Accessibility_Software.pdf

FY2025-RFP-030

ACCESSIBILITY SOFTWARE

ISSUE DATE: June 27, 2025

QUESTIONS DEADLINE: July 17, 2025

RESPONSE DEADLINE: July 22, 2025, 3:00 pm

Collin County Community College District

Accessibility Software

I. Introduction

II. Legal Advertisement

III. Definitions

IV. Instructions To Bidders

V. Contract Terms, Conditions and Requirements

VI. Standard Insurance Requirements

VII. Statement of Work

VIII. Evaluation Criteria

IX. Bid Line Item

X. Proposal Submittals

#FY2025-RFP-030

Title: Accessibility Software

1. Introduction

1.1. Summary

The District's accessibility department is looking to purchase a software that will provide accommodations for students such as closed captioning, alternative format generation, and more.

1.2. Contact Information

Kate Lynn Hamilton Buyer 3452 TX-399 Spur McKinney, TX 75069 Email: katelynnhamilton@collin.edu Phone: (972) 758-3870

Department:

Purchasing

1.3. Timeline

Proposal Release Date June 27, 2025

Pre-Proposal Meeting (Non-Mandatory) July 15, 2025, 10:00am

Teams Meeting -https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzgwODE4MTMtYzBiZi00Y mVmLThkOTQtZTY2OGJjYTQyZWRl%40thread

.v2/0?context=%7b%22Tid%22%3a%22c5063431-d7f2-48db-ac62-eaeaa2e0bffc%22%2c%22Oid%22%3a%22ac54aaa b-9179-4bda-b402-34e9d7a4c504%22%7d

Question Submission Deadline July 17, 2025, 2:00pm

Proposal Submission Deadline July 22, 2025, 3:00pm

2. Legal Advertisement

TO: MCKINNEY COURIER GAZETTE

ATTN: JONI

FAX: 972-398-4250

E-MAIL : jcraghead@starlocalmedia.com DATES TO BE ADVERTISED: June 27, 2025, July 04, 2025

Collin County Community College District (Collin), CHEC, 3452 Spur 399, 3rd Floor Suite 367, McKinney, TX, 75069 will receive sealed proposals until: 3:00 pm, Tuesday, July 22, 2025 for RFP

No.FY2025-RFP-030: Accessibility Software.

mailto:katelynnhamilton@collin.edu tel:(972)758-3870 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzgwODE4MTMtYzBiZi00YmVmLThkOTQtZTY2OGJjYTQyZWRl%40thread.v2/0?context=%7b%22Tid%22%3a%22c5063431-d7f2-48db-ac62-eaeaa2e0bffc%22%2c%22Oid%22%3a%22ac54aaab-9179-4bda-b402-34e9d7a4c504%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzgwODE4MTMtYzBiZi00YmVmLThkOTQtZTY2OGJjYTQyZWRl%40thread.v2/0?context=%7b%22Tid%22%3a%22c5063431-d7f2-48db-ac62-eaeaa2e0bffc%22%2c%22Oid%22%3a%22ac54aaab-9179-4bda-b402-34e9d7a4c504%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzgwODE4MTMtYzBiZi00YmVmLThkOTQtZTY2OGJjYTQyZWRl%40thread.v2/0?context=%7b%22Tid%22%3a%22c5063431-d7f2-48db-ac62-eaeaa2e0bffc%22%2c%22Oid%22%3a%22ac54aaab-9179-4bda-b402-34e9d7a4c504%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzgwODE4MTMtYzBiZi00YmVmLThkOTQtZTY2OGJjYTQyZWRl%40thread.v2/0?context=%7b%22Tid%22%3a%22c5063431-d7f2-48db-ac62-eaeaa2e0bffc%22%2c%22Oid%22%3a%22ac54aaab-9179-4bda-b402-34e9d7a4c504%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzgwODE4MTMtYzBiZi00YmVmLThkOTQtZTY2OGJjYTQyZWRl%40thread.v2/0?context=%7b%22Tid%22%3a%22c5063431-d7f2-48db-ac62-eaeaa2e0bffc%22%2c%22Oid%22%3a%22ac54aaab-9179-4bda-b402-34e9d7a4c504%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzgwODE4MTMtYzBiZi00YmVmLThkOTQtZTY2OGJjYTQyZWRl%40thread.v2/0?context=%7b%22Tid%22%3a%22c5063431-d7f2-48db-ac62-eaeaa2e0bffc%22%2c%22Oid%22%3a%22ac54aaab-9179-4bda-b402-34e9d7a4c504%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzgwODE4MTMtYzBiZi00YmVmLThkOTQtZTY2OGJjYTQyZWRl%40thread.v2/0?context=%7b%22Tid%22%3a%22c5063431-d7f2-48db-ac62-eaeaa2e0bffc%22%2c%22Oid%22%3a%22ac54aaab-9179-4bda-b402-34e9d7a4c504%22%7d mailto:jcraghead@starlocalmedia.com

The District shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Vendors can register to receive District solicitation notices, view current solicitation opportunities, download and respond to solicitations by visiting https://procurement.opengov.com/portal/collin. This RFP can be viewed at https://procurement.opengov.com/portal/collin/projects/178100.

"Collin encourages participation in the proposal process by small, minority, veteran and female-owned businesses. Collin does not discriminate on the basis of race, color, religion, gender, national origin, age, disability or veteran status."

3. Definitions

SOLICITATION includes all types of requests for goods or services: Bid, Quote, Request for Proposal

(RFP), Competitive Sealed Proposal (CSP), Request for Qualifications (RFQ).

PO is an acronym for Purchase Order

BIDDER refers to submitter, offeror, or respondent.

VENDOR and SUPPLIER refers to successful Bidder or Contractor.

DISTRICT or Collin College refers to Collin County Community College District, Texas.

RESPONSE REQUIREMENTS refers to the section where each document, acknowledgment and/or completion of all required questions, documents and all information required to be submitted to the

District by the Bidder.

4. Instructions To Bidders

4.1. Entire Agreement

By submitting a response to the solicitation, the bidder agrees the resulting Contract/Purchase Order (PO) shall be governed by the following terms and conditions for goods and services in combination with all requirements, terms and conditions set forth in the solicitation. Collin County Community College

District terms and conditions assume precedence over any and all Bidder/Vendor terms and conditions.

4.2. Official Solicitation Notification

The District utilizes the McKinney Courier Gazette & OpenGov Procurement Portal (also referred to as

Collin's electronic bidding system) for official notifications of solicitation opportunities. These are the only forms of notification authorized by the District for notice of solicitation opportunities. The District is not responsible for receipt of notifications or information from any other source. It shall be the Bidder’s responsibility to verify the validity of all solicitation information received from any source other than the

District.

4.3. Online Submission Preferred

Although the District is legally required to accept manual proposals, online submission through Collin's electronic bidding system is the preferred method for submission of responses to all solicitations. Vendors submitting responses manually run the risk of submitting incomplete responses and having their submittals deemed non-responsive. Electronic submission of responses will eliminate errors, eliminate unnecessary work, and is more friendly to the environment. Collin also reserves the right to include additional points in the evaluation criteria for those vendors that respond electronically.

https://procurement.opengov.com/portal/collin https://procurement.opengov.com/portal/collin/projects/178100

4.4. Vendor Registration

Vendors may register for the District’s e-bidding system at: https://procurement.opengov.com/signup

To receive bid notifications, click on "Subscribe" at:https://procurement.opengov.com/portal/collin

4.5. Electronic and Hard Copy Submittals

Electronic submittals submitted via the District’s e-bidding system shall remain locked until official date and time of closing.

If submitted in hard copy paper format, submittals shall be placed in a sealed envelope with the solicitation number, title, closing date, and name of the company written on the outside of the sealed envelope. Bidder is requested to provide one (1) original and two (2) copies of all documents. All documents shall be manually signed in ink by a person having the authority to bind the firm in a contract.

For hard copy submittals, any alterations made prior to opening date and time must be initialed by the signer of the solicitation guaranteeing authenticity.

Hard copy submittals will be accepted in the Purchasing Department at 3452 Spur 399, Suite 367, McKinney, TX 75069 or a location as specified until the designated time and date named in the solicitation. Bidders, their representatives and interested persons may be present for the solicitation opening. Submittals will be opened and read aloud unless excluded by Texas Statute. The time/date stamp in the District’s Purchasing Department shall be the official time of receipt for all proposals received in hard copy paper format.

Exclusion: Request for Proposals, Competitive Sealed Proposals and Request for Qualification will be opened and read as to avoid disclosure of the contents to competing Bidders and kept secret throughout analysis and negotiation. Pricing is not considered confidential. Exceptions by Texas Statutes.

Any hard copy paper submittal received after the time and date specified or at any other location shall be considered void and unacceptable. Oral, telegraphic, telephonic, e-mailed, or facsimile submittals shall

NOT be accepted. Any such receipts will be returned to the Bidder. For electronic submittals, the system will lock down the solicitation at the time of closing and the Bidder will be unable to complete their response. Bidders are encouraged to allow sufficient time to complete their responses so that this does not occur. Exceptions will not be made.

4.6. Alterations

Any and all submittals cannot be altered or amended after submission deadline.

4.7. Rights to Reject or Accept

The District reserves the right to accept or reject any or all submittals or parts of submittals and to award based on the best overall value submitted to the District with consideration given to price and capability to perform in accordance with the standard business practices and requirements of the solicitation. The

District reserves the right to waive any technicalities or informalities in the solicitation process deemed to be in the best interests of the District.

4.8. Bid Results

Bid tabulations are available on the District’s e-bidding system, immediately following the bid opening time, but may not include any manual submissions initially.

All submittals shall be open for public inspection after the contract is awarded. Trade secrets and any material that is marked as confidential or priority information, contained in the submittal and identified by

Bidder as such will be treated as confidential by the District to the extent allowable in the Texas

Government Code Open Records Act https://procurement.opengov.com/signup https://procurement.opengov.com/portal/collin

4.9. Questions

The District’s e-bidding system allows for the submission of questions to the buyer handling this solicitation. This is the preferred method of communicating questions related to the solicitation. All vendors invited to participate in the solicitation or respond to the solicitation will receive notice of any questions and answers submitted through the e-bidding system. The identity of the bidder submitting the question(s) is not viewable by other bidders.

4.10. Quiet Period

Prior to submittal and during the period between submittal submission date and the executed contract award, Bidders, including their agents and representatives, shall not directly discuss or promote their submittal with any member of the District Board of Trustees, District staff, their agents or representatives except in the course of District- sponsored inquiries, briefings, interviews, or presentation, unless requested by the District. This provision is not meant to preclude Respondents from discussing other matters with Board members or District staff. This policy is intended to create a level playing field for all potential Bidders, assure that contract decisions are made in public, and to protect the integrity of the solicitation process. Violation of this provision may result in rejection of the Respondent’s submittal.

4.11. Addenda

Any interpretations, corrections and/or changes to this solicitation or will be made by addenda by the

District’s Purchasing Department. An addendum will be published and distributed electronically via the

District’s e-bidding system to all that have been invited to participate in the solicitation. However, it shall be the sole responsibility of the bidder to verify issuance/non-issuance of addenda by checking District’s e-bidding system prior to the opening date and time. No questions will be responded to during the period from forty-eight (48) hours prior to the opening until the opening date.

Bidders are encouraged to "Follow" the solicitation to receive notifications regarding addenda. Bidder shall acknowledge receipt of all addenda in their response to the solicitation. Bidders submitting hard copy responses may be deemed non-responsive if submitting a response without acknowledging the addenda.

4.12. Substitutions/Exceptions

Bidders taking exception to the specifications shall do so at their own risk. By offering substitutions, bidder shall state these exceptions in the section provided in the request or by attachment. Exception/substitution, if accepted, must meet or exceed specifications stated therein. The

District reserves the right to accept or reject any and/or all of the exception(s)/substitution(s) deemed to be in the best interest of the District. If the bidder submits a product other than that specified, specifications must be included in the Response Requirements section. Submittals not listing manufacturer and manufacturer numbers in the Alternate section of the bid form will be considered as responding according to specification, and if awarded, will be required to provide exactly what was specified.

4.13. Permits and Inspections

The Vendor shall obtain and pay for such permits and inspections as are required for the legal performance of this work. Pricing should for any required permits and inspections must be included in the proposed price.

4.14. Best Value

In determining the best value for the District, the District is not restricted to considering price alone but may consider any other factors stated in the selection criteria.

In determining to whom to award a contract, the District shall consider:

A. the purchase price;

B. the reputation of the vendor and of the vendor’s goods or services;

C. the quality of the vendor’s goods and/or services;

D. the extent to which the goods or services meet the District’s needs;

E. the vendor’s past relationship with the District;

F. the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses;

G. the total long-term cost to the District to acquire the vendor’s goods or services; and

H. for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor’s ultimate t company or majority owner:

1. has its principal place of business in this state; or

2. employs at least 500 persons in this state; and

I. any other relevant factor specifically listed in the request for bids or proposals.

The bidder’s past performance of honoring contracts at the offered price will be an important consideration in the evaluation of the best value offer.

4.15. Right to Award

The District reserves the right to award by line, item, by section, or on an “all or none” basis. The District will award the contract to the vendor whose submittal, upon evaluation, is determined to be the best value to the District based on the evaluation criteria outlined in the solicitation.

4.16. Contract Approval

This procurement is subject to approval by the Collin Board of Trustees. Subsequent to Board approval, the only person authorized to commit Collin contractually is the President or designee.

4.17. Debarment

The Bidder certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If the Bidder cannot certify this statement, attach a written explanation for review by the District. The Bidder must notify the District Director of Purchasing within thirty (30) days if debarred by any governmental entity during the Contract period.

4.18. Open Records/Public Information:

The District is subject to the Texas Public Information Act. The District considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act, (Texas Government Code, Chapter 552.001, et seq.,) after a contract/agreement is awarded or the procurement terminated. Bidders are hereby notified that the District strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of information. Any information deemed to be confidential by Bidder should be clearly noted on the page(s) where confidential information is contained, page-by-page and line-by-line the parts of the response which it believes are exempt; however, the District cannot guarantee that it will not be compelled to disclose all or part of any public record under the Texas Public Information Act, since information deemed to be confidential by Bidder may not be considered confidential under Texas law, or pursuant to a Court order. The District assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by bidders. Bidder/Vendor waives any claim against and releases from liability Collin County Community College (the District), its officers, employees, agents, and attorneys with respect to disclosure of information provided under or in the Agreement or otherwise created, assembled, maintained, or held by Vendor and determined the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act.

Marking your entire submittal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas

Open Records Act.

All requests for public information should be submitted as indicated on the District’s website: http://www.collin.edu/aboutus/publicInfoRequest.html.

4.19. References

The District may make such investigations as it deems necessary to determine the ability of the bidder to provide quality goods and satisfactory performance in accordance with the solicitation requirements. The bidder shall furnish to the District all such information and data for this purpose, including the Response

Requirements section and any other items contained in the solicitation.

The minimum standard for a responsible prospective Bidder is as follows:

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

• Be able to comply with the required or proposed schedules and project requirements;

• Have a satisfactory record of performance for contracts of similar scope;

• Have a satisfactory record of integrity and ethics;

• Have competitive pricing (as applicable);

• Submit a complete and thorough bid submittal; and

• Be otherwise qualified and eligible to receive an award.

4.20. Reference Information

Please ensure that all reference contact information being provided below is current and that the references being provided are aware that someone from Collin College will be contacting them. Lack of responses from references provided by the vendor will be reflected in the evaluation scores given for the reference criteria and could significantly reduce the overall rating of your submittal.

http://www.collin.edu/aboutus/publicInfoRequest.html

4.21. Negotiations

When specified in the solicitation, the District may choose to open negotiations with one or more Bidders as allowed by the State of Texas statute. The District reserves the right to terminate negotiations with any

Bidder, for any reason as deemed to be in the best interest of the District.

4.22. Best and Final Offer (BAFO)

During the evaluation process, the District reserves the right to request a best and final offer upon completion of negotiations. Revisions to proposals may be permitted after submission and before award for the purpose of obtaining best and final offers as determined to be in the best interest of the District.

4.23. Cost of Submittal

Any cost incurred by the Bidder in responding to the solicitation is the responsibility of the Bidder and cannot be charged to the District.

4.24. Bonds

Bonds are required for public works projects. Bonds may be requested for other District projects. Bonds in the amounts prescribed below shall be required to be posted by the contractor as follows:

Bids $25,000 or more – Labor and Material Payment Bond – bond amount to be one hundred percent

(100%) of the total contract price.

Bids of $100,000 or more – Performance Bond – bond amount to be one hundred percent (100%) of total contract price.

Names of firms submitting bids shall be the same on the bid form, and all bonds. Bonds shall be issued by a Surety licensed to do business in the State of Texas and have an A.M. Best rating of a minimum of

A-VI. Performance and Labor and Material Payment Bonds shall be received in the Purchasing

Department within ten (10) days after notification of bid award. Bonds are to be submitted only on Collin

County Community College approved forms.

4.25. Wage Rate Schedule

The District has adopted prevailing wage rates in accordance with Texas Government Code Chapter

2258. Workers employed on a construction project for the District shall be paid not less than the current prevailing wage rate. The current prevailing wage rate may be obtained by contacting the District’s

Purchasing Department at bidline@collin.edu.

4.26. Term Contract

The vendor shall acknowledge the commencement of the contract and contract term dates referenced in the Response Requirements section. Renewals are dependent upon mutual agreement between the

District and the Vendor. Renewals may require Board approval.

4.27. Legal Compliance

Submittals must comply with all federal, state, county and local laws concerning this type of products/service/equipment/project and the fulfillment of all ADA (Americans With Disabilities Act) requirements.

4.28. Document/Site Familiarity

At the time of the receipt of bids, each Bidder shall be presumed to have inspected the sites (if applicable) and to have read and to be thoroughly familiar with the contract requirements. No plea of ignorance of conditions that exist or may hereafter exist or of difficulties that may be encountered in the execution of the intent of this contract, as a result of failure to make necessary investigations and examinations will be accepted as an excuse for any failure or omission on the part of the vendor to fulfill all the requirements of this contract.

4.29. Waiver of Claims

By this submittal, bidder agrees to and does hereby waive any and all claims it has or may have against

Collin County Community College District, and its trustees, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any submittal; (2) any requirements under the solicitation, request for qualifications package, or related documents; (3) the rejection of any submittal or any part of any submittal; (4) waiver by the Collin County Community

College District of any technicalities in the submittal package or any additional submittal; (5) waiver or change in any non-material provision of the solicitation package or materials that do not adversely and specifically affect the previously submitted qualifications or offers; and/or (6) the award of a contract, if any.

4.30. State of Texas Statutory Requirements

Collin College procurement is governed by laws or statutes as set forth by the Texas Legislature. Some of these mandate information or verification from Bidders and/or Vendors. Compliance is achieved by acknowledgment and/or completion of all required questions, documents and all information required to be submitted to the District by the Bidder.

4.31. Binding Contract

This solicitation, submitted documents, and any negotiations, when properly accepted by the District, shall constitute a contract equally binding between the vendor and the District. No different or additional terms shall become a part of this Contract/PO except as properly executed in an addendum or change order. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting Contract/PO.

4.32. Withdrawal of Solicitation

A submittal may not be withdrawn or canceled by the bidder prior to the ninety-first (91st) day following the date designated for the receipt of solicitation and only prior to award. With bidder concurrence, the

District may request an extension.

4.33. Additional Agreement

Any additional agreement that the supplier wishes to have considered as part of the resulting contract shall be attached and submitted with the response to this solicitation. Any agreement that is submitted after the closing date of the solicitation shall not be considered. Agreements in direct conflict with the terms and conditions of this solicitation may result in rejection of your response to the solicitation.

4.34. Unsolicited Contact

During the period between response submission date and the contract award date, Respondents, including their agents and representatives, shall not directly discuss or promote their response with any member of the District Board of Trustees or District staff except in the course of District-sponsored inquiries, briefings, interviews, or presentation, unless requested by the District. This includes inquiries requesting information on who is being recommended for award of the contract. Award/Non-Award notices will be sent to all respondents after the contract has been awarded. This provision is not meant to preclude

Respondents from discussing other matters with Board members or District staff. This provision is intended to create a level playing field for all Respondents, assure that contract decisions are made in public, and to protect the integrity of the solicitation process. Violation of this provision may result in rejection of the Respondent’s response.

5. Contract Terms, Conditions and Requirements

5.1. History & Growth Statement

Since offering its first classes at area high schools in 1985, Collin County Community College District has expanded to serve over 59,000 credit and non-credit students each year. The District currently offers classes at ten (10) campuses and centers throughout Collin County.

Vendors who are awarded district-wide contracts will be required to provide goods and services for existing and future campuses and centers, as applicable, at the terms, conditions and pricing as awarded herein. In the case of services, the District reserves the right to negotiate any additional cost with the awarded vendor to provide said services at the new campuses.

5.2. Applicability

These Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the District’s solicitation are applicable to Purchase Orders issued by the District and Contracts entered into between the District and the Vendor. No terms and conditions contained in the

Vendor’s Bid or Proposal, Invoice, or Statement shall modify these Terms and Conditions. If there is a conflict between these Terms and Conditions and Vendor’s submittal to the District’s solicitation documents (including the provisions of the Vendor’s form of contract), the Terms and Conditions of the

District will take precedence and control.

5.3. Contract Term

The contract term and anticipated commencement date are indicated in the Special Terms and/or

Statement of Work section of the solicitation. The vendor shall acknowledge the commencement of the contract and contract term dates in the Response Requirements section.

5.4. Estimated Quantities

Approximate or historical usage does not constitute an order, but only implies the probable quantity the

District will use based on past history. The District reserves the right to increase or decrease the quantities or cancel any item to be furnished. The successful Vendor shall have no claim against the District for anticipated profits for quantities diminished or deleted. Items will be ordered on an as-needed basis.

Following the contract award, additional products or services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added.

5.5. F.O.B. will be Destination/Inside Delivery/Installation/Freight Prepaid

The price will be firm lump-sum all-inclusive cost for all goods, services, work, transportation, and all other costs of whatsoever nature for each item listed. C.O.D. shipments or deliveries are not permitted.

5.6. Delivery Schedule

The vendor shall notify the Purchasing Department immediately if delivery/completion schedule cannot be met. If delay is foreseen, the vendor shall give a written notice to the Purchasing Department. The

District has the right to extend delivery time if reason appears valid. The District reserves the right to cancel orders and/or assess financial penalties if the vendor fails to make delivery as promised.

5.7. Working Day or Days

Shipments should be scheduled for delivery between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding District holidays.

5.8. Delivery Site

If the vendor is required to deliver to a specified room and install, the vendor shall remove all packing and debris which results from set-up and installation. Owner dumpsters shall not be used.

All materials shall be scheduled for shipment direct to the building site as specifically scheduled with

District’s representative and shall be moved directly to the assigned floor and room. The Vendor shall be responsible for receiving and handling all materials and shall bear all risks of loss, theft, or damage to all materials until installed in the designated location and accepted by the District. The District will not accept pre-deliveries direct to the site.

5.9. Installation

If installation is required, the Vendor shall provide a sufficient force of skilled installers familiar with and experienced in installing the product. Vendor must agree to provide an installation supervisor or overseer who is factory trained and familiar with the specific product to be installed.

In the case of specific building projects, approximate installation dates will be listed on the District’s purchase order. Exact delivery and installation will be dependent on completion of building and will be scheduled by an authorized District representative. The District will not accept any items before the scheduled delivery date. The District shall not be responsible for any warehouse charges incurred by the Vendor before deliveries are made.

5.10. Additional Work

The District shall have the right to schedule other work or let other contracts for work to be done, on the same sites and while delivery and installation is being conducted under this contract.

5.11. Title and Risk of Loss

Goods and materials must be packaged in a way that prevents damage in transit. Damaged goods will not be accepted, or if the damage is not readily apparent at the time of delivery, the goods shall be returned or picked up at no cost to the District. The District reserves the right to inspect the goods within seven (7) business days subsequent to delivery where circumstances or conditions prevent effective inspection of goods at time of delivery. Title and risk of loss of the goods will not pass to the District until the District actually receives, takes possession of, and inspects and accepts the goods at the point or points of delivery.

Without limiting any provision of law, Vendor warrants that it has good and indefeasible title to all goods furnished hereunder, and that the goods are free and clear of all liens, claims, security interests and encumbrances. Vendor shall indemnify and hold the District harmless from and against all adverse title claims to the goods.

5.12. Claims Against Carrier

Vendor shall be responsible for all claims against the carrier for all freight and/or drayage damage. The

District assumes no liability for goods delivered in damaged or unacceptable condition. Vendor shall ship replacement goods immediately upon notification by District of damage. Shipments shall be made to the specific locations and in compliance with specific delivery information described in the District’s purchase order. No such loss shall release Vendor from any obligation.

5.13. Performance

The District shall have the authority to disapprove or reject unsatisfactory work, services or equipment. If required by the District, the vendor shall promptly, as directed, correct all unsatisfactory work and replace all defective equipment. Vendor shall bear all direct, indirect and consequential costs of such correction.

5.14. Property Damage

The Vendor shall be held responsible for and shall make good, without expense to the District, any and all damage, injury, or loss due to the execution of work. The Vendor shall protect all finished building surfaces from damage and shall repair any damage to the building or property caused by delivery or installation of the product.

The Vendor shall be responsible for reporting, in writing within forty-eight (48) hours of the occurrence, damage to District’s property. Failure to make report to the Campus Facility Manager of the occurrence within the specified time may be cause for termination of this contract.

5.15. Tax Exempt

The District is by statute a Tax-Exempt public institution; therefore, the proposed price shall not include taxes.

5.16. Firm Price

Pricing shall remain consistent during the initial term of the contract. Percentage discounts shall remain consistent through the entire term of the contract.

5.17. Price Guarantee

Bidder warrants the prices quoted in its bid are no higher than Bidder’s current prices on orders by others for like goods under similar terms of purchase.

5.18. Competitive Pricing

The District reserves the right to consider Interlocal and Cooperative Agreements and State/Federal contracts in determining the best value for the District.

5.19. Price Reduction

If during the life of the contract, the vendor’s net prices to its customers for the same product(s) and/or services shall be reduced below the contracted price, it is understood and agreed that the District shall receive such price reduction.

5.20. Price Redetermination

The District may consider a price redetermination at the anniversary date of the contract. All requests for price redetermination shall be in writing and shall include documents supporting price redetermination such as Manufacturer’s direct cost, postage rates, Railroad Commission rates, Federal/State minimum wage law, Federal/State unemployment taxes, F.I.C.A., Insurance Coverage Rates, etc. The bidder’s past performance of honoring contracts at the offered price will be an important consideration in the evaluation of the best value offer.

The District reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the District. All other terms and conditions remain the same for the duration of the contract.

5.21. Unit Price

When unit price differs from extended price; the unit price prevails.

5.22. Description Prevails

In case of a discrepancy between the product number and description, the description shall take precedence.

5.23. Specific Descriptive References

When manufacturers are named in the specification, they are not meant to limit competition, but to define the minimum standard, quality, and performance of the item specified.

5.24. Materials

All materials supplied will be new, first quality industrial-grade products.

5.25. Exceptions to Specifications

The District will be responsible for determining if a substitution is acceptable. When offering products other than those specified, the District reserves the right to request a sample/demo of the product for evaluation. In such cases, the bidder must provide a sample/demo of the product at no charge to the

District within three (3) business days of the request and must pick up the product after the evaluation, upon notice, within ten (10) business days. The District reserves the right to keep any samples provided in order to compare the quality of goods being purchased to those samples provided prior to award. Failure to provide an evaluation product within the three (3) day period may disqualify the Bidder from further consideration.

During the life of the contract, the District may require samples of products and vendor agrees to provide those samples at no additional cost to the District. Samples will be returned to the vendor upon request.

5.26. Indemnification

The Vendor agrees to indemnify, hold harmless and defend the District, its officers, agents and employees, both past and present, and all entities, their officers, agents and employees who are participating in this contract from and against liability for any and all claims, liens, suits, demands, and actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, (including court costs, attorneys’ fees and other reasonable costs of litigation) arising out of or resulting from Vendor’s work and activities conducted in connection with or incidental to this Contract and from any liability arising out of or resulting from intentional acts or negligence of the Vendor, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Vendor, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and other persons.

It is the express intention of the parties hereto, both the District and the Vendor, that the indemnity provided for in this Contract indemnifies and protects the District from the consequences of the

District’s own negligence.

The Vendor further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, agents, employees, subcontractors, licensees, invitees, and other persons, as well as their property, while in the vicinity where the work is being done. It is expressly understood and agreed that the District shall not be liable or responsible for the negligence or other fault of the Vendor, its officers, agents, employees, subcontractors, licensees, invitees, or other persons associated with the Vendor.

The Vendor agrees to indemnify and save the District harmless from all claims growing out of any demands of subcontractors, laborers, workers, mechanics, materialmen, and furnishers of supplies, equipment, financing, or any other goods or services, tangible or intangible. When the District so desires, the Vendor shall furnish satisfactory evidence that all obligations of nature hereinabove designated have been paid discharged or waived.

5.27. Indemnification – Architects and Engineers

Clause only applies to solicitations and contracts involving architectural or engineering services.

BIDDER SHALL INDEMNIFY AND HOLD HARMLESS COLLIN COUNTY COMMUNITY

COLLEGE DISTRICT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,

REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY

AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED

DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY,

ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL

TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY,

AND/OR OTHERWISE RELATED TO BIDDER’S PERFORMANCE, AND/OR FAILURES TO

PAY A SUBCONTRACTOR OR SUPPLIER BY THE BIDDER OR ITS AGENTS, EMPLOYEES,

SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO

BIDDER, OR ANY OTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES

CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR

PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY

BIDDER WITH THE OFFICE OF THE DISTRICT PRESIDENT WHEN COLLIN COLLEGE IS

NAMED DEFENDANTS IN ANY LAWSUIT AND BIDDER MAY NOT AGREE TO ANY

SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE

OF THE DISTRICT PRESIDENT. BIDDER AND COLLIN COLLEGE AGREE TO FURNISH

TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

5.28. Independent Contractor

Vendor acknowledges that Vendor is an independent contractor of the District and that Vendor is not an employee, agent, official or representative of the District. Vendor shall not represent, either expressly or through implication, that Vendor is an employee, agent, official or representative of the District. Any income taxes, self-employment taxes, social security taxes and the like are the sole responsibility of the

Vendor.

Nothing contained in this Contract shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Contract.

5.29. Security Requirements

The Vendor shall be responsible for training its employees in the security requirements of the District and shall be responsible for enforcing the security rules of the District as they apply to its employees. In addition to any other security rules and regulations, the Vendor shall inform his/her employees of the following:

• No guns, knives, or other dangerous weapons are allowed on the premises.

• No dangerous drugs, or other prohibited substances, including alcohol are allowed on premises.

• All keys needed to access the building will be furnished by the Facility Manager to the

Vendor. All keys remain the property of the District and shall not be duplicated by the Vendor or his/her employees.

• All District campuses are “Tobacco Free”. This includes parking lots and the use of smokeless tobacco.

To the extent permitted by law, Vendor shall be required to adopt and maintain during the term of the contract with the District, an employee policy requiring that an employee of the Vendor submit to a polygraph test in the event that the employee is suspected of an illegal or unlawful act, the results of which shall be provided to the Chief Financial Officer for the District.

5.30. Purchase Order Required

A purchase order(s) shall be generated by the District and issued by an individual in the Purchasing

Department with the authority to obligate District funds. Vendors supplying goods or services without valid authorization in writing do so at their own risk. The District does not guarantee payment of any goods or services provided without valid authorization in writing. The only exception to this is payment by a District issued procurement card, which will bear the name of the District on the card.

5.31. Invoices

Unless otherwise notified, one copy of all invoices must be sent or e-mailed to the Accounts Payable

Department at the address on the Contract/PO. Invoices shall include vendor’s name and phone number, purchase order number and clearly list quantities, item description and units of measure in order to insure prompt payment.

5.32. Payment

Payment will be made in accordance with Texas Government Code, Subchapter B. Payments and

Interest, Chapter 2251.021 (b). If your company provides a discount for early payment, indicate in the space provided in the Response Requirements section of this solicitation. This will not be considered an evaluation factor in the award of the solicitation.

The District will not make a prepayment, down payment, or partial payment for goods. Components that are a part of a single line item shall not be invoiced separately. A single line item is not considered complete until all components needed to render the item complete are received. Payment will be made, per statutory requirements, after the later of:

• the date the District receives the goods under the contract;

• the date the performance of the service under the contract is completed; or

• the date the District receives an invoice for the goods or service.

5.33. Method of Payment

The fees and pricing submitted by the vendor/contractor in their bid, quote, or proposal, and accepted by the District, are inclusive of applicable payment terms, as well as, any and all fees incurred by the vendor/contractor through their financial institution(s) in accepting any of the below referenced payment methods. No additional fees or charges to the District shall be added to the invoice or paid by the District.

The method of payment will be at the District's sole discretion using any of the methods listed below:

1) Check;

2) A District credit card - otherwise referred to as a "payment card" or "P-card";

3) Automated Clearing House (ACH);

4) Electronic Payment (E- Payment, also referred to as e-Payables).

5.34. Termination

The District at any time after issuance of this agreement, by written notice, has the absolute right to terminate this agreement for cause or convenience.

5.35. Performance Breach or Default

The District reserves the right to enforce the performance of this contract in any manner prescribed by law and deemed to be in the best interest of the District in the event of breach or default of this contract.

The District reserves the right to terminate the contract immediately in the event the vendor fails to meet schedules or otherwise performs in accordance with these specifications. Breach of contract or default authorizes the District to purchase the services from the next low bidder or rebid and charge the difference in cost to the defaulting vendor.

5.36. Termination for Cause or Convenience

The District, at any time, by thirty (30) days written notice to the Vendor, has the absolute right to terminate this Contract/PO, in whole or in part, for cause or for convenience (that is, for any reason or for no reason whatsoever). “Cause” means the Vendor’s refusal or failure to perform or complete its obligations under this Contract/PO within the time specified and to the District’s satisfaction, or failure to meet the specifications, quantities, quality and/or other requirements specified in the Contract/PO. If the

District terminates this Contract/PO for cause, the Vendor shall be liable for any damages suffered by the

District. If the agreement is terminated for convenience, the Vendor has no further obligation under this

Contract/PO. Upon receipt of a notice of termination, Vendor shall promptly cease all further work pursuant to the Contract/PO, with such exceptions, if any, specified in the notice of termination. Payment shall be made to cover the cost of goods delivered and services performed, and obligations incurred prior to the date of termination in accordance with the terms hereof. However, in no event shall the vendor be paid an amount, which exceeds the bid/offer price for the work performed. The vendor shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

5.37. Force Majeure

Neither Contractor nor the District shall be liable to the other for any delay in, or failure of performance, of any requirement included in any PO resulting from this bid caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome.

Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

5.38. Governing Law and Venue

This contract shall be governed by and construed according to the laws of the State of Texas. Venue for any action related to this agreement shall be in Collin County, Texas.

5.39. Federal, State, and Local Law

The vendor shall comply with all laws, ordinances, rules, and regulations, including Federal, State, and local. Written notice of any non-compliance shall be submitted to the authorized District Representative, with proof of receipt, within three (3) business days. Without such written notice, the vendor shall bear all costs arising from any non-compliance.

All, goods and services furnished under this contract shall comply with applicable laws, ordinances, and regulations.

5.40. Antitrust Affirmation

Bidder represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Bidder nor the firm, corporation, partnership, or institution represented by Bidder, or anyone acting for such a firm, corporation or institution has (1) violated any provision of the Texas Free

Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this submittal to any competitor or any other person engaged in the same line of business as Bidder.

5.41. Equal Opportunity Employer

Bidder represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Personnel relations of the Vendor's employees shall be the

Vendor's responsibility, including compliance with all applicable government regulations related to the employment of personnel. The Vendor shall be an Equal Opportunity Employer and shall neither discriminate nor permit discrimination in its operations or employment practices against any person or group of persons on the grounds of race, color,…