ESBD_362497_1718212835960_RFP 24-159 On-Site Tennis Recreational Instructor Program.pdf

RFP No. 24-159 Page 1 of 11

REQUEST FOR PROPOSAL (“RFP”) 24-159

ON-SITE TENNIS RECREATIONAL INSTRUCTOR PROGRAM

June 11, 2024

The City of Missouri City (“CITY”), Texas is soliciting sealed proposals from interested individuals who can perform the services specified in Exhibit A Scope of Services in accordance with the requirements and the terms and conditions specified herein.

The intent of the solicitation is to establish a multi-year contract.

Interested proposers who wish to respond to this solicitation must submit the required documents specified in Section 42 Submittals in a sealed envelope/package by 3 P.M. Central Daylight Time (“CDT”) July 19, 2024 addressed to:

The City of Missouri City, Texas Attn: City Secretary’s Office

Subject: RFP 24-159 (Do Not Open) 1522 Texas Parkway Missouri City, Texas 77489

Exhibit B Procurement Schedule contains specific milestone dates associated with this solicitation.

The CITY will accept sealed envelopes/packages between the hours of 8 A.M. and 5 P.M. Monday thru Friday only at the above location and is not responsible for sealed envelopes/packages delivered late and/or to the incorrect address.

The CITY will not accept electronic responses to this solicitation, nor evaluate responses that are received after the specified due date. Proposers are highly encouraged to monitor the websites listed in Exhibit B Procurement Schedule which contains information where to send questions regarding this solicitation, and where any Amendments to this solicitation will be posted.

Purchasing Division Financial Services Department City of Missouri City, Texas http://www.missouricitytx.gov/

RFP No. 24-159 Page 2 of 11

Terms and Conditions

Section 1. Amendments:

The CITY reserves the right to change the requirements and terms and conditions specified herein via an Amendment, and any Amendment(s) is binding as if it were originally incorporated in this solicitation.

The CITY will not be bound by any oral explanations, instructions, clarifications, representations, or requirements regarding this solicitation unless it is issued by the CITY via an Amendment.

Interested proposers are highly encouraged to monitor the websites listed in Exhibit B Procurement Schedule which contains information where to send questions regarding this solicitation, and where any Amendments to this solicitation will be posted.

Section 2. Anti-Trust Violations:

Interested firms that engage in consistent and continued tie bidding could cause rejection of their proposal by the CITY and result in an investigation for possible Anti-trust violations.

Section 3. Basis for Award:

The CITY intends to award a contract to the proposer(s) who can provide the required goods or services at the best value for the CITY. In determining the best value for the CITY may consider the:

• Purchase price;

• Reputation of the bidder and the bidder's goods or services;

• Quality of the bidder's goods or services;

• Extent to which the goods or services meet the CITY's needs;

• Bidder's past relationship with the CITY;

• Impact on the ability of the CITY to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations

• Employing persons with disabilities;

• Total long-term cost to the CITY to acquire the bidder's goods or services, and,

• Any relevant criteria specifically listed in this solicitation.

The CITY may negotiate and award multiple contracts as a result of this solicitation.

Section 4. Blackout Period:

Upon issuance of the solicitation and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award information, proposers desiring to respond to this solicitation nor persons acting on their behalf will not communicate (orally or in writing) with any appointed or elected official or employee of the CITY (including their families) regarding this solicitation. Such action may be perceived as trying to obtain an unfair competitive advantage by attempting to persuade or influence the outcome of this solicitation.

RFP No. 24-159 Page 3 of 11

Nothing prevents a proposer from contacting the Purchasing Division (who is the sole contact for this solicitation) per Exhibit B Procurement Schedule, or from making public statements to City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council Committee convened to discuss a recommendation regarding this solicitation.

If a proposer fails to obey the guidelines regarding vendor communication during the Blackout Period, their proposal may be subject to disqualification.

Section 5. Brand Names:

Any catalog, brand name, or manufacturer’s reference used in this solicitation is descriptive (and not restrictive) and is intended to indicate the type and quality desired. Bids on brands of like nature and quality will be considered. If proposing on other than reference specifications, the proposer must show the manufacturer, brand or trade name, lot number, etc., of what is being offered. If other than the brand(s) specified is offered, illustrations and complete descriptions should be submitted to the CITY. If a proposer takes no exceptions to the specifications or reference data, they will be required to furnish brand names, numbers, etc., as specified. All items proposed shall be new, in first-class condition, and the manufacturer’s latest model and design including containers suitable for shipment and storage, unless otherwise indicated herein. Verbal agreements to the contrary will not be recognized.

If the brochure or information included with the sealed proposal does not exactly describe the item to be furnished, then its variance should be annotated on Attachment B Exemptions.

Section 5. Cancellation:

The CITY reserves the right to cancel this solicitation at any time for any reason and may re-solicit the goods and services identified herein.

Section 7. City Council Approval:

Based on the results of this solicitation, any contract resulting from this solicitation may require the approval of the City Council of Missouri City, Texas.

Section 8. Clarification:

The CITY reserves the right to contact a proposer to have them clarify their proposal or request additional information.

Failure of a proposer to respond promptly with the information requested by the CITY may result in their proposal being removed from further consideration by the CITY.

RFP No. 24-159 Page 4 of 11

Section 9. Compliance with Laws:

The successful proposer shall:

• Ensure all equipment, supplies, and work furnished under the contract resulting from this solicitation complies with all applicable State and Federal Laws, City Ordinances, and any other regulations; and,

• Seek, obtain, and pay (independent of the CITY), all permits, certificates, and licenses required and necessary for the performance of the work specified herein, and post any notice(s) required by law.

Section 10. Contract:

Exhibit C contains the terms and conditions of the proposed contract.

Section 11. Damages:

If the successful proposer is required to perform any work on the CITY’s property, they shall be responsible for any damage(s) to the CITY’s equipment or property while performing the work under the executed contract.

Section 12. Data Collection:

Any collection or reporting of data regarding race, gender, or any other protected classification in the context of this contract solicitation (or this contract management system) is solely for the purpose of data collection and general information reporting. The City is committed to upholding all applicable federal, state, and municipal laws and regulations regarding non-discriminatory contracting practices, and the information gathered will not be used for any discriminatory practices or as a basis for decision making with respect to any contract award.

Section 13. Discrepancies:

A proposer who finds any ambiguities, errors, omissions, or inconsistencies in this solicitation should follow the instructions in Exhibit B Procurement Schedule regarding the submittals of questions.

Section 14. Due Diligence:

To protect the CITY’s best interests, the CITY may require the proposer (before the award of any contract), to show that it has the ability, capacity, and financial resources to provide the services specified herein in a satisfactory manner. Consequently, by submission of a proposal in response to this solicitation, the proposer agrees to promptly furnish to the CITY all requested information.

The CITY may take whatever actions are proper and necessary to determine if the proposer has the ability, capacity, and final resources to provide the services specified herein in a satisfactory manner.

RFP No. 24-159 Page 5 of 11

Section 15. Equal Opportunity Employer:

If awarded a contract as a result of this solicitation, the successful proposer acknowledges that they are an Equal Opportunity Employer, and they do not engage in employment practices that have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation.

Should complaints of any form of discrimination, either in the dispensation of the service or within company hiring policies be substantiated, any contract issued as a result of this solicitation may be terminated immediately.

Section 16. Errors:

A proposal that has been opened may not be changed to correct an error in the bid price.

However, should there be an error between the unit price and the extension price, the unit price shall govern.

Section 17. Ethical Behavior:

Proposers (and their authorized representatives/agents) will not engage in any behavior directly or indirectly that attempts to obtain favorable treatment concerning the outcome of this solicitation.

The CITY may, by written notice, cancel the contract without liability if it is determined by the CITY that a proposer who was awarded a contract engaged in unethical behavior.

Section 18. Evaluation Criteria:

See Exhibit D Evaluation Criteria.

Section 19. Evaluation Process:

See Exhibit E Evaluation Process.

19.1 Respondents are advised that the City will, to the extent permitted by law (including the Texas Public Information Act), protect solicitation responses from release until after the Contract award.

19.2 Respondent shall identify all confidential information in the response by noting the words "Confidential Information" individually on each page containing such confidential information. If the Respondent fails to identify such information, it agrees that by submission of its response that those sections shall be made available upon public request.

19.3 Respondent acknowledges that an Evaluation Committee consisting of representatives from various City departments and outside consultants may be appointed to review and evaluate responses to this solicitation in their totality, including any confidential or proprietary information. Respondents are advised that the City and any outside consultant shall, to the extent permitted by law, use reasonable efforts to protect the confidentiality of the responses.

RFP No. 24-159 Page 6 of 11

Section 20. Exceptions:

Any proposed exception(s) and/or modification(s) to any of the requirements or terms and conditions specified herein must be succinctly annotated on Attachment B Exceptions.

The CITY will review all statements annotated on Attachment B Exception to determine if they are in the best interests of the CITY, and reserves the right to accept, reject, modify, or negotiate any exceptions.

Section 21. Fees and Expenses:

Any additional fees and expenses, unless specifically mutually agreed upon shall be the sole responsibility of the successful proposer.

Section 22. Form 1295 Certificate of Interested Parties:

To comply with § 2252.908 of the Texas Government Code, this solicitation will require the proposer to comply with the Texas Ethics Commission requirements regarding the disclosure of interested parties.

Therefore, the CITY requires that your sealed proposal/package include a completed Form 1295 which can be obtained by going to https://www.ethics.state.tx.us/tec/1295-Info.htm.

The CITY strongly encourages proposers to view the Instructional Video for Business Entities and read the Frequently Asked Questions.

Enter “24-159” as the Contract ID Number when prompted.

Section 23. Forms:

All documents relating to this solicitation can be obtained from the websites listed in Exhibit B Procurement Schedule, and proposers are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

Proposers should thoroughly review the documents provided and are encouraged to ask questions (per Exhibit B Procurement Schedule) about this solicitation. By doing so, the proposer is provided with an opportunity to obtain as much information as they deem necessary about this project to their satisfaction (including any potential difficulties), with the goal to submit to a complete, professional, and competitive proposal to the CITY.

It is up to the proposer to determine if any independent research is necessary in order to submit a complete, professional, and competitive proposal to the CITY.

Section 24. Freight:

All prices quoted shall be Free On Board (“FOB”) Destination.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm https://www.ethics.state.tx.us/tec/1295-Info.htm

RFP No. 24-159 Page 7 of 11

Section 25. Informalities:

While evaluating the responses to this solicitation, the CITY may waive as an informality, any minor deviations in a proposer’s response provided such deviations do not affect a proposer’s competitive standing.

Section 26. Infringements:

During the term of the contract, the CITY shall be protected from any claims involving infringement of patents or copyrights.

Section 27. Insurance:

Refer to Section 12 of Exhibit C Draft Contract.

The successful proposer shall be liable for the health and safety of its employees while they are performing the work under the executed contract.

Section 28. Interlocal Agreement:

A Governmental entity that has an Inter-local Agreement with the CITY shall be allowed to utilize this contract if there is a mutual agreement between the entity and the contractor. Any usage by any entity of the contract is between the successful proposer and the individual entity, and shall not affect the award of a contract as a result of this solicitation.

Section 29. Negotiations:

The CITY may elect to negotiate with proposers to establish a contract that is most advantageous to the CITY.

All negotiations will be done in good faith, and conducted in a professional and business-like manner.

Section 30. Notice To Proceed (NTP):

The CITY may issue an NTP to the successful proposer(s), and they agree to abide by the requirements, and terms and conditions specified therein.

Section 31. Pay:

The CITY shall pay for acceptable products/services net thirty (30) days after acceptance of the required goods and/or services. Acceptance by the CITY occurs when the CITY is satisfied with the delivered products and/or services.

The CITY reserves the right to process payments by use of a corporate Procurement Credit Card (“P-Card”) issued by J. P. Morgan Chase, and the proposer agrees not to charge the CITY any fees associated with the use of the P-Card.

RFP No. 24-159 Page 8 of 11

Section 32. Pricing:

All risk and responsibility for pricing shall remain with the proposer, and all prices quoted shall be turnkey and remain firm during the term of the executed contract. Any deviation(s) from this requirement must be annotated on Attachment B Exceptions.

All prices submitted to the CITY will be developed independently and in a professional business-like manner that will not restrict competition.

The CITY is tax-exempt; consequently, quoted prices should not include taxes.

Section 33. Proprietary Information:

All responses to this solicitation received and opened by the CITY are subject to the Texas Government Code, Chapter 552, and will be made available to the public. Except for the prices which shall not be kept confidential, proposers seeking to keep any other portion(s) of their proposal confidential shall mark each that portion as “Proprietary”. The CITY will, to the extent allowed by law, endeavor to protect such information from disclosure. The CITY may request a review and determination from the Attorney General’s Office of the State of Texas, of any contents marked as “Proprietary”. A copyright notice or symbol is insufficient to identify proprietary or confidential information.

Section 34. Project Manager:

Refer to Section 7 of Exhibit C Draft Contract.

Section 35. Proposer’s Responsibility:

At the time of the opening of the sealed responses, a proposer is assumed to have inspected/visited the job sites (if applicable), understand the scope of the project requirements, and be familiar with the terms and conditions of the proposed contract.

Section 36. Requirements:

All goods and/or services offered (and subsequently delivered to the CITY), must meet or exceed the minimum specifications and requirements specified herein.

Section 37. Resubmission:

A proposer may resubmit a proposal at any time, as long as it is received by the CITY in accordance with the requirements specified on page 1 of this solicitation, or any Amendment(s) issued by the CITY.

Section 38. Reservation of Rights:

At a minimum, the CITY expressly reserves the right to:

• Reissue this solicitation;

• Reject or cancel any or all proposals;

• Specify approximate quantities in this solicitation:

• Extend the closing date and time of this solicitation;

RFP No. 24-159 Page 9 of 11

• Procure the required good(s) or service(s) by other means;

• Add additional requirements, and terms and conditions to this solicitation;

• Reject a proposal that has material omissions and/or contains fraudulent information;

• Consider and accept alternate proposals if specified herein when it is most advantageous to the CITY;

• Reject any proposal containing exceptions, additions, qualifications, or conditions not called for in this solicitation; and/or,

• Reject any proposal from a proposer who is currently debarred or suspended by the

City, State, or Federal Government.

The aforementioned is not all-inclusive but is intended to convey that the CITY will take the necessary steps to protect its best interests.

Section 39. Silence of Specifications:

The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of specifications shall be made on the basis of this statement.

Section 40. Site Visit:

The CITY may visit a proposer’s site/facility to determine firsthand if they have the capacity, resources, and personnel to perform the work specified herein.

Section 41. Submissions of Proposals:

All responses to this solicitation become the property of the CITY, and they will not be returned to the proposer.

A proposal may be withdrawn (i.e., removed from further consideration) after it has been received by the CITY, provided a letter addressed to the City’s Procurement Manager is e-mailed to Bids@missouricitytx.gov stating this request and the reason for the withdrawal.

The CITY will publicly open the sealed responses immediately after the due date specified on page 1 of this solicitation, or the date and time specified in any Amendment(s) issued by the CITY.

Proposers may attend the public opening of the sealed responses by reporting to the front desk at City Hall 1522 Texas Parkway Missouri City, Texas 77489, and letting the receptionist know of their desire to attend the opening of the sealed responses.

Proposals shall be opened to avoid disclosure of contents to competing offers, and only the name and location of the proposers will be announced. The CITY will not determine the successful proposer immediately after the proposals are opened.

All proposals submitted to the CITY shall be valid for a period of ninety (90) days from the specified due date.

mailto:Bids@missouricitytx.gov

RFP No. 24-159 Page 10 of 11

Section 42. Submittals:

The sealed envelope/package must contain a complete professional proposal in response to this solicitation. It should be bound or three-hole punched in a binder, and the following documents should be signed and submitted with a flash drive as one (1) complete pdf adobe document in the following sequence:

• Attachment A Proposal Cover Sheet

• The information required per Exhibit D Evaluation Criteria

• A pdf version of the Excel Price Sheet Sheet as required per page 5 of Exhibit D

Evaluation Criteria

• Attachment B Exceptions

• Attachment C Customer Reference List

• Attachment D Questionnaire

• Attachment E Resident Certification

• Attachment F Application for Local Preference

• Attachment G Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion (Page 2 of 2 only)

• Form 1295 Certificate of Interested Party

• Current Certificate of Insurance(s)

Note: AN EDITABLE VERSION OF THE EXCEL PRICE SHEET MUST BE

SUBMITTED AS A SEPARATE FILE ON THE FLASH DRIVE.

Proposals that do not comply with the instructions specified herein and/or do not address the CITY’s requirements may be removed from further consideration. However, the CITY reserves the right to accept said proposal if it is determined to be in the best interests of the

CITY.

Incomplete responses may be deemed non-responsive and removed by the CITY from further consideration.

The CITY is not responsible or liable for any costs incurred (directly or indirectly) by a proposer relating to the development of a response to this solicitation, or the proposer’s participation in any presentation(s) to the CITY.

Section 43. Substitutions:

Substitutions or deviations from the requirements or terms and conditions specified herein by the successful proposer(s) will not be accepted unless it has the prior written approval of the CITY.

RFP No. 24-159 Page 11 of 11

Section 44. Supplements:

The following documents referenced in this solicitation are attached herein:

• Attachment A Proposal Cover Sheet

• Attachment B Exceptions

• Attachment C Customer Reference List

• Attachment D Questionnaire

• Attachment E Resident Certification

• Attachment F Application for Local Preference

• Attachment G Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion – Federal Funding

• Exhibit A Scope of Services

• Exhibit B Procurement Schedule

• Exhibit C Draft Professional / Consulting Services Agreement

• Exhibit D Evaluation Criteria

• Exhibit E Evaluation Process

Proposers are responsible for ensuring they have the complete solicitation (including any documents incorporated by reference) and understand the project requirements and terms and conditions specified herein.

Attachment A Page 1 of 1

RFP 24-159

Attachment A Proposal Cover Sheet

REQUEST FOR PROPOSAL (“RFP”) 24-159

ON-SITE TENNIS RECREATIONAL INSTRUCTOR PROGRAM

LEGAL NAME OF COMPANY

PRIMARY CONTACT PERSON TITLE

PRIMARY TELEPHONE/CELL NUMBER E-MAIL ADDRESS

ALTERNATE CONTACT PERSON TITLE

ALTERNATE TELEPHONE/CELL NUMBER E-MAIL ADDRESS

HISTORICALLY UNDERUTILIZED BUSINESS AUTHORIZED SIGNATURE

(YES OR NO)

YES AS DEFINED BY SECTION 2161.001 OF _____________________________________

THE GOVERNMENT CODE. COMPANY TAX ID NO.

Unless otherwise specified in Attachment B Exceptions, the above agrees to comply with the requirements and terms and conditions annotated in the above-referenced solicitation and is providing the documents and information identified in the Section entitled: “Submittals”.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Attachment B Page 1 of 1

Attachment B Exceptions

The (insert name of your company) _________________________________________________ check one: *does not have (__) or **has (__) the following exceptions to the requirements specified in this solicitation:

NAME OF AUTHORIZED INDIVIDUAL SIGNATURE

Notes:

*This Attachment must be completed even if there are no exemptions.

**Attach additional sheets if necessary.

Attachment C Page 1 of 1

Attachment C Customer Reference List

Provide three (3) former or current customers (preferably public entities) your Firm has provided services similar to the work specified in this solicitation:

Customer Reference No. 1

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Dollar Amount of Contract:

Description of Services/Contract:

Customer Reference No. 2

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Customer Reference No. 3

Company Name:

Complete Address:

Name of Contact Person:

Title of Contact Person:

Phone Number:

E-mail Address:

Contract Award Date:

Attachment D Page 1 of 2

Attachment D

Questionnaire

Debarment/Suspension Information: Have you or any of the principal(s) of your company been debarred or suspended from contracting with any public entity?

Yes ___ No ___ If “Yes”, identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.

Surety Information: Have you had a bond or surety canceled or forfeited?

Yes ___ No ___ if “Yes”, state the name of the bonding company, date, amount of bond, and reason for such cancellation or forfeiture.

Bankruptcy Information: Have you ever declared bankruptcy or filed for protection from creditors under state or federal proceedings?

Yes ___ No ___ if “Yes”, state the date, court, jurisdiction, case number, amount of liabilities, and amount of assets.

Disciplinary Action: Have you received any disciplinary action, or any pending disciplinary action, from any regulatory bodies or professional organizations? If “Yes”, state the name of the regulatory body or professional organization, date and reason for disciplinary or impending disciplinary action.

Attachment D Page 2 of 2

Previous Contracts:

Have you ever failed to complete any contract awarded?

Yes ___ No ___ If “Yes”, state the name of the organization contracted with, services contracted, date, contract amount and reason for failing to complete the contract.

Has any officer or partner proposed for this assignment ever been an officer or partner of some other organization that failed to complete a contract?

Yes ___ No ___ If “Yes”, state the name of the individual, the organization contracted with, services contracted, date, contract amount, and reason for failing to complete the contract.

Has any officer or partner proposed for this assignment ever failed to complete a contract handled in his or her own name?

Yes ___ No ___ If “Yes”, state the name of the individual, the organization contracted with, services contracted, date, contract amount, and reason for failing to complete the contract.

How many full-time employees does your company employ? ________

Do you plan to subcontract any portion of the work specified herein: Yes ___ No ___

If you plan to subcontract any portion of the work, are any of the subcontractors a Historically

Underutilized Business as defined by Section 2161.001 of the Government Code? If yes, please identify:______________________________________________________________ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Attachment E

Resident Certification

Chapter 2252 of the Texas Government Code “CONTRACTS WITH GOVERNMENTAL

ENTITY, SUBCHAPTER A. NONRESIDENT BIDDERS”:

In accordance with Chapter 2252 of the Texas Government Code, a governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is:

(1) Not less than the greater of the following: (A) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located; or (B) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which a majority of the manufacturing relating to the contract will be performed; or

(2) Not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in: (A) the state in which the nonresident’s principal place of business is located; or (B) a state in which the nonresident is a resident manufacturer.

Definitions

(3) "Government contract” means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.

(4) "Governmental entity” includes a municipality.

(5) “Nonresident bidder” refers to a person who is not a resident.

(6) “Resident bidder” refers to a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

I certify that as defined in Texas Government Code, Chapter 2252 that:

Yes, I am a Texas Resident bidder

No, I am not a Texas Resident bidder

COMPANY NAME:

SECRETARY OF STATE FILING NUMBER: _______________________________

PRINTED NAME:

SIGNATURE:

Attachment E Page 1 of 1

Attachment F Application for Local Preference Consideration

Section 271.9051 (b) of the Texas Local Government Code

“CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS IN

CERTAIN MUNICIPALITIES”:

If you DO NOT have your principal place of business located within the City of Missouri City, Texas – STOP – do not fill out this form.

Texas Local Government Code Section 271.9051 (b): In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of the contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.

THIS “APPLICATION FOR LOCAL PREFERENCE CONSIDERATION” DOES NOT MEAN

THE CITY OF MISSOURI CITY, TEXAS IS LIMITING RESPONSES TO THIS SOLICITATION

ONLY TO THOSE BUSINESSES LOCATED WITHIN THE CITY LIMITS. ALL RESPONSES

ARE WELCOME. THE CITY RESERVES THE RIGHT TO REJECT ALL RESPONSES.

INTERESTED FIRMS WHO WISH TO QUALIFY UNDER THE LOCAL PREFERENCES LAW

MUST HAVE THEIR PRINCIPAL PLACE OF BUSINESS LOCATED WITHIN THE LIMITS

CITY OF MISSOURI CITY, TEXAS.

If your principal place of business is within the Missouri City, Texas limits AND you want to apply for local preference consideration, then you MUST:

1. Complete this form; and

2. Describe in writing, and attach supporting documentation, the additional economic development opportunities for the City of Missouri City, Texas that will be created if you are awarded this contract. Include the number of Missouri City, Texas residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of Missouri City, Texas if you are awarded this contract.

I certify that I am a local bidder.

COMPANY NAME:

ADDRESS OF PRINCIPAL PLACE OF BUSINESS (DO NOT PUT P.O. MAILING ADDRESS):

PRINTED NAME:

SIGNATURE:

*** Read item #2 above BEFORE signing. ***

Attachment F Page 1 of 1 https://statutes.capitol.texas.gov/Docs/LG/htm/LG.271.htm

Attachment G

Instructions For Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Federal Funding

1. By signing and submitting this proposal and the certification form, the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is providing the certification set out on the following form in accordance with these instructions.

2. The certifications in this clause are a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective participant (BIDDER/PROPOSER/ SUBRECIPENT) knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) shall provide immediate written notice to the person to whom this bid/proposal is submitted if at any time the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, "without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the No Procurement List.

8. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Attachment G Page 1 of 2

Certification Regarding Debarment, Suspension, Ineligibility, And Voluntary Exclusion

Project Name:

Location:

Solicitation No.:

This certification is required (or may be required) by the federal regulations implementing Executive Order 12549, Debarment and Suspension. The regulations were published as Part VII of the May 26, 1988, Federal Register (pages 19160-19211).

READ INSTRUCTIONS BEFORE COMPLETING THE CERTIFICATION

(1) The prospective participant (BIDDER/PROPOSER/SUBRECIPENT) certifies, by submission of this document that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State Department or Agency.

(2) Where the prospective participant (BIDDER/PROPOSER/SUBRECIPENT) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation.

Company

Name and Title of Authorized Representative

Signature Date

Attachment G Page 2 of 2

Exhibit A

IFB 24-159

Exhibit A

Scope of Services

At a minimum, the successful proposer shall be required to provide all the necessary insurance, qualified personnel, transportation, equipment, materials, supplies, and any other ancillary item(s), or resource(s) needed to perform the services specified herein at the Missouri City Recreation and Tennis Center, 2701 Cypress Point Drive, Missouri City, Texas 77459.

Primary Requirements:

1. Provide a comprehensive Junior Tennis Program including planning, staffing and coaching at the Missouri City Recreation & Tennis Center. Programming may include:

1.1 Junior Team Tennis

1.2 Junior Tennis Camps

1.3 Introductory/Beginner Junior Tennis Classes

2. Provide coaching for tennis programs implemented by the Missouri City Parks and Recreation Department. Programs may include:

2.1 Introductory Tennis Classes

2.2 Adaptive Tennis

2.3 Private and Group Lessons

2.4 Tennis Leagues and Tournaments

2.5 And other related activities as agreed upon by the City

3. Hire, train, certify, manage and schedule USTA Certified tennis coaches for teaching Missouri City’s tennis programs.

4. Provide proof of background checks of all staff and volunteers before they begin working/volunteering at the Recreation and Tennis Center.

5. Possess a minimum of 5 years of proven supervisory experience of athletic coaches, managing tournaments and leagues, and/or developing and implementing tennis lesson plans.

6. Have extensive knowledge of USTA programming methods and practices.

7. Promote Missouri City Parks and Recreation through marketing and the quality provision of all services with the highest level of service to the public.

8. Possess an unwavering commitment to uphold the highest standards of ethics, including honesty, integrity, respect, confidentiality and fairness.

Exhibit A

IFB 24-159

9. Ensure proper inspection of the courts and facilities prior to the start of play and report all necessary maintenance needs have to Missouri City staff.

10. Direct all registration services, including collection of fees, to the City to be paid to/collected by its online registration system. The successful Proposer will be paid on an established payment schedule in accordance with the agreed upon fee structure 30 days from receipt of invoice.

11. Provide the required services between the hours of 8 A.M. and 9 P.M. up to seven

(7) days per week based on a predetermined schedule created in collaboration with Parks and Recreation staff.

12. Observe, obey and comply with all policies, rules and regulations adopted by the

Parks and Recreation Department.

Additional Services:

The City, at its sole discretion, may allow the successful Proposer to provide additional services upon such terms as the parties may agree. Any additional services must be associated with, and be incidental to, tennis and/or racquet type programming and may require additional fees payable to the City. Such services may include:

13. Equipment, merchandise and stringing services at the Missouri City Recreation and Tennis Center.

14. Organize, promote, recruit and/or conduct local and USTA sanctioned tennis tournaments.

15. Provide court and equipment maintenance and repairs.

Anticipated Fee Structure:

Missouri City anticipates the fee structure of this contract to be a combination of revenue split and hourly fees:

16. Junior Tennis Program – percentage split based on revenues

17. Tennis Coaching – hourly rate for instruction

Exhibit B Page 1 of 2

Exhibit B Procurement Schedule

Item Event Date

Legal Posting in Fort Bend Independent Newspaper

June 12, 2024

Posting of all documents relating to this solicitation on the following third-party websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

(Note: You are encouraged to monitor the websites for any Amendments that may affect this solicitation.)

June 12, 2024

Deadline for the submittal of written questions and/or any discrepancies per Section 13 of the solicitation to Bids@MissouriCitytx.gov.

(Note: Questions must be submitted on your company letterhead, addressed to the City’s Procurement Manager, dated, and reference “RFP 24-159”. The CITY will not respond to comments, suggestions, or observations about this project.)

3 P.M. CDT

June 20, 2024

Deadline the City of Missouri City, Texas will post answers to written questions on the following third-party websites:

• http://www.txsmartbuy.com/esbd

• https://www.demandstar.com

• https://www.periscopeholdings.com/s2g

(Note: You are encouraged to monitor the websites for any Amendments that may affect this solicitation.)

June 26, 2024

Due Date for Sealed Responses

(Note: See page 1 where to send the sealed responses, and the Terms and Conditions for the required Submittal Documents.)

July 19, 2024 https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.demandstar.com/ mailto:Bids@MissouriCitytx.gov https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.txsmartbuy.com/esbd?page=1&agency=City%20of%20Missouri%20City%20-%20M0796 https://www.demandstar.com/

Exhibit B Page 2 of 2

EXHIBIT C DRAFT

PROFESSIONAL/CONSULTING SERVICES AGREEMENT

Professional/Consulting Services Agreement

PSA 24-

Rev. 08-2021

This AGREEMENT (“Agreement”) is entered into by and between the undersigned, ____________________ (“CONTRACTOR”), located at ____________________ and the City of Missouri City (“CITY”), Texas, a municipal corporation of the State of Texas, located at 1522 Texas Parkway, Missouri City, Texas 77489.

Section 1. Services: CONTRACTOR will perform the designated services and/or provide the designated products as set forth in Exhibit A (“Services”), which is attached hereto and incorporated for all purposes. The work under this Agreement shall be completed as detailed in Exhibit A. The terms and conditions of this Agreement take precedence over all exhibits and attachments.

Section 2. Term and Termination: This Agreement shall begin upon date of execution and shall terminate ____________________ . After the initial term, this Agreement shall be deemed renewed automatically each year for up to three (3) additional, one-year terms, unless the CITY or the CONTRACTOR elects not to renew this Agreement with thirty (30) days written notice.

This Agreement may be terminated, upon thirty (30) days written notice, by the CITY without cause or by the CONTRACTOR for cause. This Agreement may be terminated immediately by the CITY for cause. Upon termination, CITY shall pay CONTRACTOR, at the rate set out in Exhibit B, attached hereto and incorporated herein for all purposes, for Services satisfactorily performed up through the date of termination. Notwithstanding any provision in this Agreement to the contrary, CITY will not be required to pay or reimburse CONTRACTOR for any services performed or for expenses incurred by CONTRACTOR after the date of the termination notice that could have been avoided or mitigated by CONTRACTOR.

Section 3. Compensation: The CONTRACTOR shall be paid for the services as set forth in Exhibit A. The CITY shall pay the CONTRACTOR in accordance with the Texas Government Code, Chapter 2251.

For and in consideration of the services provided by the CONTRACTOR pursuant to this Agreement, the CITY shall pay the CONTRACTOR the amount not to exceed ___________________________________ ($_________.00).

The CONTRACTOR must submit invoices for all goods and/or services, and such invoices must include dates and hours of service and details of services provided. Invoices must reference the executed contract number or purchase order number. Invoices shall be submitted to the City staff member as noted in Section 20 or designee. Payment for delivery of Services rendered shall not be unreasonably withheld or delayed. The CITY shall be under no obligation to pay for services rendered without prior authorization. Invoices shall also be submitted electronically to Accounts Payable accountspayable@missouricitytx.gov with a copy to the

The CONTRACTOR shall be provided a purchase order number from the CITY and such number shall be referenced on all invoices submitted to the CITY. When the CITY believes there is mailto:accountspayable@missouricitytx.gov mailto:accountspayable@missouricitytx.gov an error on the invoice received from CONTRACTOR, the CITY has until the twenty-first (21st) day after receipt to notify the vendor of the dispute. If resolved in favor of the CITY, the vendor must submit a new invoice and the CITY has thirty (30) days to pay. If the dispute is resolved in favor of the vendor, interest is due from the original date on which the invoice would have become overdue.

Section 4. Expenses: CONTRACTOR will not be reimbursed for travel-related expenses incurred in the pursuit of this Agreement unless they are specified in Exhibit A. Documentation, which shall consist of original receipts, of costs, including, but not limited to, hotel and transportation costs, shall be provided by the CONTRACTOR for all expenses incurred in the performance of this Agreement, except mileage from the CONTRACTOR’s personal automobile.

Section 5. Limit of Appropriation and Fiscal Funding. The CONTRACTOR clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the CITY shall have available the amount budgeted by the CITY to discharge any and all liabilities which may be incurred by the CITY pursuant to this Agreement and that the total maximum compensation that the CONTRACTOR may become entitled to hereunder and the total maximum sum that the CITY shall become liable to pay to the CONTRACTOR hereunder shall not under any conditions, circumstances, or interpretations, hereof, exceed the said total maximum sum provided for in this section without prior written permission from the CITY. The CITY’S fiscal year is October 1 through September 30. If this Agreement extends beyond September 30th, there shall be a fiscal funding out. If, for any reason, funds are not appropriated to continue the contract in the new fiscal year, this Agreement shall become null and void on the last day of the current appropriation of funds without penalty of any kind or form to the CITY.

Section 6. Relationship of the Parties: CONTRACTOR is an independent contractor and is not an employee, partner, joint venture, or agent of CITY. CONTRACTOR understands and agrees that he/she will not be entitled to any benefits generally available to City of Missouri City employees. CONTRACTOR shall be responsible for all expenses necessary to carry out the services under this agreement, and shall not be reimbursed by CITY for such expenses except as otherwise provided in this Agreement.

Section 7. Authority of City Project Manager: All Services to be performed by the CONTRACTOR hereunder shall be performed to the satisfaction of the CITY’S project manager, namely the City Manager or his/her designee. The CITY’S project manager shall decide any and all questions, which may arise as to the quality or acceptability of the services performed by the CONTRACTOR and the decisions of the CITY’S project manager in such cases shall be final and binding on both parties. However, nothing contained herein shall be construed to authorize the CITY’S project manager to alter, vary or amend this Agreement.

Section 8. Intellectual Property: This Agreement shall be an agreement for services and the parties intend and consider any work created as a result of this Agreement, including any and all documentation, images, products or results, to be a work for hire under federal copyright law.

Ownership of the work shall belong to and remain the exclusive property of CITY. The work may be edited at any time within the CITY’s discretion without liability to Contractor. If the work would not be considered a work-for-hire under applicable law, CONTRACTOR hereby assigns, transfers, and conveys any and all rights, title and interest to CITY, including without limitation all copyrights, patents, rights of reproduction, rights to ownership, and right to secure registrations, renewals, reissues and extensions thereof. As the sole copyright holder of the work, CITY maintains and asserts the rights to use, reproduce, make derivative works from, and/or edit the work in any form of medium, expression or technology now known or hereafter developed, at any time within the City’s discretion. CONTRACTOR shall not sell, disclose or obtain any other compensation for the Services provided herein. If the work is one to which the provisions of 17 U.S.C.