ESBD_484263_1768938080443_RFP MMR and Digital Advertising final.pdf

TARLETON STATE UNIVERSITY

PROCUREMENT SERVICES & VETHUB PROGRAM

REQUEST FOR PROPOSAL

RFP NUMBER

04-TARLTON-RFP-0015

MANAGEMENT OF CAMPUS SPONSORSHIPS, DIGITAL ADVERTISING AND ATHLETICS

MULTIMEDIA RIGHTS

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 PM Central Time, Thursday, 26 February, 2026

MAIL PROPOSAL TO:

Tarleton State University Procurement Department

Attn: Cori Luttrell, Director Purchasing & VETHUB

Box T-0600 Stephenville, TX 76402

HAND DELIVER AND/OR

EXPRESS MAIL TO:

Procurement Department

Attn: Cori Luttrell, Director Purchasing & VETHUB 201 Saint Felix Street

Stephenville, TX 76401

Electronic Response https://bids.sciquest.com/apps/Router /PublicEvent?CustomerOrg=TAMU

Show RFP Number, Opening Date and Time on Return Envelope

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

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

REFER ALL INQUIRIES TO:

Ms. Cori Luttrell, Director, Procurement Services

Procurement Department

254-968-1683 Email: luttrell@tarleton.edu https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU

Contents

SECTION 1

GENERAL

1.1 Scope

1.2 History and Context

1.3 Contract Term

1.4 Tarleton VETHUB Policy and VETHUB Subcontracting Requirements

1.5 Pre-Proposal Conference

SECTION 2

STATEMENT OF WORK

2.1 Goal

2.2 Scope of Work

Mandatory Asset Inventory Audit Before Contract Execution

SECTION 3

SELECTION PROCESS

3.1 Selection Process

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

4.2 Notice of Tarleton Holidays – Offices Closed

4.3 Submittal Instructions

4.4 Special Requirement for Respondents

4.5 Proposal Content and Components

Implementation Plan Audit and Approval Rights Performance Period References Pricing

4.6 Tarleton State University Contract

4.7 Inquiries and Interpretations

4.8 Terms and Conditions and Contract

4.9 Protest Procedures

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

5.2 Alternate Proposal

5.3 Definitions

5.4 Time of Performance

5.5 Default

5.6 Termination

5.7 Warranties

5.8 Agreement Amendments

5.9 Independent Vendor Status

5.10 Right to Audit

5.11 Title, Risk of Loss and Freight

5.12 Acceptance of Goods and Services

5.13 Ownership of Deliverables

5.14 Sales and Use Tax

5.15 Invoicing

5.16 Payment

5.17 Reporting

5.18 Observance of University Rules and Regulations

5.19 Recall Notice

5.20 Non-Disclosure

5.21 Publicity

5.22 Severability

5.23 Non-Waiver of Defaults

5.24 License and Permits

5.25 Non-discrimination

5.26 Compliance with Law

5.27 Federal Laws and Regulations

5.28 Alcohol and Drug-Free Workplace

5.29 Force Majeure

5.30 Governing Law

5.31 Venue

SECTION 6

CONTRACTUAL REQUIREMENTS

6.1 Insurance

6.2 VETHUB Subcontracting Plan (HSP)

6.3 Public Information

6.4 Indemnification

6.5 Performance/Payment Bonds

6.6 Other Benefits

6.7 Dispute Resolution

6.8 Contract Administration

SECTION 7

KEY EVENTS SCHEDULE

EVALUATION CRITERIA

ATTACHMENT B

EXECUTION OF OFFER

ATTACHMENT C

NON-COLLUSION AFFIDAVIT

ATTACHMENT D

FELONY CONVICTION NOTICE

ATTACHMENT E

INSURANCE REQUIREMENTS

ATTACHMENT F

VETHUB SUBCONTRACTING FORM

SECTION 1

GENERAL

1.1 Scope

Tarleton State University (“Tarleton” or “University”) is soliciting proposals from experienced, qualified, and financially stable firms (“Contractor”) to manage two related but distinct service areas under one agreement:

Campus Digital Advertising Program – Management of advertising across non-athletics digital assets, including campus digital signage, guest Wi-Fi and 5G networks, and other approved digital platforms.

Intercollegiate Athletics Multimedia Rights (MMR) Program – Exclusive management of sponsorship, advertising, and multimedia rights for Tarleton Athletics and Rodeo, including broadcast, venue, digital, and partnership activations.

The University seeks a Contractor capable of delivering a comprehensive, strategically aligned solution that enhances revenue, elevates institutional visibility, supports student-athlete Name, Image, and Likeness (NIL) opportunities where permissible, and strengthens campus and corporate relationships.

By submitting responses, each respondent certifies that it understands this Request for Proposal (RFP) and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed. Each respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND

QUESTIONS AS DIRECTED.

1.2 History and Context

Tarleton was established in 1899 in Stephenville, Texas as John Tarleton Agricultural College, a private institution.

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

A founding member of The Texas A&M System, Tarleton State University is breaking records — in enrollment, research, scholarship, athletics, philanthropy and engagement — while transforming the lives of approximately 18,000 students in Stephenville, Fort Worth, Waco, Bryan and online. For 125 years, Tarleton State has been committed to accessible higher education opportunities for all while helping students grow academically, socially and professionally through programs that emphasize real world learning and address regional, state and national needs. More information can be found at www.tarleton.edu.

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

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

Values and Statements:

http://www.tarleton.edu/

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

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

Respect – Tarleton Texans create a thriving community by embracing varied perspectives with civility, honoring tradition, and promoting collaboration so everyone thrives.

Tarleton State University Athletics History and Purpose

Tarleton State University, a member of The Texas A&M University System, has built a proud and enduring tradition of athletic excellence and competitive achievement since its founding in 1899. Over the years, Tarleton’s athletics program has evolved from regional competition to national recognition, culminating in its transition to NCAA Division I status in July 2020 as a member of the Western Athletic Conference (WAC). Today, Tarleton sponsors 17 intercollegiate athletic programs, including football, basketball, baseball, softball, volleyball, track and field, golf, and Tennis

Tarleton State Division of Advancement

The Division of Advancement at Tarleton State oversees all philanthropic fundraising to include private foundation gifts and grants and corporate gifts. Additionally, the Division works closely with the Department of Athletics on traditional sponsorships to ensure full institutional coordination and strategic impact of corporate engagement.

Fundraising authority at Tarleton State University is assigned to the Vice President of Advancement and his delegates by the Tarleton State University President (University Policy SAP21.05.01.TO.01)

1.3 Contract Term

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

1.4 Tarleton VETHUB Policy and VETHUB Subcontracting Requirements

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

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

Subcontracting opportunities are anticipated for this RFP; therefore, a VETHUB Subcontracting Plan (HSP) is 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 VETHUB Subcontracting Plan found at - http://www.window.state.tx.us/procurement/prog/VETHub/VETHub-forms/

FAILURE TO SUBMIT A COMPREHENSIVE, ACCEPTABLE VETHUB 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 Tarleton State University’s Director of Procurement Services, at luttrell@tarleton.edu for assistance with completion of requirements as stated.

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

1.5 Pre-Proposal Conference

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

SECTION 2

STATEMENT OF WORK

2.1 Goal

The goal of this initiative is to engage a qualified, experienced, and financially stable partner to maximize Tarleton State University’s revenue, brand visibility, and audience engagement through collaborative and coordinated management of campus digital advertising, sponsorships, and exclusive athletics and Rodeo multimedia rights. The selected partner will provide innovative, complaint, and integrated solutions for advertising sales, sponsorship activation, content management, and performance reporting, while supporting the University’s mission and student-athlete Name, Image, and Likeness (NIL) opportunities. The program shall include assets of the University and its affiliated organizations, the Tarleton State University Foundation and the Tarleton Alumni Association.

2.2 Scope of Work

Manage, in collaboration with university leadership, Tarleton State’s campus sponsorship and digital advertising program and exclusive athletics and Rodeo multimedia rights (MMR) program. In light of the evolving landscape of collegiate athletics, including NCAA regulations, student-athlete Name, Image, and Likeness (NIL) opportunities, and changes in revenue-sharing models, the selected vendor should demonstrate a genuine commitment to coordination and collaboration with University Advancement and the Department of Athletics, along with expertise, resources, innovative approaches, and forward-thinking strategies to help Tarleton maximize revenue, expand brand visibility, and engage audiences across campus and athletics platforms. The vendor will be responsible for comprehensive management and monetization of multimedia assets, including television, radio, digital signage, guest Wi-Fi/5G advertising, hospitality, special events, fan engagement zones, social media outlets, in-venue promotions, publications, and game day programs, ensuring compliance with university policies and industry best practices.

Carve-Outs and Retained Rights

Tarleton hereby reserves and retains all rights listed below. These rights shall be expressly excluded from the scope of any agreement resulting from this RFP and shall not be conveyed, sublicensed, managed, sold, or represented by the Contractor without prior written approval from the University. Any attempt by the Contractor to exercise, monetize, or imply control over these retained rights shall constitute a material breach of contract.

University-Level Corporate Relationships The following campus contracts, partnerships, and sponsorship relationships are expressly excluded and shall continue to be negotiated and managed independently by the University or its designees:

• Dining services, concessions, and foodservice providers

• Pouring rights, beverage category exclusivity, and vending contracts

• Bookstore and course material vendors

• University licensing (trademarks, apparel, merchandise)

• Existing talent booking, entertainment contracting, and event programming agreements.

The Contractor shall not enter into entertainment, celebrity, appearance, or performance booking arrangements that conflict with existing University agreements without prior written approval.

The Contractor shall not sell or represent rights that are reserved under this section.

Major Assets Retained by the University The University retains full control over valuation, negotiation, sales,and approval of the following major commercial assets:

• Conference-Level Media and Digital Rights

• Intellectual Property and Institutional Trademarks

• Any Marketing Assets Governed by the Texas A&M University System

The University may, at its discretion, request sales support from the Contractor, but the University will retain final approval authority, and such assets shall not be included in revenue guarantees unless explicitly negotiated.

Restricted Advertising Categories The Contractor shall not sell or activate partnerships in the following restricted categories unless the University grants prior written approval:

• Sports wagering, gambling, or betting platforms

• Cannabis, CBD, vaping, or tobacco products

• Alcoholic beverages (beyond permissible NCAA/WAC guidelines)

• Firearms, ammunition, or weapons manufacturers

• Political campaigns, ballot measures, or issue-based advocacy

• Any category deemed contrary to the University’s mission, academic environment, student welfare, or community standards Tarleton reserves sole discretion to approve or deny participation from any category regardless of precedent or national sponsorship activity.

Retained Media and Digital Rights The University retains the following media and digital platforms unless expressly authorized:

• Institutional, non-athletics websites

• Academic and research-focused digital assets

• Educational programming, livestreams, and academic video content

• Internal communications and student-facing systems (LMS, SIS, campus apps)

• Media produced for academic, research, or institutional purposes

Athletics-specific channels may be included only as enumerated in the final contract.

University Approval Rights Tarleton retains the unilateral right to review, approve, or reject:

• All sponsorship brands and categories

• All sponsorships featuring any level of exclusivity

• All creative, messaging, and advertising copy displayed on University assets

• All contracts negotiated by the Contractor on behalf of Tarleton

• Any Jersey/Uniform Patch Sponsorships, subject to conference and NCAA rules.

• All pricing involving major assets, presenting sponsorships, or multi-year commitments

The University may withhold approval for any reason it considers in the best interests of institutional reputation, student welfare, or compliance.

NIL and Student-Athlete Restrictions The Contractor is prohibited from:

• Entering into contracts directly with student-athletes

• Negotiating NIL deals on behalf of student-athletes

• Using student-athlete NIL in commercial content without University and athlete approval

• Activating NIL in ways that jeopardize compliance or violate NCAA/WAC/state rules

NIL integration must occur strictly through University-approved processes.

System-Level and Foundation Rights The Texas A&M University System and Tarleton State University Foundation retain all rights vested under their governing policies. Any System-level commercial agreements supersede agreements resulting from this RFP.

Academic and Mission-Integrity Protection The University retains the right to deny any sponsorship, advertisement, or activation it determines to be:

• inconsistent with the mission and values of the institution

• intrusive within academic or student-life spaces

• in conflict with state or federal law, WAC/ASUN/UAC policies, NCAA regulations, or TAMUS rules

• misaligned with community standards or student welfare

The University’s decision shall be final and binding.

Mandatory Asset Inventory Audit Before Contract Execution Prior to execution of the final agreement, the successful proposer shall perform a comprehensive asset inventory audit of all applicable university assets within the scope of this contract. This audit must:

• Meet with representatives from the Division of Advancement and the Department of Athletics to account for existing sponsorships and recent sponsorship-based revenue generating activity.

• Establish a detailed and accurate baseline of all current assets, including quantities, descriptions, conditions, utilization status, and locations.

• Ensure that the University’s assets are properly valued and not mispriced or undervalued in subsequent financial proposals, revenue models, or contractual terms.

• Be completed and submitted to the University for review and approval prior to contract execution.

• Include documentation, data files, and any supporting evidence necessary to validate the audit results.

• Ensure that current contracts, sponsorships, and like agreements are acknowledged, respected and maintained (via contract terms).

The Contractor shall document, but shall not assume any rights to monetize, control, or represent assets retained by Tarleton under this RFP. All retained rights remain fully subject to institutional approval and governing policies.

SECTION 3

SELECTION PROCESS

3.1 Selection Process

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

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

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

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

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

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

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

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

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

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

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

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

4.2 Notice of Tarleton Holidays – Offices Closed

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

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

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

4.3 Submittal Instructions

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

Submit one (1) original printed and three (3) copies here. One “Jump Drive” Single File of the complete proposal is preferred but failure to submit will not result in disqualification of the proposal.

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

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

OR

Submit proposal response electronically through the portal with all required information.

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

4.4 Special Requirement for Respondents

[Not applicable or already specified in other parts of this RFP.] https://www.tarleton.edu/hr/current/holiday_schedule.html

4.5 Proposal Content and Components

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

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

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

• 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:

Provide a detailed plan for how your firm would propose to manage and operate Tarleton State University’s sponsorship, digital advertising, and multimedia rights programs, based on your understanding of the current environment and the scope of work described in Section 2.2. Respondents must present all information, in adequate detail, necessary to demonstrate how their proposed solution will best satisfy the evaluation criteria established for this project, maximize revenue, and enhance the University’s brand, engagement, and overall multimedia strategy.

Program Management

• Demonstrate experience in overseeing and executing multimedia marketing efforts, sponsorship sales, media rights management, and content creation for Athletics, Rodeo, and campus-wide digital assets.

• Demonstrate experience in selling local, regional, and national creative sales and activation opportunities to enhance the University’s revenue, brand awareness, and positioning across athletics and campus platforms.

• Demonstrate experience in negotiating radio, television, and digital advertising deals, as well as relevant production and content management experience for all multimedia channels.

• Provide examples of managing integrated campaigns and operations across multiple media platforms to achieve strategic revenue and engagement goals.

All proposed activities under this section remain subject to the University’s retained rights, approval requirements, and limitations defined elsewhere in this RFP.

Revenue Generation

• Clearly state the total Annual Average Value (AAV) guaranteed per year for all multimedia rights programs, including Athletics and Rodeo MMR and campus-wide digital advertising.

• Provide a breakdown of specific revenue amounts for each fiscal year and for the full term of the agreement, separated by Athletics and Rodeo MMR and campus-wide digital assets.

• Exclude naming rights from the guarantees.

• Describe additional potential revenue streams from campus-wide digital advertising, sponsorships, or integrated campaigns beyond Athletics MMR.

Cash/Signing Bonus

• In addition to the AAV guarantee, provide the total dollar amount of cash or signing bonuses to be provided in the first three years of the agreement, specifying amounts for both Athletics MMR and campus-wide digital advertising, if applicable.

• Provide timelines for disbursement.

Capital Investment

• Outline estimated capital investment in infrastructure, technology, or other assets necessary to support both Athletics and Rodeo MMR and campus-wide digital advertising program growth.

• Provide an overview of total investment over the first three years, broken out by Athletics and campus-wide programs.

Assets Required

• Detail all existing MMR and digital assets required to deliver on the partnership, including Athletics media rights, sponsorships, digital signage, guest Wi-Fi/5G, and other University-owned platforms.

Financial Stability

• Provide evidence of financial ability to meet all obligations outlined in the RFP for both Athletics and Rodeo MMR and campus-wide digital advertising.

• Include financial statements, audited reports, or other documentation demonstrating stability and ability to deliver commitments even during market fluctuations.

• Highlight similar relationships with other universities or organizations, including both athletics and broader campus multimedia programs, with testimonials or references demonstrating successful execution

Strategic Initiatives

• Present strategy to integrate the MMR partnership with NIL opportunities for student-athletes.

• Demonstrate how this strategy will impact the cap on the University’s revenue-sharing payments directly to student-athletes as permitted by the House settlement, increase opportunities for student-athlete engagement, and enhance the Athletics Department’s overall financial and branding potential.

• Detail collaborative plans for enhancing and expanding sponsorships, media deals, and fan engagement for both Athletics and campus-wide digital media assets.

• Describe innovative strategies to maximize revenue and audience engagement across all University multimedia platforms, including digital signage, guest Wi-Fi/5G networks, and other non-athletics assets.

• Explain how the proposed initiatives align with Tarleton’s overall branding, marketing objectives, and strategic priorities.

Implementation Plan

• Provide a comprehensive strategy outlining the approach and timeline for implementing all services, assets, personnel, and knowledge across both Athletics and Rodeo MMR and campus-wide digital advertising programs, including key milestones and deadlines.

• Specify the expected duration of the implementation period, with target start and completion dates for all components of the initiative.

• Describe the methodology for ensuring all critical functions continue without interruption during the implementation period, including a communication strategy that coordinates both athletics and campus-wide operations.

o Institutional Sales Team Outline commitment to collaboration with University Advancement and Athletics that leverages current / ongoing efforts and involves designated Advancement and Athletics personnel (Institutional Sales Team) to serve as de facto extensions of the Respondent sales team.

Detail organizational model that demonstrates alignment between Respondent and Institutional Sales Team, clarity on roles and responsibilities, operational integrity and clear accountability.

Respondent should acknowledge that select, identified university representatives (mutually approved) will be authorized to leverage and sell.

Acknowledge and endorse an envisioned accountability model through which the selected provider will coordinate sales activity with Institutional Sales Team.

Audit and Approval Rights

• Provide an overview of any audit or inspection rights the University will have for all revenue streams generated from Athletics MMR and campus-wide digital advertising, including comparisons to similar programs at other universities or industry benchmarks.

• Describe the University’s rights to approve or reject any agreements entered into on its behalf for both Athletics MMR and campus-wide digital assets, including the financial consequences of exercising such rights.

• Work with University Advancement and Athletics to implement an organizational framework that ensures coordination, collaboration, and accountability between the selected provider and University leadership, including University Advancement, Athletics, and Finance & Administration.

Performance Period

• Respondents shall include an option for a mutual five (5) year “look-in provision” to assess performance and alignment with University goals for both Athletics MMR and campus-wide digital advertising initiatives.

• Outline how the relationship can adapt to changes in the collegiate athletics landscape, University-wide marketing priorities, or performance metrics during this review period, ensuring flexibility and sustainability throughout the agreement.

References

• Provide a list of three (3) clients with services comparable in type and scope within the last five (5) years, including examples of both Athletics MMR and campus-wide digital advertising programs, if applicable.

• Include company name, point of contact, telephone number, and email address.

• Tarleton State University reserves the right to verify services provided and inquire about the reliability of the proposer’s performance history. A negative reference may be grounds for disqualification.

Pricing

• Provide a summary of your offered pricing structure for both Athletics MMR and campus-wide digital advertising programs, including all fees, guarantees, revenue-sharing arrangements, and any optional bonuses or incentives.

• Clearly differentiate revenue and pricing assumptions between Athletics and campus-wide programs to allow for transparent evaluation.

4.6 Tarleton State University Contract

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

Ms. Cori Luttrell Director, Procurement Services

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

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

4.7 Inquiries and Interpretations

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

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

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

4.8 Terms and Conditions and Contract

All terms and conditions and other requirements contained in this RFP shall govern any Agreement issued as a result of this RFP. Additional or attached terms and conditions which are determined to be unacceptable to Tarleton shall result in the disqualification of the proposal. By submitting a response to this RFP, you affirm your company’s intention to enter into an agreement under the terms and conditions listed this RFP.

4.9 Protest Procedures

Any vendor wishing to challenge a purchase award issued by the Department of Purchasing must submit a written request to the Director of Procurement & Contract Administration for review. Such a request must be submitted within three (3) business days of the vendor’s receipt of the award notification.

The Director of Procurement & Contract Administration will review the award and provide a written explanation of the decision to the requesting vendor. If the review identifies a significant deviation from applicable rules or procedures, the Director may, at their discretion, modify the award.

Should the vendor disagree with the Director’s decision, they may submit an appeal within three (3) business days to the Director of Procurement & Contract Administration, who will issue a final decision at this level.

If the vendor remains dissatisfied, a further appeal may be submitted to the Vice President of Finance & Administration. The decision of the Vice President of Finance & Administration shall be final and binding.

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

5.1.1 Proposal should be prepared simply and economically, providing a straightforward and concise description of the

Respondent's ability to meet requirements of this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the RFP's requirements.

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

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

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

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

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

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

5.1.6 The Respondent hereby assigns to purchaser, any and all claims for overcharges associated with any Contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq.

(1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann.

Sec. 15.01, et seq. (1967).

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

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

Delivery may be a factor in award.

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

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

5.1.11 Failure to comply with the requirements contained in this RFP may result in the rejection of the proposal.

Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by Tarleton at its option.

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

5.1.13 Products and services awarded as a result of this RFP may be extended to other Institutions of Higher Education as defined by Section 61.003 Education Code, Government Code Section 2155.134. Other individual institutions may or may not elect to use this agreement.

5.2 Alternate Proposal

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

5.3 Definitions

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

RFP shall mean Request for Proposal.

UNIVERSITY shall mean Tarleton State University.

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

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

RFP.

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

5.4 Time of Performance

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

5.5 Default

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

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

5.6 Termination

5.6.1 For Convenience:

The Agreement may be terminated, without penalty, by Tarleton without cause by giving ninety (90) days written notice of such termination to the Seller.

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

5.6.3 The insurance policy shall provide for termination by the carrier only upon presentation of a written notice to

Tarleton thirty (30) days prior to termination date.

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

5.7 Warranties

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

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

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

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

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

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

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

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

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology or by means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws.

Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance."

5.8 Agreement Amendments

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

5.9 Independent Vendor Status

Seller agrees that Seller and Seller's employees and agents have no employer-employee relationship with Tarleton.

Tarleton shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will Tarleton furnish any medical or retirement benefits or any paid vacation or sick leave.

5.10 Right to Audit

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

5.11 Title, Risk of Loss and Freight

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

5.12 Acceptance of Goods and Services

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

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

5.13 Ownership of Deliverables

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

5.14 Sales and Use Tax

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

5.15…