ESBD_385337_1734368319019_FINAL RFP 1476-1 BREATHALYZER By RCL 12-15-24.pdf

CAMERON COUNTY

PURCHASING DEPARTMENT

INVITATION TO RFP

RFP NUMBER: 1476-1

RFP TITLE: PROPOSALS TO PROVIDE TECHNICAL SUPERVISION AND MAINTENANCE

OF BREATHALYZER FOR BREATH ALCOHOL TEST PROGRAM ACTIVITIES

PER THE PROVISIONS OF TEXAS ADMINISTRATIVE CODE TITLE 37

CHAPTER 19

DATE DUE: JANUARY 8TH, 2025 DUE NO LATER THAN 3:00 P.M.

RFP’s will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – Basement Floor – Room # B17 at 3:01 p.m. (as per Purchasing Dept. time clock) on deadline due date. RFPs received later than the date and time above will not be considered.

Please return RFP ORIGINAL (marked “ORIGINAL”) AND ONE (1) COPY (marked “COPY”) sets and an electronic copy on a flash drive (searchable PDF format file only) of your RFP submittal for review by evaluation committee in a sealed envelope. Be sure that return envelope shows the RFP Number, Description and is marked “SEALED RFP”.

RETURN RFP TO:

by U.S. mail or delivered to the office of Purchasing Dept., County Courthouse (Dancy Bldg.)

1100 E. Monroe St, Basement floor, Suit #B17, Brownsville, Texas 78520.

Questions/clarifications must be submitted by: Friday, December 27, 2024, before 3:00 p.m. C.S.T.

(e-mail to purchasing@co.cameron.tx.us or fax to 956-550-7219, attention to Roberto C. Luna, Purchasing Agent) Addendum to answer all questions/clarifications will be released on Tuesday, December 31, 2024.

For additional information or to request addendum contact: Roberto Luna or Dalia Loera at (956) 544-0871, E-mail:

purchasing@co.cameron.tx.us. To ask specific questions on project requirements, please call: Jaydy Valdez at (956) 544-0846

YOU MUST SIGN BELOW IN INK; FAILURE TO SIGN WILL DISQUALIFY THE OFFER.

All prices must be typewritten or written in ink.

Company Name:______________________________________________________________________

Company Address:____________________________________________________________________

City, State, Zip Code:__________________________________________________________________

Telephone No. __________________ Fax No. _______________ e-mail _________________________

Historically Underutilized Business (State of Texas) Certification VID Number: ______________________

How did you find out about this RFP? _____________________________(ex: Newspaper, Web, mailout)

SIGNATURE:________________________________ Print Name:______________________________

Is Proposer’s principal place of Business within Cameron County? Yes - No If yes what City:____________________________

(Your signature attests to your offer to provide the goods and/or services in this RFP according to the published provision of this RFP. When an award letter is issued, this RFP becomes the contract. If a RFP required specific Contract is to be utilized in addition to this RFP, this signed RFP will become part of that contract. When an additional Contract is required a RFP award does not constitute a contract award and RFP Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued.

Responders must sign each bid/proposal page to ensure you have read each page’s information, terms, conditions and/or required forms. Failure to sign or initial each bid page will disqualify the BID/PROPOSAL offer.

mailto:purchasing@co.cameron.tx.us

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____

ACKNOWLEDGMENT OF RECEIPT

PROPOSALS TO PROVIDE TECHNICAL SUPERVISION AND MAINTENANCE OF

BREATHALYZER FOR BREATH ALCOHOL TEST PROGRAM ACTIVITIES PER THE

PROVISIONS OF TEXAS ADMINISTRATIVE CODE TITLE 37 CHAPTER 19

RFP # 1476-1

Please submit this page upon receipt

For any clarifications, please contact Mr. Roberto C. Luna, Purchasing Agent and/or Dalia Loera, Assistant Purchasing Agent at the Cameron County Purchasing Department office at: (956) 544-0871 or e-mail at: purchasing@co.cameron.tx.us

Please fax or e-mail this page upon receipt of RFP package no later than Friday, January 3, 2025 before 3:00 p.m. CST. All questions regarding this RFP should also be submitted no later than the stated date and time on RFP cover page.

Fax : (956) 550-7219 or E-mail: purchasing@co.cameron.tx.us

If you are unable to respond on this RFP solicitation, kindly indicate your reason for “Not Responding/No-Participation” below and fax or e-mail back to Cameron County Purchasing Department. This will insure you remain active on our vendor list.

Date: _______________

(___) Yes, I will be able to submit a Proposal.

(___) No, I will not be able to submit a Proposal for the following reason:

Company Name: _______________________________________________________

Company Representative Name: __________________________________________

Company Address: _____________________________________________________

Phone #: ______________________ Fax #” ___________________________

E-mail Address: ________________________________________________________

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____

CHECK LIST

Proposers are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Proposer’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your RFP packet.

_X__ Cover Sheet

Your company name, address and your signature (IN INK) should appear on this page.

_X__ Instructions to Proposers

You should be familiar with all of the Instructions to Proposers.

_X__ Special Requirements

This section provides information you must know in order to make an offer properly.

_X__ Specifications / Scope of Work

This section contains the detailed description of the product/service sought by the County.

Attachments

_X__ Addendum Acknowledgment Form – Attachment 1 (Page 17 of 52)

Be sure to complete these form and return with packet.

_X__ Attachments A, B, C, D, E, F, G, H, I & J

Be sure to complete these forms and return with packet.

__X_ Minimum Insurance Requirements

Included when applicable ____ Worker’s Compensation Insurance Coverage Rule 110.110

This requirement is applicable for a building or construction contract.

____ Financial Statement

When this information is required, you must use this form.

____ RFP Guaranty & Performance Bond Information & Requirements

This form applies only to certain RFP’s/proposals. All public work contracts over $25,000 require a Payment Bond and over $100,000 must also have a Performance Bond in a form approved by the County. Please read carefully and fill out completely.

Other – Final reminders to double check before submitting RFP

____ Is your RFP sealed with RFP #, title, Proposer’s Name, & return address, on outside?

____ Did you complete, sign and submit page 1?

____ Did you provide the number of copies as required on the cover page?

____ Did you visit our website for any addendums? https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

If not interested in responding please let us know why e-mail to: Purchasing@co.cameron.tx.us https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ mailto:Purchasing@co.cameron.tx.us

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____

CAMERON COUNTY, TEXAS

PROPOSALS TO PROVIDE TECHNICAL SUPERVISION AND MAINTENANCE OF

BREATHALYZER FOR BREATH ALCOHOL TEST PROGRAM ACTIVITIES PER THE

PROVISIONS OF TEXAS ADMINISTRATIVE CODE TITLE 37 CHAPTER 19

RFP # 1476-1

INSTRUCTIONS FOR SUBMITTING RFP’S

These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Proposers”) on behalf of Solicitations including, but not limited to, Invitations to RFP and Requests for Quotes.

Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your RFP with all appropriate supplements and/or samples. Prior to returning your sealed RFP response / submittal, all Addendums – if issued – should be reviewed and downloaded by entering the County Purchasing web https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

Addendums Column (updated Addendums). These Addendums must be signed and returned with your RFP in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual RFP award information can be accessed at:

https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/

Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy.

Cameron County is an Equal Employment Opportunity Employer. Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy.

GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the Proposer as such, in the columns to the right on the “Minimum Specifications’ Forms”. The County’s specifications may be exceeded and should be noted by the Vendor as such. Any RFP NOT MEETING the Minimum Requirements specified will be rejected.

GOVERNING LAW: This invitation to RFP is governed by the competitive RFP requirements of the County Purchasing Act, Texas Local Government Code, δ262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements.

Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions results in a change or addition to this RFP, the Change(s) and addition(s) will be forwarded to all vendors involved as quickly as possible in the form of a written addendum only.

Verbal changes to RFP’s must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to RFP will not apply.

Sign the Vendor’s Affidavit Notice, complete answers to Attachments A, B, C, D, E, F, G, H, I & J and return all with your RFP.

MINORITY/WOMAN OWNED BUSINESS ENTERPRISE (M/WBE), DISADVANTAGED BUSINESS ENTERPRISE (DBE), AND HISTORICALLY UNDERUTILIZED BUSINESS (HUB):

Cameron County encourages and strives towards an ever-increasing expansion in opportunities for M/WBE’s & HUB’s in assisting the County for its Purchasing needs. Cameron County’s policy is to increasingly involve qualified M/WBE & HUBs to the greatest extent feasible in the County's procurement process.

Objectives of County HUB Program

Ongoing increase in procurement opportunities for M/WBE’s & HUB’s

Assisting M/WBE’s & HUB’s with registration to Bidders List and Bid opportunities that may be of interest

Directing M/WBE’s & HUB’s to various beneficial web links giving them additional opportunities

Certification Process: Federal, state, and local regulations determine the type of certification(s) available. Attached below are links to various Certification agencies which are available to assist you in obtaining your M/WBE’s & HUB’s Certification.

HUB Certification Sources:

State of Texas HUB Certification Process

Historically Underutilized Business (HUB) Program (texas.gov) Texas Statewide HUB System | Texas Comptroller of Public Accounts (gob2g.com)

Register with State as a HUB Vendor https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ http://www.window.state.tx.us/procurement/prog/hub/hub-certification/ https://comptroller.texas.gov/purchasing/vendor/hub/ https://texashub.gob2g.com/ https://texashub.gob2g.com/ http://www.window.state.tx.us/procurement/registration/

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____

HUB Certification Agreements

HUB Minority & Women Organizations

M/WBE’s & HUB’s Questions Cameron County contact:

Jaydy Valdez, Bids/Proposals Coordinator P: 956-544-0846 | Email: jaydy.valdez01@co.cameron.tx.us

The County, its contractors, their suppliers and subcontractors, and vendors of goods, equipment services, and professional services shall not discriminate on the basis of race, color, religion, national origin, handicap, or sex in the award and/or performance of contracts. All vendors, suppliers, professionals, and contractors doing business or anticipating doing business with Cameron County shall support, encourage, and implement affirmative steps toward our common goal of establishing equal opportunity for all citizens of Cameron County.

REQUIREMENT OF ALL BIDDERS/PROPOSERS: Each firm responding to this solicitation shall be required to submit with their proposal information regarding minority/women business and HUB business participation in this project.

CONFLICT OF INTEREST QUESTIONNAIRE:

For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter §176 of the Local Government Code by a person doing business with the governmental entity.

By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section §176.006, Local Government Code. A person commits an offense if the person violates Section §176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section §176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.

Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions.

Can be downloaded at the following web site:

https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf

DISCLOSURE OF INTERESTS:

This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.”

Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions.

Can be downloaded at the following web site:

https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf

TEXAS ETHICS COMMISSION FORM 1295

All RFPs prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor.

All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted and printed. Form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of RFP award. There is no charge for this TEC online process.

Texas Ethics Commission (TEC) Form 1295 must be completed (by firm – on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm )

If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “ Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions tab Link:

https://www.cameroncounty.us/vendors-tec-form-1295/

PROPOSER SHALL SUBMIT RFP ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE RFP PACKET. In the event of inclement weather and County Offices are officially closed on a Proposal deadline day, RFP’s will be received unit 2:00 p.m. of the next business day. Proposals will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – Basement Floor – Room # B17 (as per Purchasing Dept. time clock).

RFP’s SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED

VOID AND UNACCEPTABLE.

http://www.window.state.tx.us/procurement/prog/hub/certagreements/ http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/ mailto:jaydy.valdez01@co.cameron.tx.us https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.cameroncounty.us/vendors-tec-form-1295/

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____

PRESENTATIONS SEQUENCE TO EVALUATION COMMITTEE. Presentations to Evaluation Committee will be sequenced (in order) as determined by the utilization of RANDOM.ORG. Process will be conducted in the Purchasing Dept. with Auditor’s designee present.

SUCCESSFUL PROPOSERS WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding outcome of award.

PROPOSERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding proposers are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site:

https://www.cameroncountytx.gov/commissioners-court-agendas/

OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other proposers, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your RFP package.

PLEASE NOTE CAREFULLY

THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON SUMBITTING YOUR REPONSE

1. ORIGINAL (marked “ORIGINAL”) AND ONE (1) COPY (marked “COPY”) sets and an electronic copy on a flash drive

(searchable PDF format file only) of your RFP submittal for review by evaluation committee in a sealed envelope MUST BE SUBMITTED. Each RFP shall be placed in a separate envelope completely and properly identified with the name and number of the RFP. RFP’s must be in the Purchasing Department BEFORE the hour and date specified.

2. Proposals MUST give full firm name and address of the proposer. Failure to manually sign RFP will disqualify it. Person signing RFP should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT.

3. Proposals CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by Proposer or his authorized agent. No RFP can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason.

4. Written and verbal inquires pertaining to bids must give RFP Number and Company.

5. NO changes or cancellations permitted without written approval of Purchasing Agent. The County reserves the right to accept or reject all or any part of any RFP and waive minor technicalities.

6. This is a RFP inquiry only and implies no obligation on the part of Cameron County.

7. Partial RFP’s will not be accepted unless awarded by complete category or line item. To be awarded by total RFP

8. It is expected that the Proposer will meet all state and federal safety standards and laws in effect on the date of the RFP, for the item(s) being specified, and the particular use for which they are meant.

9. It is the responsibility of the Proposer to ask any and all questions the Proposer feels to be pertinent to the proposal. Cameron County shall not be required to attempt to anticipate such questions for proposers. Cameron County will endeavor or respond promptly to all questions asked.

10. If PROPOSER takes exception to specifications or reference data, he will be required to provide details etc. as specified.

11. A proposal may not be withdrawn or canceled by the proposer without the written acknowledgment of the County for a period of sixty (60) days following the date designated for the receipt of proposal, and proposer so agrees upon submittal of the proposal.

12. If a Bid Bond is required in this Proposal it must be included in Proposers Sealed RFP package.

13. The County reserves the right to accept or reject all or any part of any RFP, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total RFP. Prices should be itemized. County also reserves the right to award either with or without trade-in, if applicable. Cameron County reserves the right to award if only one (1) RFP was received.

Cameron County retains the option to re-solicit at any time if in its best interest and is not automatically bound to renewal or re-solicitation. The County reserves the right to hold all RFPs for 60 days from the due date of receipt without actions. The County reserves the right to add additional County Departments (at a later time during this RFP award) as the need arises. The County also reserves the right to consider utilizing CO-OP Interlocal Agreements / pricing if determined to be more advantageous to the County.

14. All property of Cameron County must remain (at all times) within the United States – without exception – unless prior Agenda approval has been given by Commissioners Court.

15. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN RFP. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code δ151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent.

16. Proposals are scheduled to be opened and publicly acknowledged at the Cameron County Commissioners Courtroom, on the https://www.cameroncountytx.gov/commissioners-court-agendas/

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____ scheduled date and time specified on cover sheet of this RFP package. Proposers, their representatives and interested persons may be present. The proposals shall be opened and acknowledged only so as to avoid disclosure of the contents to competing proposers and shall remain confidential during negotiations. However, all proposals shall be opened for public review after the concession lease agreement is approved, except for trade secrets and confidential information contained in the proposal and identified by proposers as such.

17. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting concession agreement. All change orders to this RFP will be made in writing by the Cameron County Purchasing Department. Award of proposal does not constitute a concession agreement. A binding concession agreement will be negotiated by the Cameron County Property Manager and approved by the Commissioners Court after the proposal has been awarded.

18. No public official shall have interest in this RFP except in accordance with Vernon’s Texas Codes Annotated, Local

Government Code Title 5. Subtitle C, Chapter §171.

19. The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Cameron County.

20. All proposals meeting the intent of this RFP will be considered for a possible concession lease agreement negotiation.

21. Any interpretations, corrections or changes to this RFP will be made by addenda. Sole issuing authority of addenda shall be vested in Cameron County Purchasing Department. Addenda will be mailed to all who are known to have received a copy of this RFP. Proposers shall acknowledge receipt of all addenda in writing.

22. Proposals must comply with all federal and state laws, County policy and local regulations.

23. Cameron County may request a presentation and additional information to determine proposer’s ability to sufficiently meet these minimum responsible standards listed above.

24. Cameron County requests proposer to supply, with this RFP, a list of at least three (3) references. Include full name and title, address, telephone number, fax number and name(s) of contact person.

25. Successful proposer shall defend, indemnify and save harmless Cameron County and all its officers, agents and employees from all suits, actions, or other claims of any person, persons, or property on account of negligent act or fault of the successful offered, or of any agent, employee, subcontractor or supplier in the execution of or performance under any contract which may result from proposal award. Successful proposer shall pay any judgment including costs, which may be obtained against Cameron County developing out of such injury or damages.

26. Any notice provided by this proposal or required by Law to be given to the successful proposer by Cameron County shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Brownsville, Texas by Registered or Certified mail with sufficient postage affixed thereto, addressed to the successful proposer at the address so provided; this shall not prevent the giving of actual notice in any other manner.

27. It is the responsibility of the bidder or proposer to ask any and all questions the bidder or proposer feels to be pertinent to the bid or proposal. Cameron County shall not be required to attempt to anticipate such questions for bidders or proposers. Cameron County will endeavor to respond promptly to all questions asked.

28. Availability of Funds: This procurement is subject to the availability of funding. Cameron County’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the County for any payment shall arise until funds are made available to the County for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the County. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract.

29. Non-Appropriation Clause: Notwithstanding any provisions for this agreement, the parties agree that the services are payable by

Cameron County from appropriations, grants, and monies from the General Fund and other sources. In the event sufficient appropriation, grants, and monies are not made available to Cameron County to pay these services for any fiscal year, this Agreement shall terminate without further obligation of County. In such event, the Cameron County Administrator shall certify to contractor that sufficient funds have not been made available to County to meet the obligations of this Agreement; such certification shall be conclusive upon parties.

PURCHASE ORDER AND DELIVERY: The successful PROPOSER shall not deliver products or provide services without a contract approved by the Cameron County Commissioners Court and a Cameron County Purchase Order signed by an authorized agent of the Cameron County Purchasing Department.

This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Cameron County without prejudice to other remedies provided by law. Where delivery times are critical, Cameron County reserves the right to award accordingly.

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____

NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of their intention to cure and may then make a conforming tender within the contract time but not afterward.

PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order. Any change thereto shall be affected by modification as provided for in clause 20, “Modifications”, hereof. The terms of this agreement are “no arrival, no sale”.

DELIVERY TERMS AND TRANSPORTATION CHARGES: RFP must show number of days required to place material in receiving agency’s designated location under normal conditions. Failure to state delivery time obligates Proposer to complete delivery in 24 hours.

A five-day difference in delivery promise may break a tie. Unrealistically short or long delivery promises may cause RFP to be disregarded.

Consistent failure to meet delivery promises without valid reason may cause removal from Proposer list.

An accurate delivery date must be quoted on the “RFP Form”. When there are various items, a delivery date must be included with each item quoted. Freight and shipping charges to Cameron County must be included in the RFP price. Final location will be supplied to the vendor on award of RFP, F.O.B. destination. Delivery locations will be: Various County Building locations. Delivery days after receipt of order (ARO). Specify all (various) dates by categories or item if different ______________.

If delay is foreseen, contractor shall give written notice to Director of Purchasing. The County has the right to extend delivery date if reasons appear valid. Contractor must keep County advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorized the County to purchase supplies elsewhere and charge full increase in cost and handling to defaulting contractor. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless otherwise noted in RFP.

VARIATON IN QUANTITY: The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein.

SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows: (a) Seller’s name and address; (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided.

Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.

SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods.

TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery.

INSPECTION: Upon receiving item(s), they will be inspected for compliance with the RFP Specifications. If the item(s) do not pass inspection, the vendor will be required to pick up the rejected item(s) at the delivery point, provide the necessary replacement, and return the item(s) to the original point of delivery.

All items proposed shall be new, in first class condition, including containers suitable for shipment and storage (Cameron County prefers recycled packaging whenever possible), unless otherwise indicated in RFP. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to Purchaser’s approval. Unsatisfactory material will be returned at Seller’s expense. Cameron County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a RFP item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the RFP as inadequate.

TESTING: Cameron County reserves the right to test equipment, supplies, material and goods Proposed for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the RFP is subject to rejection. County user Dept.(s) reserves the right to make the final determination as to equivalents.

SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such.

INVOICES AND PAYMENTS: (a) Vendor shall submit separate invoices, in duplicate, on each purchase order after each delivery.

Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice. Mail to: Cameron County, ATTN:

Auditor’s Office, 1100 East Monroe St., Brownsville, Texas 78520. Payment shall not be due until the above instruments are submitted after delivery. Vendors must keep the Auditor advised of any changes in your remittance addresses. (b) County’s only obligation to pay Vendor is to pay from funds budgeted and available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by the County. (c) Do not include Federal Excise, State or City Sales Tax. County shall furnish tax exemption certificate if required.

Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the Vendor for correction.

Under term contracts, when multiple deliveries and/or services are required, the Vendor may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____ all payments made for good and/or services provided under this contract, the Vendor should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Cameron County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services.

Vendor shall submit two (2) copies of an itemized invoice showing RFP number and purchase order number to:

CAMERON COUNTY AUDITOR

ACCOUNTS PAYABLE

1100 EAST MONROE ST.,

BROWNSVILLE, TEXAS 78520

Please note that any payment due under this RFP award will be applied towards any debt, including but not limited to delinquent taxes that is owed to Cameron County.

PAYMENT DISCOUNT: Indicate the payment discount (s) available depending on the when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. Payment in full will be made within thirty (30) days of delivery, inspection, and receipt of invoice.

All costs quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this RFP in excess of the amounts quoted.

Criminal Background Checks are Mandatory:

Checks are mandatory for all personnel performing work on Cameron County sites. Contractors, consultants, and subcontractors are required to take all reasonable steps to assure that their employees do not represent a threat to the County or Facilities. Failure to comply with this requirement may result in immediate termination of any award or contract. The selected contractor shall provide a complete list of names (including supervisors) that may be working on campus. The contractor(s) shall remove from the Cameron County workplace any of its employees who are found to be unacceptable by Cameron County. Such requests shall not be unreasonable, are the sole decision of Cameron County, and are not subject to negotiation. Contractor shall provide proper identification for all contractor employees. While on Cameron County premises, all contractor employees must wear attire that identifies them as contractor’s employee with identification visible from both the front and the back. Vehicles shall be clearly identified as company vehicles and be maintained in a neat clean and sanitary condition. At least one person in each vehicle, preferably the driver, must be able to speak, read and write. It shall be the contractor’s responsibility to see that employees render quiet and courteous service.

Trade Secrets, Confidential Information and the Texas Public Information Act.

If you consider any portion of your Bid/Proposal/Qualification Statement to be privileged or confidential by statue or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

Bid/Proposal/Qualification Statement will be opened in a manner that avoids disclosure of the contents to competing offers and to keep the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection.

Cameron County will honor your negotiations of the trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request, and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section §552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that the information is in fact not privileged and confidential under Section §552.110 of the Government Code and Section §252.049 of the Local Government code, then such information will be made available to the requested.

Bid/Proposal/Qualification Statement are to be signed by an officer of the company authorized to bind the submitter to its provisions.

Bid/Proposal/Qualification Statement are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than ninety (90) days required. The Bid/Proposal/Qualification Statement submitted by the bidders/proposer/responders shall become an integral part of the contract between the County and the bidder/proposer/responder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same.

THE RESPONDENT IS RESPONSIBLE FOR READING AND UNDERSTANDING ALL DOCUMENTS, FORMS, SPECIFICATIONS, AND INSTRUCTIONS WITHIN THIS ENTIRE DOCUMENT. Follow all RFP package instructions; you are responsible for obtaining any information needed in order to respond to this solicitation. Further, the Respondent is responsible for providing any and all relevant information necessary to submit a response. Failure to do so will be at the Respondent’s risk and may result in rejection of the response as non-conforming.

General Requirements apply to all advertised solicitations; however, these may be superseded, whole or in part, by OTHER DATA CONTAINED HEREIN. Be sure your proposal package is complete.

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____

CAMERON COUNTY, TEXAS

PROPOSALS TO PROVIDE TECHNICAL SUPERVISION AND MAINTENANCE OF

BREATHALYZER FOR BREATH ALCOHOL TEST PROGRAM ACTIVITIES PER THE

PROVISIONS OF TEXAS ADMINISTRATIVE CODE TITLE 37 CHAPTER 19

RFP # 1476-1

Cameron County is soliciting seal competitive proposals for TECHNICAL SUPERVISION AND MAINTENANCE OF

BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES AS PER THE PROVISIONS

OF TEXAS ADMINISTRATIVE CODE, TITLE 37, CHAPTER 19 BY THE TEXAS DEPARTMENT OF PUBLIC SAFETY. This project shall commence once awarded by Commissioners’ Court and must be for a term of one (1) primary year ending on December 31, 2025; with a mutually agreed option to renew once or twice for one (1) additional year with each renewal (Two (2) renewal years), with prices and all terms remaining constant and based upon Commissioners Court's final approval.

Each proposal shall include an executive summary outlining the vendor’s knowledge, experience and certification to conduct evidential breath alcohol analyses for law enforcement in order to provide technical supervision and training to Cameron County’s Alcohol Breath Test Program . In addition, participants should also provide knowledge, experience and certification to provide standardized calibration processes for evidential breath alcohol test instruments currently used by Cameron County.

SCOPE OF SERVICES

Cameron County currently has three (3) evidential breath alcohol test instruments; evidential breath alcohol test instruments model “Intoxilyzer 9000” located at Cameron County Jail, Port Isabel PD and Harlingen PD, placed into service in 2016.

The vendor submitting a proposal must include proposal cost for providing technical supervision and training along with required maintenance and calibration of all three (3) Intoxilyzer 9000 equipment on a annual basis and must be all inclusive of any direct or indirect expenditures for parts and repairs, travel and/or client representation.

Cameron County will work collaboratively with the selected proposer to develop a schedule for training of law enforcement staff required to use evidential breath alcohol test instruments as well as to schedule necessary equipment maintenance and calibration in order to meet/comply with Texas Department of Public Safety standards and requirements.

Successful proposer shall provide all required insurances and certifications/licenses in order to maintain compliance with any and all local, state and federal requirements and regulations.

All proposers must identify who will be working on this contract and identify if any subcontractors will be brought on by the proposer.

The County will pay, subject to the laws governing its finance, the vendor's bills within thirty (30) days of invoicing.

SUCCESSFUL OFFEROR SHALL

Successful Offeror shall defend, indemnify and save harmless Cameron County and all its officers, agents and employees from all suits, actions or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful Offeror, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from proposal award. Successful Offeror shall pay any judgment with cost which may be obtained against Cameron County growing out of such injury or damages.

In order to be considered, all submittals must be signed by an authorized representative of the firm. For hardcopy submissions, please sign the original in blue ink and ensure the copy is clearly labeled.

Roberto C. Luna, CPM, CTCD, CTCM Purchasing Agent Cameron County

RFP # 1476-1 TECHNICAL SUPERVISION AND MAINTENANCE OF BREATHALYZER FOR BREATH & ALCOHOL TEST PROGRAM ACTIVITIES Responder’s Initials: _____

INSURANCE REQUIREMENTS

The successful Proposer shall furnish the County with certified copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract.

1. Commercial General Liability insurance at minimum combined single limits of $1,000,000 per-occurrence and $2,000,000 general aggregate for bodily injury and property damage, Coverage must be amended to provide for an each-project aggregate limit of insurance. An alternative would be to have separate limits for all lines of General Liability coverage for each project.

2. Workers Compensation insurance at statutory limits, including Employers Liability coverage a minimum limit of $1,000,000 each-occurrence each accident/$1,000,000 by disease each-occurrence/$1,000,000 by disease aggregate.

(if applies)

3. Commercial Automobile Liability insurance at minimum combined single limits of $1,000,000 per-occurrence for bodily injury and property damage, including owned, non-owned, and hired car coverage.

4. Contract vendor will be responsible for any third-party contractor, and shall either assure County the third-party meets the same insurance requirements or contract vendor shall take on the third-party vendor's liability as their own

5. A Comprehensive General Liability insurance form may be used in lieu of a Commercial General Liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 each-occurrence, combined single limit, and coverage must include a broad form Comprehensive General Liability Endorsement.

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

A. The County shall be named as an additional insured with respect to General Liability and Automobile

Liability.

B. All liability policies shall contain no cross-liability exclusions or insured versus insured restrictions.

C. A waiver of subrogation in favor of the s shall be contained in the workers’ compensation, and all liability policies.

D. All insurance policies shall be endorsed to require the insurer to immediately notify County of any material change in the insurance coverage.

E. All insurance policies shall be endorsed to the effect that County will receive at least sixty- (60) days notice prior to cancellation or non-renewal of the insurance.

F. All insurance policies, which name County as an additional insured, must be endorsed to read as primary coverage regardless of the application of other insurance.

G. Required limits may be satisfied by any combination of primary and umbrella liability insurances.

H. Contract vendor may maintain reasonable and customary deductibles, subject to approval by County.

I. Insurance must be purchased from insurers that are financially acceptable to County. Insurer must be rated A- or greater by AM Best Rating with an admitted carrier licensed by the Texas Department of Insurance.

7. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. Certificates of

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

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

B. Shall specifically set forth the notice-of-cancellation or termination provisions to County.

8. Contract vendor shall furnish County with certified copies of all insurance policies at least thirty (30) days prior to commencement of operations.

RFP # 1476-1…