Cafeteria_Services_for_the_Courthouse_(Addendum_#2_Revision).pdf

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Collin County, TX

REQUEST FOR PROPOSAL

2026-072

CAFETERIA SERVICES FOR THE COURTHOUSE

RELEASE DATE: January 13, 2026

RESPONSE DEADLINE: March 12, 2026, 2:00 pm

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

Request For Proposal #2026-072 Title: Cafeteria Services for the Courthouse

Table Of Contents

1. INTRODUCTION

2. SCOPE OF SERVICES

3. SPECIAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. EVALUATION CRITERIA AND FACTORS

6. GENERAL INSTRUCTIONS

7. TERMS OF CONTRACT

8. VENDOR RESPONSE AND PROPOSAL FORMAT

9. ATTACHMENTS

Attachments:

A - Legal Notice

B - Exhibit - Sample Courthouse Cafeteria Contract 2026-072

C - Kitchen Layout

D - W9

E - Exceptions (only if applicable)

F - CIQ form (only if applicable)

G - Q&A from non-mandatory pre-proposal meeting 2.18.26

H - 2024 Sales History (previous cafeteria vendor)

I - 2025 Sales History (previous cafeteria vendor)

J - Sign in Sheet from non-mandatory Pre-Proposal Meeting

1. INTRODUCTION

1.1. SUMMARY

Collin County is requesting proposals from qualified businesses for the operation of a cafeteria located in the

Collin County Courthouse. The vendor shall occupy and maintain in a safe and healthy manner the allotted space and provide a basic menu of quality beverages, meals, and snacks. It is the responsibility of the vendor to establish, review and control the menu selection, pricing, and portion sizes of all items for sale. Affordable menu options for food and beverages for the working employees and visitors are important.

MENU

While our past cafeteria model included both hot and cold food, as well as prepared food and grab and go options, Collin County is willing to be flexible in our cafeteria model so long as there is a variety of food and beverage options that are affordable, quick and easy. We're looking to create a single location offering both coffee and convenient, ready-to-eat food options that provides a one-stop shop for busy customers.

We're open to awarding more than one vendor to provide drink and food items.

We encourage proposers to be creative in their responses as we are willing to consider unique business plans that meet our needs. We want this to be a Win-Win for everyone. If our traditional cafeteria model does not suit your business, pitch us a new option!

1.2. TIMELINE

RFP Released: January 13, 2026

Pre-Proposal Meeting (Non-Mandatory): February 18, 2026, 10:00am

A non-mandatory pre-proposal meeting is being held at the Collin County Courthouse, Russell A. Steindam Courts Building, 2100 Bloomdale Rd., McKinney, TX 75071 -- We will meet at the County logo between the escalators (go through security). Proposers will be able to walk through all areas of the the cafeteria. All prospective proposers are requested to have a representative present.

It is the proposer’s responsibility to review the site and documents to gain a full understanding of the requirements of the

RFP.

Deadline for Submission of Questions: February 24, 2026, 12:00pm

Response Submission Deadline: March 12, 2026, 2:00pm

2. SCOPE OF SERVICES

2.1. Background

LOCATION

Collin County, Texas occupies approximately 886 square miles just northeast of Dallas. Collin County is one of the fastest growing counties in the nation and currently has a population in excess of 1.5 million citizens.

The cafeteria is located in the Russell A. Steindam Courts Building, lower level, located at 2100 Bloomdale Rd., McKinney, TX 75071.

POPULATION SERVED

• Courthouse building is 470,000+ square feet

• Approximately 600 employees in the Courthouse location

• Approximately 6000 visitors weekly, and of those visitors, there are approximately 800-1000 jurors weekly

2.2. Minimum Specifications

VENDOR RESPONSIBILITIES

1. Provide all-inclusive food services, defined as:a. Minimum operating days Monday – Friday all days except County recognized holidays, from 7:30 am - 3:00 pm. (Proposer may propose optional hours)b.

Hire, fire, and train staffc. Maintain cafeteria to include kitchen equipment, small wares, and serving and dining spaces in a clean, orderly, and healthy condition. (Proposer may propose optional food delivery that does not utilize all kitchen equipment County provides. County provided kitchen equipment is subject to change.)d. Menu options for food and beverages that are affordable and reasonable for working employees and visitors.

2. Vendor must provide signage and menus that are easy-to-read with prices prominently displayed.

Vendor is encouraged to utilize the County intranet page for employees to view menus and any specials.

3. Provide any equipment or small wares deemed necessary to do business that is not currently owned.

Contractor will be responsible for repairs or replacement and will maintain ownership upon completion or termination of contract.

4. Provide carryout containers.

5. Dispose of daily trash in exterior receptacle provided by County.

6. Provide an on-site manager no less than 80% of business hours.

7. Provide each staff member a name tag and uniform to be worn throughout business hours on a daily basis. Uniform should designate that staff member is employed by vendor.

8. Obtain and maintain at vendors expense all local, state or federal licenses, certifications and/or approvals and permits necessary for operations, including City of McKinney health inspections.

Includes Certified Food Handler (CFH) certification for all employees within 30 days of employment.

9. Have a Certified Food Manager (CFM) on premises during all open hours.

10. Provide copies of all McKinney Health Inspection Reports to County Project Manager within two (2) business days of receipt and consistently maintain an average Health Score rating of 4 or better with no critical violations.

11. If warranted for specific operation, prepare, maintain and follow a Hazard Analysis Critical Control

Point (HAACP) plan.

12. Provide option for multiple forms of customer payment including cash, credit and debit cards that allows for sales reporting.

13. Follow all Federal and State laws related to employment.

14. All staff will be required to pass a background check performed by Collin County before they are allowed to work on-site. The County will not accept employees with the following background: a. No persons who are on active probation or parole.b. No persons under pending indictment.c. No persons subject to an active criminal investigation.

15. Business operations must meet all state, federal and local health and other regulatory requirements.

16. Deliveries will only be available to the site Monday – Friday 7:30 a.m. to 5:00 p.m.

17. Unless written approval is given from the County Administrator, owner or designated manager will have access to the site Monday – Friday 5:00 a.m. to 8:00 p.m.

18. Food shall not be prepared on the premises for another non-County location and/or contract.

19. Vendor will be subject to random environmental health inspections performed by Collin County environmental health inspectors.

20. Vendor will be financially responsible for maintaining maintenance agreements for all kitchen equipment they are utilizing.

21. Vendor will be responsible for repairs for County owned and vendor owned kitchen equipment.

22. Vendor will be responsible for disposal and emptying of grease trap contents.

23. Provide pest control through elimination and sanitation methods.

24. Utilize cleaning products approved safe for a food service environment.

25. Vendor will be responsible for all interior finish out (signage, decorations, etc.)

26. Vendor shall be responsible for all data and telecom services and infrastructure. This includes cash register, phone and credit card capabilities. (There are no data lines in the cafeteria. Forms of payment will need to operate manually, off of public Wi-Fi, or vendor's own wireless connection.)

27. Vendor is responsible for collecting payment and any related sales tax from their customers and remitting it to the appropriate tax authority.

28. If needed by vendor, vendor shall supply a dishwasher.

29. Vendor will provide signage in the cafeteria notifying patrons on how to contact vendor if customers have comments/complaints via phone and e-mail address.

30. Vendor will work with the County for placement of signs, promotions, and marketing throughout the

Courthouse. While the County will post/mount any signage, the Vendor will be responsible for the cost of the signs, hardware, etc. All signs, advertising, promotions, and placement must be approved by the

County.

31. Vendor shall designate a person to act as their project manager for this contract, and who will respond to communication from the County designated project manager within 48 hours.

32. Vendor will make available upon the County's request additional monthly reports of sales volume, gross revenues, proof of insurance, and other such reports or documents as may be needed.

33. In regards to any financial offer, checks will be mailed to Collin County, Treasury Office, 2300

Bloomdale Rd., Suite 3138, McKinney, TX 75071 by the close of business on the 17th of each month for the previous month. (Proposer may propose optional financial terms)

34. If more than one vendor is awarded, vendors must respect each others property and working spaces.

COUNTY RESPONSIBILITIES

1. County will provide dumpster for trash disposal.

2. County will be responsible for all structure, building lights, painting, wall repairs, floor repair (excludes cleaning), plumbing maintenance, electric maintenance and annual exhaust hood cleaning; however, Vendor would be held responsible for any repairs due to damage caused by vendor misuse.

3. County will provide water, sewer, electric and gas.

4. County will provide limited kitchen equipment. (County provided kitchen equipment is subject to change.)

5. County will be responsible for repairs and maintenance of the steamer only until warranty expires.

6. County will designate a person to act as the County’s project manager for this contract.

7. County will review requests, and if approved, provide services to post/mount signage.

8. County will work with the Vendor(s) to provide communication to County employees.

3. SPECIAL CONDITIONS

3.1. AUTHORIZATION

By order of the Commissioners Court of Collin County, Texas sealed proposals will be received for 2026-072

Cafeteria Services for the Courthouse.

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 Cafeteria Services for the Courthouse.

3.3. TERM

Provide for a three (3) year term contract commencing upon award with the option to renew for three (3) additional one (1) year periods. Proposer may offer optional contract term if desired.

3.4. PRE-PROPOSAL CONFERENCE

A/An (Optional) pre-proposal conference will be conducted by Collin County on Wednesday, February 18, 2026 at 10:00 am.

Location: A non-mandatory pre-proposal meeting is being held at the Collin County Courthouse, Russell A. Steindam Courts

Building, 2100 Bloomdale Rd., McKinney, TX 75071 -- We will meet at the County logo between the escalators (go through security). Proposers will be able to walk through all areas of the the cafeteria. All prospective proposers are requested to have a representative present. It is the proposer’s responsibility to review the site and documents to gain a full understanding of the requirements of the RFP.. It is the contractor’s responsibility to review the site and documents to gain a full understanding of the requirements of the RFP. All contractors desiring to submit a proposal are encouraged to have a representative at the pre-proposal conference.

3.5. 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 G Zimmel, Buyer at gzimmel@co.collin.tx.us.

3.6. LOCATION

Russell A. Steindam Courts Building, 2100 Bloomdale Rd., McKinney, TX 75071, lower level

3.7. SAMPLES/DEMOS

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

3.8. 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.

3.9. 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.

3.10. 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.

4. INSURANCE REQUIREMENTS

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.

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

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

iii. 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

iv. Umbrella/Excess Liability insurance

Each Occurrence/Aggregate $1,000,000

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

i. 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.

ii. The vendor's insurance coverage shall name Collin County as additional insured under the General Liability policy.

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

iv. 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.

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

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

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

4. 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:

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

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

5. EVALUATION CRITERIA AND FACTORS

The award of the contract shall be made to the responsible contractor, whose proposal is determined to be the best evaluated offer resulting from negotiation, taking into consideration the relative importance of price and other factors set forth in the Request for Proposals in accordance with Texas Local Government Code

262.030.

The Evaluation Committee will review all proposals received by the Opening date and time as part of a documented evaluation process. For each decision point in the process, the County will evaluate contractors according to specific criteria and will elevate a certain number of contractors to compete against each other. The proposals will be evaluated on the following criteria.

The County will use a competitive process based upon “selection levels/phases.” The County recognizes that if a contractor fails to meet expectations during any part of the process, it reserves the right to proceed with the remaining contractors or to elevate a contractor that was not elevated before. The selection levels are described in the following sections.

Compliance Review Phase - Conformance with Mandatory Requirements (Pass/Fail)

The first part of the elevation process (the Compliance Review Phase) is to validate the completeness of the proposal and ensure that all the RFP guidelines and submittal requirements are met. Contractors may, at the discretion of the County, be contacted to submit clarifications or provide additional information. Once request has been made, contractors will have two (2) business days to respond. Incomplete or noncompliant RFPs may be disqualified.

Evaluation Phase 1 – Detailed Proposal Assessment (Maximum 100 Points)

The Evaluation Committee will conduct a detailed assessment of all proposals elevated to this Phase. See

Phase 1 below for criteria. It is anticipated that Collin County will elevate proposals scoring at least 70 points

(70%) to Evaluation Phase 2.

Evaluation Phase 2 – Product Demonstration with Taste Test (Optional - Maximum 10 Points)

The highest scoring Proposer(s) may be asked for in-person interviews and to provide sample food for the

Evaluation Committee. Each qualifying Proposer will be provided a date for its in-person interview and sample food taste test. Several of the other evaluation criteria will be clarified and refined, including the implementation plan, technology compatibility, ability to meet facilities requirements, and cost. Proposals may be re-evaluated based upon Criteria in previous Evaluation Phases.

Evaluation Phase 3 – Best And Final Offer

Contractors who are susceptible of receiving award may be elevated to Phase 3 for Best and Final

Offer. Contractor will 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, and may be invited to present their responses on-site. Proposals may be re-evaluated based upon Criteria in previous Evaluation Phases.

Based on the result of the Best and Final Offer evaluation, a single contractor will be identified as the finalist for contract negotiations. If a contract cannot be reached after a period of time deemed reasonable by the

County, it reserves the right to contact any of the other contractors that have submitted proposals and enter into negotiations with them.

PHASE 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. DEMONSTRATED EXPERTISE, EXPERIENCE,

AND MENU

• Experience of the firm/individual's credentials and training

• List and description of similar services/ventures and how they relate to the County's needs, past performance and demonstrated experience

• Menu o Overall menu offerings o Menu pricing and portion sizes o Optional offerings, i.e. roaming coffee cart, limited delivery service

Points Based 35 (35% of Total)

2. IMPLEMENTATION PLAN, ABILITY TO

ADMINISTER SCOPE OF SERVICES, AND

FINANCIAL STABILITY

• Planning and implementation services prior to opening

• Business plan to administer scope of services effectively

• Financial stability

Points Based 35 (35% of Total)

3. FINANCIAL PLAN

• Financial Offer

• Contract Term

Points Based 20 (20% of Total)

4. REFERENCES Points Based 10 (10% of Total)

PHASE 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. PRODUCT DEMONSTRATION WITH TASTE

TEST (OPTIONAL)

Proposers may be invited to demonstrate their menu with taste testing; however, demonstrations are at the sole discretion of the committee and the committee is not obligated to request a demonstration. The demonstration is an opportunity for the evaluation committee to ask questions and seek clarification of the proposal submitted. The demonstration is not meant as an opportunity for the proposer simply to provide generic background information about the company or its experience.

Points Based 10 (100% 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.

1. Proposals may be submitted online via https://procurement.opengov.com/portal/collincountytx/projects/189864. Electronic submissions are preferred.

2. If submitting manually, proposal shall be submitted in a sealed envelope or box with RFP name, number, and name of firm printed on the outside of the envelope or box. Manual submittals shall be sent/delivered to the following address and shall be received prior to the date/time for opening:

Collin County Purchasing

2300 Bloomdale, Suite 3160

McKinney, TX 75071

If submitting manually, to achieve a uniform review process and to obtain a maximum degree of comparability, the proposal shall, at a minimum include a Table of Contents detailing sections and corresponding page numbers.

Paper copies shall be printed on letter size (8 ½ x 11) paper and assembled using spiral type bindings, staples, or binder clips. Do not use metal-ring hard cover binders.

It shall be the responsibility of the contractor to insure that their proposal reaches Collin County Purchasing prior to the date/time for the opening no matter which submission method is used.

Proposal shall include but not be limited to information on each of the following, and should be formatted in the same order as the following:

PLEASE PROVIDE YOUR RESPONSES IN EACH OF THE BOXES PROVIDED. DO NOT UPLOAD ATTACHMENTS

INTO CATEGORIES THAT DO NOT APPLY.

1. Executive Summary (1 page)*

Executive Summary should be limited to a brief introduction of the proposing business and an expression of interest in this contract. Clearly indicate contact information, including phone and email, for the primary contact individual.

https://procurement.opengov.com/portal/collincountytx/projects/189864

*Response required

2. Vendor Overview including Demonstrated Expertise and Experience

2.1. Registered name(s) of business including any DBA*

*Response required

2.2. How long have you been selling product(s) and/or providing service(s) similar to the service requested in this RFP?*

*Response required

2.3. A descriptive background of your company’s…