ESBD_360333_1716470852964_RFP 2024-P10 Hays County Pet Resource, Education, and Research Center - Program Coordinator.pdf

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 1 of 41

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

712 S. Stagecoach Trail, Suite 1012 San Marcos, Texas 78666

Solicitation No.:

RFP 2024-P10 Hays County Pet Resource, Education, and

Research Center – Program Coordinator Date Issued: May 23, 2024

SOLICITATION

Vendors must submit proposals as listed: One (1) original and one (1) digital copy on a thumb drive at the Hays County Purchasing Office at the address shown above or Electronically through BidNet Direct and one (1) hard copy at the Hays County Purchasing Office at the address shown above until:

10:00 a.m. local time June 13, 2024.

Proposals received after the time and date set for submission will be returned unopened.

For information please email:

purchasing@co.hays.tx.us

Questions concerning this RFP must be received in writing no later than 5:00 on June 3, 2024.

Phone No.: (512) 393-2267

OFFER (Must be fully completed by Respondent)

In compliance with the above, the undersigned offers and agrees to furnish all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein. Award shall include all solicitation documents and attachments.

MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY.

Respondent Respondent’s Authorized Representative Entity Name:

Mailing Address:

Name:

Title:

Email Address:

Phone No.:

Signature: Date:

Name, Email Address and Phone No. of person authorized to conduct negotiations on behalf of Respondent:

NOTICE OF AWARD (To be completed by County) Funding Source: Awarded as to item(s): Contract Amount:

Vendor: Term of Contract:

This contract issued pursuant to award made by Commissioners Court on:

Date: Agenda Item:

Important: Award notice may be made on this form or by other Authorized official written notice.

Hays County Judge

Date

Hays County Clerk Date mailto:purchasing@co.hays.tx.us

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 2 of 41

Table of Contents

Solicitation, Offer and Award

I. RFP Submittal Checklist

II. Summary

III. Specifications

A. Introduction

B. Background

C. Scope of Work

D. Qualifications

E. Proposal Requirements

F. Evaluation Criteria

G. Submittal Requirements

H. Award of Contract

I. Warranty of Performance

IV. General Terms and Conditions for Solicitations

V. Vendor Reference Form

VI. Certificate of Interested Parties

VII. Conflict of Interest Questionnaire

VIII. Code of Ethics

IX. HUB Practices

X. House Bill 89 Verification

XI. Iran, Sudan, and Foreign Terrorist Organization (TGC 2252)

XII. Israel Boycott Certification (TGC 2271.002)

XIII. Prohibition of Energy Company Boycott Certification (TGC 2274)

XIV. Debarment and Licensing Certification

XV. Vendor/Bidder’s Affirmation

XVI. Federal Affirmation and Solicitation Acceptance

XVII. Related Party Disclosure Form

Attachment A - Cost Proposal

Attachment B - Hays County Animal Shelter and Animal Services Feasibility Needs Assessment

Attachment C - Comprehensive Program Plan

Attachment D - Potential Site Locations

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 3 of 41

I. RFP Submittal Checklist

This checklist is provided for the Vendor’s convenience and identifies documents that MUST be submitted for the bid/proposal/SOQ to be considered responsive, as well as the required forms requested by Hays County.

A COMPLETE SOLICITATION RESPONSE PACKAGE INCLUDES:

The following forms MUST be returned for the bid/proposal/SOQ to be considered responsive:

____ 1. Proposal, and the Solicitation, Offer and Award Form completed and signed

____ 2. Attachment A: Cost Proposal

____ 3. Vendor Reference Form

Required Forms by Hays County: (completed and signed)

____ 1. Conflict of Interest Questionnaire

____ 2. Code of Ethics

____ 3. HUB Practices

____ 4. House Bill 89 Verification

____ 5. Iran, Sudan, and Foreign Terrorist Organization

____ 6. Israel Boycott Certification

____ 7. Prohibition of Energy Company Boycott Certification

____ 8. Debarment & Licensing Certification

____ 9. Vendor/Bidder’s Affirmation

____ 10. Federal Affirmations and Solicitation Acceptance

____ 11. Related Party Disclosure Form

____ 12. System for Award Management (www.SAM.gov) Entity Registration Page

____ 13. Any addenda applicable to this solicitation

Hays County will accept bids/proposals/SOQ, by the stated due date by one of the following methods:

____ 1. Electronic Submission of Bid Packet through BidNet Direct and one (1) hard copy delivered, within 24 hours of due date, in a sealed envelope with the Solicitation Number and Vendor’s name on the outermost envelope addressed to: Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666

OR

____ 2. One (1) original bid packet and one (1) digital copy on a thumb drive in a sealed envelope with the Solicitation Number and Vendor’s Name on the outermost envelope, addressed to:

Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666 http://www.sam.gov/

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 4 of 41

II. Summary

1. Type of Solicitation: Request for Proposal (RFP)

2. Solicitation Number: RFP 2024-P10

Hays County Pet Resource, Education, and Research Center – Program Coordinator

3. Issuing Office: Hays County Purchasing Office 712 S. Stagecoach Trial, Suite 1012 San Marcos, TX 78666

4. Responses to Solicitation: Sealed proposals marked with Solicitation Number and Vendor Name on the outermost envelope Manual: One (1) Original and one (1) digital copy on a thumb drive, or

Electronic: Proposals can be submitted through BidNet Direct and one (1) hard copy is required to be received within 24 hours of due date.

5. Deadline for Responses: In issuing office no later than:

June 13, 2024 @10:00 a.m. Central Time (CT)

6. Initial Contract Term: July 2024 - Design Phase Completion

7. Optional Contract Terms: Design Phase Completion - Construction Phase Completion

8. Designated Contact: Hays County Purchasing Email: purchasing@co.hays.tx.us

9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than June 3, 2024 5:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the address above. Answers to questions will be provided in the form of an addendum posted after the question deadline on the CivicPlus, BidNet Direct, and ESBD websites for the benefit of all potential respondents. The County reserves the right to contact the person submitting a question to clarify the question received, if necessary. Each clarification, supplement, or addenda to this IFB, if any, will be posted on the CivicPlus, BidNet Direct and ESBD websites. All potential or actual respondents are responsible for monitoring the websites for such materials. Respondents are deemed to have notice of, and are required to comply with, any such material posted in accordance with this paragraph. Respondents should not rely upon any other sources of written or oral responses to inquiries.

10. Addenda Any interpretations, corrections or changes to this RFP and mailto:purchasing@co.hays.tx.us

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 5 of 41 specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Hays County Purchasing Office. It is the Vendor’s responsibility to acknowledge receipt of all addenda with proposal submission.

11. Contact with County Staff: Upon issuance of this solicitation, employees and representatives of Hays County, other than the Purchasing Office staff identified as the Designated Contact above, will not discuss the contents of this solicitation with any Vendor or its representatives. Failure of a Vendor or any of its representatives to observe this restriction may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

Anticipated Schedule of Events May 23, 2024 Issuance of RFP June 3, 2024 Deadline for Submission of Questions (5:00 PM CT) June 13, 2024 Deadline for Submission of Proposals (10:00 AM CT)

Late proposals will not be accepted.

July 2024 Anticipated contract award date

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 6 of 41

III. Specifications A. Introduction

Hays County (County) is soliciting a qualified organization for Program Coordinator Services to assist with the design and construction phase of The Hays County Pet Resource, Education, and Research Center, as well as managing current programs and further developing additional programs that can be incorporated into the Center. The Hays County Pet Resource, Education, and Research Center will include field services, an Open-Door Veterinary, and a Spay Neuter Clinic from a non-profit, embracing the HASS model (Human Animal Support Services) and The Best Practice Playbook for Animal Shelters.

The organization should have proven expertise in project management, staffing, outreach, community engagement, capital campaigns, fundraising, shelter management, and multidisciplinary areas of animal welfare.

B. Background In 2022 Hays County had an Animal Shelter and Animal Services Feasibility Needs Assessment conducted by Team Shelter USA in conjunction with Animal Arts. (Attachment A: Hays County Animal Shelter and Animal Services Feasibility Needs Assessment) The Assessment identified the need for an all-inclusive Pet Resource Center (PRC) to provide its animal residents and human visitors with best practices of care, while providing the Hays County community with counseling rooms and Safety Net Resources.

Volunteers and staff will have ample area to provide enrichment for the shelter pets which will be exemplified in the meet and greet areas for adopters and pets. The medical and surgery areas will allow for pets to be examined and vaccinated upon intake, treated for any issues during their stay, and finally spayed/neutered along with any other treatments necessary before leaving the shelter with their new owner.

The Hays County Pet Resource, Education, and Research Center campus will serve the community by providing for public and animal safety, social services programs providing a safety net for pet owners, care, and placement of shelter pets, euthanasia when appropriate, along with enhancing access to veterinary care for the public. The Open-Door Veterinary and Spay Neuter Clinic will serve the community in two main ways. The clinic will enhance access to veterinary care through financially sustainable/profitable business model that enhances access to care. A high-volume, subsidized spay/neuter program will help reduce shelter intake.

The Hays County Pet Resource, Education, and Research Center will focus on a community-foster-centric model and proactive self-services and will be divided into four functional areas: Community Services, Shelter Operations, Medical Care for Shelter Pets, and Administration.

Hays County has been working with Austin Pets Alive! for the past year to assist in, researching potential land options, developing a social media plan, assisting in the creation of a nonprofit, updating ordinances, developing a proposed operating budget, developing standard operating procedures, developing a staffing plan, and providing a final comprehensive programming plan for the Hays County Pet Resource, Education, and Research Center.

C. Scope of Work The intent is for the Project Coordinator organization to aid in the overall design development and construction phase of the Hays County Pet Resource, Education, and Research Center as well as further develop programs and processes of the Center.

The awarded organization will be responsible for providing the following services:

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 7 of 41

Review land and locations identified per the following guidelines: (Attachment D) The proposed new facility for Hays County consists of a combined Open Door community clinic that includes a subsidized spay/neuter program, measuring 4,063 interior square feet, a Pet Resource Center measuring 17,749 interior square feet, and 5,950 exterior, covered square feet. Locating these two buildings on one site will allow the community to access services to keep their pets safe and healthy.

Additional item to consider for a new site for The Hays County Pet Resource, Education, and Research Center:

• Ability to hold 27,762 SF of programmatic elements.

• The usable size of the site should be five times larger than the size of the building, or around 3.2 acres minimum. Three to five usable acres would be a good target for initial land searches. The larger size will allow for flexibility and the potential for future expansion. When we define usable acres, we mean:

Not Chopped up or restricted by easements and setbacks.

Not in flood plains or zones Not used for hazardous industrial uses previously

• Collocated to other Hays County public-facing, social service functions. There is tremendous potential in providing exceptional service to the community by placing human social service functions on the same site.

• In a safe area easily accessible from San Marcos, Buda, Kyle, Dripping Springs, Wimberley, Woodcreek, Niederwald, Uhland, Mountain City, Hays City, and Bear Creek.

• Proper zoning designation and/or ability to rezone or achieve special use permits.

• City utilities are available, including water, sewer, and three-phase power.

• In an area that allows outdoor uses for dogs (i.e., not immediately adjacent to residential use).

• Assist Hays County Stakeholders in purchase of land.

Design & Construction Phase Development:

• Assist Hays County in selecting the Project Manager, and Architect & Engineering Firm to develop construction plans.

• Review and propose edits to construction plans to ensure all specifications above and any additional changes are incorporated from all Needs Assessments that have been conducted.

• Work in conjunction with the Project Manager, Engineer, and Hays County Purchasing Agent to create construction IFB.

• Assist in the evaluation of bids received.

• Assist the Project Manager with answering any Request for Information (RFI) and any potential contract change orders to ensure the changes are still within the vision and mission of the Hays County Pet Resource Education, and Research Center.

Marketing Development:

• Utilizing the Mission and Vision Statement, develop a marketing plan for the Hays County Pet Resource, Education, and Research Center. All communication to the community must be offered in both English & Spanish.

Mission Statement: The Hays County Pet Resource, Education and Research Center will provide a temporary safe haven for pets in need; keep pets and families together;

protect animals in Hays County; and work collaboratively with pet owners, the public, animal rescue & welfare organizations, human social services agencies, and others with a shared vision to benefit pets and people.

Vision Statement: The Hays County Pet Resource, Education and Research Center: A strong, healthy community for all pets and people through lifesaving programming; an embrace of progressive, best practices in animal services; inclusively honoring the

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 8 of 41 human-animal bond; respecting community values & conversations; education; and applied research at a first-of-its-kind campus serving a growing region for now and future generations.

• Areas that should be included but not limited to:

Brand awareness Website Social Media Community Engagement & Events Identify target goals Development of printed & electronic materials

• The Project Coordinator team/staff shall utilize a signature line in emails and all correspondence that represents the Project Coordinator Team for the Hays County Pet Resource, Education, and Research Center.

Funding Development:

• Work with Hays County Stakeholders to develop a funding plan.

Research various funding opportunities through grants and foundations.

Collaborate with Hays County in preparing and submitting grant opportunities.

Seek outside contributions from private organizations, and individuals.

Program Development:

Work with Hays County Stakeholders in developing programs that support the mission and vision of the Hays County Pet Resource, Education, and Research Center. Continue the implementation, development, and growth of the following programs already established through Hays County’s partnership with Austin Pets Alive!

• Local Ordinance Revisions: Assist Hays County with finalizing all local ordinance revisions and implementation.

• Human Animal Support Services (HASS) & Case Management/Call Center

• Animal Protection, Welfare, and Cruelty Prevention

• Shelter Diversion: Positive Alternative to Shelter Surrender (PASS)

• Pet Support Services

• Foster Finder/Self-Supported Rehoming, Pet Reunification & Field Services

• Behavioral training Support Program

• Virtual Resource Center

• Trap Neuter Vaccinate Return (TNVR) Community Cat Program & Coordinator

• PetSafe Programs for Victims of Domestic Violence & Abuse

• Law Enforcement Training and Support for Animal Protection Officers

• Establish a Law Enforcement Program to include a Call Center for Cruelty Reporting

D. Qualifications

The Organization will be a competent organization with prior experience in creating, developing and operating a successful Pet Resource Center.

• The organization demonstrates the ability to commence and perform required work promptly upon award of contract.

• Provide documentation that the organization has operated a successful, innovative, lifesaving Pet Resource type center/shelter. Include annual statistics for 5 years separated by species.

REFERENCES: Hays County requires respondent to supply with the statement of qualifications, a list of at least three (3) references where like services have been supplied by their company. Include name of company, address, telephone number and name of representative.

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 9 of 41

RESPONSIBILTY: A prospective respondent must affirmatively demonstrate respondent’s responsibility.

A prospective respondent must meet the following requirements:

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

• Be able to comply with required or proposed delivery schedule

• Have a satisfactory record of performance

• Be otherwise qualified and eligible to receive an award

TIME OF PERFORMANCE: It is imperative that the prospective respondent respond to County requests in a timely manner and comply with required or proposed delivery schedules. Please describe how you intend to respond to and track County requests.

SYSTEM FOR AWARD MANAGEMENT: Respondent and its Principals may not be debarred or suspended nor otherwise have an exclusion record created in the System for Award Management (SAM) website.

Include verification that the company as well as the company's principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a printout of the Entity Registration page that shows your firm is in active status and is not expired.

E. Proposal Requirements All proposals shall demonstrate the organizations’ experience in performing a project of this scale and complexity. For the County representatives to accurately evaluate whether the organization meets the “Minimum Qualifications” and the “Scope of Work”, all proposals shall include the following.

Proposals shall not exceed thirty (30) pages (15 sheets front and back) in length, but not including:

• Letter of Transmittal signed by the individual authorized to negotiate for and contractually bind the company.

• Table of Contents

• Appendix materials (any required forms, see RFP Submittal Checklist, and addenda from Hays

County)

• Front and rear covers

Items that count towards the 30-page limit

• Profile/Experience of the Organization Organization information shall include: Organization legal name of the Bidder, principal place of business, number of years in business, and description of company organization including identification of number of staff dedicated to the project.

Experience of the Organization and prior work performance.

List of any criminal charges, civil lawsuits, or dispute resolutions to which the

Organization is a part in the past five (5) years and the nature of the issue. Indicating if and how it was resolved.

Key Personnel o Provide resumes of all employees who may be assigned to provide services if your organization is selected.

o Provide an organizational chart containing the names, telephone numbers and email address of the prime providers and any sub-providers that would be proposed for the team and their contract responsibilities by work category.

• Capacity to Perform/Specific Approach, Strategy, and Timeline Describe the capacity to perform the Scope of Work activities.

Provide a description of your proposed approach/strategy to provide and perform the objectives, specific elements, and tasks associated with services, delineating how the Company will be operational to provide Program Management Services for the Hays County Pet Resource, Education, and Research Center.

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 10 of 41

Provide a proposed timeline of each phase and the deliverables.

• Attachment A: Cost Proposal

The proposal must include all costs that are necessary to successful completion of the project.

All Cost Proposals will be evaluated by the Purchasing Agent.

The lowest/best price will not be used as the sole basis for entering into this contract; rather, an award will be made to the company providing the best value, cost and other factors considered.

Sheet size is limited to 8½” x 11” sheets only, using 12-point font. Appendix materials (related project graphics, resumes, etc.) are not included in the 30-page limit but should be conservative in their inclusion. The organizational chart is included in the 30-page limit, and it is permissible to use an 11” x “17” sheet (one-sided) and a font smaller than 12-point for the organizational chart, provided text is clearly legible. It is permissible to use a font smaller than 12-point for graphics, provided text is clearly legible.

The proposal must be submitted with a continuous binding (e.g. – spiral, GBC, etc.) along the left edge;

no other binding will be accepted. While the County does not desire tab dividers in the proposals, if included they would not count towards the 30-page limit. Required forms (see Section I. RFP Submittal Checklist) do not count towards the 30-page limit.

F. Evaluation Criteria The Evaluating Committee will evaluate each respondent’s proposal based on a comprehensive set of criteria. Proposals received shall be evaluated and ranked by the County according to the following criteria: (Maximum Point Total 100)

1. Experience of the Company 30 points Qualifications of staff assigned to this project. Company history with biographies and/or resumes for principal contacts, and company certifications. References and recommendations from current or former clients.

2. Cots Proposal 30 points The proposal must include all costs that are necessary for successful completion of the project. The lowest/best price will not be used as the sole basis for entering into this contract; rather, an award will be made to the organization providing the best value, cost and other factors considered.

3. Capacity to Perform 40 points Describe the capacity to perform the scope of work activities, by providing your approach/strategy. The organization’s proposal adequately demonstrates an understanding and experience in developing and managing a Pet Resource Center or similar services, which is documented in its proposal.

Interview (optional) Ranking At the County’s discretion, submitting entities may be requested by the Evaluating Committee to conduct interviews as part of the evaluation process, prior to making recommendations to Commissioners Court regarding award.

It is the practice of Hays County to encourage local participation and to promote and encourage contracting and subcontracting opportunities for locally owned businesses and labor in all contracts.

The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Hays County is an Affirmative Action/Equal Opportunity Employer and strives to attain goals for Section 3 of the Housing and Urban Development

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 11 of 41

Act of 1968 (12 U.S.C. 1701u), as amended. Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.

G. Submittal Requirements The Company must deliver their proposal to the Hays County Purchasing Department by one of the following methods by the specified deadline:

Mailed or Dropped off Proposals:

• One (1) original proposal with required forms manually signed by the respondent with original signatures

• One (1) digital copy of the full proposal with all required forms on a thumb drive

Electronic Proposals:

• Either the original or Electronic Proposal (through BidNet Direct) MUST be received by the due date and time to be considered responsive.

• Upload proposal with required forms manually signed by the respondent. (through BidNet

Direct)

• One (1) original proposal with required forms manually signed by the respondent, delivered to the Hays County Purchasing Office within 24 hours of due date.

LATE SUBMITTALS WILL NOT BE ACCEPTED.

ALTERING PROPOSALS: Any interlineations, alteration, or erasure made before receiving time must be initialed by the signer of the proposal, guaranteeing authenticity.

WITHDRAWING OF PROPOSAL: A proposal may be withdrawn at any time prior to the official opening.

After the official opening, proposals may not be amended, altered or withdrawn without the recommendation of the County Purchasing Manager and the approval of Commissioners Court.

FORMS: All proposals must be submitted on the forms provided in this solicitation document. Changes to solicitation forms made by bidders shall disqualify the proposal.

REPONDENT’S ACCEPTANCE: by submitting a response to this RFP, the respondent certifies that is has fully read and understands the terms, conditions and statements of this Request for Qualifications and has knowledge of the scope of the quality of services to be furnished and intends to adhere to the provisions described herein.

H. Award of Contract BASIS OF AWARD: The County reserves the right to award a contract for named project to an organization on the basis of “best value”. Best value will be determined based on cost, experience, qualifications, references, proposed methodology/technical proposal, and overall responsiveness, clarity, and organization of the solicitation response.

COMPANY AGREES, if this proposal is accepted, to furnish any and all services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of the proposal will be one hundred twenty (120) calendar days.

The awarded company expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP. The awarded company agrees to

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 12 of 41 correct any deficiencies in its performance of services upon notification by the County and without additional expense to the County.

ACCEPT OR REJECT: It is understood that Hays County reserves the right to accept or reject any and all submittals as it shall deem to be in the best interest of Hays County. The prospective entities are fully responsible for all costs incurred in the preparation and/or presentation of the RFP submittals. All received RFP submittals will become the property of the County. The RFP does not commit the County to award a contract, issue a purchase order, or pay any costs incurred in the preparation of a submission in response to this RFP. Proposals may be held for one hundred twenty (120) calendar days after opening without taking action.

COMMISSIONERS COURT APPROVAL REQUIRED: The Hays County Commissioners Court must approve the contractors selected to provide the services requested in this RFP. The County reserves the right to authorize contract negotiations to begin without further discussion with contractors submitting a response. Therefore, each proposal should be submitted as completely and accurately as possible. The County reserves the right to request additional data, oral discussions, or presentations in support of the written proposal. If the proposal is accepted and approved by Commissioners Court, this document shall be made part of the contract.

Respondent’s Obligation Regarding Evaluation

a. SUBMISSION OF INFORMATION. Submitters are cautioned that it is each contractor and or individual’s sole responsibility to submit information related to the evaluation categories, and the County is under no obligation to solicit such information if it is not included with the proposal. Failure of a contractor or individual to submit such information may cause an adverse impact on the evaluation of the specific proposal.

b. SUBMITTER REVIEW OF RFP. Submitters are responsible for examining and being familiar with all specifications, terms, conditions, provisions, and instructions of the RFP and their responses.

Failure to do so will be at the contractor and/or individual’s risk and will not be a determinative factor when awarding the contract for services.

ORAL NON-BINDING: Any non-written representations, explanations, or instructions given by County staff or County agents are not binding and do not form a part of, or alter in any way, the RFP, a written agreement pertinent to the RFP, or the awarding of the contract.

RESERVATIONS BY COUNTY: The Commissioners Court has the right to accept, reject, or cancel any and all submissions. In addition, the County expressly reserves the following:

1. waive any defect, irregularity, or informality in any submission or RFP procedure;

2. extend the RFP closing time and date;

3. reissue this RFP in a different form or context;

4. procure any item by other allowable means;

5. revise and modify, at any time before the RFP submittal due date, the factors and/or weights of factors the County will consider in evaluating RFP submittals and to otherwise revise or expand its evaluation methodology as set forth herein;

6. investigate the qualifications of any contractor under consideration and require confirmation of information furnished by a contractor;

7. require additional information from a contractor concerning contents of its RFP submittal and/or require additional evidence of qualifications;

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 13 of 41

8. waive minor deviations from specifications, conditions, terms, or provisions of the RFP, if it is determined that waiver of the minor deviations improves or enhances the County’s business interests under the RFP;

9. extend any contract when most advantageous to the County, as set forth in this RFP.

10. appoint an evaluation committee to review RFP submittals or responses, make recommendations and seek the assistance of outside technical experts in RFP submittal evaluation;

11. hold interviews and conduct discussions and correspondence with one or more of the contractors responding to this RFP to seek an improved understanding and evaluation of the responses to this RFP.

12. disclose information contained in an RFP submittal to the public as required under the Texas Public Information Act; AND/OR

13. exercise any other right reserved or afforded to Hays County under this RFP. The County reserves the right to modify the process, in its sole discretion, to address applicable law and/or the best interest of the County.

The County shall not, under any circumstances, be bound by or be liable for any obligations with respect to any construction project until such time (if at all) a contract has been awarded and all approvals obtained in form and substance satisfactory to the County have been executed and authorized by the County, and then only to the extent of such agreements.

I. Warranty of Performance The successful respondent expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP. The successful bidder agrees to correct any deficiencies in performance of services upon notification by the County and without additional expense to the County.

CONTINUING NON-PERFORMANCE of the bidder, in terms of specifications, shall be basis for the termination of the contract by the County. The County shall not pay for merchandise/services that are unsatisfactory. Failure to perform any provision will constitute a default of contract, in which case, corrective action shall take place within ten (10) days from the date of written notice citing the nature of breach. Failure to take corrective action or to provide a satisfactory written reply excusing such failure within the prescribed ten (10) days will authorize the County to terminate this agreement by written notice.

COMPLIANCE WITH LAWS: The successful Respondents shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the solicitation. Any contract executed as a result of this RFP shall be governed by the laws of the State of Texas.

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 14 of 41

IV. General Terms and Conditions for Solicitations Applicable To: Request for Proposals (RFP)

1. GENERAL DEFINITIONS:

a. "Auditor" means the Hays County Auditor or his/her designee.

b. "Commissioners Court" means Hays County Commissioners Court.

c. “Contract” means the contract awarded pursuant to the RFP.

d. “Contractor” means a person or firm receiving an award of contract from Commissioners Court.

e. "County" means Hays County, Texas, a political subdivision of the State of Texas.

f. "County Building" means any County owned buildings and does not include buildings leased by County.

g. "Is doing business" and "has done business" mean:

i. Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250 in the aggregate in exchange for personal services or for purchase of any property or property interest, either real or personal, either legal or equitable; or

ii. Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal obligation or debt with a value of more than $250 in the aggregate in a calendar year;

iii. But does not include any retail transaction for goods or services sold to a Key Contracting Person at a posted, published, or marked price available to the general public.

h. "Key Contracting Person" means any person or business listed in Exhibit A to Affidavit.

i. "Purchasing Manager" means the Hays County Purchasing Manager.

j. “Sub-contractor” means a person or firm doing business with a Contractor.

2. FUNDING: Funds for payment on this Contract have been provided through the County budget approved by Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of Hays County to be included in each proposed budget within the foreseeable future. County Commissioners expect this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract.

However, County cannot guarantee the availability of funds, and enters into this Contract only to the extent such funds are made available. The Fiscal Year for County extends from October 1st of each calendar year to September 30th of the next calendar year.

3. FUNDING OUT: Despite anything to the contrary in this Contract, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is terminated due to the failure to fund it.

4. INVOICING/PAYMENTS:

a. Contractor shall provide County with an Internal Revenue Form W-9, Request for Taxpayer Identification

Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any Contract funds are payable.

b. As a minimum, invoices shall include: (i) name, address, and telephone number of Contractor and similar information in the event payment is to be made to a different address; (ii) County Contract or Purchase Order number; (iii) identification of products or services as outlined in this Contract; (iv) quantity or quantities, applicable unit prices, total prices, and total amount; and (v) any additional payment information called for by this Contract. County will not pay invoices that are in excess of the amount authorized by the purchase order.

c. Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products and services and submission of an invoice to the address below:

County Auditor

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 15 of 41

712 S Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

d. Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of acceptable invoice, whichever is last. Partial payments will not be made unless specifically requested and approved by County prior to Contract award.

e. Accrual and payment of interest on overdue payments shall be governed by Tex. Gov't Code Ann., ch.

2251.

5. COUNTY TAXES: If the Contractor subsequently becomes delinquent in the payment of County taxes, it will be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of County property taxes at the time of invoicing, Contractor assigns any payments to be made for performance under this contract to the County Tax Assessor-Collector for the payment of delinquent taxes.

6. PROMPT PAYMENT ACT: TEX. GOV'T CODE ANN., ch 2251 (Vernon Supp. 1995) requires that payments be made within 30 calendar days. If County fails to pay within 30 days, interest on overdue amounts is subject to Chapter 2251, Texas Government Code. The law does not apply if the terms of a federal grant, contract, regulation, or statute prevent local governments from making timely payments with federal funds. Contractors and subcontractors must pay their suppliers interest if the supplier is not paid within 10 calendar days after the contractor or subcontractor receives payment. Contractors must apply for interest payments within 6 months of submitting a proper invoice if they believe such interest was due but not paid. Interest begins accruing 30 days after either of the following, whichever is later; (i) satisfactory delivery or performance has been completed, or, (ii) a correct invoice is received at the designated place.

7. FOB POINT: Delivery of all products under this contract, if any, shall be made Free on Board to final destination, at the address shown in this contract or as indicated on each Purchase Order placed against this contract. The title and risk of loss of the goods shall not pass to County until acceptance takes place at the F.O.B. point.

8. INSPECTION AND ACCEPTANCE: The County office or department receiving items pursuant to this contract shall inspect and accept only those items that are satisfactory to them, and reject those items which are damaged or which do not conform to specifications. Contractor shall be responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries.

9. VARIATION IN QUANTITY: No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract.

10. OFFICIALS NOT TO BENEFIT: If a member of Commissioners Court belongs to a cooperative association, the County may purchase equipment or supplies from the association only if no member of the Commissioners Court will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.

11. NONDISCRIMINATION; CIVIL RIGHTS/ADA COMPLIANCE:

a. Contractor shall not engage in employment practices that have the effect of discriminating against employees or prospective employees because of age, race, color, sex, creed, national origin or handicapped condition.

b. Contractor shall provide all services and activities required in a manner that would comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336 [S.933] if Contractor were an entity bound to comply with these laws.

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 16 of 41

12. CHANGES:

a. This Contract may be amended only by written instrument signed by both County and Contractor. It is acknowledged by Contractor that NO OFFICIAL, EMPLOYEE, AGENT OR REPRESENTATIVE OF COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO CHANGE THE SCOPE OF THIS CONTRACT OR OTHERWISE AMEND THIS CONTRACT, OR ANY ATTACHMENTS HERETO, UNLESS EXPRESSLY GRANTED

THAT AUTHORITY BY THE COMMISSIONERS COURT.

b. Contractor shall submit all requests for changes to this Contract or any attachment(s) to it to the Purchasing Manager. The Purchasing Manager shall present Contractor's requests to Commissioners Court for consideration.

13. REPRESENTATIONS:

a. Contractor represents that he has thoroughly examined the drawings, specifications, schedule, instructions and all other contract documents. Contractor has made all investigations necessary to be thoroughly informed regarding plant and facilities for delivery of material, equipment and/or services as required by the proposal conditions.

b. The Contractor's delivery time includes weekends and holidays.

c. Contractor certifies that he is a qualified, bondable business entity that he is not in receivership or contemplates it, and has not filed for bankruptcy. He further certifies that the Company, Corporation, Partnership, or Sole Proprietorship is not delinquent with respect to payment of County property taxes.

d. Contractor warrants that all applicable patents and copyrights which may exist on items that will be supplied under the contract have been adhered to and further warrants that County shall not be liable for any infringement of those rights. Warranties granted County shall apply for the duration of this contract or for the life of equipment or supplies purchased, whichever is longer. County must not extend use of the granted exclusive rights to any other than County employees or those with whom County has established a relationship aimed at furthering the public interest, and then only for official public uses. County will not knowingly or intentionally violate any applicable patent, license, or copyright. Contractor must indemnify County, its officers, agents, and employees against all claims, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees arising in connection with any alleged or actual infringement of existing patents, licenses or copyrights applicable to items sold.

e. The Contractor warrants that upon execution of a contract with the County, he will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of age, religion, race, color, sex, creed, handicap, or national origin and will submit reports as the County may require to assure compliance.

f. Contractor warrants to County that all items delivered and all services rendered will conform to the specifications, drawings, or other descriptions furnished or incorporated by reference, and will be of merchantable quality, good workmanship, and free from defects. Contractor further agrees to provide copies of applicable warranties or guarantees to the Purchasing Manager. Copies will be provided within 10 days after the Notice of Award is issued. Return of merchandise under warranty shall be at Contractor's expense.

14. SUBCONTRACTS:

a. Contractor shall not enter into any subcontracts for any service or activity relating to the performance of this Contract without the prior written approval or the prior written waiver of this right of approval from County. IT IS ACKNOWLEDGED BY CONTRACTOR THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE OF COUNTY HAS THE AUTHORITY TO GRANT SUCH APPROVAL OR WAIVER UNLESS

EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISSIONERS COURT.

b. If a subcontract is approved, Contractor must make a "good faith" effort to take all necessary and reasonable steps to insure HUBs maximum opportunity to be subcontractors under this Contract.

Contractor must obtain County approval of all proposed HUB subcontractors through the Purchasing

RFP 2024-P10 Hays County Pet Resource, Education, and Research Center – Program Coordinator Page 17 of 41

Manager. Failure by Contractor to make a good faith effort to employ HUBs as subcontractors constitutes a breach of this Contract and may result in termination of this Contract.

15. ASSIGNMENT:

a. The parties to this Contract shall not assign any of the rights or obligation hereunder without the prior written consent of the other party. No official, employee, representative or agent of County has the authority to approve any assignment under this Contract unless that specific authority is expressly granted by Commissioners Court.

b. The terms, provisions, covenants, obligations and conditions of this Contract are binding upon and inure to the benefit of the successors in interest and the assigns of the parties to this Contract if the assignment or transfer is made in compliance with the provisions of this Contract.

c. Contractor remains responsible for the performance of this Contract when there is a change of name or change of ownership. If a change of name is required, the Purchasing Manager shall be notified immediately. No change in the obligation of or to Contractor will be recognized until it is approved by Commissioners Court.

16. DISPUTES AND APPEALS: The Purchasing Manager acts as the County representative in the issuance and administration of this contract in relation to disputes. Any document, notice, or correspondence not issued by or to the Purchasing Manager or other authorized County person, in relation to disputes is void unless otherwise stated in this contract. If the Contractor does not agree with any document, notice, or correspondence issued by the Purchasing Manager, or other authorized County person, the Contractor must submit a written notice to the Purchasing Manager within ten (10) calendar days after receipt of the document, notice, or correspondence, outlining the exact point of disagreement in detail. If the matter is not resolved to the Contractor’s satisfaction, Contractor may submit a written Notice of Appeal to the Commissioners Court, through the Purchasing Manager, if the Notice is submitted within ten (10) calendar days after receipt of the unsatisfactory reply.

Contractor then has the right to be heard by Commissioners Court.

17. MEDIATION: When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality.

18. FORCE MAJEURE: If the performance by either party of any of its obligations under this Contract is interrupted or delayed due to an act of God or the common enemy or as the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not a party to this Contract, then it shall be excused from performance for such period of time as is reasonably necessary to remedy the effects thereof.

19. NON-WAIVER OF DEFAULT:

a. No payment, act or omission by County may constitute or be construed as a waiver of any breach or default of Contractor which then exists or may subsequently exist.