ESBD_511335_1777556893429_RFP 2026-P13 Indigent Cremation and Burial Services.pdf

RFP 2026-P13 Indigent Cremation & Burial Services Page 1 of 47

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

712 S. Stagecoach Trail, Suite 1012 San Marcos, Texas 78666

Solicitation No.:

RFP 2026-P13 Indigent Cremation & Burial Services Date Issued: April 30, 2026

SOLICITATION

Vendors must submit proposals as listed: One (1) original and one (1) digital copy on a thumb drive at the Hays County Purchasing Office at the address shown above or Electronically through BidNet Direct and one (1) hard copy at the Hays County Purchasing Office at the address shown above until:

10:00 a.m. local time May 21, 2026

Proposals received after the time and date set for submission will be returned unopened.

For information please email:

purchasing.bids@hayscountytx.gov

Questions concerning this RFP must be received in writing no later than 5:00

May 14, 2026.

Phone No.: (512) 393-2278

OFFER (Must be fully completed by Respondent)

In compliance with the above, the undersigned offers and agrees to furnish all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein. Award shall include all solicitation documents and attachments.

MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY.

Respondent Respondent’s Authorized Representative Entity Name:

Mailing Address:

Name:

Title:

Email Address:

Phone No.:

Signature: Date:

Name, Email Address and Phone No. of person authorized to conduct negotiations on behalf of Respondent:

NOTICE OF AWARD (To be completed by County) Funding Source: Awarded as to item(s): Contract Amount:

Vendor: Term of Contract:

This contract issued pursuant to award made by Commissioners Court on:

Date: Agenda Item:

Important: Award notice may be made on this form or by other Authorized official written notice.

Hays County Judge

Date

Hays County Clerk Date mailto:purchasing.bids@hayscountytx.gov

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Table of Contents

Solicitation, Offer and Award

I. Submittal Checklist

II. Summary

III. Specifications

A. Introduction

B. Scope of Work

C. Proposed Fee Schedule (attachment A)

D. Qualifications

E. Proposal Requirements

F. Evaluation Criteria

G. Submittal Requirements

H. Award of Contract

I. Warranty of Performance

IV. General Terms and Conditions for Solicitations

V. Vendor Reference Form

VI. Certificate of Interested Parties

VII. Conflict of Interest Disclosure & Questionnaire

VIII. Code of Ethics

IX. HUB Practices

X. House Bill 89 Verification

XI. Comptroller Divestment Statute Certification

XII. Debarment and Licensing Certification

XIII. Vendor/Bidder’s Affirmation

XIV. Federal Affirmation and Solicitation Acceptance

XV. Related Party Disclosure Form

Attachment A: 2026-P13 Proposed Fee Schedule

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I. Submittal Checklist

This checklist is provided for the Vendor’s convenience and identifies documents that MUST be submitted for the bid/proposal/SOQ to be considered responsive, as well as the required forms requested by Hays County.

A COMPLETE SOLICITATION RESPONSE PACKAGE INCLUDES:

The following forms MUST be returned for the bid/proposal/SOQ to be considered responsive:

____ 1. Solicitation, Offer and Award Form

____ 2. Proposal

____ 3. Attachment A: Proposed Fee Schedule

____ 4. Vendor Reference Form

____ 5. Conflict of Interest Disclosure & Questionnaire

____ 6. Related Party Disclosure Form

____ 7. Any addenda applicable to this solicitation

Required Forms by Hays County in Order to Execute a Contract:

____ 1. Code of Ethics

____ 2. HUB Practices

____ 3. House Bill 89 Verification

____ 4. Comptroller Divestment Statute Certification:

• Iran, Sudan, and Foreign Terrorist Organization Certification (TGC 2252)

• Israel Boycott Certification (TGC 2271.002)

• Prohibition of Energy Company Boycott Certification (TGC 2274)

• Prohibition of Discrimination against Firearm Companies or Firearm Trade Org. Certification (TGC 2274.002)

____ 5. Debarment & Licensing Certification

____ 6. Vendor/Bidder’s Affirmation

____ 7. Federal Affirmations and Solicitation Acceptance

____ 8. System for Award Management (www.SAM.gov) Printout

Hays County will accept bids/proposals/SOQ, by the due date by one of the following methods:

____ 1. Electronic Submission of Bid Packet through BidNet Direct and one (1) hard copy delivered, within 24 hours of proposal due date, in a sealed envelope with the Solicitation Number and Vendor’s name on the outermost envelope addressed to: Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666

OR

____ 2. One (1) original bid packet and one (1) digital copy on a thumb drive in a sealed envelope with the Solicitation Number and Vendor’s Name on the outermost envelope, addressed to: Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666 http://www.sam.gov/

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II. Summary

1. Type of Solicitation: Request for Proposal (RFP)

2. Solicitation Number: RFP 2026-P13

Indigent Cremation & Burial Services

3. Issuing Office: Hays County Purchasing Office 712 S. Stagecoach Trial, Suite 1012 San Marcos, TX 78666

4. Responses to Solicitation: Sealed proposals marked with Solicitation Number and Vendor Name on the outermost envelope Manual: One (1) Original and one (1) digital copy on a thumb drive, or

Electronic: Proposals can be submitted through BidNet Direct and one (1) hard copy is required to be received within 24 hours of due date.

5. Deadline for Responses: In issuing office no later than:

My 21, 2026; 10:00 a.m. Central Time (CT)

6. Initial Contract Term: One (1) year from Contract Execution

7. Optional Contract Terms: Four (4) – One (1) year renewal

8. Designated Contact: Hays County Purchasing Email: purchasing.bids@hayscountytx.gov

9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than May 14, 2026;

5:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the address above. Answers to questions will be provided in the form of an addendum posted after the question deadline on the CivicPlus, BidNet Direct, and ESBD websites for the benefit of all potential respondents.

The County reserves the right to contact the person submitting a question to clarify the question received, if necessary. Each clarification, supplement, or addenda to this solicitation, if any, will be posted on the CivicPlus, BidNet Direct and ESBD websites. All potential or actual respondents are responsible for monitoring the websites for such materials. Respondents are deemed to have notice of, and are required to comply with, any such material posted in accordance with this paragraph. Respondents should not rely upon any other sources of written or oral responses to inquiries.

10. Addenda Any interpretations, corrections or changes to this solicitation and mailto:purchasing.bids@hayscountytx.gov

RFP 2026-P13 Indigent Cremation & Burial Services Page 5 of 47 specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Hays County Purchasing Office. It is the Vendor’s responsibility to acknowledge receipt of all addenda with proposal submission.

11. Contact with County Staff: Upon issuance of this solicitation, employees and representatives of

Hays County, other than the Purchasing Office staff identified as the Designated Contact above, will not discuss the contents of this solicitation with any Vendor or its representatives. Failure of a Vendor or any of its representatives to observe this restriction may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

12. Websites: Plans, Specifications, and Bidding documents for pre-qualified bidders and interested non-bidders may be secured from the following websites:

www.bidnetdirect.com/haysCounty, http://www.txsmartbuy.com/sp, https://www.sanmarcostx.gov/Bids.aspx

Anticipated Schedule of Events

April 30, 2026 Issuance of RFP May 14, 2026 Deadline for Submission of Questions (5:00 PM CT) May 21, 2026 Deadline for Submission of Proposals (10:00 AM CT)

Late proposals will not be accepted.

June 2026 Anticipated contract award date https://www.sanmarcostx.gov/Bids.aspx

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III. Specifications A. Introduction

Hays County, Texas (“County”) is seeking a vendor to provide Indigent Cremation & Burial Services for Hays County in strict conformity with all applicable laws of Texas and the rules and regulations of the State as provided by Chapter 651 of the Texas Occupations Code and the Health and Safety Code, and the Texas Funeral Commission Standards and Regulations. The Hays County Health Department is responsible for determining the eligibility of the deceased, as an indigent burial. The County reserves the right to use services secured gratis from agreement(s) with other community sources for item(s) listed herein.

B. Scope of Work Hays County will select those services to be provided by the Vendor on a case-by-case basis. The Department will give written authorization to the Vendor when a body of an indigent resident is to be picked up and prepared for cremation or burial. Any other licensed funeral director may claim a body from the Vendor at the request of the deceased. The Family, not the County, then will be liable for all expenses incurred by the Vendor.

The vendor is responsible for all aspects of the cremation or burial process, including but not limited to:

• Transportation

• Preparation

• Containment

• Securing, opening, and closing a plot

• Embalming

• Grave Markers

• Preparation and dressing the body for burial

• Make arrangements with friends and family of the deceased to view the body

• Shelter remains and provide funeral services

• Obtaining the death certificate and filing it with the Bureau of Vital Statistics

• Obtaining the burial or cremation permits from the proper authorities per Chapter 193, Texas Health and Safety Code

• Vendor shall secure all license or permits required by any State, Couty or other governmental authority at its sole cost and expense.

Transportation and Storage:

The Vendor shall take possession of the body at the morgue, the medical examiner’s office, or any other location within Hays County or within a 30-mile radius of Hays County and transport the body to the Vendor’s facility or a subcontractor’s facility.

• Contractor must own and have available a minimum of two (2) transport vehicles in their inventory at all times. In addition, in the event where two transport vehicles are not sufficient, Contractor must have access to additional vehicles. Vehicles shall be reliable, clean, mechanically sound, secure, dignified, private and in good appearance. Vehicle must be kept in good repair and have regularly scheduled and documented maintenance records.

These records must be available for review by Hays County authorities on request. The interior of the vehicles must be regularly cleaned and disinfected. Vehicles must allow for bodies to be tightly secured to prevent any damage during transport.

• All transports require the use of a body bag if there are any bodily fluids present. Transport stretchers shall be padded and secured in a manner that immobilizes the body from moving during normal transport. Padding shall be installed on all head-bars to prevent injury during a sudden stop. A pillow shall also be used between the head and the head-bar for additional support.

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• Contractor is required to have on-site storage cooler and may be inspected by a Hays County authorized representative at any time during this contract

• The Contractor(s) shall provide storage and refrigeration of the decedent until the conclusion of the statutory waiting period for cremation or for a time period authorized by Department staff. The decedent’s body will be prepared according to the minimum requirements of State law.

Caskets/Coffins:

The Contractor shall provide an outer burial container for the grave that meets the minimum requirements of said cemetery and State law. Casket will be of doeskin, pinewood or metal type, cloth covered, non-protective or equivalent to meet minimum standards and requirements as prescribed by State law.

• Caskets/coffins for interment will be utilized based on the size of the decedent per the following:

Premature, still born or other child (up to 12 months) Bodies up to 250 pounds Bodies from 251 to 400 pounds Bodies over 400 pounds Bone fragments and body parts

• The body shall be placed in a casket/coffin in a natural position, after being cleaned and hair being combed and being properly clothes as required by law.

Grave Markers:

The Contractor shall provide an economy grave marker measuring a minimum of 16”x 8” x 3” and adhering to minimum standards as prescribed by cemetery regulations and State Law. Special care should be taken to ensure temporary grave markers remain visible and intact.

Temporary grave marker must be provided, until permanent grave marker arrives. The temporary marker will have all the known identifying information for the decedent to include full name, date of birth, and date of death.

Hays County is requesting a price per grave marker to be identified so we can work on placing grave markers on current graves located in the cemetery. These will be ordered each year as budget allows.

Funeral Services:

Funeral services shall be carried out with the utmost dignity, decorum, and solemnity, with at least one agent of the Vendor who is licensed by the Texas Funeral Services Commission in attendance and in accordance with applicable Texas laws and the rules and regulations of the Texas Funeral Service Commission.

• Whenever it is not possible to embalm a decedent who is scheduled for burial, then it is the responsibility of the Vendor to prepare the body in such a way as to decrease as much as possible any offensive odors. This will include, but not limited to the use of industry standard deodorizing agent on the body and placing the body in an industry standard both bag(s) that will minimize the escape of offensive odors.

• A normal, respectable casket and lining will be used at the time of service or viewing, appropriate to body size and complete with pillow and bed.

• Vendor will coordinate with Hays County, Cemetery, Crematory, and other parties necessary to perform the funeral services.

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• Whenever possible and applicable cultural and religious preferences of decedent and next of kin will be considered with regards to embalming.

• The vendor will be required to coordinate religious services for the deceased utilizing a minister chosen by the family, or if no family available, the service may be conducted y a minister of any religious organization or licensed funeral director.

• The service may be conducted at the gravesite or in an appropriate room at the Vendor’s facility, lasting no more than an hour in duration.

• The grave shall be properly covered, with the top of the casket interred not less than twenty-four (24) inches below the natural surface of the ground.

• The Vendor will ensure that each interment is individually buried, and plots are individually marked.

Cremation Services:

The body shall be cared for and interred or cremated in strict conformity with the laws of the State of Texas and rules and regulations of the Texas Funeral Service Commission.

• The body shall be attended by and interred or cremated in the presence of a funeral director licensed by the State of Texas.

• Cremation must occur as prescribed by Chapter 205 of the Texas Administrative Code.

• Interment of cremains must take place within 30 calendar days or less from having received the referral from the Department. Contractor must store cremains properly and as prescribed by State law and ensure that at least once per month interment of cremains takes place.

• The Contractor shall provide a container for the cremains to be interred in said crypt(s), grave (s) or niche (s) and shall be at a minimum of metal or Ziegler type case to be interred and will meet the minimum requirements of said local private cemetery if applicable and State law.

• The Contractor shall provide and install an economy bronze niche plate minimum size 2” x 4” or equivalent that meets minimum crypt/niche and/or cemetery requirements and state law for each cremains interred in the crypt(s) at the time of interment. The niche plates will be engraved with the decedent’s full name, date of birth (if known) and date of death (if known).

• Cremated remains will be returned to family members, if requested. Shipping of cremains at the request of next of kin shall be at the expense of next of kin as authorized by Department staff.

• Establish and maintain a system for tracking cremation services and location of interred cremains accessible to County staff and/or next of kin in the event of a disinterment request.

Veteran Burials:

Contractor shall coordinate all Veteran burials with the U.S. Department of Veterans Affairs, and National Cemetery Administration for burials at Fort Sam Houston National Cemetery. Contractor will notify the Department of impending Veteran burial within 48 hours of scheduled burial.

Cemetery Map:

The Vendor must maintain an accurate, professional and current layout of the cemetery, hereby known as the “Cemetery Map” or “Map”. This Map will serve as an identification tool for family members looking to place a grave marker, and for easy identification of each plot, as needed. An updated Map should be furnished to the County on a monthly basis with submitted invoices. The Vendor will be responsible for coordinating burial sites with the Hays County Indigent Health Coordinator.

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The Contractor shall establish and maintain a system for tracking burials and location of interred remains accessible to Department staff and/or next of kin in the event of a disinterment request.

Disinterment/Re-interment:

Hays County does not pay for family-requested exhumations. The following specifications are required to be followed for exhumation services requested by any other authority as required by court order.

1. The Contractor(s) shall arrange and direct all exhumations and re-interments for Hays County which are authorized by the Department.

2. The Contractor(s) shall provide a licensed funeral director to oversee the exhumation and re-interment as required by the laws of the State of Texas.

3. If family-requested disinterment, the Contractor shall deliver the exhumed remains to the family at the cost of the family. Hays County will not be held liable for any cost of said disinterment and/or re-interment or any associated costs.

4. The Contractor shall update records to reflect the disinterment and provide updated records and Map to Department staff immediately.

5. Court Ordered disinterment: The Contractor shall deliver the exhumed remains to the morgue, the Medical Examiner’s Office or any other authority as prescribed by Court Order.

The Contractor shall take possession of the remains and re-inter, if necessary, upon release.

6. For re-interment: The Contractor shall prepare the remains at the Contractor’s facility in accordance with the laws of the State of Texas. The Contractor shall provide a disaster pouch if necessary and any other required supplies.

7. The Contractor shall reuse the original casket if original casket is in reasonable condition. If original casket is unusable, a new casket shall be replaced.

8. The Contractor shall make every effort to keep the outer container in the grave and reusable during the exhumation. The outer container shall be reused if it continues to meet minimum requirements of the cemetery. If the original outer container is unusable, the outer container shall be replaced.

Disaster/Contingency Plan:

The vendor will submit a contingency emergency plan to provide services in the event of a force majeure.

C. Proposed Fee Schedule (attachment A) The proposed fee schedule is intended for each firm to submit an all-inclusive of the services identified.

The proposed fee schedule should include but not limited to necessary deliverables, insurance, overhead, other miscellaneous items, and cost to complete the proposed work.

D. Qualifications The following minimum requirements must be demonstrated in order for the submission to be considered responsive to Hays County, as well as the items identified on the Submittal Checklist.

• Is a duly qualified, capable, and otherwise bondable business entity

• Has a minimum of five (5) years’ experience in the provision of Indigent Cremation and

Burial Services

• Is not in receivership

• Does not owe any back taxes within Hays County

• Is normally engaged in this type of business

• Is familiar with and will abide by all laws, regulations, and customs applicable to this type of service.

• All licenses or permits required by an State, County, or other governmental authority shall be secured by Contractor at its sole cost and expense.

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REFERENCES: Consultant shall provide a minimum of three (3) references where like services have been supplied by their company. Include name of company, address, telephone number and name of representative.

RESPONSIBILTY: A prospective respondent must affirmatively demonstrate respondent’s responsibility.

A prospective respondent must meet the following requirements:

• Have adequate financial resources, or the above ability to obtain such resources as required

• Be able to comply with required or proposed delivery schedule

• Have a satisfactory record of performance

• Be otherwise qualified and eligible to receive an award

TIME OF PERFORMANCE: It is imperative that the prospective respondent respond to County requests in a timely manner and comply with required or proposed delivery schedules. Please describe how you intend to respond to and track County requests.

SYSTEM FOR AWARD MANAGEMENT: Respondent and its Principals may not be debarred or suspended nor otherwise have an exclusion record created in the System for Award Management (SAM) website.

Include verification that the company as well as the company's principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a printout of the Entity Registration page that shows your firm is in active status and is not expired.

E. Proposal Requirements Proposals shall be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and the understanding of the County’s Needs.

Proposals shall not exceed thirty (30) pages (15 sheets front and back) in length, but not including:

• Front and Rear Covers

• Letter of Transmittal: RFP Subject Line, name of Vendor, address, telephone number, name of contact person, and signed by the individual authorized to negotiate for and contractually bind the company.

• Table of Contents

• Appendix materials (any required forms, see Submittal Checklist, and addenda from Hays

County)

Items that count towards the 30-page limit

• Profile/Experience of the Company

Company information shall include: Company legal name of the Bidder, principal place of business, number of years in business, and description of company organization including identification of number of staff dedicated to the project.

Describe a minimum of two, if any, similar or larger communities with whom you presently have or have provided Indigent Cremation & Burial Services. All respondents are to notate if Indigent Cremation & Burial Services have not previously been provided by the company. If services have been provided, then you are to include the following information:

o Client Name, Address, and telephone number;

o Date of original contract and expiration date;

o Number of renewals, if applicable.

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List of any criminal charges, civil lawsuits, or dispute resolutions to which the Company is a part in the past five (5) years and the nature of the issue. Indicating if and how it was resolved.

List all contracts lost or not renewed in the last three years and list contact person ad telephone number for those contracts. Provide a narrative describing reason that contract have not been renewed. Respondent must specifically identify any contract from which they have been asked to be relieved or any contract that have been cancelled prematurely.

Key Personnel:

o Provide resumes of all employees who may be assigned to provide services if your company is selected. Include years of experience in similar projects for government agencies.

o Provide an organizational chart containing the names, telephone numbers and email address of the prime providers and any sub-providers that would be proposed for the team and their contract responsibilities by work category.

• Capacity to Perform (Methodology/Technical Approach) Describe the capacity to perform the Scope of Work activities.

Provide a description of your proposed approach/strategy to provide and perform the objectives, specific elements, and tasks associated with services.

Policies on press relations.

Disaster/Contingency Plan

• Proposed Fee Schedule

Sheet size is limited to 8½” x 11” sheets only, using 12-point font. The organizational chart is permissible to use an 11” x “17” sheet (one-sided) and a font smaller than 12-point for the organizational chart, provided text is clearly legible. It is permissible to use a font smaller than 12-point for graphics, provided text is clearly legible.

The proposal must be submitted with a continuous binding (e.g. – spiral, GBC, etc.) along the left edge;

no other binding will be accepted and should not exceed thirty (30) pages, fifteen (15) pages front and back, not including the appendix materials.

F. Evaluation Criteria The Evaluating Committee will evaluate each respondent’s proposal based on a comprehensive set of criteria. Proposals received shall be evaluated and ranked by the County according to the following criteria: (Maximum Point Total 100)

Evaluation Criteria Maximum Score Points

Select a whole number from the list provided for each question (decimal or unlisted rating score are not permitted)

Capacity to Perform, Mythology/Approach to perform services

45 45 = Significantly Exceeds Requirements 36 = Exceeds Requirements 27 = Meets ALL Requirements 18 = Partially Meets Requirements 9 = Marginally Meets Requirements

Proposed Cost (scored by Purchasing)

30 30 = Significantly Exceeds Requirements 24 = Exceeds Requirements 18 = Meets ALL Requirements 12 = Partially Meets Requirements 6 = Marginally Meets Requirements

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Experience of the Company 25 25 = Significantly Exceeds Requirements 20 = Exceeds Requirements 15 = Meets ALL Requirements 10 = Partially Meets Requirements 5 = Marginally Meets Requirements

Total Evaluation Points 100

Interview (optional) Ranking At the County’s discretion, submitting entities may be requested by the Evaluating Committee to conduct interviews as part of the evaluation process, prior to making recommendations to Commissioners Court regarding award.

It is the practice of Hays County to encourage local participation and to promote and encourage contracting and subcontracting opportunities for locally owned businesses and labor in all contracts.

The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Hays County is an Affirmative Action/Equal Opportunity Employer and strives to attain goals for Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended. Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.

Hays County reserves the right to award to multiple contractors and to designate contractors in terms of primary service providers and standby service providers.

G. Submittal Requirements The Company must deliver their proposal to the Hays County Purchasing Department by one of the following methods by the specified deadline:

Mailed or Dropped off Proposals:

• One (1) original proposal with required forms manually signed by the respondent with original signatures

• One (1) digital copy of the full proposal with all required forms on a thumb drive

Electronic Proposals:

• Upload proposal with required forms manually signed by the respondent. (through BidNet

Direct)

• One (1) original proposal with required forms manually signed by the respondent, delivered to the Hays County Purchasing Office. Either the original or Electronic Proposal (through BidNet Direct) MUST be received by the due date and time to be considered responsive. Physical copy must be received in the Hays County Purchasing Office within 24 hours of proposal due date.

LATE SUBMITTALS WILL NOT BE ACCEPTED.

ALTERING PROPOSALS: Any interlineations, alteration, or erasure made before receiving time must be initialed by the signer of the proposal, guaranteeing authenticity.

WITHDRAWING OF PROPOSAL: A proposal may be withdrawn at any time prior to the official opening.

After the official opening, proposals may not be amended, altered or withdrawn without the recommendation of the County Purchasing Agent and the approval of Commissioners Court.

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FORMS: All proposals must be submitted on the forms provided in this solicitation document. Changes to solicitation forms made by bidders shall disqualify the proposal.

REPONDENT’S ACCEPTANCE: by submitting a response to this RFP, the respondent certifies that is has fully read and understands the terms, conditions and statements of this Request for Qualifications and has knowledge of the scope of the quality of services to be furnished and intends to adhere to the provisions described herein.

H. Award of Contract BASIS OF AWARD: The County reserves the right to award a contract for named project to an organization on the basis of “best value”. Best value will be determined based on cost, experience, qualifications, references, proposed methodology/technical proposal, and overall responsiveness, clarity, and organization of the solicitation response.

COMPANY AGREES, if this proposal is accepted, to furnish any and all services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of the proposal will be one hundred twenty (120) calendar days.

The awarded company expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP. The awarded company agrees to correct any deficiencies in its performance of services upon notification by the County and without additional expense to the County.

ACCEPT OR REJECT: It is understood that Hays County reserves the right to accept or reject any and all submittals as it shall deem to be in the best interest of Hays County. The prospective entities are fully responsible for all costs incurred in the preparation and/or presentation of the RFP submittals. All received RFP submittals will become the property of the County. The RFP does not commit the County to award a contract, issue a purchase order, or pay any costs incurred in the preparation of a submission in response to this RFP. The County can waive any informality in the proposals received. Proposals may be held for one hundred twenty (120) calendar days after opening without taking action.

COMMISSIONERS COURT APPROVAL REQUIRED: The Hays County Commissioners Court must approve the contractors selected to provide the services requested in this RFP. The County reserves the right to authorize contract negotiations to begin without further discussion with contractors submitting a response. Therefore, each proposal should be submitted as completely and accurately as possible. The County reserves the right to request additional data, oral discussions, or presentations in support of the written proposal. If the proposal is accepted and approved by Commissioners Court, this document shall be made part of the contract.

Respondent’s Obligation Regarding Evaluation

a. SUBMISSION OF INFORMATION. Submitters are cautioned that it is each contractor and or individual’s sole responsibility to submit information related to the evaluation categories, and the County is under no obligation to solicit such information if it is not included with the proposal. Failure of a contractor or individual to submit such information may cause an adverse impact on the evaluation of the specific proposal.

b. SUBMITTER REVIEW OF RFP. Submitters are responsible for examining and being familiar with all specifications, terms, conditions, provisions, and instructions of the RFP and their responses.

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Failure to do so will be at the contractor and/or individual’s risk and will not be a determinative factor when awarding the contract for services.

ORAL NON-BINDING: Any non-written representations, explanations, or instructions given by County staff or County agents are not binding and do not form a part of, or alter in any way, the RFP, a written agreement pertinent to the RFP, or the awarding of the contract.

RESERVATIONS BY COUNTY: The Commissioners Court has the right to accept, reject, or cancel any and all submissions. In addition, the County expressly reserves the following:

1. waive any defect, irregularity, or informality in any submission or RFP procedure;

2. extend the RFP closing time and date;

3. reissue this RFP in a different form or context;

4. procure any item by other allowable means;

5. revise and modify, at any time before the RFP submittal due date, the factors and/or weights of factors the County will consider in evaluating RFP submittals and to otherwise revise or expand its evaluation methodology as set forth herein;

6. investigate the qualifications of any contractor under consideration and require confirmation of information furnished by a contractor;

7. require additional information from a contractor concerning contents of its RFP submittal and/or require additional evidence of qualifications;

8. waive minor deviations from specifications, conditions, terms, or provisions of the RFP, if it is determined that waiver of the minor deviations improves or enhances the County’s business interests under the RFP;

9. extend any contract when most advantageous to the County, as set forth in this RFP.

10. appoint an evaluation committee to review RFP submittals or responses, make recommendations and seek the assistance of outside technical experts in RFP submittal evaluation;

11. hold interviews and conduct discussions and correspondence with one or more of the contractors responding to this RFP to seek an improved understanding and evaluation of the responses to this RFP.

12. disclose information contained in an RFP submittal to the public as required under the Texas Public Information Act; AND/OR

13. exercise any other right reserved or afforded to Hays County under this RFP. The County reserves the right to modify the process, in its sole discretion, to address applicable law and/or the best interest of the County.

The County shall not, under any circumstances, be bound by or be liable for any obligations with respect to any construction project until such time (if at all) a contract has been awarded and all approvals obtained in form and substance satisfactory to the County have been executed and authorized by the County, and then only to the extent of such agreements.

I. Warranty of Performance The successful respondent expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP. The successful bidder agrees to correct any deficiencies in performance of services upon notification by the County and without additional expense to the County.

CONTINUING NON-PERFORMANCE of the bidder, in terms of specifications, shall be basis for the termination of the contract by the County. The County shall not pay for merchandise/services that are unsatisfactory. Failure to perform any provision will constitute a default of contract, in which case, corrective action shall take place within ten (10) days from the date of written notice citing the nature of

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COMPLIANCE WITH LAWS: The successful Respondents shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the solicitation. Any contract executed as a result of this RFP shall be governed by the laws of the State of Texas.

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IV. General Terms and Conditions for Solicitations Applicable To: Request for Proposals (RFP)

1. GENERAL DEFINITIONS:

a. “Auditor” means the Hays County Auditor or his/her designee.

b. “Commissioners Court” means Hays County Commissioners Court.

c. “Contract” means the contract awarded pursuant to the RFP.

d. “Contractor” means a person or firm receiving an award of contract from Commissioners Court.

e. “County” means Hays County, Texas, a political subdivision of the State of Texas.

f. “County Building” means any County owned buildings and does not include buildings leased by County.

g. “Is doing business” and “has done business” mean:

i. Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250 in the aggregate in exchange for personal services or for purchase of any property or property interest, either real or personal, either legal or equitable; or

ii. Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal obligation or debt with a value of more than $250 in the aggregate in a calendar year;

iii. But does not include any retail transaction for goods or services sold to a Key Contracting Person at a posted, published, or marked price available to the general public.

h. “Key Contracting Person” means any person or business listed in Exhibit A to Affidavit.

i. “Purchasing Agent” means the Hays County Purchasing Agent.

j. “Sub-contractor” means a person or firm doing business with a Contractor.

2. FUNDING: Funds for payment on this Contract have been provided through the County budget approved by Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of Hays County to be included in each proposed budget within the foreseeable future. County Commissioners expect this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract.

However, County cannot guarantee the availability of funds, and enters into this Contract only to the extent such funds are made available. The Fiscal Year for County extends from October 1st of each calendar year to September 30th of the next calendar year.

3. FUNDING OUT: Despite anything to the contrary in this Contract, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is terminated due to the failure to fund it.

4. INVOICING/PAYMENTS:

a. Contractor shall provide County with an Internal Revenue Form W-9, Request for Taxpayer Identification

Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any Contract funds are payable.

b. As a minimum, invoices shall include: (i) name, address, and telephone number of Contractor and similar information in the event payment is to be made to a different address; (ii) County Contract or Purchase Order number; (iii) identification of products or services as outlined in this Contract; (iv) quantity or quantities, applicable unit prices, total prices, and total amount; and (v) any additional payment information called for by this Contract. County will not pay invoices that are in excess of the amount authorized by the purchase order.

c. Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products and services and submission of an invoice to the address below:

County Auditor

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712 S Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

d. Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of acceptable invoice, whichever is last. Partial payments will not be made unless specifically requested and approved by County prior to Contract award.

e. Accrual and payment of interest on overdue payments shall be governed by Tex. Gov’t Code Ann., ch.

2251.

5. COUNTY TAXES: If the Contractor subsequently becomes delinquent in the payment of County taxes, it will be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of County property taxes at the time of invoicing, Contractor assigns any payments to be made for performance under this contract to the County Tax Assessor-Collector for the payment of delinquent taxes.

6. PROMPT PAYMENT ACT: TEX. GOV’T CODE ANN., ch 2251 (Vernon Supp. 1995) requires that payments be made within 30 calendar days. If County fails to pay within 30 days, interest on overdue amounts is subject to Chapter 2251, Texas Government Code. The law does not apply if the terms of a federal grant, contract, regulation, or statute prevent local governments from making timely payments with federal funds. Contractors and subcontractors must pay their suppliers interest if the supplier is not paid within 10 calendar days after the contractor or subcontractor receives payment. Contractors must apply for interest payments within 6 months of submitting a proper invoice if they believe such interest was due but not paid. Interest begins accruing 30 days after either of the following, whichever is later; (i) satisfactory delivery or performance has been completed, or, (ii) a correct invoice is received at the designated place.

7. FOB POINT: Delivery of all products under this contract, if any, shall be made Free on Board to final destination, at the address shown in this contract or as indicated on each Purchase Order placed against this contract. The title and risk of loss of the goods shall not pass to County until acceptance takes place at the F.O.B. point.

8. INSPECTION AND ACCEPTANCE: The County office or department receiving items pursuant to this contract shall inspect and accept only those items that are satisfactory to them, and reject those items which are damaged or which do not conform to specifications. Contractor shall be responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries.

9. VARIATION IN QUANTITY: No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract.

10. OFFICIALS NOT TO BENEFIT: If a member of Commissioners Court belongs to a cooperative association, the County may purchase equipment or supplies from the association only if no member of the Commissioners Court will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.

11. NONDISCRIMINATION; CIVIL RIGHTS/ADA COMPLIANCE:

a. Contractor shall not engage in employment practices that have the effect of discriminating against employees or prospective employees because of age, race, color, sex, creed, national origin or handicapped condition.

b. Contractor shall provide all services and activities required in a manner that would comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336 [S.933] if Contractor were an entity bound to comply with these laws.

12. CHANGES:

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a. This Contract may be amended only by written instrument signed by both County and Contractor. It is acknowledged by Contractor that NO OFFICIAL, EMPLOYEE, AGENT OR REPRESENTATIVE OF COUNTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO CHANGE THE SCOPE OF THIS CONTRACT OR OTHERWISE AMEND THIS CONTRACT, OR ANY ATTACHMENTS HERETO, UNLESS EXPRESSLY GRANTED

THAT AUTHORITY BY THE COMMISSIONERS COURT.

b. Contractor shall submit all requests for changes to this Contract or any attachment(s) to it to the Purchasing Agent. The Purchasing Agent shall present Contractor’s requests to Commissioners Court for consideration.

13. REPRESENTATIONS:

a. Contractor represents that he has thoroughly examined the drawings, specifications, schedule, instructions and all other contract documents. Contractor has made all investigations necessary to be thoroughly informed regarding plant and facilities for delivery of material, equipment and/or services as required by the proposal conditions.

b. The Contractor’s delivery time includes weekends and holidays.

c. Contractor certifies that he is a qualified, bondable business entity that he is not in receivership or contemplates it, and has not filed for bankruptcy. He further certifies that the Company, Corporation, Partnership, or Sole Proprietorship is not delinquent with respect to payment of County property taxes.

d. Contractor warrants that all applicable patents and copyrights which may exist on items that will be supplied under the contract have been adhered to and further warrants that County shall not be liable for any infringement of those rights. Warranties granted County shall apply for the duration of this contract or for the life of equipment or supplies purchased, whichever is longer. County must not extend use of the granted exclusive rights to any other than County employees or those with whom County has established a relationship aimed at furthering the public interest, and then only for official public uses. County will not knowingly or intentionally violate any applicable patent, license, or copyright. Contractor must indemnify County, its officers, agents, and employees against all claims, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney’s fees arising in connection with any alleged or actual infringement of existing patents, licenses or copyrights applicable to items sold.

e. The Contractor warrants that upon execution of a contract with the County, he will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of age, religion, race, color, sex, creed, handicap, or national origin and will submit reports as the County may require to assure compliance.

f. Contractor warrants to County that all items delivered and all services rendered will conform to the specifications, drawings, or other descriptions furnished or incorporated by reference, and will be of merchantable quality, good workmanship, and free from defects. Contractor further agrees to provide copies of applicable warranties or guarantees to the Purchasing Agent. Copies will be provided within 10 days after the Notice of Award is issued. Return of merchandise under warranty shall be at Contractor’s expense.

14. SUBCONTRACTS:

a. Contractor shall not enter into any subcontracts for any service or activity relating to the performance of this Contract without the prior written approval or the prior written waiver of this right of approval from County. IT IS ACKNOWLEDGED BY CONTRACTOR THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE OF COUNTY HAS THE AUTHORITY TO GRANT SUCH APPROVAL OR WAIVER UNLESS

EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISSIONERS COURT.

b. If a subcontract is approved, Contractor must make a “good faith” effort to take all necessary and reasonable steps to insure HUBs maximum opportunity to be subcontractors under this Contract.

Contractor must obtain County approval of all proposed HUB subcontractors through the Purchasing Agent. Failure by Contractor to make a good faith effort to employ HUBs as subcontractors constitutes a breach of this Contract and may result in termination of this Contract.

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15. ASSIGNMENT:

a. The parties to this Contract shall not assign any of the rights or obligation hereunder without the prior written consent of the other party.