ESBD_453810_1757948588322_Rodeo Sponsorship final RFP.pdf

Procurement Services

Request For Proposal (RFP)

RFP Number

East Texas A&M University Request For Proposals (RFP)

RFP Number

Issued Date

Response Date

3:00 PM

RFP:

DATE:

EXECUTION OF OFFER

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted.

A.1 Respondent Affirmation

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

This execution of offer must be completed, signed, and returned with the respondent's qualifications. Failure to complete, sign and return this execution of offer with the qualifications may result in rejection of the qualifications.

Signing a false statement may void the submitted qualifications or any agreements or other contractual arrangements, which may result from the submission of respondent’s qualifications. A false certification shall be deemed a material breach of contract and, at owner's option, may result in termination of any resulting contract or purchase order.

Addenda Acknowledgment

Receipt is hereby acknowledged of the following addenda to this RFP by entering yes or no in space provided and indicating date acquired. Enter “0" if none received.

No. 1 ______ Date

No. 2 ______ Date

A.2 Signature

By signing below, the Respondent hereby certifies as follows, and acknowledges that such certifications will be included in any resulting contract:

(i) the Response and all statements and information prepared and submitted in response to this RFP are current, complete, true and correct;

(ii) it is not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount trip, favor or service to a public servant in connection with the submitted response or any subsequent proposal. Failure to sign below, or signing a false statement, may void the response or any resulting contracts at TAMUS’ option, and the RESPONDENT may be removed from all future proposal lists at this state agency;

(iii) the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the RESPONDENT and to bind the Respondent under any contract which may result from the submission of the Response;

(iv) no relationship, whether as a relative, business associate, by capital funding agreement or by any other such kinship exists between RESPONDENT and an employee of TAMUS;

(v) Respondent has not been an employee of TAMUS within the immediate twelve (12) months prior to the RFP response;

(vi) no compensation has been received for participation in the preparation of this RFQ (ref. Section 2155.004 Texas

Government Code);

(vii) all services to be provided in response to this RFP will meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health law (Public Law 91-596) and its regulations in effect as of the date of this solicitation;

(viii) Respondent complies with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action;

(ix) to the best of its knowledge, no member of the Board of Regents of The Texas A&M University System, or the Executive Officers of the Texas A&M University System or its member institutions or agencies, has a financial interest, directly or indirectly, in the Project;

(x) each individual or business entity proposed by RESPONDENT as a member of its team that will engage in the practice of engineering or architecture will be selected based on demonstrated competence and qualifications only;

(xi) if the RESPONDENT is subject to the Texas franchise tax, it is not currently delinquent in the payment of any franchise tax due under Chapter 171, Texas Tax Code, or is exempt from the payment of such taxes. A false certification may result in the Respondent’s disqualification;

(xii) under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate; and,

(xiii) under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

RESPONDENT should give Payee Identification Number (PIN) (Formally Vendor ID), full firm name and address of Vendor (enter in block provided if not shown). Failure to manually sign submittal will disqualify it. The person signing the submittal should show title or authority to bind his/her firm in contract. The Payee Identification Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the Execution of Offer.

Payee Identification Number (PIN): _________________________________________________

Sole Owner should also enter Social Security Number: __________________________________

Vendor/Company: ______________________________________________________________

Signature (INK): ______________________________________________________________

Name: _______________________________________________________________________

Title: ________________________________________________________________________

Street: _______________________________________________________________________

City/State/Zip: _________________________________________________________________

Telephone No.: ________________________________________________________________

Fax No.: _____________________________________________________________________

E-mail: ______________________________________________________________________

* By signing this RFQ, RESPONDENT certifies that if a Texas address is shown as the address of the respondent, respondent qualifies as a Texas Resident Bidder as defined in Texas Government Code, § 2252.001(4).

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S SUBMISSION. FAILURE TO SIGN AND RETURN THIS

SHEET WILL RESULT IN THE REJECTION OF YOUR SUBMISSION.

NON-COLLUSION AFFIDAVIT

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the "RESPONDENT"), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other RESPONDENTS, or with any official of TAMUS or any employee thereof, or any person, firm or corporation under contract with TAMUS whereby the RESPONDENT, in order to induce acceptance of the foregoing Proposal by said TAMUS, has paid or is to pay to any other RESPONDENT or to any of the aforementioned persons anything of value whatever, and that the RESPONDENT has not, directly or indirectly entered into any arrangement or agreement with any other RESPONDENT or RESPONDENTS which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal.

The RESPONDENT hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other RESPONDENT, potential RESPONDENT, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other RESPONDENTS or potential RESPONDENTS, or to obtain through any unlawful act an advantage over other RESPONDENTS or TAMUS.

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the RESPONDENT without consultation with other RESPONDENTS or potential RESPONDENTS or foreknowledge of the prices to be submitted in response to this solicitation by other RESPONDENTS or potential RESPONDENTS on the part of the RESPONDENT, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.

CONFLICT OF INTEREST

The undersigned RESPONDENT and each person signing on behalf of the RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of TAMUS, nor any employee, or person, whose salary is payable in whole or in part by TAMUS, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature ____________________________________________

Company Name ____________________________________________

Date _______________________

Subscribed and sworn to before me this

__________ day of ________________, 20 .

Notary Public in and for the County of _____________________________, State of

___________________. My commission expires: __________________________

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S SUBMISSION. FAILURE TO SIGN AND RETURN THIS

SHEET WILL RESULT IN THE REJECTION OF YOUR SUBMISSION.

FELONY CONVICTION NOTIFICATION

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

Supplier’s Name: ________________________________________________________

Authorized company official’s name (printed): _________________________________

Date: _______________________________

Please choose one, per the below listed criteria:

1. My firm is not owned or operated by anyone who has been convicted of a felony:

Company Representative-Printed Name Signature

2. My firm is owned or operated by an individual(s) who has/have been convicted of a felony:

Name of felon(s)

Reason for conviction: __________________________________________________

Information submitted by: Print Name Signature

3. This company is a publicly held Corporation; therefore, we are exempt from this requirement.

Company Representative-Printed Name Signature

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET

WILL RESULT IN THE REJECTION OF YOUR SUBMISSION

[PROPOSAL NAME]

PROPOSAL FORM

Proposal of ____________________________________________________ (hereinafter called “respondent”) organized and existing under laws of the State of ______________ doing business as ( ) a Corporation, ( ) a Partnership, ( ) an Individual to Texas A&M University-Commerce (hereinafter called “Owner”).

In compliance with University’s Advertisement for Proposals, Respondent hereby agrees to provide the services contained herein, in strict accordance with Contract Documents.

By submission of this Proposal, each Respondent certifies that this Proposal has been arrived at independently, without consultation, communication or agreement as to any matter relating to this proposal with any other Respondent or with any competitor.

Respondent agrees to provide all the services describe in the Contract Documents.

Vendor Proposal: Attach detailed proposal, examples, including any plan drawings and/or artist renderings hereto.

Company Name (Signature)

Address of Company Name (Typewritten)

City, State and Zip Title

Telephone Date

Fax

Email Address

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS

SHEET WILL RESULT IN THE REJECTION OF YOUR SUBMISSION

EAST TEXAS A&M UNIVERSITY

PROCUREMENT SERVICES & HUB PROGRAM

REQUEST FOR PROPOSAL

RFP NUMBER

B260001

Rodeo Sponsorship

PROPOSAL MUST BE RECEIVED BEFORE:

3:00 PM Central Time, September 5, 2025

PROPOSALS SHOULD BE UPLOADED TO:

https://dms.tamuc.edu/Forms/Bid

OTHER SUBMITTAL OPTIONS INCLUDE:

MAIL, HAND DELIVER, AND/OR

EXPRESS MAIL SUBMITTAL TO:

East Texas A&M University

Procurement Services

McDowell Administration Bldg., Rm. 180

2600 S. Neal Street

Commerce, Texas 75428

Show RFP Number, Opening Date and Time on Return Envelope

Proposal must be received in the East Texas A&M University Procurement Services 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:

Jessica Gossett

Assistant Director of Purchasing

Phone 903-886-5220

Fax: 903-886-5039 Email: Jessica.Gossett@tamuc.edu

Table Of Contents

SECTION 1 GENERAL………………………………………………………………….4

SECTION 2 PROPOSAL RESPONSE…………………………………………………..7

SECTION 3 SELECTION PROCESS…………………………………………………...9

SECTION 4 GENERAL INFORMATION……………………………………………...10

SECTION 5 GENERAL TERMS AND CONDITIONS………………………………..14

SECTION 6 CONTRACTUAL REQUIREMENTS…………………………………….24

SECTION 7 KEY EVENTS SCHEDULE………………………………………………27

Attachments:

Execution of Offer

Non-Collusion Affidavit

Felony Conviction Notification

Proposal Form

Insurance Requirements

Specification Package (if applicable)

HUB Subcontracting Plan ( if applicable)

SECTION 1

GENERAL

1.1 Scope

East Texas A&M University (ETAMU) is seeking proposals for Rodeo Sponsorship managment.

The services to be provided under this Request for Proposal (“RFP”) are intended to support

ETAMU in securing sponsorship, advertising, promotional, and broadcast opportunities related to the University’s Rodeo program.

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

East Texas A&M University was founded in 1889 as East Texas Normal, and at various times has been known as East Texas State Normal College; East Texas State Teachers College; East Texas State College;

East Texas State University and became a component of the Texas A&M University System in 1996. The

University is located in Commerce, Texas, approximately sixty-five (65) miles northeast of the

Dallas/Fort Worth Metroplex.

East Texas A&M University is a multi-purpose, regional state university, serving the people of Texas, as well as out-of-state and international students. As a center of learning, East Texas A&M University accepts its responsibilities for teaching, scholarly research and creative activities, and public service.

East Texas A&M University encourages an active intellectual environment by supporting scholarly research and creative activities that advance human achievement and stimulate the intellectual growth of both faculty and students.

East Texas A&M University provides educational programs necessary for professional success of personal growth, and responsible citizenship. Through both formal and informal activities, students have the opportunity to acquire knowledge; learn reasoning and communication skills; examine their goals, values and potentialities; and, develop an enduring commitment to learning.

East Texas A&M University serves its region by providing information, facilities, research and resources to address the needs of its constituency and by sharing its public educational programs, cultural activities, and the expertise of its personnel.

1.3 Contract Term

The original contract period for an agreement resulting from this RFP will be from the date of award for three (3) years with an additional one (1) year terms.

1.4 East Texas A&M University HUB Policy and HUB Subcontracting Requirements

It is the policy of East Texas A&M University 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 East Texas A&M University contracting and purchasing.

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

Subcontracting opportunities is not anticipated for this RFP; therefore a HUB Subcontracting Plan

(HSP) is not 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/

FAILURE TO SUBMIT A COMPREHENSIVE, ACCEPTABLE HUB SUBCONTRACTING

PLAN (only if subcontractors will be used by the RESPONDENT for these services) WILL BE

CONSIDERED A MATERIAL FAILURE TO COMPLY WITH THE REQUIREMENTS OF

THE RFP AND WILL RESULT IN REJECTION OF THE RESPONSE.

Please contact East Texas A&M University ’s Chief Procurement Officer, Mr. Travis Ball, at

Travis.Ball@etamu.edu for assistance with completion of requirements as stated.

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/ http://www.window.state.tx.us/procurement/prog/hub/hub-forms/ mailto:Travis.Ball@etamu.edu

SECTION 2

STATEMENT OF WORK

2.1 Goal

East Texas A&M University (herein referred to as ETAMU) is seeking proposals in securing sponsorship, advertising, promotional, and broadcast opportunities reltated to the University’s Rodeo

Program.

Scope:

The Respondent shall, at a minimum, provide the following services:

1. Representation Services

a. Respondent shall assist the University in identifying, negotiating, and securing sponsorship, promotional, advertising, and broadcast opportunities for the Rodeo.

b. Respondent shall collaborate with the University to develop new sponsorship assets and packages as opportunities arise.

c. Respondent acknowledges that the University reserves the right to engage additional representatives or pursue sponsorships independently.

2. Sponsorship Asset Management

a. Respondent shall support the marketing and sale of the Rodeo Sponsorship Assets, which may include event sponsorships, arena signage, broadcast placements, apparel patches, hospitality packages, and other promotional opportunities such as but not limited to crash pads, bullfighter and bullfighter jerseys, barrel covers, rodeo clown, pick-up men, chute fronts, arena drag, video board, box pads, and VIP area.

b. Respondent shall propose opportunities for expanding sponsorship inventory, subject to

University review and approval.

3. Sales and Contracting

a. Respondent shall identify and solicit potential sponsors through appropriate marketing and outreach.

b. Respondent shall prepare proposals and secure written agreements with third-party sponsors, subject to prior University review and approval.

c. Respondent shall provide invoicing and collection support for sponsorship agreements, as directed by the University.

4. Financial Management

a. Respondent shall clearly outline its proposed compensation model (e.g., commission rate, flat fee, hybrid) within its RFP submission.

b. Respondent shall provide the University with periodic settlement statements or reports summarizing collected revenues, deductions, and net amounts payable to the University, in a format approved by the University.

5. Trade and In-Kind Sponsorships

a. Respondent may, when appropriate and with University approval, secure in-kind or trade benefits in exchange for sponsorship rights.

b. Respondent shall disclose and report the fair market value of all trade agreements.

6. Event Disruptions

a. Respondent shall promptly notify the University of any event or occurrence that materially affects sponsorship opportunities (including, but not limited to, force majeure events, adverse publicity, or conflicting third-party agreements).

b. Respondent shall recommend appropriate adjustments or remedies for University consideration.

7. Administrative Responsibilities

a. Respondent shall be responsible for all administrative and overhead costs associated with its performance of services, including staffing, marketing materials, and related business expenses.

b. Respondent shall maintain accurate and complete records of all sponsorship sales, costs, and revenues.

8. Reporting and Audit Rights

a. Respondent shall provide the University with regular updates regarding sponsorship activities, sales efforts, and outcomes.

b. Respondent shall permit the University, upon reasonable notice, to review relevant books, records, and documents pertaining to services performed under any resulting agreement.

9. Compliance

a. Respondent shall comply with all applicable laws, rules, and regulations, as well as

University policies and Texas A&M University System contracting requirements.

b. Respondent acknowledges that no joint venture, partnership, or assignment of rights shall be created by its engagement without prior written consent of the University.

SECTION 3

SELECTION PROCESS

3.1 Selection Process

University 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 consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

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 University, as well qualified and offering the greatest benefits, experience and value to University. University 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 University 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 University during the evaluation process.

The selection of the successful proposal may be made by University 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. University 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, University 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.

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

University 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 we will communicate that if your company is selected to present.

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

All proposals must be received by East Texas A&M University Procurement Services Department no later than 3:00 P.M. CENTRAL TIME, SEPTEMBER 23, 2025 in a sealed envelope or box marked

“RFP B260001” or through the online portal.

Proposals are to be submitted online at https://dms.tamuc.edu/Forms/Bid

Alternatively, we will accept proposals:

MAIL, HAND DELIVER, AND /OR

EXPRESS MAIL SUBMITTAL TO:

East Texas A&M University

Procurement Services Department

McDowell Administration Bldg., Rm. 180

2600 S. Neal St.

Commerce, Texas 75428

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 East Texas A&M University Holidays – Offices Closed

East Texas A&M University offices will be closed for the agency’s holidays as indicated below:

N/A

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 the entire file online through the website listed above OR submit one (1) original printed copy and one (1) External Storage Device, or “Jump Drive”, with a single file of the complete proposal. Failure to do so may be grounds for rejection of your response.

Proposal response package (envelope/box/carton) must indicate on the lower left-hand corner the

Respondent’s company name and address, and the RFP number and opening date.

NOTE: All electronic copies or “Jump Drive” copies must either be in Microsoft Office Software or

Adobe Portable Document Format (PDF).

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 East Texas

A&M University does not anticipate utilization of the “Best and Final Offer” process.

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.

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

• Completed Proposal Form

• 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 the services you organization has provided in the past three (3) years that demonstrates your organization’s capability to carry out the proposed services.

d) Project management – 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 response to this RFP, RESPONDENT must submit a Financial Proposal that clearly identifies all costs, fees and/or charges to East Texas A&M University over the term of the agreement. No particular form of Financial Proposal is required, but it must be clear and plainly identify all costs, fees and/or charges.

• Proposer 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 school, 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 East Texas A&M University Contact

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

Jessica Gossett

Procurement Services

PO Box 3011

Commerce, TX 75429

Email: Jessica.Gossett@etamu.edu

Phone: 903-886-5220

Fax: 903-886-5039

East Texas A&M University 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. 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: THE DEADLINE FOR WRITTEN QUESTIONS IS 12:00 P.M. CENTRAL TIME,

September 15, 2025.

Notice: It is the responsibility of Respondents who download this RFP from the Electronic State

Business Daily (http://esbd.cpa.state.tx.us) to check the website for any addenda for this RFP. All such addenda issued by East Texas A&M University prior to the time that proposals are received shall be 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 on September 18, 2025 by 3:00 pm.

http://esbd.cpa.state.tx.us/

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 University 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.

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

A. TERMS AND CONDITIONS: East Texas A&M University reserves the right to accept, reject, modify, and/or negotiate any and all submittals received in conjunction with this RFP. It reserves the right to waive any defect or informality in the submittals on the basis of what it considers to be in its best interests. Any submittal which East Texas A&M University determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. East

Texas A&M University reserves the right to award to the company, or companies, which in our sole judgment, will best serve our long-term interest.

This RFP in no manner obligates East Texas A&M University to the eventual purchase of any products or services described, implied, or which may be proposed, until confirmed by written agreement, and may be terminated by East Texas A&M University without penalty or obligation at any time prior to the signing of a contract.

The Respondent must include a formal copy of any Respondent terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by A&M System Office of General Counsel are essential prior to the execution of any resultant

Agreement. In the event the Respondent does not supply terms and conditions with their submittal, East Texas A&M University terms and conditions will govern this transaction.

B. GOVERNING LAW: Respondent agrees that, in the event of a dispute, laws of the State of

Texas will prevail.

C. NON-DISCRIMINATION: The parties agree that in the performance of any contract they shall not discriminate in any manner on the basis of race, color, national origin, age, religion, sex, genetic information, veteran status or disability protected by law. Such action shall include, but is not limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation. By submitting a submittal, Respondent certifies that it will conform to the provisions of the federal

Civil Rights Act of 1964, as amended.

D. CIVIL RIGHTS REQUIREMENTS: All Respondents must comply with applicable civil rights laws.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting a state of qualification, the Respondent certifies that it does not, and will not, during the performance of any resultant Agreement, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended.

F. DEBARMENT STATUS: By submitting a proposal, Respondent certifies that it is not currently debarred from submitting submittals on contracts nor is it an agent of any person or entity that is currently debarred from submitting bids on contracts.

G. PUBLIC INFORMATION: Respondent is hereby notified that East Texas A&M

Universitystrictly adheres to all statutes, court decisions, and the opinions of the Texas Attorney

General with respect to disclosure of public information. The East Texas A&M Universitymay seek to protect from disclosure all information submitted in response to this RFP until such time as the resultant Agreement is executed. Upon execution of the resultant Agreement, East Texas

A&M Universitywill consider all information, documentation, and other materials requested to be submitted in response to this RFP to be of a non-confidential and non-proprietary nature and therefore subject to public disclosure under the Texas Public Information Act, Texas Government

Code, Chapter 552. Respondent will be advised of a request for public information that implicates its materials and will have the opportunity to raise any objections to disclosure to the Texas

Attorney General

H. ALTERNATE PROPOSALS: East Texas A&M Universityreserves 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.

I. ANTITRUST: Respondent hereby assigns to East Texas A&M University, 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).

J. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION: In accordance with Section

669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of East Texas A&M Universityor any of its Members, (2) a person who at any time during the four years before the date of the contract was the executive head of East Texas A&M Universityor any of its Members, or (3) a person who employs a current or former executive head of East Texas A&M Universityor any of its Members.

K. REQUIRED CONTRACT TERMS: Respondent understands that the Administrative Services

Agreement will contain the following terms and conditions or, in the sole discretion of East Texas

A&M University, terms and conditions substantially similar to the following conditions

(“Required Terms”). If Respondent takes exception to any of the Required Terms, Respondent will submit a list of exceptions as part of its proposal.

1. INDEMNIFICATION AND HOLD HARMLESS: Subject to the statutory duties of the

Texas Attorney General, The Respondent shall defend, indemnify and hold harmless the

A&M System, Members, and their regents, employees and agents (collectively, the “East

Texas A&M UniversityIndemnitees”) from and against any third-party claims, damages, liabilities, expense or loss (each, a “Claim”) asserted against East Texas A&M

UniversityIndemnities arising out of or related to (A) an allegation that any of the

Services infringe upon, misappropriate, or otherwise violate the intellectual property rights of a third party, and/or (B) any acts or omissions of Respondent or its officers, employees, agents, representatives, or subcontractors pertaining to the activities and obligations under this Agreement, except to the extent such Claim arises from an East

Texas A&M University Indemnitee’s gross negligence or willful misconduct.

2. TERM: This Agreement shall commence upon execution and continue for three (3) years

(the “Initial Term”) unless earlier terminated in accordance with the provisions of this

Agreement. The parties may renew this Agreement for three (3) additional one-year terms (each, a “Renewal Term”, and collectively with the Initial Term, the “Term”) upon mutual written agreement signed by authorized representatives of both parties.

3. EARLY TERMINATION: East Texas A&M University shall have the right to terminate this Agreement with the Respondent without penalty after a thirty (30) day’s written notice of termination to the Respondent under the following circumstances:

A. Default of Respondent

It shall be considered a default whenever the Respondent shall:

i. Disregard or violate material provisions of the Agreement or East Texas A&M

University instructions or fail to execute the work according to the agreed upon schedule of completion and/or time of completion specified, including extensions thereof, or fail to reach agreed upon performance results.

ii. Declare bankruptcy, become insolvent, or assign company assets for the benefit of creditors.

B. Convenience of East Texas A&M University

Termination of this Agreement by the East Texas A&M University at any time for any reason.

Note: Any termination notice shall not relieve the Respondent of the obligation to deliver and/or perform prior to the effective date of the termination.

4. PROMPT PAYMENT ACT: Payment of invoices will be made thirty (30) days after receipt of a correct invoice and approval by East Texas A&M University. East texas

A&M University’s payment shall be made in accordance with Chapter 2251, Texas

Government Code (the “Texas Prompt Payment Act”), which shall govern remittance of payment and remedies for late payment and non-payment. It is the policy of the state of

Texas to make payment on a properly prepared and submitted invoice within thirty (30) days of the latter of any final acceptance of performance or the receipt of a properly submitted invoice, in conformance with the Texas Prompt Payment Act. Generally, payment will be made on the 30th day unless a discount has been arranged for more immediate payment.

5. DELINQUENT CHILD SUPPORT OBLIGATIONS: A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under an agreement to provide property, materials, or services until all arrearages have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. The Texas Family Code requires the following statement be included in this Agreement, which is certified by the signatory of the vendor hereto:

“Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

6. LOSS OF FUNDING: Performance by East Texas A&M University under this

Agreement may be dependent upon the appropriation and allotment of funds by the Texas

State Legislature (the “Legislature”). If the Legislature fails to appropriate or allot the necessary funds, East Texas A&M University will issue written notice to Respondent and the East Texas A&M University may terminate this Agreement without further duty or obligation hereunder. Respondent acknowledges that appropriation of funds is beyond the control of East Texas A&M University. In the event of a termination or cancellation under this Section, East Texas A&M University will not be liable to Respondent for any damages that are caused or associated with such termination or cancellation.

7. PAYMENT OF DEBT OR DELINQUENCY TO THE STATE: Pursuant to Section

2252.903, Texas Government Code, Respondent agrees that any payments owing to

Respondent under this Agreement may be applied directly toward certain debts or delinquencies that Respondent owes the state of Texas or any agency of the state of

Texas regardless of when they arise, until such debts or delinquencies are paid in full.

8. USE OF NAME: Each party acknowledges that all rights in any trademarks, service marks, slogans, logos, designs, and other similar means of distinction associated with that party (its “Marks”), including all goodwill pertaining to the Marks, are the sole property of that party. Neither party may use the Marks of the other without the advance written consent of that party, except that each party may use the name of the other party in factual statements that, in context, are not misleading.

9. INDEPENDENT CONTRACTOR: The successful Respondent agrees that in all respects its relationship with the East Texas A&M University will be that of an independent contractor, and that it will not act or represent that it is acting as an agent of the East

Texas A&M University or incur any obligation on the part of the East Texas A&M

University without written authority ofEast Texas A&M University. As an independent contractor, Respondent will be solely responsible for determining the means and methods for performing the services described. Respondent shall observe and abide by all applicable laws and regulations, policies and procedures, including but not limited to, those of East Texas A&M University relative to conduct on its premises.

10. PUBLIC INFORMATION ACT:

(a) Respondent acknowledges that East Texas A&M Universityis obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law.

(b) Upon East Texas A&M Univesity’s written request, Respondent will promptly provide specified contracting information exchanged or created under this Agreement for or on behalf of East Texas A&M University to the East Texas A&M University in a non-proprietary format acceptable to Member that is accessible by the public.

(c) Respondent acknowledges that the East Texas A&M University may be required to post a copy of this fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code.

(d) The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and Respondent agrees that this Agreement can be terminated if

Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

11. SUBCONTRACTING: It is the policy of the state of Texas and East Texas A&M

University to encourage the use of Historically Underutilized Businesses (“HUB”) in our contracts, purchasing transactions and through subcontracting opportunities. The goal of the HUB program is to promote equal access and equal opportunity to HUB vendors in

East Texas A&M University contracting and purchasing. Respondent will use good faith efforts to subcontract work performed under this Agreement in accordance with the HUB subcontracting plan attached hereto (“HSP”). Except as specifically provided in the HSP, Respondent will not subcontract any of its duties or obligations under this Agreement, in whole or in part. Furthermore, Respondent will comply with all of its duties and obligations under Section 20.285 of the Texas Administrative Code.

12. INSURANCE: Respondent shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth on Exhibit C attached hereto and incorporated herein by reference.

13. DISPUTE RESOLUTION: The resolution process provided in Chapter 2260, Texas

Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by the East Texas A&M University and Respondent to attempt to resolve any claim for breach of contract made by Respondent that cannot be resolved in the ordinary course of business. Respondent shall submit written notice of a claim of breach of contract under this Chapter to the Deputy Chancellor and Chief

Financial Officer for East Texas A&M University, who shall examine Respondent’s claim and any counterclaim and negotiate with Respondent in an effort to resolve the claim. This provision and nothing in this Agreement waives East Texas A&M Univeristy sovereign immunity to suit or liability and the East Texas A&M University has not waived its right to seek redress in the courts.

14. GOVERNING LAW: The validity of this Agreement and all matters pertaining to this

Agreement, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas.

15. VENUE: Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against the East Texas A&M University shall be in the county in which the primary office of the chief executive officer of the East Texas A&M University is located.

16. STATE AUDITOR’S OFFICE: Respondent understands that acceptance of funds under this Agreement constitutes acceptance of the authority of the Texas State Auditor's

Office, or any successor agency (collectively, “Auditor”), to conduct an audit or investigation in connection with those funds pursuant to Section 51.9335(c), Texas

Education Code. Respondent agrees to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested.

Respondent will include this provision in all contracts with permitted subcontractors.

17. EAST TEXAS A&M UNIVERSITYAUDIT: Respondent shall allow the East Texas

A&M University internal audit staff or a third-party auditor contracted with the East

Texas A&M Universityto conduct audits or investigations in connection with

Respondent’s obligations under this Agreement.

18. NON-ASSIGNMENT: Respondent shall neither assign its rights nor delegate its duties under this Agreement without the prior written consent of East Texas A&M University.

19. WARRANTIES: In addition to all warranties established by law, Respondent hereby warrants and agrees that:

(a) All goods and services covered by this Agreement shall conform to the specifications or other descriptions set forth in this Agreement or otherwise furnished or adopted by

East Texas A&M University, and shall be merchantable fit for the purpose intended, of best quality and workmanship, and free from all defects. East Texas A&M

University shall have the right of inspection and approval, and may, at Respondent’s expense, reject and return nonconforming goods or require re-performance of services which are not in compliance with the requirements of this Agreement.

Defects shall not be deemed waived by the East Texas A&M University failure to notify Respondent upon receipt of goods or completion of services, or by payment of invoice.

(b) All goods and/or…