ESBD_492617_1772053604771_2026-051 RFQ Final with attachments.pdf

Rev. 08.01.2025 Page 1 of 15

City of San Marcos

Request for Qualifications

2026-051 for

LEGISLATIVE CONSULTING SERVICES

Issued: Wednesday, February 25, 2026

ISSUED BY:

Purchasing & Contracting Division

630 East Hopkins Street, Building 3

San Marcos, Texas 78666

RESPONSES DUE:

Thursday, March 26, 2026, Prior to 2:00 PM, Local Time

Rev. 08.01.2025 Page 2 of 15

TABLE OF CONTENTS

I. REQUEST FOR PROPOSALS

II. SCOPE OF SERVICES AND RESPONSIBILITIES

III. EVALUATION CRITERIA

IV. REQUIREMENTS FOR RESPONSE

V. SUBMISSION OF RESPONSE

VI. AWARD OF CONTRACT

VII. INSURANCE AND LIABILITY

VIII. SPECIAL PROVISIONS

IX. ANTICIPATED SCHEDULE

ATTACHMENTS:

ATTACHMENT “A” VENDOR INFORMATION QUESTIONNAIRE AND ASSURANCES

ATTACHMENT “B” HOUSE BILL 89 VERIFICATION AFFIDAVIT

ATTACHMENT “C” CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) FORM……………………………..21

ATTACHMENT “D” SAMPLE PROFESSIONAL SERVICES AGREEMENT……………………………………23

Rev. 08.01.2025 Page 3 of 15

I. REQUESTS FOR QUALIFICATIONS

The City of San Marcos (“the City”) requests Statements of Qualifications from interested qualified Respondents to provide professional State Legislative Consulting Services on behalf of the City, in accordance with the terms and

Scope of Services specified herein.

The terms “Respondent”, “Contractor”, “Vendor”, and “Company” have the same meaning and shall be used interchangeably.

This solicitation complies with applicable City Policy and state of Texas law, including Texas Government Code, Chapter2254. The City will select the successful Respondent that is determined to be the most highly qualified based on the published Evaluation Criteria, its final ranking, and a finally negotiated fair and reasonable price.

The initial term of the resulting contract will continue for a period of one (1) year. The contract will automatically renew for up to two (2) one-year periods for a not-to-exceed cumulative contract term of three (3) years. Either party may exercise the option to not renew the contract with one hundred twenty (120) days’ written notice.

II. SCOPE OF SERVICES AND RESPONSIBILITIES

The successful Respondent will provide state legislative consulting services. Services may include, but are not limited to, the following:

1. Assist and meet with staff, the City Manager, and the City Council to develop a legislative agenda at least six months prior to the start of the Texas legislative session, aligning with interim charges, and continue coordination throughout the session to address state issues and support both state and federal legislative agenda.

2. Identify, develop, and evaluate strategies; monitor and advocate on legislative measures, including, but not limited to, the state budget, funding opportunities for airport or infrastructure, and other measures proposed during legislative session that impact or potentially impact City interests and supports council priorities.

3. Draft and manage legislation; provide copies of bills, amendments, committee reports, and other information reasonably available, which may be pertinent to the City's interests.

4. Prepare and present to City staff, the City Council, and the Legislative Committee, on the City's behalf, to members and staff of the Texas Legislature testimony, position papers, and reports, including, but not limited to, monthly update reports on the legislative environment, bills that relate to City interests, critical anticipated issues, challenges and opportunities and activities completed on behalf of San Marcos.

5. Identify state grant opportunities; proactively advise and assist the City as appropriate to enhance the City’s chances of approval for funding or grant requests.

6. Coordinate post-award grant debriefings with agency staff to secure feedback on the scoring of City applications, and how they might be improved for resubmission in the next application cycle if initial applications are not awarded.

Rev. 08.01.2025 Page 4 of 15

7. Support state initiatives that promote diverse, affordable housing choices for the community’s local work force, while monitoring preemption proposals that may impact local housing strategies.

8. Support state action to encourage the protection and preservation of spring flows and the rivers of San

Marcos.

9. Perform research and develop recommendations and strategies concerning legislative measures that impact or potentially impact City interests.

10. Utilize Telicon and other resources to monitor and report on legislative committee hearings and other legislative activities germane to municipalities.

11. Proactively develop legislative strategies that promote the City's interests on policy matters to elected officials, their staffs, and other decision makers through personal contact and written correspondence.

Provide monthly activity reports.

12. Coordinate and attend hearings and meetings upon completion of the City’s guiding principles to promote the City's interests.

13. Coordinate an annual visit to the State Capital for the City Council to interact with elected officials, their staffs, and other decision makers, including state agencies; create other face-to-face opportunities as needed upon election of new members.

14. Ensure the City has an ongoing presence at the State Capital in Austin.

15. Develop and participate in strategic coalitions that will advance the interests and Strategic Initiatives of the

City.

16. Monitor regulatory developments and advise of opportunities for San Marcos to submit comments on proposed rule changes and their impacts, including those issued by organizations such as Texas Public Power, the Texas Chapter of the American Planning Association, and similar regulatory or industry bodies.

17. Conduct a comprehensive post-session presentation for the City Council.

18. Maintain strong working relationships with all legislators whose districts include any portion of the City of

San Marcos.

Rev. 08.01.2025 Page 5 of 15

III. EVALUATION CRITERIA

The City will evaluate and rank each Response based on the following factors. The City reserves the right to request additional information or clarifications from all Respondents and to allow corrections of errors or omissions.

EVALUATION CRITERIA

Maximum

Number of Points

Per Criteria

The following point values are assessed per evaluation criteria by each evaluation team member.

FIRM’S PRIOR EXPERIENCE WITH PROJECTS OF SIMILAR SIZE,

SCOPE, AND SCALE

• Years in business

• Capacity to perform

• Quality of work

• Maintaining schedule

• Client satisfaction

35 points

PRIOR EXPERIENCE OF FIRM’S KEY PERSONNEL MANAGING

PROJECTS OF SIMILAR SIZE, SCOPE, AND SCALE

• Relevant projects

• Ability to maintain project schedule

• Client Satisfaction

30 points

PROJECT APPROACH AND SCHEDULE

• Detailed project approach

• Schedule and schedule strategies to minimize delays and areas for possible time savings

• Proven methodology in handling issues and documentation showing responsive and timely answers and action on specific requests

25 points

COMPLETENESS OF RESPONSE

Proposal is comprehensive, clearly and concisely written, and includes all required information.

10 points

TOTAL POINTS 100 points

The following point values are assessed by the Purchasing Division and added to the cumulative evaluation team total for the above criteria.

LOCAL PRESENCE

Principal place of business or a satellite office for at least one (1) year in the incorporated limits of the City of San Marcos.

10 points

Optional Interviews: The shortlisted Respondents may be requested to participate in an interview and provide a presentation that is worth up to an additional twenty-five (25) points. Any additional points earned will be added to the points the Respondent received in the first round of the evaluation.

Final Decision: In responding to this Solicitation, the Respondents understand that the decision of the selection

Rev. 08.01.2025 Page 6 of 15 committee is final. All Responses will be reviewed and ranked according to the criteria above, and Respondents may be selected for interviews or oral presentations as may be necessary. The City makes no commitment to any

Respondent to this Solicitation beyond consideration of the Response.

IV. REQUIREMENTS FOR RESPONSE

The following items are required to be submitted with the Response. In order to expedite the evaluations, interested

Respondents will organize their Responses in the sequence provided below. These instructions are designed to ensure the submission of information essential to the understanding and comprehensive evaluation of the Response.

1) Executive Summary:

Provide an Executive Summary of the major features of the Response, including any conclusions, assumptions, and general recommendations the Respondent desires to make. In addition, provide the following information. The

Executive Summary section is limited to a length of one (1) page.

• The name of the project lead who will work on the contract and relevant project experience. Identify a Point of

Contact and/or Project Manager and provide contact information for questions, notice of selection/non-selection, etc.

• Verification statement that the proposed team individuals are currently employed by the Respondent and each person who is a registered lobbyist who is to provide services to the City will affirmatively state that they have been properly registered to act as a lobbyist in accordance with State law.

• Confirmation that the general liability insurance, workers’ compensation, and professional liability insurance will be provided within ten (10) calendar days of the Contract Award.

• Brief statement providing assurances that the Respondent will be cognizant of, comply with, and enforce all applicable Federal, State, and local laws, regulations, and ordinances, and a description of your Respondent’s methodology for handling errors and omissions in the materials developed as part of this Project.

• Acknowledgment of Addenda.

2) Relevant Experience Information:

• Identification of the Respondent/team and a brief description of each key team member including a brief summary of their experience.

• Year established (including former Respondent names and year established, if applicable). State the size of the

Respondent and the number and nature of the professional staff to be assigned to the project.

• Location of the headquarters office, as well as the location of each the office where work will be performed for the project.

• Provide a statement regarding your firm’s knowledge of San Marcos in your response.

• Provide information on experience and confirmation that key personnel are registered or licensed to practice in

Texas, if applicable.

Rev. 08.01.2025 Page 7 of 15

3) Reference List of Projects of Similar Scope, Size, and Complexity:

• A reference list of clients with contact names, telephone numbers, and email addresses. Projects listed should encompass minimum of two (2) years of experience.

4) Proposed Project Schedule, Strategy and Approach:

• Provide a detailed description of your proposed services, strategy, and a detailed project schedule for implementation.

5) Information Questionnaire and Assurances:

• Submit Vendor Information Questionnaire and Assurances (Attachment “A”) with the Response.

6) House Bill 89 Verification Affidavit:

• Submit the completed and notarized House Bill 89 Verification Affidavit (Attachment “B”) with the Response, if applicable.

7) Conflict of Interest Questionnaire (CIQ):

• Submit the completed and notarized Conflict of Interest Questionnaire (Attachment “C”) with the Response.

V. SUBMISSION OF RESPONSE

Interested and qualified Respondents or teams are invited to submit one (1) original and one (1) copy of their

Response, and one (1) USB flash drive containing the Response in a single file PDF document. Documentation should be limited to page limits as specified in each section. The page limits do not include tabs or other document portions unless the tabs or other document portions provide information noted in this solicitation (photos, client testimonials, etc.). Responses must be written entirely on 8 ½” X 11” paper and may be spiral, staple, or clip bound.

Responses must be submitted in a manner that does not carry any benefit, keepsake, or value for members of the evaluation committee.

To the extent permitted by law, all documents pertaining to this Solicitation will be kept confidential until a contract is awarded. Any information deemed confidential by the submitted Respondent must be clearly marked as such. No information about any Response will be released to the public until a contract is awarded. The City is under no obligation to return Responses.

It is the sole responsibility of the Respondent to ensure that its submittal reaches the Office of the Purchasing

Manager, Purchasing & Contracting. Deliver Responses, unless otherwise specified, to the address on the label no later than the submittal deadline. Therefore, if your Response is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the address below. The City is not responsible for deliveries made to any place other than the Office of the Purchasing Manager, for reasons including the lack of or improper labeling of the outermost sealed shipping container to indicate the Solicitation number, title, and

Rev. 08.01.2025 Page 8 of 15 deadline.

Responses may be dropped off in-person in the Bid/Proposal drop box at the Office of the Purchasing Manager, Purchasing & Contracting, Building 3, prior to the submittal deadline. Responses received after the submittal deadline will not be accepted.

Responses shall be mailed or delivered to:

Office of the Purchasing Manager

630 East Hopkins Street, Building 3

San Marcos, Texas 78666

The outermost envelope/container must be sealed and will be labeled as such to ensure delivery to the Office of the Purchasing Manager prior to the submission deadline:

Acknowledgement of Responses will be broadcast live via Teams video conference by reading aloud the

Respondent’s name, city, and state in the Conference Room, Building 3, 630 East Hopkins Street, San Marcos, Texas

78666, immediately following the 2:00 PM submission deadline. To join, click on the Teams Meeting Link and enter the following meeting ID and passcode information:

Meeting ID: 279 963 198 733

Passcode: RJsC5g

For call-in (audio only), call 1-430-205-2151 and enter Phone Conference ID 173 482 704#.

VI. AWARD OF CONTRACT

1) Negotiations: After evaluation and ranking based on the evaluation criteria, the City may then enter into negotiations with the top ranked Respondent as to the terms of the agreement and all aspects of the project to reach an agreement.

2) Inability to Reach an Agreement: In the event the negotiations between the top ranked Firm and the City cannot

SEALED RESPONSE - DO NOT OPEN

SEALED PROPOSAL NO.: 2026-051

PROPOSAL TITLE: Legislative Consultation Services

DUE DATE/TIME: March 26, 2026, no later than 2:00 PM, Local Time

SUBMITTED BY:

(Firm Name and City/State of Respondent) https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?ef_id=_k_EAIaIQobChMIk-THsPvUkgMVSKADAB1FoACpEAAYASAAEgKTP_D_BwE_k_&OCID=AIDcmmyk3xpkyw_SEM__k_EAIaIQobChMIk-THsPvUkgMVSKADAB1FoACpEAAYASAAEgKTP_D_BwE_k_&ef_id=_k_EAIaIQobChMIk-THsPvUkgMVSKADAB1FoACpEAAYASAAEgKTP_D_BwE_k_&anchor=&gad_source=1&gad_campaignid=23382630896&gbraid=0AAAAADcJh_t5uQ6XXdhCifCGf6S3Yk4Pf&gclid=EAIaIQobChMIk-THsPvUkgMVSKADAB1FoACpEAAYASAAEgKTP_D_BwE#plans

Rev. 08.01.2025 Page 9 of 15 be completed as a result of an inability to reach agreement, the City may formally end negotiations with that Firm and attempt to negotiate a contract with the next ranked Respondent until a contract is entered.

3) Successful Firm’s Documents: The successful Respondent will provide its Response and any negotiated amendments to the Office of the Purchasing Manager as an electronic Microsoft Office Word file.

4) Contract Award: The selection of a Respondent and the execution of a contract, while anticipated, are not guaranteed by the City. The City reserves the right to determine which Response is in the City's best interest and to award the contract on that basis, to reject any and all Responses, and waive any irregularities of any Response.

5) City Council Approval: The City Council will consider the final contract for approval in the event the final contract amount is anticipated to exceed $100,000.

6) Final Contract:

a. The selected Respondent will assume responsibility for all services offered in its Response, whether or not such services are provided by a subconsultant or joint venture arrangement. The successful Respondent will be considered the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

b. The successful Respondent will be required to enter into a written contract with the City, Attachment “D”, which includes the City’s Standard Terms and Conditions found at sanmarcostx.gov/termsandconditions. Where conflicts exist between the provisions of Attachment “D” and the provisions of this Solicitation, the provisions imposing greater responsibility on the successful Respondent will control.

c. This Solicitation and the successful Response, or any part thereof, may be incorporated into and made a part of the final contract. The City reserves the right to negotiate the terms and conditions of the contract with the successful Respondent.

d. Respondents are advised that exceptions to any portion of the Solicitation, the City’s Agreement, and/or the

City’s Standard Terms and Conditions may jeopardize acceptance of your Response. If any exceptions are taken, those exceptions will be clearly indicated and a full explanation given for each exception within the proposal submitted. It is required that the Response enumerate the specific document and specific clauses that the

Respondent wishes to amend or delete and suggest alternative wording in the Response. If no exceptions are included in the Response, it will be understood the Respondent accepts the City’s Standard Terms and Conditions.

In view of the length of time involved in obtaining the approval of legal counsel, Respondents are cautioned not to state that the Respondent’s Response is subject to the Respondent’s standard terms and conditions or that the final terms and conditions are subject to negotiation after award. This may result in the Response being deemed non-responsive, in which no further consideration or evaluation will be made.

VII. INSURANCE AND LIABILITY

During the period of the resulting contract, the Respondent will maintain, at its expense, insurance with limits not https://www.sanmarcostx.gov/3131/Standard-Terms-and-Conditions

Rev. 08.01.2025 Page 10 of 15 less than those prescribed below. Insurance underwriters will be acceptable to the City. With respect to required insurance, the Respondent will:

1) Name the City of San Marcos, c/o Purchasing & Contracting Division, 630 East Hopkins Street, San

Marcos, Texas 78666 as an additional insured.

2) Provide the City with a thirty (30) days’ written notice to the Certificate Holder prior to cancellation or material change of any insurance referred to in the certificate.

a. Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured’s obligation to maintain such insurance.

3) Provide the City of San Marcos, Purchasing & Contracting Division, 630 East Hopkins Street, San Marcos, Texas

78666, a Certificate of Insurance evidencing required coverage before execution of contract.

4) Submit a Certificate of Insurance reflecting coverage as follows:

Business automobile liability insurance with minimum limits of liability for bodily injury and property damage combined of not less than $1,000,000 per occurrence. Contractor will maintain a standard ISO version of Business automobile liability insurance or its equivalent providing coverage for all owned, non-owned and hired automobiles. Owner will be included as an additional insured party.

Commercial General Liability Insurance: Including Bodily Injury and Property Damage Liability, Independent Contractors Liability, Contractual Liability, Product Liability and Completed Operations

Liability in an amount not less than $1,000,000 combined single limit, per occurrence, and $2,000,000 aggregate. City will be included as an additional insured party.

Umbrella or Excess Liability Coverage: Not less than $1,000,000 per occurrence and in the aggregate. This coverage typically sits above the underlying General Liability, Automobile Liability and Professional

Liability policies. Depending upon the scope and work to be performed in the proposed agreement, this policy may be required in order for the vendor to be able to meet the minimum insurance requirements.

Workers' compensation insurance in accordance with and as required by the Workers’ Compensation Act of the State of Texas in amounts sufficient to satisfy statutory requirements or $500,000.00/$500,000.00 for

Employer’s Liability.

Certificate of coverage or certificate means a copy of a certificate of insurance, a certificate of authority to self-insure issued by the Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or

TWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on the Project, for the duration of the Project.

Professional Liability: Not less than $1,000,000 per claim and aggregate to be maintained for the duration of the agreement and three years following its termination.

Rev. 08.01.2025 Page 11 of 15

This insurance requirement applies when a supplier has a professional designation or license and/or is providing professional services. The minimum limit for architects and engineers is $2,000,000 per occurrence and in the aggregate and may be increased depending upon the nature of the services to be provided to the City.

VIII. SPECIAL PROVISIONS

1) Selected Response: The City reserves the right to include the selected Response or any part or parts thereof in the final contract.

2) Reimbursement: The City makes no commitment to any Respondent of this Solicitation beyond consideration of the written Response. The City will not reimburse Respondents for the costs incurred in response to this solicitation.

3) Collusion: By submission of a Response, the Respondent certifies, and in the case of a joint submission each party certifies as to its own organization, that in connection with any cost proposal submitted by the Respondent, the prices which are quoted are not the product, direct or indirect, of any collusion with any other Respondent, and have not been knowingly disclosed by the Respondent directly or indirectly to any other Respondent prior to submission to the City.

4) Lobbying: Respondents are prohibited from directly or indirectly communicating with City Council members regarding their qualifications or any other matter related to the eventual award of a contract for the services requested in this Solicitation. Respondents are prohibited from contacting City staff or evaluation committee members regarding their qualifications or the award of a contract, unless in response to an inquiry from a staff or committee member through the Purchasing Manager. Any violation will result in immediate disqualification of the Respondent from the selection process.

5) City of San Marcos Artwork: Use of the City seal or the City brand on Responses is not permitted on non-City-generated work product.

6) Taxpayer Identification Form: Prior to the execution of a contract for these services, the selected Respondent will complete a Request for Taxpayer Identification Number and Certification Form (IRS Form W-9). The City will not make payment against the contract until it has received the properly completed form. The selected

Respondent will invoice the City for services rendered accompanied by the City’s required documentation. The

City’s representative and the appropriate staff in the City’s Finance Department must approve payments.

7) “Green” Procurement: It is the City’s objective to be proactive with regard to the environment. The City encourages “Value Purchasing” of environmentally friendly products. Respondents are encouraged to clearly identify any green solution in their Responses, or a Respondent may propose a separate alternative “Green” solution in a separate envelope marked “Green Solution”. The Green solution alternative Response will meet the minimum performance and delivery standards.

8) Protest Procedures: The purpose of the protest procedures is to protect the public interest in the purchasing

Rev. 08.01.2025 Page 12 of 15 process. This section is intended to give a bidder, proposer, respondent, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract the opportunity to protest. The City’s objective is to resolve protests as soon as practical.

Any protest or complaint to the City's consideration must be submitted in writing and received by the Purchasing

Manager no later than 5:00 PM on the fifth (5th) calendar day after the City notifies the bidder or proposer: 1) that it is deemed non-responsive; 2) that it is deemed not responsible; 3) the name of the apparent winning bidder;

or 4) the City’s intent to award a contract. If the protest or complaint does not contain the following information, it may be dismissed by the Purchasing Manager:

• Protestor’s name, address, telephone number, and email address;

• The solicitation number;

• Identification of the statute or policy that is alleged to have been violated;

• A precise statement of the relevant facts;

• Identification of the issues to be resolved; and

• Supporting documentation.

The protest must be concise and presented logically and factually to help with the Ci ty’s review and determination as to whether the grounds for the protest are sufficient. The Purchasing Manager will notify the protesting party that the protest has been received and make every effort to resolve the protest before contract award.

If it is determined that the grounds for the protest are insufficient and no violation of a statute or policy has occurred, the Purchasing Manager will provide a written decision to the protesting party setting forth the reasons for the determination.

If, after conferring with the City Attorney’s Office, it is decided that the grounds for the protest are sufficient and it is determined that a violation of a statute or policy has occurred, the Purchasing Manager will inform the protesting party by letter setting forth the reasons for the determination and the remedial action that will be taken.

When a protest is filed, the City will not make an award until a decision on the protest is made except, as determined by the City Manager, when a delay would jeopardize urgently needed goods or services, or a delay in making an award will unduly delay delivery or performance of urgently needed services.

9) Smoking Prohibition: Pursuant to San Marcos Ordinance No. 2013-57, as amended, all City of San Marcos-owned and rented/leased properties are smoke-free properties. All contractors, vendors, subcontractors, and their employees are prohibited from smoking while on City property. This prohibition includes the enclosed areas of public places and workplaces and within ten (10) feet of doors and windows of City-owned or rented buildings, all City parks and the grounds outside of any City building. This prohibition includes e-cigarettes and other inhaled vapor devices. The City may terminate the contract for noncompliance with this ordinance.

10) Certificate of Interested Parties: A contract greater than $100,000 or that is approved by the City Council regardless of contract amount requires the vendor to electronically create a Certificate of Interested Parties Form

1295 through the Texas Ethics Commission (“TEC”) website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Rev. 08.01.2025 Page 13 of 15

(https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) and submit a signed copy of the form to the

City prior to the award of the contract. A contract, including a City-issued purchase order, will not be enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form 1295 from the vendor.

11) Prohibition on Contracts with Companies Boycotting Israel: Pursuant to Chapter 2271 and 808, Texas

Government Code, Contractor certifies that is not ineligible to receive the award of or payments under the Agreement and acknowledges that the Agreement may be terminated, and payment may be withheld if this certification is inaccurate. Vendors will submit the House Bill 89 Verification Affidavit with their Response. Failure to meet or maintain the requirements under this provision will be considered a material breach.

12) 2252 Compliance: Section 2252 of the Texas Government Code restricts the City from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. Contractor hereby certifies that is not ineligible to receive the award of or payments under this Agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach.

13) Non-Discrimination: The Respondent understands and certifies that it is an Equal Opportunity Employer and does not and will not discriminate in employment and in subcontracts based on race, color, sexual orientation, gender identity, national origin, sex, age, disability, or economic condition and prohibits retaliation, discharge, or discrimination against any employee or applicant for employment or against any subcontractor or supplier.

The City assumes no authority, liability or obligation, on behalf of any other governmental entity that may use any contract resulting from this Solicitation. All purchases and payment transactions will be made directly between the successful Respondent and the requesting entity. Any exceptions to this requirement must be specifically noted in the Solicitation.

14) Conflict of Interest Questionnaire (Form CIQ): In accordance with Chapter 176 of the Texas Local

Government Code, “Disclosure of Certain Relationships with Local Government Officers,” persons, or their agents who seek to contract for the sale or purchase of property, goods, or services with the City, will file a

Conflict of Interest Questionnaire (Form CIQ) with the City Secretary if the vendor has a business relationship as defined by Section 176.001(1-a) with the City and the vendor meets requirements under Section 176.006(a).

The Conflict-of-Interest Questionnaire (Form CIQ) is required to be filed within seven (7) business days of:

a. Beginning of discussions or negotiations to enter into a contract with the City; or

b. Submission of an application, response to a request for Responses or bids, correspondence or other writing related to a potential agreement with the City.

If the above is applicable in accordance with LGC Chapter 176, Bidder is requested to submit a completed

Conflict of Interest Questionnaire (Form CIQ), with their bid in addition to submitting a completed Form CIQ to the City Clerk’s Office, 630 E. Hopkins Street, San Marcos, Texas 78666.

By law, Form CIQ must be filed with the City Clerk no later than the seventh (7th) business day after the date the

Vendor/Contractor becomes aware of facts that require the statement to be filed as per Section 176.006(a-1). A

Rev. 08.01.2025 Page 14 of 15 vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

Form CIQ is available from the Texas Ethics Commission by accessing the following web address:

https://www.ethics.state.tx.us/data/forms/conflict/CIS.pdf

15) Prohibition on Contracts with Certain Foreign-Owned Companies: Section 2275 of the Texas Government

Code (SB2116) restricts the City from contracting with companies that do business with certain foreign-owned companies in connection with critical infrastructure if the company is granted direct or remote access; and if the company is owned by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a “designated country”, or headquartered in China, Iran, North Korea, Russia, or a designated country.

Designated country is Governor-designated country as a threat to critical infrastructure. By signing below as an authorized signer, the Bidder hereby certifies that it does not do business with certain foreign-owned companies in connection with critical infrastructure as described herein. Failure to maintain the requirements under this provision will be considered a material breach.

16) Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries:

Section 2274 of the Texas Government Code (SB19) restricts the City from contracting with companies that discriminate against firearm and ammunition industries. By signing below as an authorized signer, the

Respondent certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate against the same during the term of this contract. (Only applies to companies with ten (10) or more full-time employees and for a contract value greater than $100,000.) Failure to maintain the requirements under this provision will be considered a material breach.

17) Prohibition on Contracts with Companies Boycotting Certain Energy Companies: Section 2276 of the

Texas Government Code (SB13) restricts the City from contracting with companies that boycott energy companies. By signing below as an authorized signer, the Respondent certifies that it does not have a practice, policy, guidance, or directive boycotting energy companies, and will not discriminate against the same during the term of this contract. (Only applies to companies with ten (10) or more full-time employees and for a contract value greater than $100,000.) Failure to maintain the requirements under this provision will be considered a material breach.

18) Inquiries and Other Information: All questions and other communication from Respondents will be permissible until 5:00 P.M., fifteen (15) business days prior to the solicitation due date. All responses to this Request for

Responses, as well as any questions, clarifications, or requests for general information are to be directed to the following Point of Contact in writing and must include the solicitation number in the subject line.

Angel Santiago, Procurement Program Administrator

Purchasing & Contracting Division

Asantiago@sanamrcostx.gov

Communications outside this prescribed protocol jeopardizes the integrity of this procurement process and may disqualify your response.

2026-051 https://www.ethics.state.tx.us/data/forms/conflict/CIS.pdf mailto:Asantiago@sanamrcostx.gov

Rev. 08.01.2025 Page 15 of 15

19) Addenda: Any changes resulting from the questions submitted affecting the scope of services, or which may require an extension to the solicitation due date will be reduced to writing in the form of an addendum to this solicitation. Addenda may only be viewed at www.sanmarcostx.gov/eprocurement. It is the Respondent’s responsibility to check the above site to determine if the City has issued any addenda. Addenda will be issued no later than ten (10) business days prior to the solicitation due date.

IX. ANTICIPATED SCHEDULE

The following is the anticipated schedule for the selection process:

▪ February 25, 2026 – Advertise, mail, or email Solicitation

▪ March 5, 2026 – Deadline for submission of questions to asantiago@sanmarcostx.gov

▪ March 12, 2026 – Deadline for addendum to be posted at www.sanmarcostx.gov/eprocurement

▪ March 26, 2026 – Deadline for receipt of responses, no later than 2:00 PM, Local Time

▪ May 5, 2026, or subsequent date – City Council for consideration and contract http://www.sanmarcostx.gov/eprocurement mailto:asantiago@sanmarcostx.gov http://www.sanmarcostx.gov/eprocurement

Rev 08.08.2025 Page 1 of 4

VENDOR INFORMATION QUESTIONNAIRE AND ASSURANCES

Business/Individual Name:

Primary Office Address (City/State/Zip):

Telephone Number:

Email Address:

Company has been in business since:

City of San Marcos Department/Contact:

Form of Ownership (check one):

☐ Individual/Sole Proprietor

☐ C Corporation: State: _________ Date Incorporated: _______________

☐ S Corporation: State: _________ Date Incorporated: _______________

☐ Partnership, select one: ☐ Limited or ☐ General

☐ Trust/Estate

☐ LLC, select one: ☐ C corporation ☐ S corporation ☐ Partnership

☐ Joint Venture

Type of Business: ______________________________________________________________________________

1099 Information: Are you eligible to receive a 1099? ☐ Yes ☐ No

1099 Code: ☐ Interest ☐ Non-Employee Compensation ☐Rent/Right of Entry/Equip Lease

☐Medical/Health Care Payments ☐ Attorney ☐Easement (Skip to #11)

☐Other Income (Subscriptions, Marketing/Printing, Beneficiary payments, Prizes/Awards, Taxable Damages, Software as a svc)

If Individual/Sole Proprietor, check if applicable, then skip to signature:

☐ Grant ☐ Sports Official ☐ Minority/ Small Business

List of Partners, Principals, Corporate Officers or Owners (attach additional pages as needed):

Name Title

List of Corporate Directors (attach additional pages as needed):

Name Title

ATTACHMENT "A"2026-051

Rev 08.08.2025 Page 2 of 4

1. Have you had any contracts terminated for default or other performance reasons? ☐ Yes ☐ No If yes, explain:

2. Has your company been convicted of a criminal offense involving fraud, theft, bribery, kickbacks, or unlawful gifts to a public official? ☐ Yes ☐ No If yes, has the conviction occurred within three (3) years immediately preceding either the date of submission of a bid/proposal, or the date of award of the contract?

If yes, explain:

3. Is your company involved in pending investigation or criminal prosecution of a criminal offense involving fraud, theft, bribery, kickbacks, or unlawful gifts to a public official?

☐ Yes ☐ No If yes, explain:

4. Does your company have pending claims, investigations, or civil litigation involving allegations of fraud, misrepresentation, or conversion?

5. Does the City have previous final judgments against your company for breach of contract, fraud misrepresentation or conversion?

6. Has your company failed to timely pay/remit sales tax, property tax, or utility payments to the City of San Marcos?

7. Has your company refused to execute a contract following an award by the San Marcos City Council?

8. Has your company violated the anti-lobbying provisions in a current or previous City of San Marcos procurement process by contacting a member of the San Marcos City Council prior to the award of a contract?

9. Has your company furnished unauthorized substitutions of materials not meeting contract specifications in a current or previous contract with the City of San Marcos?

Rev 08.08.2025 Page 3 of 4

10. Are you submitting a bid or proposal? ☐ Yes ☐ No

Non-Collusion Certification: By signing below as an authorized signer, the Bidder/Proposer certifies that

ALL items below are true and correct concerning its bid/proposal.

1) You are fully informed of the contents of the bid/proposal and the circumstances of its preparation.

2) Your bid/proposal is genuine and is not a collusive or sham bid/proposal.

3) Neither you nor anyone else acting on behalf of your company has agreed, colluded, or conspired in any manner with any other firm, or person to submit a collusive or sham bid/proposal, or to refrain from bidding/proposing, or sought by communication or conference with any other bidder, firm, or person to fix the prices, overhead, profit, or any cost element in your bid or in any other bid, or to secure through any collusion, conspiracy, or agreement any advantage against the City of San Marcos or any other bidder.

4) The prices quoted in your bid/proposal are fair and proper and are not affected by any collusion, conspiracy, connivance, or unlawful agreement on the part of your company or anyone acting on its behalf.

11. Are you a property owner granting or selling property for a project related to CIP/Engineering?

☐ Yes ☐ No

If Yes: Name of project: ______________________________________________________________

Property description: ___________________________________________________________

Is this a 1-Time Payment? ☐ Yes ☐ No

12. Prohibition on contracts per the Texas Government Code:

a. Prohibition on contracts with companies that boycott Israel. Chapters 808 and 2271, Texas Government Code restricts the City from contracting with companies that boycott Israel. By signing below and submission of the HB89 Verification form, the Bidder certifies that it is does not boycott Israel and will not during the term of this contract. Failure to maintain the requirements under this provision will be considered a material breach. (HB89 Verification form required if contract value is greater than $100,000.)

b. Prohibition on contracts with companies that do business with Iran, Sudan, or a foreign terrorist organization.

Chapters 2252 and 2270 of the Texas Government Code restricts the City from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing below as an authorized signer, the Bidder certifies that it does not do business with Iran, Sudan, or a foreign terrorist organization.

Failure to maintain the requirements under this provision will be considered a material breach.

c. Prohibition on contracts with certain foreign-owned companies. Chapter 2275 of the Texas Government Code

(SB2116) restricts the City from contracting with companies that do business with certain foreign-owned companies in connection with critical infrastructure if the company is granted direct or remote access; and if the company is owned by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a “designated country”, or headquartered in China, Iran, North Korea, Russia, or a designated country. Designated country is Governor-designated country as a threat to critical infrastructure. By signing below as an authorized signer, the Bidder hereby certifies that it does not do business with certain foreign-owned companies in connection with critical infrastructure as described herein. Failure to maintain the requirements under this provision will be considered a material breach.

d. Prohibition on contracts with companies that discriminate against firearm and ammunition industries.

Chapter 2274 of the Texas Government Code (SB19) restricts the City from contracting with companies that discriminate against firearm and ammunition industries. By signing below as an authorized signer, the Bidder certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate against the same during the term of this contract.

(Only applies to companies with 10 or more full-time employees and for a contract value greater than

$100,000.) Failure to maintain the requirements under this provision will be considered a material breach.

e. Prohibition on contracts with companies boycotting Certain Energy Companies. Chapters 809 and 2276 of the Texas Government Code (SB13) restricts the City from contracting with companies that boycott energy companies. By signing below as an authorized signer, the Bidder certifies that it does not have a practice, policy, guidance, or directive boycotting energy companies, and will not discriminate against the same during the term of this contract. (Only applies to companies with 10 or more full-time employees and for a contract value greater than $100,000.) Failure to maintain the requirements under this provision will be considered a material breach.

Rev 08.08.2025 Page 4 of 4

I hereby certify that our business is an Equal Employment Opportunity (EEO) employer and does not and will not discriminate in employment and in subcontracts based on race, color, sexual orientation, gender identity, national origin, sex, age, disability or economic condition. I further attest that this policy is documented in our Employee Handbook. As an EEO employer, we prohibit retaliation, discharge, or discrimination against any employee or applicant for employment or against any subcontractor or supplier.

I, _______________________________________________, as ________________________________ Name of Individual Title & Authority of __________________________________________________________________, declare under oath that the Company Name above Statements, including any supplemental responses attached hereto, are true and correct, and that the representations made herein are accurate to the best of my knowledge and are based upon a diligent search of records.

I further acknowledge that any failure to conduct a diligent search or to make a full and complete disclosure may result in cancellation of my contract by the City of San Marcos, and possibly debarment.

Signature Date

Rev. 08.24.2022

HOUSE BILL 89 VERIFICATION

(This affidavit must be completed and submitted with bid/proposal.)

Pursuant to Sections 2271.001, 2271.002, 808.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” has the meaning assigned by Section 808.001, except that the term does not include a sole proprietorship.

3. Section only applies to a contract that is between a governmental entity and a company with 10 or more full-time employees; and has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

As the undersigned legal representative of _________________________________________________, (Business Name) after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2271:

a. Does not boycott Israel currently; and

b. Will not boycott Israel during the term of the contract City of San Marcos, Texas.

(Business Representative Signature) (Date)

(Title)

STATE OF _________________ §

COUNTY OF _______________ §

On this day, BEFORE ME, _______________________________________________________ personally appeared and personally-known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual executed the instrument for purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this ______ day of ________________________, 20_____.

[SEAL] NOTARY PUBLIC in and for the

State of ________________

ATTACHMENT "B"2026-051

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission…