Asset_Management_and_Capital_Planning_Software_System_(Addendum_#2_Revision).pdf

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Collin County, TX

REQUEST FOR PROPOSAL

2025-082

ASSET MANAGEMENT AND CAPITAL PLANNING SOFTWARE SYSTEM

RELEASE DATE: July 29, 2025

RESPONSE DEADLINE: September 18, 2025, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Request For Proposal #2025-082 Title: Asset Management and Capital Planning Software System

Table Of Contents

1. INTRODUCTION

2. PURPOSE / REQUIREMENTS

3. SPECIAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. EVALUATION

6. GENERAL INSTRUCTIONS

7. TERMS OF CONTRACT

8. VENDOR RESPONSE AND PROPOSAL FORMAT

9. ATTACHMENTS

Attachments:

A - 2025-082_LEGAL_NOTICE

B - Exceptions

C - CIQ Form

D - W9

E - Attachment E - Requirements

F - Attachment F - Collin County SaaS Subscription Agreement

G - Attachment G - In Scope Building List

H - Attachment H - 2025-082 Pricing Proposal

1. INTRODUCTION

1.1. SUMMARY

Collin County's intent of this Request for Proposal (RFP) and resulting contract is for a standalone Asset

Management and Capital Planning Software System and Facility Condition Assessment (FCA.) This software system and FCA will facilitate informed decision-making on building condition, capital layouts, project costs, building lifecycle, and deferred maintenance into a central location.

Collin County anticipates the contract to begin in November 2025 and continue for an initial terms of three (3) years. The County may extend the contract for two (2) additional one-year terms at its sole discretion.

1.2. TIMELINE

RFP Released: July 29, 2025

Deadline for Submission of Questions: August 27, 2025, 2:00pm

Response Submission Deadline: September 18, 2025, 2:00pm

Interviews / Demonstrations - Optional: October 6, 2025

2. PURPOSE / REQUIREMENTS

2.1. Background

Collin County is considered an extension of state government. The biggest focus of county government is judicial (civil and criminal justice, adult and juvenile probation), human services, law enforcement and jail services.The County is responsible for road and bridge maintenance in unincorporated areas, maintaining public records, collecting property taxes, issuing vehicle registrations and transfers, registering voters, conducting elections, and providing health and social services to indigent county residents.

The County facilities include a courthouse and more than a dozen county facilities that serve the public.

Administrative offices are located in McKinney, TX, as is the justice center, jail, public works, animal services and health care services.

The County currently uses several information management systems to complete various asset management functions. There is no centralized system used to manage asset data across all departments, and multiple systems are used to complete various functions. Currently, the primary systems used to manage asset data are

Microsoft Excel and Tyler Munis, the County's financial ERP system. The County Facilities department utilizes an Excel spreadsheet for building asset inventory such as exterior facades, flooring, ceiling grids, air handlers, lighting, generators, etc. Tyler Munis is utilized for service requests, work orders, equipment asset inventory, and asset maintenance/updates.

The County's goal is to implement and utilize an Asset Management and Capital Planning software system that will centralize existing capital asset data, improve budgeting and prioritizing capital planning projects to improve operations, equipment downtime and funding process. By optimizing future construction and facilities planning practices, the County's workflow efficiency and decision-making process will be streamlined.

While other components of asset management (service requests, work orders, equipment asset inventory) are not currently required of the requested software solution, the County may consider those functionalities as a value add for future incorporation.

2.2. Requirements

The proposed solution is expected to implement the following high level system functions:

• Asset Management

• Facility and Asset Cost Management

• Facility and Capitol Management Strategy Planning

• Risk Matrix Generation

• Lifecycle Cost Analysis

• Funding Analysis

• Project Bundling

• Project Prioritization

• Custom Reporting and Dashboard

For the complete list of system requirements, see "Attachment E - Requirements".

Requirements that require a detailed response shall be submitted as a separate attachment titled "Detailed

Response to Requirements". The responses shall be in order and include the reference numbers within this document.

Any responses that are answered as a "Yes" indicate that the proposed solution will fully comply with no setup required, configurable with no changes to source code, or are provided with reporting tool. If the functionality is not available at this time, the response shall be answered as "No" and shall be included in your proposal as

"exceptions" with further explanation. Refer to Section 8.2 of the specifications for more details on

Exceptions.

3. SPECIAL CONDITIONS

3.1. AUTHORIZATION

By order of the Commissioners Court of Collin County, Texas sealed proposals will be received for 2025-082

Asset Management and Capital Planning Software System.

3.2. INTENT OF REQUEST FOR PROPOSAL

Collin County’s intent of this Request for Proposal (RFP) and resulting contract is to provide contractors with sufficient information to prepare a proposal for an Asset Management and Capital Planning Software System.

3.3. TERM

Provide for a term contract commencing Upon Award with an initial terms of three (3) years. The County may extend the contract for two (2) additional one-year terms at its sole discretion.

3.4. POINT OF CONTACT

Information regarding the purchasing process and the contents of this RFP may be obtained from the Collin

County Purchasing Department or email Lera Miller, Buyer at lmiller@co.collin.tx.us.

3.5. FUNDING

Funds for payment have been provided through the Collin County budget approved by the Commissioners

Court for this fiscal year only. State of Texas statutes prohibit the County from any obligation of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that arise past the end of the current Collin County fiscal year shall be subject to budget approval.

3.6. COMPLETION/RESPONSE TIME

Contractor shall place product(s) and/or complete services at the County’s designated location within the number of calendar days according to the schedule proposed by contractor.

3.7. DELIVERY/SETUP/INSTALLATION LOCATION

Locations for delivery and installation will be stated on the Collin County Purchase Order(s). Delivery shall include assembly, setup and installation and shall be included in proposal. Below is the address for work to be completed.

4600 Community Avenue, McKinney, TX 75071

3.8. TESTING

Testing may be performed at the request of Collin County, by an agent so designated, without expense to

Collin County.

3.9. SAMPLES/DEMOS

When requested, samples/demos shall be furnished free of expense to Collin County.

3.10. ESTIMATED EXPENDITURE

Estimated expenditure for the initial implementation and 1st year of service/software is two-hundred and fifty thousand dollars ($250,000.00) annually.

3.11. BACKGROUND CHECK

All Contractor employees that will be working on site or by Remote Access shall pass a background check performed by Collin County before any work may be performed. The selected contractor shall be provided the required information for background checks.

3.12. SUBCONTRACTORS

Contractor shall state names of all subcontractors and the type of work they will be performing. If a contractor fails to specify a subcontractor, then he shall be deemed to have agreed that he is fully qualified to perform the contract himself, and that he will fully perform the contract himself.

No proposer whose proposal is accepted shall (a) substitute any subcontractor, or (b) permit a subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original proposal without approval in writing from the Collin County

Purchasing Department.

The successful proposer further agrees that Collin County and its agents, servants and employees shall not be liable for any loss or damage resulting from personal injury, physical loss, harassment of or discrimination against employee or other violations of the provisions of this contract occasioned by the acts or omissions of the successful proposer’s sub-contractors, their agents or employees. The indemnification provisions of this contract shall apply to all sub-contractors.

3.13. CONFIDENTIAL OR PROPRIETARY INFORMATION

Collin County is subject to the Texas “Public Information Act”, Texas Government Code Chapter

552. Contractors shall identify those portions of their proposals that they deem to be confidential, proprietary information or trade secrets. Contractors shall clearly indicate each and every section to which this applies. It is not sufficient to preface the entire proposal with a proprietary statement. State of Texas Attorney General retains the final authority as to the extent of material that is considered proprietary or confidential.

3.14. PROPOSAL SCHEDULE

Collin County reserves the right to change the schedule of events as it deems necessary.

RFP Released: July 29, 2025

Deadline for Submission of Questions: August 27, 2025, 2:00pm

Response Submission Deadline: September 18, 2025, 2:00pm

Interviews / Demonstrations - Optional: October 6, 2025

4. INSURANCE REQUIREMENTS

4.1 Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County Purchasing

Agent with certified copies of all insurance certificate(s) indicating the coverage to remain in force throughout the term of this contract.

4.1.1 Commercial General Liability insurance including but not limited to the coverage indicated below. Coverage shall not exclude or limit Products/Completed Operations, Contractual Liability, or Cross

Liability. Coverage must be written on occurrence form.

Each Occurrence $1,000,000

Personal Injury &Adv Injury $1,000,000

Products/Completed Operation Aggregate $2,000,000

General Aggregate $2,000,000

4.1.2 Workers Compensation insurance as required by the laws of Texas, and Employers’ Liability.

Employers Liability

Liability, Each Accident $500,000

Disease - Each Employee $500,000

Disease - Policy Limit $500,000

4.1.3 Commercial Automobile Liability insurance which includes any automobile (owned, non-owned, and hired vehicles) used in connection with the contract.

Combined Single Limit - Each Accident $1,000,000

4.1.4 Professional/Errors & Omissions Liability insurance with a two (2) year extended reporting period. If you choose to have project coverage endorsed onto your base policy, this would be acceptable.

Each Occurrence/Aggregate $1,000,000

4.1.5 Umbrella/Excess Liability insurance

Each Occurrence/Aggregate $1,000,000

4.1.6 Cyber Liability insurance for the duration of the contract for claims arising out of vendors’ services and including, but not limited to, loss, damage, theft, or other misuses of data, infringement of intellectual property, invasion of privacy and breach of data. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by vendor in the contract. It shall include, but is not limited to, claims involving infringement of intellectual property, including infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations. If vendor maintains broader coverage and/or higher limits than the minimums shown above, Collin County requires and shall be entitled to the broader coverage and/or higher limits maintained by vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Collin County. If coverage is written on a claims-made basis, then coverage shall be maintained for three (3) years after contract termination. Coverage shall be procured from an insurer with a Best’s rating of “A” or better and a Class “VIII” financial rating. Vendor shall provide certificate(s) of insurance on the standard ACORD forms confirming the required coverage.

Additionally, Collin County does not allow a limitations clause that limits the amount of damages to an amount below the required cyber liability insurance. The vendor shall be responsible for Collin County’s data in the event of a breach, regardless of negligence. It shall not be the County’s responsibility to prove negligence.

Each Occurrence/Aggregate $2,000,000

4.2 With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows:

4.2.1 A waiver of subrogation in favor of Collin County, its officials, employees, volunteers and officers shall be provided for General Liability, Commercial Automobile Liability, and Workers’ Compensation.

4.2.2 The vendor's insurance coverage shall name Collin County as additional insured under the General

Liability policy.

4.2.3 All insurance policies shall be endorsed to require the insurer to immediately notify Collin County of any decrease in the insurance coverage limits.

4.2.4 All insurance policies shall be endorsed to the effect that Collin County will receive at least thirty

(30) days notice prior to cancellation, non-renewal or termination of the policy.

4.2.5 All copies of Certificates of Insurance shall reference the project/contract number.

4.2.6 All insurance shall be purchased from an insurance company that meets the following requirements:

4.2.6.1 A financial rating of A-VII or higher as assigned by the BEST Rating Company or equivalent.

4.2.7 Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following:

4.2.7.1 Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.

4.2.7.2 Sets forth the notice of cancellation or termination to Collin County.

5. EVALUATION

The award of the contract shall be made to the responsible Proposer whose proposal is determined to be the lowest and best evaluated offer resulting from negotiation, taking into consideration the relative importance of price and other factors set forth in the RFP in accordance with Local Government Code 262.030. The County reserves the right to determine the suitability of proposals based on all of these criteria.

The evaluation committee will review all proposals received by the proposal due date as part of a documented evaluation process. For each decision point in the process, the County will evaluate Proposers according to specific criteria and will elevate a certain number of Proposers to compete against each other.

The County will use a competitive process based upon “selection levels or phases”. The County recognizes that if a Proposer fails to meet expectations during any part of the process, it reserves the right to proceed with the remaining Proposers or to elevate another Proposer that was not elevated before. The following describes the selection levels.

FOUNDATIONAL EVALUATION PHASE:

The first part of the elevation process is to validate the completeness of the proposal and ensure that all the

RFP guidelines and submittal requirements are met. Those Proposers who do not meet all the requirements for the RFP may, at the discretion of the County, be contacted to submit the missing information. Proposers must submit information within two business days. Proposers may be disqualified if RFPs are incomplete or noncompliant. Proposers should carefully read the information contained herein and submit a complete response to all requirements and questions as directed. Completed proposals will be elevated to EVALUATION

PHASE 1.

EVALUATION PHASE 1:

The evaluation committee will conduct a detailed assessment of all completed proposals. Criteria evaluated in

Evaluation Phase 1 is outlined in the table below. Proposers elevated to Phase 1 may be asked to respond in writing to issues and questions raised by the County, as well as any other cost and implementation planning considerations in the proposal. It is anticipated that Collin County will elevate proposals scoring at least 70 points (70%) to EVALUATION PHASE 2.

Proposers who are elevated to Phase 2 will have their cost and optional interview evaluated for a total of up to a possible 60 points and will have these points combined from Phase 1 for a possible maximum of 160 points total.

EVALUATION PHASE 2:

The evaluation committee may request a technical question interview or presentation from shortlisted proposers (if desired) in Phase 2. Proposers are cautioned, however, that oral presentations are at the sole discretion of the committee and the committee is not obligated to request an interview. The oral presentation is an opportunity for the evaluation committee to ask technical questions and seek clarification of the proposal submitted. The presentation is not meant as an opportunity for the Proposer simply to provide generic background information about the corporation or its experience. Thus, the time will be structured with a minimum time for the Proposers to present and the majority of time dedicated to addressing technical questions from the evaluation committee. The oral presentations, if held, will be scheduled accordingly and all shortlisted Proposers will be notified of time and date. Proposals may be re-evaluated on criteria in previous phases.

EVALUATION PHASE 3:

Proposers who are susceptible of receiving the award will be elevated to Phase 3 for Best and Final Offer.

Proposals may be re-evaluated on criteria in previous phases. Based on the information collected in this phase, a single Proposer will be identified as the finalist for contract negotiations. If a contract cannot be reached after a period deemed reasonable by the County, it reserves the right to contact any of the other Proposers that have submitted proposals and enter into negotiations with them.

EVALUATION PHASE 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Overview, Qualifications, Customer Service, and Support

This criterion will be used to assign points based on submission and review of the following:

Assess the proposers strengths and weaknesses to align with needs of the County

Evaluate the proposers demonstration of its ability to innovate and deliver results

Assess proposers background, experience, and qualifications to determine if able to successfully meet contract requirements

• The education, experience, and accomplishments of key personnel will be evaluated to determine the degree to which they possess the qualifications to perform their proposed duties under the contract

• Proposer's process verifying staff technical and professional qualifications and what are their current certifications

• Methodology implemented for recruitment, screening, training, and employee retention

Responsiveness and availability of support for trouble tickets, resolution turnaround time, knowledge of solution by support team

Points Based 15 (15% of Total)

2. Evidence of Experience, References, and

Similar Projects

This criterion will be used to assign points based on submission and review of the following:

• Proposer experience in providing services similar to that requested in the RFP

• Consider the quality of past performance and relevance of similar projects

• Consider relevant experience and references listed by the Proposer

• Similar projects and level of proposers success

• Documented successful case studies of the system and its benefits to the capital planning process

The County will contact the references. These references will be asked a series of questions regarding their satisfaction with the solution and the performance of the implementation supplier.

As a part of the references, the

County may choose to visit sites where the proposed software is in live production may be re-evaluated based upon levels.

Points Based 5 (5% of Total)

3. Approach to Requirements

This criterion will be used to assign points based on submission and review of the

Attachment E - Requirements:

General Requirements - Assess the overall proposed system and timeline.

Functional Requirements - Measures how well the solution achieves its intended purpose and scalability of solution.

Technical Requirements / Questionnaire -

Assess the solution's ability to deliver the required technical functionality.

Assessments - Assess the proposers plan for completion of assessments.

Points Based 65 (65% of Total)

4. Project Plan, Implementation and Timeline

This criterion will be used to assign points based on submission and review of the following:

• Proposer’s approach to and understanding of the requirements required in the RFP as evidenced by the proposed system solution

• Project schedule, timelines, milestone, deliverables and detailed approach is reasonable/responsive to

County's needs

• Ability to meet the service requirements described in

Attachment E - Requirements

• Identification of critical or unique issues specific to the project

• Adequacy of proposed communications process

Points Based 15 (15% of Total)

EVALUATION PHASE 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Detailed Proposal Cost

Determination of cost and pricing data: Consider whether all elements of cost and pricing conform to the requirements of the

RFP.

Points will be assigned based on a “Ratio

Method.” The proposer’s cost must include the delivery of the proposed services, as well as any recurring costs (if any) as delineated in the

Scope of Work and the PRICE PROPOSAL.

With this method, the proposal with the lowest cost receives the maximum points allowed. All other proposals receive a percentage of the points available based on their cost relationship to the lowest price. This is determined by applying the following formula:

Lowest Price / Evaluated Price X maximum points available = Awarded Points

Example: The cost for the lowest proposal is

$100,000. The next lowest proposal has a cost of $125,000. The total points available for cost

= 30 points.

( $100,000 / $125,000 ) X 30 = 24 points

Reward Low Cost 35 (58.3% of Total)

2. Technical Question Interview, Software

Demonstration - Optional

The evaluation committee may request an oral technical question interview or software demonstration in Level 3. Shortlisted proposers must be available to participate in an oral interview including the proposed project manager and key personnel. The County will not be liable for any costs incurred in connection with such interviews (i.e., travel, accommodations, etc.)

• Clarification of information submitted in a proposal

• Technical interview and demonstration of proposed software

The County reserves the right to award a contract to a Proposer solely based on their initial written proposal submitted without any further interview, discussion and negotiations.

Points Based 25 (41.7% of Total)

6. GENERAL INSTRUCTIONS

6.1. DEFINITIONS

1. Offeror: refers to submitter.

2. Vendor/Contractor/Provider: refers to a Successful Vendor/Contractor/Service Provider.

3. Submittal: refers to those documents required to be submitted to Collin County, by an Offeror.

4. RFP: refers to Request for Proposal.

5. CSP: refers to Competitive Sealed Proposal

6.2. GENERAL INSTRUCTIONS

1. If Offeror does not wish to submit an offer at this time, please submit a No Proposal response.

2. Awards shall be made not more than ninety (90) days after the time set for opening of Submittals.

3. Collin County is always conscious and extremely appreciative of your time and effort in preparing your

Submittal.

4. Collin County exclusively uses OpenGov eProcurement Portal for the notification and dissemination of all solicitations. The receipt of solicitations through any other company may result in your receipt of incomplete specifications and/or addenda which could ultimately render your Submittal non-compliant. Collin County accepts no responsibility for the receipt and/or notification of solicitations through any other company.

5. A Submittal may not be withdrawn or canceled by the Offeror prior to the ninety-first (91st) day following public opening of Submittals and only prior to award.

6. It is understood that Collin County, Texas reserves the right to accept or reject any and/or all

Proposals/Submittals for any or all products and/or services covered in a Request For Proposal (RFP) and Competitive Sealed Proposal (CSP), and to waive informalities or defects in Submittals or to accept such Submittals as it shall deem to be in the best interest of Collin County.

7. All RFPs and CSPs submitted in hard copy paper form shall be submitted in a sealed envelope, plainly marked on the outside with the RFP/CSP number and name. A hard copy paper form Submittal shall be manually signed in ink by a person having the authority to bind the firm in a contract. Submittals shall be mailed or hand delivered to the Collin County Purchasing Department.

8. Submittals via email, oral, telegraphic or telephonic will not be accepted. RFPs and CSPs may be submitted in electronic format via Collin County eProcurement Portal.

9. All RFPs and CSPs submitted electronically via Collin County eProcurement Portal. shall remain locked until official date and time of opening as stated in the Special Terms and Conditions of the RFP and/or

CSP.

10. Time/date stamp clock in Collin County Purchasing Department shall be the official time of receipt for all RFPs and CSPs submitted in hard copy paper form only, no flash drives, CD-ROMs or any other form of “plug and play” portable storage device will be accepted as a Submittal. RFPs, and CSPs received in the Collin County Purchasing Department after submission deadline shall be considered void and unacceptable. Absolutely no late Submittals will be considered. Collin County accepts no responsibility for technical difficulties related to electronic Submittals.

11. For hard copy paper form Submittals, any alterations made prior to opening date and time must be initialed by the signer of the RFP/CSP, guaranteeing authenticity. Submittals cannot be altered or amended after submission deadline.

12. Collin County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the prices submitted shall not include taxes.

13. Any interpretations, corrections and/or changes to a RFP or CSP and related Specifications or extensions to the opening/receipt date will be made by addenda to the respective document by the

Collin County Purchasing Department. Questions and/or clarification requests must be submitted no later than the date specified in the solicitation. Those received at a later date may not be addressed prior to the public opening. Sole authority to authorize addenda shall be vested in Collin County

Purchasing Agent as entrusted by the Collin County Commissioners Court. Addenda may be transmitted electronically via Collin County eProcurement Portal.

i. Addenda will be transmitted to all that are known to have received a copy of the RFP/CSP and related Specifications. However, it shall be the sole responsibility of the Proposer to verify issuance/non-issuance of addenda and to check all avenues of document availability (i.e.

https://procurement.opengov.com/portal/collincountytx telephoning Purchasing Department directly, etc.) prior to opening/receipt date and time to insure Offeror’s receipt of any addenda issued. Offeror shall acknowledge receipt of all addenda.

14. All materials and services shall be subject to Collin County approval.

15. Collin County reserves the right to make award in whole or in part as it deems to be in the best interest of the County.

16. Any reference to model/make and/or manufacturer used in specifications is for descriptive purposes only. Products/materials of like quality will be considered.

17. Offerors taking exception to the specifications shall do so at their own risk. By offering substitutions, Offeror shall state these exceptions in the section provided in the RFP/CSP or by https://procurement.opengov.com/portal/collincountytx attachment. Exception/substitution, if accepted, must meet or exceed specifications stated therein. Collin County 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 County.

18. Minimum Standards for Responsible Prospective Offerors: A prospective Offeror must meet the following minimum requirements:

i. have adequate financial resources, or the ability to obtain such resources as required;

ii. be able to comply with the required or proposed delivery/completion schedule;

iii. have a satisfactory record of performance;

iv. have a satisfactory record of integrity and ethics;

v. be otherwise qualified and eligible to receive an award.

Collin County may request documentation and other information sufficient to determine Offeror’s ability to meet these minimum standards listed above.

19. Vendor shall bear any/all costs associated with its preparation of a RFP/CSP Submittal.

20. Public Information Act: Collin County is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. All information submitted by prospective Offerors during the solicitation process is subject to release under the Act.

21. The Offeror shall comply with Commissioners Court Order No. 2004-167-03-11, County Logo Policy.

22. Interlocal Agreement: Successful Offeror agrees to extend prices and terms to all entities that has entered into or will enter into joint purchasing interlocal cooperation agreements with Collin

County. Delivery to governmental entities located within Collin County will be at no additional charge or as otherwise provided for in the award document. Delivery charges, if any, for governmental entities located outside of Collin County shall be negotiated between the Vendor and each governmental entity.

23. Proposal Openings: All proposals submitted will be read at the County’s regularly scheduled proposal opening for the designated project. However, the reading of a proposal at proposal opening should be not construed as a comment on the responsiveness of such proposal or as any indication that the

County accepts such proposal as responsive.

The County will make a determination as to the responsiveness of proposals submitted based upon compliance with all applicable laws, Collin County Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The County will notify the successful Offeror upon award of the contract and, according to state law; all proposals received will be available for inspection at that time.

24. Offeror shall comply with all local, state and federal employment and discrimination laws and shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin or any other class protected by law.

7. TERMS OF CONTRACT

1. A proposal, when properly accepted by Collin County, shall constitute a contract equally binding between the Vendor/Contractor/Provider and Collin County. No different or additional terms will become part of this contract with the exception of an Amendment.

2. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Amendments to the contract will be made in writing by Collin County Purchasing Agent.

3. No public official shall have interest in the contract, in accordance with Local Government Code Title 5, Subtitle C, Chapter 171.

4. The Vendor/Contractor/Provider shall comply with Commissioners Court Order No. 96-680-10-28, Establishment of Guidelines & Restrictions Regarding the Acceptance of Gifts by County Officials &

County Employees.

5. Design, strength, quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

6. Proposals must comply with all federal, state, county and local laws concerning the type(s) of product(s)/service(s)/equipment/project(s) contracted for, and the fulfillment of all ADA (Americans with Disabilities Act) requirements.

7. All products must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. Obsolete products, including products or any parts not compatible with existing hardware/software configurations will not be accepted.

8. Vendor/Contractor/Provider shall provide any and all notices as may be required under the Drug-Free

Work Place Act of 1988, 28 CFR Part 67, Subpart F, to its employees and all sub-contractors to insure that Collin County maintains a drug-free work place.

9. Vendor/Contractor/Provider shall defend, indemnify and save harmless Collin County and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, claims, actions, damages (including personal injury and or property damages), or demands of any character, name and description, (including attorneys’ fees, expenses and other defense costs of any nature) brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of Vendor/Contractor/Provider’s breach of the contract arising from an award, and/or any negligent act, error, omission or fault of the

Vendor/Contractor/Provider, or of any agent, employee, subcontractor or supplier of

Vendor/Contractor/Provider in the execution of, or performance under, any contract which may result from an award. Vendor/Contractor/Provider shall pay in full any judgment with costs, including attorneys’ fees and expenses which are rendered against Collin County and/or participating entities arising out of such breach, act, error, omission and/or fault.

10. Expenses for Enforcement. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection.

11. If a contract, resulting from a Collin County RFP/CSP is for the execution of a public work, the following shall apply:

i. In accordance with Section 2253.021 of Texas Government Code, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Payment Bond if the contract is in excess of $25,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1 Vernon’s Texas Insurance Code).

ii. In accordance with Section 2253.021 of Texas Government Code, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Performance Bond if the contract is in excess of $100,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1 Vernon’s Texas

Insurance Code).

12. Purchase Order(s) shall be generated by Collin County to the vendor. Collin County will not be responsible for any orders placed/delivered without a valid purchase order number.

13. The contract shall remain in effect until any of the following occurs: delivery of product(s) and/or completion and acceptance by Collin County of product(s) and/or service(s), contract expires or is terminated by either party with thirty (30) days written notice prior to cancellation and notice must state therein the reasons for such cancellation. Collin County reserves the right to terminate the contract immediately in the event the Vendor/Contractor/Provider fails to meet delivery or completion schedules, or otherwise perform in accordance with the specifications. Breach of contract or default authorizes the County to purchase elsewhere and charge the full increase in cost and handling to the defaulting Vendor/Contractor/Provider.

14. Collin County Purchasing Department shall serve as Contract Administrator or shall supervise agents designated by Collin County.

15. All delivery and freight charges (FOB Inside delivery at Collin County designated locations) are to be included as part of the proposal price. All components required to render the item complete, installed and operational shall be included in the total proposal price. Collin County will pay no additional freight/delivery/installation/setup fees.

16. Vendor/Contractor/Provider shall notify the Purchasing Department immediately if delivery/completion schedule cannot be met. If delay is foreseen, the Vendor/Contractor/Provider shall give written notice to the Purchasing Agent. The County has the right to extend delivery/completion time if reason appears valid.

17. The title and risk of loss of the product(s) shall not pass to Collin County until Collin County actually receives and takes possession of the product(s) at the point or points of delivery. Collin County shall generate a purchase order(s) to the Vendor/Contractor/Provider and the purchase order number must appear on all itemized invoices.

18. Invoices shall be mailed directly to the Collin County Auditor's Office, 2300 Bloomdale Road, Suite

3100, McKinney, Texas 75071. All invoices shall show:

i. Collin County Purchase Order Number;

ii. Vendor’s/Contractor’s/Provider’s Name, Address and Tax Identification Number;

iii. Detailed breakdown of all charges for the product(s) and/or service(s) including applicable time frames.

19. Payment will be made in accordance with Government Code, Title 10, Subtitle F, Chapter 2251.

20. All warranties shall be stated as required in the Uniform Commercial Code.

21. The Vendor/Contractor/Provider and Collin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

22. The Vendor/Contractor/Provider agree to protect Collin County from any claims involving infringements of patents and/or copyrights.

23. The contract will be governed by the laws of the State of Texas. Should any portion of the contract be in conflict with the laws of the State of Texas, the State laws shall invalidate only that portion. The remaining portion of the contract shall remain in effect. The contract is performable in Collin County, Texas.

24. The Vendor/Contractor/Provider shall not sell, assign, transfer or convey the contract, in whole or in part, without the prior written approval from Collin County.

25. The apparent silence of any part of the specification as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the specification shall be made on the basis of this statement.

26. Vendor/Contractor/Provider shall not fraudulently advertise, publish or otherwise make reference to the existence of a contract between Collin County and Vendor/Contractor/Provider for purposes of solicitation. As exception, Vendor/Contractor/Provider may refer to Collin County as an evaluating reference for purposes of establishing a contract with other entities.

27. The Vendor/Contractor/Provider understands, acknowledges and agrees that if the

Vendor/Contractor/Provider subcontracts with a third party for services and/or material, the primary

Vendor/Contractor/Provider (awardee) accepts responsibility for full and prompt payment to the third party. Any dispute between the primary Vendor/Contractor/Provider and the third party, including any payment dispute, will be promptly remedied by the primary vendor. Failure to promptly render a remedy or to make prompt payment to the third party (subcontractor) may result in the withholding of funds from the primary Vendor/Contractor/Provider by Collin County for any payments owed to the third party.

28. Vendor/Contractor/Provider shall provide Collin County with diagnostic access tools at no additional cost to Collin County, for all Electrical and Mechanical systems, components, etc., procured through this contract.

29. Criminal History Background Check: If required, ALL individuals may be subject to a criminal history background check performed by Collin County prior to access being granted to Collin County facilities.

Upon request, Vendor/Contractor/Provider shall provide list of individuals to the Collin County

Purchasing Department within five (5) working days.

30. Non-Disclosure Agreement: Where applicable, vendor shall be required to sign a non-disclosure agreement acknowledging that all information to be furnished is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by vendor, except as provided in the contract/agreement, may cause serious harm or damage to Collin County. Therefore, Vendor agrees that Vendor will not use the information furnished for any purpose other than that stated in contract/agreement, and agrees that Vendor will not either directly or indirectly by agent, employee, or representative disclose this information, either in whole or in part, to any third party, except on a need to know basis for the purpose of evaluating any possible transaction. This agreement shall be binding upon Collin County and Vendor, and upon the directors, officers, employees and agents of each.

31. Vendors/Contractors/Providers must be in compliance with the Immigration and Reform Act of 1986 and all employees specific to this solicitation must be legally eligible to work in the United States of

America.

32. Certification of Eligibility: This provision applies if the anticipated Contract exceeds $100,000.00 and as it relates to the expenditure of federal grant funds. By submitting a bid or proposal in response to this solicitation, the Offeror certifies that at the time of submission, he/she is not on the Federal

Government’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of proposal submission and time of award, the Offeror will notify the Collin

County Purchasing Agent. Failure to do so may result in terminating this contract for default.

33. Notice to Vendors/Contractors/Providers delivering goods or performing services within the Collin

County Detention Facility: The Collin County Detention Facility houses persons who have been charged with and/or convicted of serious criminal offenses. When entering the Detention Facility, you could:

(1) hear obscene or graphic language; (2) view partially clothed male inmates; (3) be subjected to verbal abuse or taunting; (4) risk physical altercations or physical contact, which could be minimal or possibly serious; (5) be exposed to communicable or infectious diseases; (6) be temporarily detained or prevented from immediately leaving the Detention Facility in the case of an emergency or “lockdown”;

and (7) subjected to a search of your person or property. While the Collin County Sheriff’s Office takes every reasonable precaution to protect the safety of visitors to the Detention Facility, because of the inherently dangerous nature of a Detention Facility and the type of the persons incarcerated therein, please be advised of the possibility of such situations exist and you should carefully consider such risks when entering the Detention Facility. By entering the Collin County Detention Facility, you acknowledge that you are aware of such potential risks and willingly and knowingly choose to enter the

Collin County Detention Facility.

34. Delays and Extensions of Time when applicable:

i. If the Vendor/Contractor/Provider is delayed at any time in the commence or progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the

Vendor/Contractor/Provider's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Owner or Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the

Owner/Architect/Engineer may determine.

ii. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that the weather conditions had an adverse effect on the scheduled construction.

35. Disclosure of Certain Relationships: Chapter 176 of the Texas Local Government Code requires that any vendor considering doing business with a local government entity disclose the vendor’s affiliation or business relationship that might cause a conflict of interest with a local government entity. Subchapter

6 of the code requires a vendor to file a conflict of interest questionnaire (CIQ) if a conflict exists. By law this questionnaire must be filed with the records administrator of Collin County no later than the

7th business day after the date the vendor becomes aware of an event that requires the statement to be filed. A vendor commits an offense if the vendor knowingly violates the code. An offense under this section is a misdemeanor. By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Please send completed forms to the Collin County County Clerk's Office located at 2300 Bloomdale Rd., Suite 2104, McKinney, TX 75071.

36. Disclosure of Interested Parties: Section 2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file with the governmental entity a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity. Section 2252.908 requires the disclosure form (Form 1295) to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. Section 2252.908 applies only to a contract entered into on or after January 1, 2016.

37. Vendors/Contractors/Providers must be in compliance with the provisions of Section 2252.152 and

Section 2252.153 of the Texas Government Code which states, in part, contracts with companies engaged in business with Iran, Sudan, or Foreign Terrorist Organizations are prohibited. A governmental entity may not enter into a contract with a company that is listed on the Comptroller of the State of Texas website identified under Section 806.051, Section 807.051 or Section 2253.253 which do business with Iran, Sudan or any Foreign Terrorist Organization. This Act is effective

September 1, 2017.

38. Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a “Force

Majeure Event”). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

NOTE: All other terms and conditions (i.e. Insurance Requirements, Bond Requirements, etc.) shall be stated in the individual RFP/CSP Solicitation documents as Special Terms, Conditions and Specifications.

8. VENDOR RESPONSE AND PROPOSAL FORMAT

In accordance with the directions below, contractor shall provide a response for each item in this section in order and include item numbers in response. Answer all questions fully, clearly, and concisely, giving complete information. Do not skip items. Do not refer to other parts of your proposal for the answers. You may not modify either the order or language of the question. If an item is “not applicable” or “exception taken”, contractor shall state that and refer to Section: Exceptions, with explanation.

Contractor shall adhere to the instructions in this request for proposals on preparing and submitting the proposal. If contractor does not follow instructions regarding proposal format, points will be deducted during the evaluation process.

1. Proposals may be submitted online via https://procurement.opengov.com/portal/collincountytx/projects/166690.