditions herein contained and shall be effective only if evidenced in writing.

Contract start date shall be March 09, 2026.

10.0 PROJECT MANAGER

Fran Henderson, Brazoria County Mosquito Control

The County will maintain oversight to ensure that contractors perform in accordance with the terms, conditions and specifications of the contract.

11.0 INCLEMENT WEATHER FOR HARD COPY SUBMITTALS:

In case of inclement weather or any other unforeseen event causing the County to close for business on the date of a proposal submission deadline, the closing will automatically be postponed until the next business day the County is open and at the time shown on the Cover Sheet.

If inclement weather conditions or any other unforeseen event causes delays in carrier service operations, the County may issue an addendum to all known vendors interested in the project to extend the deadline. It will be the responsibility of the vendor to notify the County of their interest in the project if these conditions are impacting their ability to turn in a submission within the stated deadline. The County reserves the right to make the final judgment call to extend any deadline.

12.0 INSURANCE REQUIREMENTS

Vendor shall furnish certificates of insurance to County evidencing compliance with the insurance requirements hereof for the duration of the project. Certificates shall indicate name of Vendor, name of insurance company, policy number, term of coverage and limits of coverage.

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Insurance shall be placed with insurers having an A.M. Best’s rating of no less than A. Such insurance must be issued by a casualty company authorized to do business in the State of Texas, and in standard form approved by the Board of Insurance Commissioners of the State of Texas, with coverage provisions insuring the public from loss or damage that may arise to any person or property by reason of services rendered by Vendor.

Insurance required herein shall be maintained in full force and effect during the life of this contract and shall be issued on an occurrence basis. Vendor shall require that any and all subcontractors that are not protected under the Vendor’s own insurance policies take and maintain insurance of the same nature and in the same amounts as required of Vendor and provide written proof of such insurance to Vendor. Proof of renewed/replacement coverage shall be provided upon expiration, termination, or cancellation of any policy. Vendor shall not allow any subcontractor to commence work on the subcontract until such insurance required for the subcontractor has been obtained and approved.

In the event that the insurance is renewed during the duration of the contract, Vendor shall furnish certificate of insurance to the County evidencing renewal of policy within 30 days of renewal. Vendor shall provide County with at least 30 days prior written notice of any reduction in the limit of liability by endorsement of the policy, cancellation or non-renewal of the insurance coverage required under this Agreement.

Certificates of Insurance, fully executed by a licensed representative of the insurance company written or countersigned by an authorized Texas state agency, shall be filed with the County Purchasing Agent within ten (10) business days of issuance of notification from the County Purchasing Agent to Bidder that the contract is being activated as written proof of such insurance and further provided that Bidder shall not commence work under this contract until it has obtained all insurance required herein and provided written proof as required herein.

WAIVER OF SUBROGATION:

All policies of insurance shall waive all rights of subrogation against Brazoria County, its officers, employees and agents.

ADDITIONALLY INSURED:

Further, on vendor’s certificate of insurance supplied to Brazoria County, Brazoria County shall be listed as additionally insured with the exception of workers compensation insurance. The certificate holder shall be as follows:

Brazoria County 237 E. Locust Street, Suite 401 Angleton, TX 77515

ADDITIONAL INSURANCE REQUIREMENTS: The contractor shall maintain the following insurance:

• Aircraft Liability: coverage with limits not less than $2,000,000.00 each occurrence for single limit bodily injury and property damage liability.

• Single Limit Chemical Liability Bodily Injury and Property Damage: with limits not less that $500,000.00 each occurrence and $1,000,000.00 aggregate.

• Commercial General Liability: with limits not less than $2,000,000.00 each occurrence and $2,000,000.00 aggregate for bodily injury and property damage combined.

• Business Automobile Liability: coverage applying to owned, non-owned and hired automobiles with limits not less than $300,00.00 each person and $500,000.00 each accident for bodily injury and $100,000.00 each accident for property damage.

13.0 PAYMENTS TO VENDOR

13.1 Purchase Orders:

13.1.1 The awarded vendor must receive a proper Purchase Order Number from Brazoria County prior to the start date of the project.

13.2 Invoices or Pay Applications:

13.2.1 Invoices or pay applications shall be mailed to the address on the Purchase Order.

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13.2.2 All invoices or pay applications must reference the appropriate Purchase Order number.

13.2.3 Invoices or pay applications shall include additional detailed information such as an itemized listing of the items ordered.

13.2.4 Pay applications will need to be signed and approved by all parties prior to receipt for payment.

13.3 Pricing:

13.3.1 All prices shall be firm and shall not be subject to escalation for the term of this contract except as specifically stated herein.

13.4 Substitutions:

13.4.1 Substitutions will not be allowed without the prior written consent of the purchaser and /or Purchasing

Department.

13.4.2 Vendor substitutions shall be of equal or better quality at equal or less price than the original item requested and shall be accepted with prior written approval only.

14.0 DISADVANTAGED BUSINESS

Disadvantaged businesses, particularly the State of Texas Comptroller’s Office VetHUB Program, are encouraged to participate in the bid/RFP processes. Although Brazoria County does not certify HUB vendors, Brazoria County recognizes the certifications of other governmental entities. If you are certified by a government entity, please upload the certificate with your response electronically in the Bonfire electronic platform or include a hard copy of your certificate in your submittal.

Per Code of Federal Regulations, Title 2, § 200.321, “Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms”, if awarded vendor is a prime contractor and subcontractors are to be let by prime contractor, the following affirmative steps are required of the prime contractor:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the

Minority Business Development Agency of the Department of Commerce.

Brazoria County must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

15.0 SYSTEM FOR AWARD MANAGEMENT (SAM)

The System for Award Management (SAM) is the official registration required prior to bidding on a contract with any federal government agency, including local governments who receive federal funds.

Prior to award, Brazoria County will check www.sam.gov, the System for Award Management (SAM), to ensure that the proposed vendor has not been debarred. Vendor shall provide their Unique Entity ID number to Brazoria County in order to check www.sam.gov for debarment. If you do not have a Unique Entity ID number, you can request a number for free by visiting https://sam.gov/content/entity-registration. For additional information about the change from DUNS to Unique Entity ID visit https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here. Brazoria County is unable to conduct business with vendors who have been debarred.

http://www.sam.gov/ http://www.sam.gov/ https://sam.gov/content/entity-registration https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here

RFP #26-26 AERIAL MOSQUITO SPRAYING Page 14 of 40

If you do not have a Unique Entity ID number, you can request a number for free by visiting https://sam.gov/content/entity-registration. For additional information about the change from DUNS to Unique Entity ID visit https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here.

Brazoria County is unable to conduct business with vendors who have been debarred.

If the procurement is using federal funds, the awarded vendor is required to hold an active status on the SAM.gov website, applicable, https://sam.gov/content/home, and with the Texas Comptroller Taxable Entity website https://mycpa.cpa.state.tx.us/coa/ .

If the procurement is using County funds, and your company is not registered on the SAM.gov website, the County is asking that your company obtain a registration. If your company has a current Unique Entity Identifier number on the SAM.gov website, the County is requesting that your company obtain a registration.

16.0 AWARD LETTER / NOTICE TO PROCEED

After the award has been made in Commissioner’s Court, an award letter will be sent to the vendor with information on how to submit any required documentation needed to finalize the award. Once all required bonds, insurance, and other applicable forms have been submitted to the Purchasing Department, the Project Manager will contact the awarded vendor and set up the project kick-off meeting, if applicable.

17.0 DISCLOSURE OF CERTAIN RELATIONSHIP

Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local governmental entity (including any agent of such person or vendor) disclose in the Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local governmental entity. By law, this questionnaire must be completed and filed with the records administrator of Brazoria County no later than the seventh business day after the date the person engages or communicates with Brazoria County or becomes aware of facts that require the completion of the questionnaire pursuant to Texas Local Government Code section 176.006.

A person commits an offense if the person knowingly violations Texas Local Government Code section 176.006. An offense under this section is a Class C misdemeanor.

A copy of House Bill 23 which amended the Texas Local Government Code Chapter 176 is available at: http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/HB00023F.HTM Texas Local Government Code Chapter 176 can be found here: http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm

Questionnaire Form CIQ is included in this bid/offer.

By submitting a response to this request, the vendor or person represents compliance with the requirements of Texas Local Government Code chapter 176. If required, completed forms should be sent with your proposal, as well as to:

Brazoria County Courthouse County Clerk’s Office 111 E. Locust Street, Suite 200 Angleton, TX 77515

18.0 CERTIFICATE OF INTERESTED PARTIES

Effective January 1, 2016, all contracts and contract amendments, extensions, or renewals executed by the Commissioners Court will require the completion of Form 1295 “Certificate of Interested Parties” pursuant to Government Code §

2252.908. Form 1295 must be completed by awarded vendor at time of signed contract submission.

Form 1295 and definitions are included in this bid/offer for your information.

All responding vendors may access a video from the Texas Ethics Commission which explains the process on how to submit Form 1295. The video link is available on the Brazoria County Purchasing website at http://brazoriacountytx.gov/departments/purchasing/doing-business.

https://sam.gov/content/entity-registration https://sam.gov/content/entity-registration https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/HB00023F.HTM http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm http://brazoriacountytx.gov/departments/purchasing/doing-business

RFP #26-26 AERIAL MOSQUITO SPRAYING Page 15 of 40

19.0 BACKGROUND CHECKS AND NON-DISCLOSURE AGREEMENTS:

It is the policy of the County that contractor employees and subcontractors that will complete work in sensitive areas on Brazoria County property be subject to a criminal background check. The County reserves the right to determine a sensitive area and the appropriateness of a criminal background check for any contractor employee or subcontractor.

Non-Disclosure Agreements (NDA) may also be required by Brazoria County. NDAs will be provided to contractor employees and any subcontractors by the Purchasing Department and must be signed and returned in a time frame determined by Purchasing Department

20.0 ADDITIONAL REQUIREMENTS, FEDERAL

20.1 Remedies

“If the bidder/vendor fails to comply with the terms and conditions of this Agreement, Brazoria County may take one or more of the following actions, as appropriate to the circumstance:

(a) Temporarily withhold payments pending the bidder/vendor commencing in good-faith corrective action to cure the deficiency;

(b) Permanently withhold payments; and/or

(c) Take any and all other remedies that may be legally available.

20.2 Access to Records and Record Retention

“Retention of Records. The contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the FEMA or applicable Federal Administrator, Brazoria County, the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of claims.”

Access to Records. The following access to records requirements apply to this contract:

1) The contractor agrees to provide Brazoria County, any State or Federal Agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

1) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

2) The contractor agrees to provide any State or Federal Agency, Brazoria County, the Comptroller General of the United States, or any of their authorized representatives or their authorized representatives access to construction or other work sites pertaining to the work being completed under this contract.

20.3 Debarment and Suspension

“Suspension and Debarment

(1) The contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Brazoria County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Texas Department of Emergency Management and Brazoria County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”

20.4 Procurement of Recovered Materials (Solid Waste Disposal Act) (2 CFR 200.323):

Application:

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, RFP #26-26 AERIAL MOSQUITO SPRAYING Page 16 of 40 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]

1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

(i) Competitively within a timeframe providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www3.epa.gov/epawaste/conserve/tools/cpg/index.htm

The list of EPA-designate items is available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

20.5 Domestic Preferences for Procurements (2 CFR 200.322)

(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

20.6 DHS Seal, Logo and Flags

"The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA or Federal Administrator preapproval."

20.7 Compliance with Federal Law, Regulations, and Executive Orders

"This is an acknowledgement that FEMA (or applicable Federal Administrator) financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA (or applicable Federal Administrator) , policies, procedures, and directives."

20.8 No Obligation by Federal Government

"The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract."

20.9 Program Fraud and False or Fraudulent Statements or Related Acts

"The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract."

20.10 Termination for Cause and Convenience

Termination with Cause:

“Upon written notice to the Contractor of a defect or breach of this Agreement, Contractor has five (5) business days to cure any defect(s) or breach(es) cited in said notice. If Contractor fails to cure the defect(s) or breach(es) within the five (5) business https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

RFP #26-26 AERIAL MOSQUITO SPRAYING Page 17 of 40 days allowed, Brazoria County may terminate this Agreement. Nevertheless, Brazoria County reserves the right to provide written notice to the Contractor that this Agreement shall continue if Contractor has in good-faith commenced efforts to cure said defect(s) or breach(es) and Contractor agrees, in writing, to continue to act without undue delay to cure said defect(s) or breach(es).

Termination Without Cause:

This contract may be terminated by either the County or the Contractor at any time, without cause, by…