ESBD_379603_1729008135515_RFP25-0001 Campus Financial Services.pdf

TARLETON STATE UNIVERSITY

PROCUREMENT SERVICES & HUB PROGRAM

REQUEST FOR PROPOSAL

RFP NUMBER

RFP25-0001

Campus Financial Services

PROPOSAL MUST BE RECEIVED BEFORE:

3:00 PM Central Time, Tuesday, November 26, 2024

MAIL PROPOSAL TO:

Tarleton State University Procurement Department

Attn: Cori Luttrell, Manager, Purchasing & HUB

Box T-0600 Stephenville, TX 76402

HAND DELIVER AND/OR EXPRESS MAIL TO:

Procurement Department

Attn: Cori Luttrell, Manager Purchasing &

HUB

201 Saint Felix Street Stephenville, TX 76401

Show RFP Number, Opening Date and Time on Return Envelope

Proposal must be received in the Tarleton State University Procurement office before the hour and date specified for receipt of proposal. If it is not received in the department by due date and time, the proposal will be considered late and will be returned to the respondent.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

REFER ALL INQUIRIES TO:

Ms. Cori Luttrell, Manager, Purchasing & HUB

Procurement Department

254-968-1683 Email: luttrell@tarleton.edu

Contents

SECTION 1

GENERAL

1.1 Scope

1.2 History

1.3 Contract Term

1.4 Tarleton HUB Policy and HUB Subcontracting Requirements

1.5 Pre-Proposal Conference

SECTION 2

STATEMENT OF WORK

2.1 Goal

2.2 Scope

2.3 Specifications

SECTION 3

SELECTION PROCESS

3.1 Selection Process

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

4.2 Notice of Tarleton Holidays – Offices Closed

4.3 Submittal Instructions

4.4 Special Requirement for Respondents

4.5 Proposal Content and Components

4.6 Tarleton State University Contract

4.7 Inquiries and Interpretations

4.8 Terms and Conditions and Contract

4.9 Protest Procedures

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

5.2 Alternate Proposal

5.3 Definitions

5.4 Time of Performance

5.5 Default

5.6 Termination

5.7 Warranties

5.8 Agreement Amendments

5.9 Independent Vendor Status

5.10 Right to Audit

5.11 Title, Risk of Loss and Freight

5.12 Acceptance of Goods and Services

5.13 Ownership of Deliverables

5.14 Sales and Use Tax

5.15 Invoicing

5.16 Payment

5.17 Reporting

5.18 Observance of University Rules and Regulations

5.19 Recall Notice

5.20 Non-Disclosure

5.21 Publicity

5.22 Severability

5.23 Non-Waiver of Defaults

5.24 License and Permits

5.25 Non-discrimination

5.26 Compliance with Law

5.27 Federal Laws and Regulations

5.28 Alcohol and Drug-Free Workplace

5.29 Force Majeure

5.30 Governing Law

5.31 Venue

SECTION 6

CONTRACTUAL REQUIREMENTS

6.1 Insurance

6.2 HUB Sub Contracting Plan (HSP)

6.3 Public Information

6.4 Indemnification

6.5 Performance/Payment Bonds

6.6 Other Benefits

6.7 Dispute Resolution

6.8 Contract Administration

SECTION 7

KEY EVENTS SCHEDULE

ATTACHMENT A

SCOPE OF WORK

EVALUATION CRITERIA

ATTACHMENT B

EXECUTION OF OFFER

ATTACHMENT C

NON-COLLUSION AFFIDAVIT

ATTACHMENT D

FELONY CONVICTION NOTICE

ATTACHMENT E

INSURANCE REQUIREMENTS

ATTACHMENT F

HUB SUBCONTRACTING FORM

SECTION 1

GENERAL

1.1 Scope

Tarleton State University (herein referred to as Tarleton) is soliciting proposals and intends to enter into an agreement to perform campus financial services. Tarleton’s proposed program will greatly expand the opportunity for campus financial services by integrating numerous campus assets into a comprehensive program. Tarleton’s intent is to establish a strategic business relationship that will advance the objectives of Tarleton by establishing a relationship with a financial service provider to provide dominant positioning and “best-in-class” products and services to the Tarleton students, faculty, staff and alumni (the “Tarleton Community”). Tarleton will be entertaining proposals from both (a) banks and (b) credit unions for the following rights:

• Intellectual Property (IP) rights – use of Tarleton marks and logos, “official” designation;

• Campus marketing category exclusivity;

• An integrated campus marketing package, including but not limited to signage, sponsorship, program support and collaboration on communicating the partnership and its benefits to the aforementioned Tarleton community;

• Best-in-class banking products and services for the Tarleton Community, including a co-branded affinity debit card program;

• Financial education seminars and tools;

• Internships and scholarships

The services will be provided in accordance with the terms, conditions, requirements, and specifications set forth in this RFP. Specifications are set forth as an attachment to this RFP and will become a part of the contract as if written herein. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.

1.2 History

Tarleton was established in 1899 in Stephenville, Texas as John Tarleton Agricultural College, a private institution. In 1917, John Tarleton became a junior college and a member of The Texas A&M University System. The college was changed to a four-year, co-educational, senior college by an act of the Legislature in 1959. In 1971, the University began offering master’s level programs, and in 1973, the Legislature changed the name of the institution to Tarleton State University.

There are over 15,000 students at the combined sites of the main campus in Stephenville, Texas at three “centers” in Fort Worth, Waco and Midlothian, Texas. Tarleton is a comprehensive university that awards over 70 bachelor degrees, 26 master degrees and 1 doctoral degree. The university strategic plan and current strategic enrollment plans include aggressive plans for graduate student enrollment growth over the next five (5) years. More information can be found at www.tarleton.edu.

Mission: Tarleton State University, a founding member of The Texas A&M System, transforms generations by inspiring discovery, leadership, and inclusion through educational excellence.

Vision: Tarleton will be the premier comprehensive regional university in the nation, with a keen focus on student success, teaching, and research.

http://www.tarleton.edu/

Values and Statements:

Excellence – Tarleton Texans pursue greatness in all efforts, promoting a spirit of leadership, adaptability, and innovation for exceptional outcomes and a better world.

Integrity – Tarleton Texans hold to the highest ethical standards and commit to serving others through transparency and accountability in everything we do.

Respect – Tarleton Texans create an inclusive community by embracing diverse perspectives with civility, honoring tradition, and promoting teamwork so everyone thrives.

1.3 Contract Term

The intent of this Agreement is to have services provided to Tarleton State University for a period of five (5) years with the option to renew for an additional five (5) years, if mutually agreed upon by both parties with all terms and conditions remaining firm.

1.4 Tarleton HUB Policy and HUB Subcontracting Requirements

It is the policy of Tarleton to encourage the use of Historically Underutilized Businesses (HUBs) in our prime contracts, subcontractors, and purchasing transactions. The goal of the HUB program is to promote equal access and equal opportunity in Tarleton contracting and purchasing.

HUB Subcontracting Plan (Required if Subcontractors will be used during Services)

Subcontracting opportunities are NOT anticipated for this RFP; therefore, a HUB Subcontracting Plan (HSP) WILL NOT BE required. In the event that the RESPONDENT determines a subcontractor(s) will be used, the RESPONDENT WILL BE required to make a good faith effort and complete the State of Texas HUB Subcontracting Plan found at -http://www.window.state.tx.us/procurement/prog/hub/hub-forms/

Please contact Tarleton State University’s Manager of Purchasing & HUB, at luttrell@tarleton.edu for assistance with completion of requirements as stated.

1.5 Pre-Proposal Conference

There will be NO Pre-Proposal Conference for this solicitation.

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/ mailto:luttrell@tarleton.edu

SECTION 2

STATEMENT OF WORK

2.1 Goal

Tarleton seeks to contract with a single vendor to provide campus financial services. Vendor will submit a proposal that includes all necessary items that are needed to perform the complete scope of work.

2.2 Scope

See attached Specification Package Attachment A

2.3 Specifications

See attached Specification Package Attachment A

SECTION 3

SELECTION PROCESS

3.1 Selection Process

Tarleton will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, give preference to a vendor whose principal place of business is in the state of Texas or who will manage the contract wholly from an office in the state of Texas.

The RESPONDENT selected will be the one who’s experience and qualifications, as presented in response to this RFP, establish them, in the opinion of Tarleton, as well qualified and offering the greatest benefits, experience and value to Tarleton. Tarleton may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

Should Tarleton determine in its sole discretion that only one RESPONDENT is fully qualified, or that one vendor is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that RESPONDENT. The award document will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the RESPONDENT’s proposal as negotiated.

Submission of proposals indicates RESPONDENT's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by Tarleton during the evaluation process.

The selection of the successful proposal may be made by Tarleton on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal may be made by University on the basis of negotiation with any of the RESPONDENTS. Tarleton shall not disclose any information derived from the proposals submitted by competing RESPONDENTS in conducting such discussions.

All proposals must be complete and convey all of the information requested to be considered responsive. If a proposal fails to conform to the essential requirements of the RFP, Tarleton alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable, and therefore a candidate for further consideration, or not susceptible and therefore not considered for award.

Tarleton reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

Tarleton reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous, and/or to make the award to the most responsive vendor.

RESPONDENT may be requested to provide an on-site presentation. RESPONDENT will be notified in writing for the detailed invite. The date has not been set for presentations, but will be communicated if your company is selected to present.

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

All proposals must be received by Tarleton State University in a sealed envelope or box prior to the date specified in the Schedule of Events with the bid number clearly marked on the outside.

Late proposals will not be considered under any circumstances. Late proposals properly identified will be returned to the Respondent unopened. Telephone and/or facsimile (Fax) proposals are not acceptable under any circumstances.

4.2 Notice of Tarleton Holidays – Offices Closed

Tarleton State University offices will be closed for the agency’s holidays. The current year’s holidays can be found at:

https://www.tarleton.edu/hr/current/holiday_schedule.html

Telephone calls and emails will not be answered, and mail and deliveries will not be received during these holiday periods. Respondents are advised to consider these dates when scheduling telephone calls, emails, and mailing or delivery of proposal responses.

4.3 Submittal Instructions

Proposal responses including Execution of Offer must be signed by the Respondent’s company official authorized to commit such proposals.

Submit one (1) original printed copy and four (4) copies. One “Jump Drive” Single File of the complete proposal is preferred but failure to submit will not result in disqualification of the proposal.

NOTE: All “Jump Drive” copies must either be in Microsoft Office Software or Adobe Portable Document Format (PDF). The original signature on ONE (1) hard copy will serve as the official signature of record for all CD copies.

Proposal response package (envelope/box/carton) must clearly indicate the Respondent’s company name and address, and the RFP number and opening date.

4.4 Special Requirement for Respondents

[Not applicable or already specified in other parts of this RFP.]

4.5 Proposal Content and Components

4.5.1 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements and specifications set forth in this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the requirements and specifications set forth in this RFP.

4.5.2 Respondents are requested to submit a proposal that represents their best offer, as Tarleton does not anticipate utilization of the “Best and Final Offer” process.

https://www.tarleton.edu/hr/current/holiday_schedule.html

4.5.3 Proposal text is to be typed single-spaced on one side of each page. All pages are to be on 8 ½ X 11-inch paper with all pages numbered sequentially and correspond with the table of contents. Do not bind proposal with spiral binding, file folders, staples, or envelopes.

4.5.4 The following information is to be returned as part of your proposal response.

Proposals submitted without this information will be evaluated accordingly

• Signed Execution of Offer

• Proposal response

• Felony Conviction Notification

• Non-Collusion Affidavit

• Demonstrated Experience and Qualifications

• Company Information

• References

• Pricing in accordance with the specifications

• Copies of all addenda that may be issued for the RFP signed by same authorized

Respondent representative who signs the Execution of Offer, or acknowledgment on the Bid Form.

4.5.5 The proposal response should also include the following information. Proposals submitted without this information will be evaluated accordingly:

• A table of contents by section to the appropriate pages

• An executive overview that provides a concise overview of the services being offered to meet the requirements of this RFP, the Respondent’s general approach to providing the services and deliverables, and documentation as to why the Respondent is the best qualified.

• A proposal narrative that is concise yet offers a complete explanation of the project. Be specific in justifying the proposal in terms of the goals and objectives described in the

RFP.

• A statement of qualifications which includes:

a) Introduction – Content shall be at the discretion of the Respondent.

b) Company background – Must provide relevant experience (years in business) with projects of this size and scope.

c) Qualifications – Information provided for professional and support staff, and/or any Subcontractors must demonstrate experience and qualifications in their particular work assignment for the project. Information provided for similar projects must be substantiated with current references. Describe services your organization has provided in the past three (3) years that demonstrates your organization’s capability to carry out the proposed services.

d) Project management methodology – Describe project organization and management methods that are most appropriate to perform the services and provide deliverables as required in this RFP. The description shall include procedures, cost and time schedules, and any other management considerations appropriate to this RFP. Contract and project managers and key personnel shall be identified. Any subcontractors shall be identified and the intended scope of their work detailed. Office locations for key personnel and any subcontractors shall be identified. The management methods shall address cost or price monitoring and control. The Respondent’s management and project tracking capabilities shall be described.

e) In its response to this RFP, respondent must submit a Financial Proposal that clearly identifies all potential revenue to Tarleton over the term of the agreement.

Marketing and Advertising:

*Tarleton will be the sole approver on all use of the Tarleton name, logo and IP.

1. Please describe your co-branded marketing expectations.

2. Describe your experience and ability to market and communicate University partnerships.

3. Describe how your marketing approach will differ between students and faculty/staff. Also, address how your approach to marketing services and account features to Texas residents differs from out-of-state domestic and international students. How will the marketing message and approach be customized for each audience?

4. Provide a description and timeline of proposed marketing implementation and activities on campus.

5. Describe new and innovative value-add promotions and informational opportunities you would offer on campus.

6. Do you have any relationships with mobile peer-to-peer payment vendors? If so, how would you leverage your relationship to bring another partner’s value to enhance the Tarleton’s Community experience?

7. Describe your experience activating University marketing assets to achieve increased customer engagement and increased sales of products and services.

8. Are there any other marketing or advertising opportunities which you would like to see included? If so, please describe the opportunity and provide a valuation of that opportunity.

Rates and Fees

1. Please describe your accounts that are available for individuals who do not qualify for a traditional checking account. For example – programs for unbanked staff.

2. How do your fees as proposed under the student and staff sections rank compared to your competitors, nationally and regionally? How do such fees compare to your best available offers for comparable products and customers? Can you commit to a program that will make the Tarleton Community as described in this RFP your “most favored customers,” and if so please explain what that would mean to you as a successful proposer?

Student Banking Products

Any financial services and/or products marketed to Tarleton’s students will be on an opt-in basis only. In addition, any financial services offered will need to provide them with significant value and tangible benefits in the form of reduced or waived fees, services otherwise not available, etc.

1. Please describe your account terms and offers for students and how they will maximize the financial value for the students.

2. It is Tarleton’s preference to have a student offering that is a “best-in-class” value, which should include no fees or at the very least greatly educed/minimized fees. If there are any fees or charges, please provide a detailed enumeration of them and a comparison showing that they are

(a) beneficial to students, when compared to other offerings by you, and

(b) a more attractive option for Tarleton students than the pricing structures offered by unaffiliated financial institutions.

3. The graduate student population at Tarleton has many of the same interests as staff and faculty in regard to wealth management, investment planning and mortgage assistance services. To what extent can you offer the same or similar services to graduate students as offered to faculty and staff?

4. Describe how student accounts will change after graduation; include both a description of the changes in account terms from student to alumni accounts after graduation and the notice period provided to students. If a student withdraws without graduation, how will you address their banking account terms, include information about transition plans and notification periods in your description.

Faculty and Staff Financial Services Products

Any financial services and/or products marketed to Tarleton’s faculty and staff will be on an opt-in basis only. In addition, any financial services offered will need to provide them with significant value and tangible benefits in the form of reduced or waived fees, services otherwise not available, etc.

1. Will the account types and fee structure for faculty and staff accounts differ from those of the student accounts described in the student section questions 1 and 2 above? If so, please describe.

2. Will the bank account privileges continue for the account holder once they leave Tarleton or after termination of the sponsoring arrangement? If not, what will happen to the bank accounts?

3. Describe opportunities for wealth management and investment planning services that would be available to faculty and staff.

4. Describe any opportunities for mortgage loan services.

5. Describe the account solutions and pricing for faculty, Staff and senior management.

6. The University is concerned about the possibilities of unbanked and under banked staff and faculty. Please describe your solutions that are targeted toward this community. Please provide information on financial services and products that you could provide to our staff that would benefit this population and not otherwise be available to this group.

7. Describe how you will determine eligibility to participate in financial programs such as investment planning, wealth management, deposit programs and savings for college and retirement so to maximize the availability of these programs across the University community (students, faculty, staff and alumni).

Alumni Financial Services Products

Any financial services and/or products marketed to Tarleton’s Alumni will be on an opt-in basis only. In addition, any financial services offered will need to provide them with significant value and tangible benefits in the form of reduced or waived fees, services otherwise not available, etc.

1. Will the account types and fee structure for Alumni accounts differ from those of the student/faculty and staff accounts described? If so, please describe.

2. Describe opportunities for wealth management and investment planning services that would be available to Alumni.

3. Describe any opportunities for mortgage loan services.

4. The University is concerned about the possibilities of unbanked and under banked Alumni. Please describe your solutions that are targeted toward this community.

Please provide information on financial services and products that you could provide to our Alumni that would benefit this population and not otherwise be available to this group.

5. Describe how you will determine eligibility to participate in financial programs such as investment planning, wealth management, deposit programs and savings for college and retirement so to maximize the availability of these programs across the University community (students, faculty, staff and alumni).

Innovation

1. Provide examples of innovation provided in current accounts and services, including online banking and mobile banking.

Banking Practices for all Account Holders

1. In what order are deposits and withdrawals processed (in other words, are deposits or withdrawals processed first, and then among withdrawals, are checks processed in the order received or highest to lowest amount)? We understand that your description may be less than comprehensive, but if so, please specifically inform us of that fact and include examples of charges or types of charges that are not included in your order of payments description.

2. Identify your secure online banking capabilities through various channels such as via computer, mobile-device, text banking, etc. Additionally, what are some of the services provided through these device channels (i.e., remote deposit capture, online account application, online bill pay. online funds transfer, intra-bank account transfers, inter-bank account transfers, online access to all products an account holder may have, online statements, etc.)?

3. Accounts must be able to accept electronic direct deposits and transfers from the University and other entities. Please explain this procedure at your institution.

4. Describe how you plan to keep student, faculty, and staff information secure. Discuss your procedures and policies for keeping information secure.

5. Discuss your fraud protection programs and policies for protecting students and other account holders against (a) liability for unauthorized use and (b) the occurrence of unauthorized transactions.

6. Describe your procedures for preventing UDAAP violations and to ensure compliance with law, rule and regulation applicable to the offered products and services.

7. Discuss how account holders will be affected by the termination of this contract and the steps that you will take to minimize any adverse financial impacts to the covered populations.

8. Will third parties have access to or use of the information? What controls are used to monitor and prevent breach of data when in transit to and held by third parties?

9. Do you screen employees (and ensure third parties with access to customer data screen employees) initially and on a periodic on-going basis? Please explain why you believe that the risks of employee misuse or misappropriation of customer data are sufficiently mitigated.

10. Would you expect that Tarleton will receive data that is subject to PCI DSS? If so, how can the program be structured so that Tarleton avoids PCI DSS compliance obligations?

11. What procedures are used to ensure that non-public personally identifiable information and other sensitive data is purged and destroyed after use?

12. Can students/faculty/staff (a) access or obtain information about the data held by you about them and (b) contest and correct inaccurate information? What systems are used to respond to such requests?

13. Do you plan to have an on-campus presence at any of the Tarleton locations?

• Respondent shall provide a list of at least 3 references where they have provided management and operational services of this type and scope. References shall include, name of company, address, point of contact, and phone number. A negative reference may be cause for disqualification of proposal. On site visit of reference may be requested.

4.6 Tarleton State University Contract

Any questions or concerns regarding this Request for Proposal shall be directed in writing to:

Ms. Cori Luttrell

Manager, Purchasing & HUB Email: luttrell@tarleton.edu

Phone: 254-968-1683

Tarleton specifically requests that Respondents restrict all contact and questions regarding this RFP to the above-named individual.

4.7 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum to the contact identified in Item 4.6. Only inquiries which are replied to by formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

Notice: It is the responsibility of Respondents who download this RFP from the Electronic State Business Daily (http://www.txsmartbuy.com/sp) to check the website for any addenda for this RFP. All such addenda issued by Tarleton prior to the time that proposals are received shall be http://www.txsmartbuy.com/sp considered part of the RFP. The Respondent shall consider and acknowledge receipt of such addenda by including signed copies of such addenda in their response.

The addendum for listing all questions and answers is scheduled to be available posted on the above referenced website as outlined in the Key Event Schedule.

4.8 Terms and Conditions and Contract

All terms and conditions and other requirements contained in this RFP shall govern any Agreement issued as a result of this RFP. Additional or attached terms and conditions which are determined to be unacceptable to Tarleton shall result in the disqualification of the proposal. By submitting a response to this RFP, you affirm your company’s intention to enter into an agreement under the terms and conditions listed in the contract example. No other form of contract will be utilized as a result of this RFP.

4.9 Protest Procedures

Any vendor wishing to challenge a purchase award made by the Department of Purchasing must make a written request to the Director of Purchasing & Contracts to review the transaction. The request for review must be made within three working days of the notification of award.

The Director of Purchasing & Contracts will review the award and provide a written explanation of the decision to the vendor making the request. In the event that the Director of Purchasing & Contracts review discovers any significant deviation from the rules, the award may be changed their discretion. The vendor may appeal the decision, within three working days, to the Director of Purchasing & Contracts who will render a decision.

If the vendor does not agree with the decision of the Director of Purchasing & Contracts, the vendor may appeal to the Vice President of Finance & Administration, whose decision will be final.

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

5.1.1 Proposal should be prepared simply and economically, providing a straightforward and concise description of the Respondent's ability to meet requirements of this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the RFP's requirements.

5.1.2 The University reserves the right to accept or reject any and all proposals, to waive informalities and technicalities, and to accept the proposal considered the "best value" and most advantageous and award to the most responsive proposal. Additionally, all Respondents are hereby notified that Tarleton shall consider all factors it believes to be relevant in the selection of the most responsive proposal including but not limited to both subjective and objective criteria and the ability of the Respondent to perform the requirements of this RFP.

5.1.3 This RFP is a solicitation for proposals and is not a Contract or an offer to Contract. Tarleton is not obligated to award a Contract and reserves the right, at the Tarleton’s exclusive option to: (1) enter into Agreements or other Contractual arrangements for all or any portion or portions of the requirements and specifications set forth in this RFP with one or more Respondents; (2) reject any and all proposals and re-solicit proposals; (3) reduce/revise the scope of work and choose portions of the work that are within the Tarleton’s budgetary limits or (4) reject any and all proposals and temporarily or permanently abandon the procurement, if deemed to the best interests of Tarleton.

Additionally, the Tarleton reserves the right to make award/s and enter into Agreement/s that stipulate options to purchase all or only specific parts of the items and/or services included in the awarded proposal/s on an “as needed” basis or an “as funded” basis.

By responding to this RFP, the Respondent fully understands and agrees that award/s and resulting Agreement/s for the purchase of any or all portions of the items and/or services included in this RFP is contingent upon availability of sufficient funding.

5.1.4 Proposals are to be valid for a minimum of ninety, (90) days from the submittal deadline date to allow time for evaluation, selection and any unforeseen delays.

5.1.5 The Respondent agrees to protect the State of Texas and the Tarleton from claims involving infringement of patents or copyrights.

5.1.6 The Respondent hereby assigns to purchaser, any and all claims for overcharges associated with any Contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

5.1.7 No substitutions or cancellations permitted without written approval of Tarleton.

5.1.8 Upon award, delivery shall be effective as stated unless the Seller obtains approval from Tarleton for late delivery. Delivery shall be made during normal working hours only unless Tarleton approves otherwise. Delivery may be a factor in award.

5.1.9 Proposals and any other information submitted by the Respondent in response to this RFP shall become the property of the Tarleton.

5.1.10 Respondents electing to reply to this RFP are responsible for all cost incurred by the Respondent for proposal preparation, submittal, presentations (oral or otherwise) that may be made, or any other cost. Tarleton is not liable for any cost incurred by Respondents.

5.1.11 Failure to comply with the requirements contained in this RFP may result in the rejection of the proposal. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by Tarleton at its option.

5.1.12 Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after it has been submitted or filed in response to this RFP. However, upon written request by the Respondent, a proposal may be withdrawn or withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal Deadline without University’s consent, which shall be based on the Respondent’s written documentation evidencing a reason acceptable to University in its sole discretion.

5.1.13 Products and services awarded as a result of this RFP may be extended to other Institutions of

Higher Education as defined by Section 61.003 Education Code, Government Code Section

2155.134. Other individual institutions may or may not elect to use this agreement.

5.2 Alternate Proposal

Tarleton reserves the right to consider alternate proposals submitted by Respondents. Alternate proposals shall be clearly marked “Alternate” with the proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

5.3 Definitions

Whenever the following terms are used in any part of this RFP the intent and meaning shall be interpreted as follows:

RFP shall mean Request for Proposal.

UNIVERSITY shall mean Tarleton State University.

HUB shall mean Historically Underutilized Business as certified by the State of Texas HSP shall mean HUB Subcontracting Plan

Respondent shall mean the individual, partnership, corporation, or other entity that submits a r response to this RFP.

Vendor shall mean the individual, partnership, corporation, or other entity awarded a Contract or Agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein Agreement / Contract shall mean the formal Contractual Agreement entered into between Tarleton and the Seller as a result of this RFP by means of purchase order and/or separate written contract.

5.4 Time of Performance

Time is of the essence in the rendering of services hereunder. Seller agrees to perform all obligations and render services set forth per this RFP in accordance with the schedules herein and as mutually agreed upon between Tarleton and Seller during the term of any Agreement resulting from this RFP. Seller will not be responsible for, or subject to default because of, any schedule changes or delays of deliverables that may be caused by the action(s) or non-action(s) of University.

5.5 Default

In the event that the Seller fails to carry out or comply with any of the terms and conditions of the Agreement with the Tarleton, Tarleton may notify the Seller of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Seller fails to remedy such failure or default within the ten (10) day period, Tarleton shall have the right to cancel the Agreement upon ten (10) days written notice.

The cancellation of the Agreement, under any circumstances whatsoever, shall not effect or relieve Seller from any obligation or liability that may have been incurred or will be incurred pursuant to the Agreement and such cancellation by Tarleton shall not limit any other right or remedy available to Tarleton at law or in equity.

5.6 Termination

5.6.1 For Convenience:

The Agreement may be terminated, without penalty, by Tarleton without cause by giving ninety

(90) days written notice of such termination to the Seller.

5.6.2 Upon award, the Agreement is subject to termination, without penalty, either in whole or in part, if funds are not appropriated.

5.6.3 The insurance policy shall provide for termination by the carrier only upon presentation of a written notice to Tarleton thirty (30) days prior to termination date.

5.6.4 In no event shall such termination by Tarleton as provided under this Section give rise to any liability on the part of Tarleton including, but not limited to, claims of Seller for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. Tarleton’s sole obligation hereunder is to pay Seller for goods and services received and approved by Tarleton to the date of termination.

5.7 Warranties

In addition to all warranties established by law, Seller hereby warrants and agrees that:

5.7.1 All goods and services covered by the Agreement shall conform to the specifications, drawings, samples or other descriptions set forth in the Agreement or otherwise furnished or adopted by Tarleton, and shall be merchantable fit for the purpose intended, of best quality and workmanship, and free from all defects. Tarleton shall have the right of inspection and approval, and may, at Seller's expense, reject and return nonconforming goods or require re-performance of services that are not in compliance with the requirements of the Agreement. Defects shall not be deemed waived by Tarleton. Failure to notify Seller upon receipt of goods or completion of services, or by payment of invoice.

5.7.2 All goods and services provided under the Agreement shall meet or exceed the Safety Standards established and promulgated under the Federal Occupational Safety and Health Administration (Public Law 91-596) and its regulations in effect or proposed as of the date of the Agreement.

5.7.3 All goods and services delivered pursuant to the Agreement shall conform to standards established for such goods or services in accordance with any applicable federal, state or local laws and regulations, unless otherwise indicated in the Agreement.

5.7.4 TECHNOLOGY ACCESS CLAUSE - The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to Tarleton that the technology provided to Tarleton for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

1. providing equivalent access for effective use by both visual and non-visual means;

2. presenting information, including prompts used for interactive communications, in formats intended for non-visual use and;

3. being integrated into networks for obtaining, receiving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology or by means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance."

5.8 Agreement Amendments

Any Agreement resulting from this RFP may be modified or amended as negotiated and /or mutually agreed upon by Tarleton and Seller. No modification or amendment to any Agreement resulting from this RFP shall become valid unless agreed in writing and signed by both the Tarleton and the Seller. All correspondence regarding modifications or amendments to the Agreement must be forwarded to the Procurement & Contracts Department for prior review and approval. Only Tarleton’s Vice President for Business and Administration or his/her designee will be authorized to sign changes or amendments to any Agreement resulting from this RFP.

5.9 Independent Vendor Status

Seller agrees that Seller and Seller's employees and agents have no employer-employee relationship with Tarleton. Tarleton shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will Tarleton furnish any medical or retirement benefits or any paid vacation or sick leave.

5.10 Right to Audit

Seller understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Seller further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Seller will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Seller and the requirement to cooperate is included in any subcontract it awards.

5.11 Title, Risk of Loss and Freight

The title and risk of loss of any goods shall not pass to Tarleton until the goods are actually received, taken possession of, and accepted by the Tarleton at point of delivery. All goods furnished hereunder shall be delivered F.O.B. destination, freight prepaid and allowed. Seller shall be responsible for any and all freight claims.

5.12 Acceptance of Goods and Services

All goods furnished and all services performed under the Agreement shall be to the satisfaction of

Tarleton and in accordance with the specifications, requirements, terms and conditions of this RFP and the Agreement. University reserves the right to inspect the goods furnished or services performed, and to determine the quality, acceptability, and fitness, of such goods or services.

All goods and equipment furnished must be new and unused at the time of delivery. All equipment must be provided with standard manufacturer’s warranty. Instruction, service and parts manuals are to be furnished at no charge. All manuals must be in English.

5.13 Ownership of Deliverables

Upon acceptance by Tarleton of any and all deliverables, such deliverables shall become the property of and full ownership conveyed to the University. Such deliverables shall include, but not be limited to, maps, charts, publications, reports and other documents, datasets, software (including licenses and permits), and any other items created by the work performed by the Seller. All copyrights, printing/reprinting and publishing/republishing rights for any publications shall be in the name of, or conveyed to Tarleton State University, a member of the A&M System.

5.14 Sales and Use Tax

Tarleton, as an agency of the State of Texas, is exempt from state and local sales and use taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Seller may claim exemption from payment of applicable state taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. Do not include taxes in prices quoted for a proposal in response to this RFP.

5.15 Invoicing

Seller shall submit one copy of an itemized invoice to the designated invoice address showing the purchase order number. In case of a problem on a disputed invoice or charge, Seller will provide necessary information (i.e. duplicate invoice, shipping information and proof of delivery) at no extra charge to Tarleton within five (5) business days of request.

All credit memos will reflect the purchase order number and the original invoice number in which the charge was initiated.

5.16 Payment

Payment will be made by Tarleton on a monthly basis for completed services that have been approved and within thirty (30) days of receipt of a correct and uncontested invoice from Seller.

Payment will be made in accordance with the Texas Prompt Payment Act, TGC, Subtitle F, Chapter 2251.

5.17 Reporting

Seller will provide reports as required to the Tarleton HUB Coordinator or his/her designee detailing the subcontracting activity, status, and updates of performance of services required in this RFP.

Seller will provide the Contract Administrator or his/her designee detailed progress and /or performance reports on a weekly or bi-weekly basis as determined by the Tarleton.

Seller may be required to have monthly conferences with a Technical Team if one is appointed by the Tarleton.

Seller will provide other reports as may be sporadically required or requested.

5.18 Observance of University Rules and Regulations

Seller agrees that at all times its employees will observe and comply with all regulations of Tarleton, including but not limited to parking and security regulations.

5.19 Recall Notice

Seller shall, immediately upon discovery of same, advise Tarleton of any and all required replacement/modifications to equipment or component parts thereof or withdrawal of product by reason of safety hazard or recall regardless of the nature of same. Any verbal notification must be confirmed in writing within twenty-four (24) hours of such verbal notification. All such formal notices will be submitted to Tarleton State University Procurement Services Department.

5.20 Non-Disclosure

Seller and Tarleton acknowledge that they or their employees may, in the performance of any Agreement resulting from this RFP, come into the possession of proprietary or confidential information owned by or in the possession of the other party. Neither party shall use any such information for its own benefit or make such information available to any person, firm corporation, or other organizations, whether or not directly or indirectly affiliated with the Seller or University unless required by law.

5.21 Publicity

No public disclosures or news releases pertaining to this RFP or any details thereof shall be made public without prior written approval of Tarleton. Seller agrees that it shall not publicize any Agreement or disclose, confirm, or deny any details thereof to third parties or use any photographs or video recordings of University’s name in connection with any sales promotion or publicity event without the prior written approval of Tarleton.

5.22 Severability

If one or more provisions of the resultant Agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the Agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

5.23 Non-Waiver of Defaults

Any failure of Tarleton at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this RFP and any resulting Agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of Tarleton at any time to avail itself of same.

5.24 License and Permits

Seller will obtain and maintain at its own expense, and in its name, all necessary licenses and permits required to perform the services required herein.

5.25 Non-discrimination

The Seller and its agents and employees are prohibited from engaging in or allowing any impermissible discrimination on the basis of race, religion, color, national origin, age, sex, disability, genetic information or veteran status in relation to (1) the Seller’s employment practices; (2) the performance of the Seller’s obligations under the Agreement. In performing its obligations under the Agreement, Seller shall be subject to and shall comply with all currently effective or subsequently promulgated polices regarding non-discrimination issued by either the Tarleton or the Texas A&M University System.

5.26 Compliance with Law

The Seller shall comply with any applicable federal, state, and local laws and regulations in performing its operations under the Agreement.

5.27 Federal Laws and Regulations

By submitting a signed proposal in response to this RFP, the Respondent certifies that it is fully informed about, and in full compliance with its obligations under existing applicable laws and regulations, including, but not limited to:

Title V1 of the Civil Rights Act of 1964, as amended (42 USC 2000(D));

Civil Rights Act of 1991;

Executive Order 11246, as amended (41 CFR 60-1 and 60-2);

Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250);

Rehabilitation Act of 1973, as amended (41 CFR 60-741);

Age Discrimination Act of 1975 (42 USC 6101 et seq.);

Non-segregated Facilities (41 CFR 60-1);

Drug-Free Workplace Act of 1988 (PL 100-690);

Federal Procurement or Nonprocurement Programs (Executive Order 12549 and 12689);

Bryd Anti-Lobbying Amendment (31 USC 1352);

Clean Air Act of 1970 (42 USC 7401 et seq.);

Federal Water Pollution Control Act (33 USC 1251 et seq.);

Omnibus Reconciliation Provision, Section 952;

Fair Labor Standards Act of 1938, Sections 6 ,7, and 12, as amended;

Americans with Disabilities Act of 1990 (42 USC 12101 et seq.);

Immigration Reform and Control Act of 1986;

Utilization of Small Business…