ESBD_511448_1777669330338_RFP 001-26- TES Edwards Aquifer Habitat Conservation Plan Media Outreach and Newsletter Communications.pdf

May 4, 2026

Dear Interested Offeror:

The Edwards Aquifer Authority (EAA) is requesting proposals from qualified vendors for Edwards Aquifer Habitat Conservation Plan Media, Outreach, and Newsletter Communications with an EAA option to renew for 2 additional years (RFP NO. 001-26-TES).

Attached is the proposal package, which includes the following for submission by interested offerors:

Proposal Summary (Attachment A1); Cost Proposal Summary (Attachment A2); Client Reference forms (Attachments B1-B3); Project Subcontracting Plan (Attachment A4); and Insurance Requirement Affidavit.

The EAA is currently accepting electronic or physical submissions of proposals as follows:

Electronic: The EAA has partnered with the Texas Purchasing Group for receipt of electronic proposals via BidNet Direct (BidNet). Please register on BidNet to access the proposal request and to submit required documents. Please note, a paid subscription to BidNet is not required to access proposals or submit responses:

(https://www.bidnetdirect.com/texas/edwardsaquiferauthority)

Physical: Submit one (1) printed original and one (1) electronic copy on a CD or USB thumb drive of the proposal responses, sealed with “RFP NO. 001-26-TES” indicated on the top of the envelope, to:

Ms. Shelly Hendrix Sr. Director/CFO of Finance

RFP NO. 001-26-TES

Edwards Aquifer Authority 900 E. Quincy Street San Antonio, Texas 78215

Proposals are due no later than 3:00 p.m., Wednesday, May 27, 2026, at which time the proposals will be opened. PROPOSALS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED BY BIDNET AND WILL BE RETURNED, UNOPENED, IF PHYSICALLY SUBMITTED. Proposals offering less than 90 calendar days for acceptance by the EAA from the date set for opening will be considered nonresponsive and will be rejected. The EAA reserves the right to reject any and all proposals.

If you have any questions, please contact Ms. Hendrix at contracting@edwardsaquifer.org.

Sincerely, Roland Ruiz General Manager

REQUEST FOR PROPOSALS

FOR EDWARDS AQUIFER HABITAT CONSERVATION PLAN MEDIA, OUTREACH,

AND NEWSLETTER COMMUNICATIONS

FOR THE

EDWARDS AQUIFER AUTHORITY

RFP NO. 001-26-TES

Issued by:

Edwards Aquifer Authority

900 E. Quincy Street San Antonio, Texas 78215

Issue Date: Monday, May 4, 2026

Proposals Close: Wednesday, May 27, 2026 3:00 p.m., Central Time

SECTION 1

PROJECT INTRODUCTION AND BACKGROUND

1.1 PURPOSE OF REQUEST FOR PROPOSALS (RFP)

The Edwards Aquifer Authority (EAA), located in San Antonio, Texas, is soliciting proposals for Edwards Aquifer Habitat Conservation Plan (EAHCP) Media, Outreach, and Newsletter Communications, with an EAA option to renew for 2 additional years.

1.2 DESCRIPTION OF PROPOSED PROJECT

The purpose of this RFP is for interested Offeror’s to develop and produce the Edwards Aquifer Habitat Conservation Program and Aquifer Storage and Recovery Program Newsletters.

The EAHCP defines how we protect federally listed species that live in the Edwards Aquifer and the Comal and San Marcos springs. The EAHCP program’s Incidental Take Permit was granted to the EAA, City of San Marcos, City of New Braunfels, Texas State University, and the City of San Antonio acting by and through the San Antonio Water System (collectively known as the EAHCP Permittees) to protect federally listed species from specific activities, Covered Activities, like groundwater pumping.

1.3 PROJECT SCHEDULE

The following is the tentative schedule for selection and award of the EAA's procurement:

Description Date

RFP Newspaper Advertisements Sunday, May 3, 2026 through Thursday, May 14, 2026

Texas Purchasing Group Website-BidNet Monday, May 4, 2026 through Wednesday, 27, 2026

State of Texas Electronic State Business Daily (ESBD) Monday, May 4, 2026 through Wednesday, May 27, 2026

Last Date for Questions * Tuesday, May 19, 2026

* Submit to contracting@edwardsaquifer.org 3:00 p.m., Central Time

Deadline to Submit/Proposal Opening Wednesday, May 27, 2026 3:00 p.m., Central Time

SECTION 2

INSTRUCTION TO OFFERORS

2.1 REQUESTS FOR INFORMATION

This RFP is being issued by the EAA, San Antonio, Texas, which is the sole point of contact for purposes of information concerning this RFP. The EAA reserves the right to issue addenda, if necessary. All questions and inquiries regarding this request for proposal must be submitted in writing to Ms. Shelly Hendrix, Sr. Director/CFO of Finance, by the time specified in Section 1.3.

No Phone Calls Please. Requests for information received prior to the deadline stated in Section

1.3 are to be responded to in writing by the EAA in the form of an addendum published on BidNet Direct (BidNet).

(https://www.bidnetdirect.com/texas/edwardsaquiferauthority)

Submission of a proposal shall be considered prima facie evidence that the Offeror has familiarized himself/herself with, and understands, the solicitation, its terms and general conditions, etc., under which the contract is to be awarded, administered, and performed. The EAA will not be responsible for any interpretations or misinterpretations of any oral instructions.

2.2 SUBMISSION REQUIREMENTS

Proposal responses submitted must contain, at a minimum, the following:

• Proposal Summary (Attachment A1)

• Cost Proposal Summary (Attachment A2)

• Client Reference forms (Attachments B1-B3)

• Project Subcontracting Plan (Attachment A4)

• Insurance Requirement Affidavit

Offerors may provide electronic or physical submissions of proposal responses as follows:

• Electronic: The EAA partnered with the Texas Purchasing Group for receipt of electronic proposals via BidNet. Please register on BidNet to access the proposal request and to submit electronic submission documents. Please note, a paid subscription to BidNet is not required to access proposals or submit responses:

(https://www.bidnetdirect.com/texas/edwardsaquiferauthority)

• Physical: Submit one (1) printed original and one (1) electronic copy on a CD or USB thumb drive of the proposal responses, sealed with "RFP NO. 001-26-TES” indicated on the top of the envelope, to:

Ms. Shelly Hendrix Sr. Director/CFO of Finance

RFP NO. 001-26-TES

Edwards Aquifer Authority https://www.bidnetdirect.com/texas/edwardsaquiferauthority https://www.bidnetdirect.com/texas/edwardsaquiferauthority

NO FACSIMILE OR EMAIL PROPOSALS WILL BE ACCEPTED.

Upon receipt of a proposal submitted in accordance with Section 2.2, each proposal will be stamped with the date and time received and remain unopened until the proposal opening. All proposals become the property of the EAA, which will hold the contents of all proposals confidential until an award is made.

PROPOSALS MUST BE RECEIVED NO LATER THAN THE DEADLINE SPECIFIED

IN SECTION 1.3. PROPOSALS RECEIVED AFTER THE DEADLINE WILL NOT BE

ACCEPTED BY BIDNET AND WILL BE RETURNED, UNOPENED, IF PHYSICALLY

SUBMITTED. PROPOSALS RECEIVED AFTER THIS TIME WILL BE DECLARED

LATE AND NOT ELIGIBLE FOR CONSIDERATION. THE EAA IS NOT

RESPONSIBLE FOR INTERNET CONNECTIVITY, COMPUTER TIME SETTINGS,

MAIL, COURIER OR OTHER DELIVERY METHODS, IN-TRANSIT TIME OR NON-

DELIVERY. LATE DELIVERIES TO THE EAA OFFICES WILL BE UNOPENED AND

THE OFFEROR WILL BE ADVISED BY MAIL THAT HIS/HER PROPOSAL WAS

LATE, NOT ACCEPTED AND WILL BE ALLOWED TO PICK UP HIS/HER

PROPOSAL PACKAGE OR FURNISH A “CALL TAG” AND HAVE THE PACKAGE

PICKED UP BY A COURIER.

2.3 PROPOSAL FORMAT

The EAA requires that submitted proposals adhere to the following general format to simplify the review process. Failure to follow the required format or to respond to each specification may result in rejection of the proposal. All proposals must be submitted in accordance with Section 2.2, Submission Requirements. Failure to do so may result in rejection of the proposal.

2.3.1 General Requirements

Submit three (3) client references for whom similar newsletter editing and communication services has been provided within the past 5 years on the form contained in Attachments B1-B3, Client Reference. Provide responses for all minimum information on the form for each reference and do not use the EAA as a reference. The Offeror agrees EAA staff may contact the references given.

2.3.2 Response to Commercial Questions and Statements

Please answer the questions indicated in Attachment A1, Proposal Summary, directly and specifically. All pricing is to be included in Attachment A2, Cost Proposal Summary. Any exceptions to any of the requirements and specifications contained in this RFP must be noted in the allotted space in Attachment A1. Attachments A1 and A2 must be returned with the Offeror’s proposal response.

2.3.3 Cost Proposal

Please provide an itemized list of projected costs necessary for completing the project described in this RFP on Attachment A2, Cost Proposal Summary. The cost proposal shall include the price for any shipping, crating, insurance, and other costs related to the delivery and installation of the proposed project. The EAA is exempt from sales tax but could be subject to other types of taxes.

If any other type of tax is added, please specify. This project will be awarded as a time-and-materials, not-to-exceed an agreed upon total Contract amount.

2.4 MINORITY-OWNED AND WOMEN-OWNED BUSINESSES

The EAA strongly encourages minority and women-owned businesses (M/WBEs) to submit proposals to all requests. It is EAA policy that M/WBEs have an equal opportunity to apply for, and be awarded, EAA contracts and subcontracts. It is the EAA’s good faith effort goal to award 30% of the total amount of all contracts to M/WBEs whenever possible. To assist in meeting this goal, the EAA strongly encourages Offerors to seek joint ventures and/or subcontracting opportunities with M/WBE’s when appropriate.

2.4.1 M/WBE Subcontracting Opportunities

In an effort to assist Offerors, EAA staff researched M/WBE availability and noted the total number of certified M/WBEs potentially available to perform work requested on this RFP in Attachment A3. To successfully complete the RFP, Offerors must complete a Project Subcontracting Plan (Attachment A4), which addresses subcontracting use and provides links to the sources used to identify M/WBEs in Attachment A3.

2.5 PROPOSALS BINDING

Proposals must set forth accurate and complete information as required by this RFP (including attachments). Negligence upon the part of the Offeror in preparing the proposal confers no right of withdrawal after the time fixed for the submission of proposals.

2.6 LATE PROPOSALS, MODIFICATIONS, OR WITHDRAWALS

Proposals received after the date and the time indicated will not be considered and will be returned unopened if the Offeror is identified on the envelope.

Proposals may be withdrawn or modified in writing prior to the proposal opening. Responses that are resubmitted or modified shall be sealed and resubmitted in accordance with Section 2.2, Submission Requirements, prior to the proposal opening.

2.7 PROPOSAL COSTS

All costs for preparing the proposals are to be borne by the Offeror and may not be included in the cost proposal.

2.8 PROPOSAL SIGNATURE

The EAA will prepare a contract for the Successful Offeror using the name exactly as it appears on the proposal. Therefore, it is imperative the Offeror signs the proposal using correct and complete legal names and titles.

2.9 CONTRACT AWARD

The EAA reserves the right to accept or reject any and all proposals. Unless all proposals are rejected or the solicitation is cancelled, the contract is to be awarded to the Offeror whose proposal best meets the requirements and criteria set forth in these specifications. No proposal is to be considered binding upon the EAA until a contract has been awarded.

Contract award is to be issued to the Successful Offeror by letter. The Successful Offeror shall not begin any work on this contract until such time as a Notice to Proceed has been issued by the General Manager.

Please note, in 2015, the Texas Legislature adopted House Bill 1295, which added section

2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, or whichever is earlier, including an amended, extended, or renewed contract, of a governmental entity or state agency that either:

1. requires an action or vote by the governing body of the entity or agency before the contract may be signed; or

2. has a value of at least $1 million, or

3. is for services that would require a person to register as a lobbyist under Chapter

305 of the government Code.

A Successful Offeror will be required to submit Form 1295 in accordance with these provisions.

More information can be obtained at the following link:

https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/filinginfo/1295/

2.10 CONTRACT

It is expressly understood by the Offerors that written notice of award by the EAA will constitute acceptance of the proposal.

2.11 CONTRACTOR SELECTION

2.11.1 Selection Process

The selection process will include the following steps:

1. Receipt of proposals.

2. Review of proposals submitted.

3. Evaluation of proposals and ranking of Offerors - EAA staff shall review all information available from the selection process and rank the Offerors.

4. Contract Award - The EAA will award the Contract to the Offeror whose proposal is the most advantageous to the EAA and which will result in the most economical provision of these required services to the EAA.

2.11.2 Selection Criteria

Selection will be based on the following criteria which are listed in order of importance:

1. Commercial Quality (60 points) o Satisfactory response to terms and conditions o Experience with similar programs o Proposal quality o Customer references and satisfaction of existing customers

2. Cost Factors (30 points) o Total cost o Additional costs

3. Vendor Location and Schedule (10 points) o Proximity of vendor and ability to meet all deliverables by the overall deadline

2.12 CONFIDENTIAL MATERIAL

Proposals will remain confidential until an award is made, except for the information that is public during a proposal opening. At that time, all information is public unless considered confidential by the Public Information Act, such as trade secrets and financial information. Offeror must indicate if any of the information provided constitutes an exception to the Public Information Act.

All information not labeled as confidential will be presumed to be public information.

SECTION 3

SPECIFICATIONS

3.1 BACKGROUND INFORMATION

The EAA is a political subdivision of the State of Texas. Governed by an elected board of directors, the EAA is empowered to manage, enhance, and protect the Edwards Aquifer.

The EAHCP Steward Newsletter is currently a bi-monthly newsletter highlighting the collaborative efforts to protect the threatened and endangered species that inhabit the Edwards Aquifer and the Comal and San Marcos springs systems. Each newsletter features a story about a conservation activity, contractor, volunteer organization, or dedicated individual working to support and/or implement EAHCP Conservation Measures or protect the Edwards Aquifer. In addition to the EAHCP Steward Newsletter, the EAA publishes six editions of their News Drop Magazine and EAHCP Conserve Newsletter each year. In 2025, each News Drop Magazine included EAHCP-related feature articles. The six EAHCP Conserve Newsletters distributed in 2025 were intended to increase Permittee participation in the ASR and Voluntary Irrigation Suspension Program Option (VISPO) Conservation Measures.

3.2 MINIMUM SPECIFICATIONS

3.2.1 Edwards Aquifer Habitat Conservation Plan Media, Outreach, and Newsletter Communications

This media, outreach, and newsletter contract is divided into four distinct tasks. The Successful Offeror will meet with the EAHCP Project Manager before the start of the project to discuss each task.

Task 1. Meetings and Administration

At the request of the Sr. Habitat Conservation Program Coordinator, the Successful Offeror shall attend or listen to recorded EAHCP Implementing, Stakeholder, and Science committee meetings, EAHCP special meetings, workshops, and EAA Board meetings.

Task 2. EAHCP and EAA Electronic Newsletters

The Successful Offeror will develop and publish six (6) bi-monthly EAHCP electronic newsletters containing stories, photos, and a podcast or audio clip (e.g. bird songs) related to EAHCP programs and progress and assist the EAHCP Coordinator with providing EAHCP content and photos for six (6) bi-monthly EAA newsletters. The Successful Offeror will be responsible for story development, writing, photography, design, audio recording and production, coordinating EAHCP staff review, and publishing each issue of the EAHCP Steward Newsletter.

Task 3. ASR and VISPO Outreach

The Successful Offeror will attend stakeholder meetings, as necessary, to stay current on EAHCP Springflow Protection Programs including Aquifer Storage Recovery (ASR) and Voluntary Irrigation Suspension Program Option (VISPO) details and activities.

Through monthly coordination with ASR and VISPO program EAA staff, the Successful Offeror will assist in identifying opportunities to enhance participation in both programs through hardcopy, mailed newsletters.

The Successful Offeror will attend up to four regional lunch meetings designed to give EAA permit holders the opportunity for face-to-face interaction with ASR Leasing and VISPO program managers. The Successful Offeror will be responsible for developing content for promotional materials for each scheduled regional lunch meetings (i.e. postcards, text, photographs, etc.)

The Successful Offeror will develop and publish six (6) EAHCP Conserve Newsletter hardcopy newsletters containing stories and photos related to ASR and VISPO programs and progress. The Successful Offeror will be responsible for story development, writing, photography, design, coordination with EAA staff and publishing each issue of the newsletter. The EAA will be responsible for printing and distributing these hardcopy newsletters.

Task 4. Video and Other Media Content

The Successful Offeror will collaboratively work with EAHCP and EAA staff to provide videography and miscellaneous media content work as needed. This work could include capturing footage for video content, a video presentation of still photos, recording of narration for the videos, video interview recording, music acquisition, lighting, writing, and video editing. This will include reimbursement for production-related expenses such as equipment rental, if needed. A maximum of four (4) video productions of ten (10) minutes or less per production will be included. The timing of the videos will occur as warranted.

3.2.2 Pricing Information

Respondents are required to submit cost proposals in accordance with the provisions of Section 2.3.3, Cost Proposal.

SECTION 4

TERMS AND CONDITIONS

4.1 STANDARD FORM OF CONTRACT

Attached is a copy of the EAA’s Standard (Form of Contract) stating the general terms and conditions which will be contained in any contract resulting from this RFP (see Attachment C).

Exhibit A, Scope of Work, of the contract form attached is for informational purposes only.

Exhibit A is not to be completed at this time. It will be completed upon award of contract.

Offerors, by virtue of submitting a proposal, acknowledge, understand, and agree to these terms and conditions, unless such is indicated on the Proposal Summary.

4.2 LAWS AND REGULATIONS

The EAA requires that all responses to this RFP, and any contracts that may result, be in accordance with the laws and regulations of the State of Texas. Furthermore, the Awarded Contractor must adhere to all Occupational Safety and Health Administration standards as applicable to the contracted work.

4.3 PROPOSAL ACCEPTANCE PERIOD

All prices and conditions of the proposal shall remain in effect for ninety (90) days after the date set for the proposal opening. Proposals offering less than ninety (90) calendar days for acceptance by the EAA from the date set for opening will be considered nonresponsive and will be rejected.

The EAA’s Code of Ethics is attached for your reference only (see Attachment D). No action is necessary.

4.4 TIME OF COMPLETION

The Contractor shall take all necessary and appropriate actions to complete the project in accordance with the ongoing schedule incorporated in the resultant contract.

4.5 INSURANCE REQUIREMENTS

4.5.1 Worker's Compensation Insurance

The Contractor shall procure and shall maintain during the life of the contract, Worker’s Compensation and Employer’s Liability Insurance as required by applicable State law for all of his/her employees to be engaged in work at the site of the project under the contract and, in case of any such work sublet, the Contractor shall require the subcontractor(s) similarly to provide Worker’s Compensation Insurance for all of the latter’s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor’s Workers Compensation and Employer’s Liability Insurance. In case any class of employees engaged in hazardous work on the project under the contract is not protected under the worker’s compensation statutes, the Contractor shall provide and shall cause each subcontractor to provide adequate Employer’s Liability Insurance in the amount of $500,000 for the protection of such of his/her employees as are not otherwise protected.

4.5.2 Contractor’s (Commercial General) Public Liability and Property Damage Insurance and Vehicle Liability Insurance

The Contractor shall procure and shall maintain during the life of the contract Commercial General Liability (Bodily Injury and Property Damage) Insurance and Automobile (Vehicle) Liability Insurance coverage as specified below. The General Liability Policy shall also include products and Completed Operations Insurance in the same limits as the General Liability coverage as well as an endorsement providing Broad Form Contractual Liability coverage:

INSURANCE COVERAGE

a. Worker’s Compensation Statutory and

b. Employer’s Liability $100,000/500,000/100,000

Commercial General (Public) Liability insurance, including coverages listed below:

a. Each Occurrence: $1,000,000 and

b. General Aggregate: $2,000,000

1. Premises operations

2. Independent contractors

3. Products/completed operations

4. Personal injury

5. Advertising injury

6. Contractual liability

7. Medical payments

Comprehensive Automobile Liability Insurance, including coverage for loading and unloading hazards, for:

a. Owned/Leased vehicles

b. Non-owned vehicles

c. Hired vehicles

Combined single limit for bodily injury and property damage of $500,000 per occurrence or its equivalent.

4.5.3 Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance

The Contractor shall either (1) require each subcontractor to procure and to maintain during the life of his/her subcontract, Subcontractor’s Public Liability and Property Damage Insurance, and Vehicle Liability Insurance of the type and in the amounts specified or, (2) insure the activities in his/her policy as specified.

4.5.4 Additional Insureds

The Contractor shall provide in the Liability Policies of Insurance the Edwards Aquifer Authority as additional insured as it relates to this contract.

4.5.5 Scope of Insurance and Special Hazards

Insurance required under the above sections shall provide adequate protection for the Contractor and his/her subcontractors, respectively, against damage claims which may arise from operations under the contract, whether such operations be by the insured or by anyone directly or indirectly employed by him/her, and also against any of the special hazards which may be encountered in the performance of the contract, including explosions, collapse and underground hazards.

4.5.6 Proof of Insurance Coverage

The Contractor shall furnish the EAA with insurance certificates for him/her and his/her subcontractors showing the type, coverage, limits of liability, class of operations covered, effective dates, date of expiration of policies and name of insurance companies prior to beginning any work.

The attached Insurance Requirement Affidavit is required to be submitted along with the Proposal.

The Contractor must furnish the EAA with 30 days written notice by either certified mail or personal delivery should any of the above described policies change that materially affect the coverage or be cancelled prior to the expiration date. All notices shall be mailed to:

Ms. Shelly Hendrix Sr. Director/CFO of Finance Edwards Aquifer Authority

San Antonio, TX 78215

Strike the following language as indicated on the cancellation section of the certificate of insurance: “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL

ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER

NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO

OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR

REPRESENTATIVES.”]

INSURANCE REQUIREMENT AFFIDAVIT

To Be Completed By Appropriate Insurance Agent/Broker

I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the Edwards Aquifer Authority, I will be able to, within fifteen (15) days after being notified of such award, furnish a valid insurance certificate to the Authority meeting all of the requirements defined in this proposal.

Agent (Signature) Agent (Print)

Name of Agent/Broker: ________________________________________________

Address of Agent/Broker: ______________________________________________

City/State/Zip: _______________________________________________________

Agent/Broker Telephone #: ( ) ________________________________________

Date: _______________________________________________________________

CONTRACTOR’S NAME: _____________________________________________

(Print or Type)

NOTE TO AGENT/BROKER

If this time requirement is not met, the EAA has the right to reject this proposal and award the contract to another. If you have any questions concerning these requirements, please contact Ms.

Shelly Hendrix at (210) 222-2204.

A1-1

ATTACHMENT A1

EDWARDS AQUIFER AUTHORITY

PROPOSAL SUMMARY

EDWARDS AQUIFER HABITAT CONSERVATION PLAN MEDIA, OUTREACH, AND

NEWSLETTER COMMUNICATIONS

Offeror/Vendor Name: _________________________________________________

Please submit your proposal in accordance with one of the methods noted in Section 2.2 of this proposal document. Attach your proposal for Edwards Aquifer Habitat Conservation Plan Media, Outreach, and Newsletter Communications to this proposal summary document.

The following exceptions to the Specifications are noted:

Response to Commercial Questions and Statements

What is the current financial status and condition of the proposing entity?

How did you find out about this Request for Proposal?

(Newspaper, Bid-Net, State of Texas ESBD, Direct Notice, EAA Website or Other (Please Specify)).

The EAA reserves the right to request financial statements as needed.

Please mark one of the following:

_________ I agree with the terms and conditions of the contract form as contained in Attachment C to the proposal specifications.

_________ I do not agree with the terms and conditions of the attached contract form as contained in Attachment C to the proposal specifications.

A1-2

I would like to take exception to the following contract provisions and am proposing alternative contract language as follows:

The undersigned certifies that the information contained in this proposal has been carefully checked and is submitted as correct and that he/she is authorized to submit this proposal on behalf of the Offeror named below.

Signed: _____________________________________________________________________ Name

Printed Name

Title

Company

Address

Telephone No. Email Address

A2-1

ATTACHMENT A2

EDWARDS AQUIFER AUTHORITY

COST PROPOSAL SUMMARY

EDWARDS AQUIFER HABITAT CONSERVATION PLAN MEDIA, OUTREACH, AND

NEWSLETTER COMMUNICATIONS

Offeror/Vendor Name: ________________________________________________

Please submit with Attachment A1 in accordance with one of the methods noted in Section 2.2 of this proposal document.

The undersigned proposes to furnish the prices shown below in accordance with the specifications and the response attached hereto. It is expressly agreed that the EAA has the right to reject any or all proposals submitted if such action is deemed in its interest. The total cost is $________________, the breakdown of which is:

Task 1. Meetings and Administration $____________________________

Task 2. EAHCP and EAA Electronic Newsletters $____________________________

Task 3. ASR and VISPO Outreach $____________________________

Other ( ) $____________________________

*TOTAL $ ______

*Do not include sales tax in your cost proposal. If any other type of tax is added, please give full description of tax type.

The undersigned certifies that the prices contained in this proposal have been carefully checked and are submitted as correct and that he/she is authorized to submit this proposal on behalf of the Offeror named below.

Proposals offering less than 90 calendar days for acceptance by the EAA from the date set for opening will be considered nonresponsive and will be rejected.

Signed: ____________________________________________________________________ Name

Printed Name

Title

A2-2

Company

Address

Telephone No. Email Address

A3-1

ATTACHMENT A3

EDWARDS AQUIFER AUTHORITY

EDWARDS AQUIFER HABITAT CONSERVATION PLAN MEDIA, OUTREACH, AND NEWSLETTER COMMUNICATIONS

Line Item NIGP and Item Code Total number of certified MWBEs potentially available to perform work Source: SCTRCA and State of Texas Centralized Master Bidders List (CMBL) HUB Directory

1. Communications and Media Related Service 915-00 0

2. Editorial Services 915-27 71

3.

4.

5.

ATTACHMENT A4

Offeror Name: RFP No.:

A4-1

PROJECT SUBCONTRACTING PLAN

The EAA reviews any proposed contract with an estimated value of $50,000 or more to determine if subcontract opportunities are probable prior to the EAA’s solicitation of bids, proposals, offers or other applicable expressions of interests. Completion of this Project Subcontracting Plan and all applicable sections are required in order to be deemed responsive.

SECTION – 1

BACKGROUND

a. Offeror Phone:

b. Contractor

Representative Email:

c. RFP Number

d. Business Certification

Type ___MBE ___WBE ____Joint Venture ____Non-

M/WBE

e. Will portions of work be subcontracted?

__Yes (complete Section 2)

__No (complete Section 3)

f. Will subcontract opportunities be provided to M/WBEs?

__Yes (complete Section 2)

__No (complete Section 4)

SECTION – 2

SUBCONTRACTOR PARTICIPATION DECLARATION

Contingent upon award of the project stated above, _________________________________ [Offeror] commits to award subcontracts or purchase orders to the following vendors. LIST ALL SUBCONTRACTORS (if the vendor is a joint venture, provide the ownership interest of any M/WBE participation).

Subcontractor Cert.

Type

Cert.

Agency

Gender M/F

Ethnicity

Scope of Work

Subcontract Amount

% of Contract

*Minority-MO Woman-WO Non-M/WBE-NonMW ** S. Central TX Regional Certification Agency (SCTRCA), Historically Underutilized Business (HUB), Other ***African American-AA Native American-AI Asian American-AS Hispanic American-HI

Total Dollar value of subcontract work ÷ total dollar value of contract = _____% subcontracted

Total Dollar value of M/WBE subcontract work ÷ total dollar value of contract = _____% to M/WBEs

A4-2

SECTION – 3

SELF PERFORMANCE JUSTIFICATION

Complete this section if you responded “No” to SECTION 1, Item e.

a. Please explain HOW (or list the specific page(s)/sections of your proposal which explains how) your company will perform the entire contract with its own equipment, supplies, materials, and/or employees.

b. Please explain WHY your company will not subcontract any of the line items identified on the PROBABLE SUBCONTRACTING OPPORTUNITIES form in this solicitation.

Line Item

(Address each line item from

PROBABLE SUBCONTRACTING

OPPORTUNITIES form)

Reason not subcontracted

1.

2.

3.

4.

5.

6.

7.

8.

A4-3

SECTION – 4

GOOD FAITH EFFORTS

This section must be completed if you responded “No” to SECTION 1, Item F along with any documentation to detail your efforts to include M/WBEs in subcontracting opportunities.

Good faith efforts require that the Offeror demonstrate that it took all necessary and reasonable steps to notify M/WBEs of subcontracting opportunities by their scope, intensity, and appropriateness to assist the EAA in meeting its cumulative M/WBE goal.

The EAA has the responsibility to make a fair and reasonable judgment whether an offeror made adequate good faith efforts. Consideration to the quality, quantity, and intensity of the different kinds of efforts the Offeror has made will be evaluated for the best value for the EAA.

a. List the directory sources used to find M/WBEs for subcontracting opportunities.

Directory Hyperlink Was a Source Utilized?

South Central Texas Regional Certification Agency https://sctrca.sctrca.org/Fr ontEnd/VendorSearchPub lic.asp?TN=sctrca&XID=

Yes

No

State of Texas Centralized Master Bidders List (CMBL) HUB Directory https://mycpa.cpa.state.tx.

us/tpasscmblsearch/index.

jsp

Other:

Other:

b. List trade or professional organizations contacted for M/WBE outreach assistance.

A listing of Minority Trade Organizations can be found at:

http://www.edwardsaquifer.org/about/eaa/doing-business-with-the-eaa

Trade Organizations or Development Centers Date Notice sent (mm/dd/yyyy)

Was the Notice Accepted?

https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp http://www.edwardsaquifer.org/about/eaa/doing-business-with-the-eaa

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c. List M/WBEs you contacted to let them know about subcontracting opportunities on this project.

Company Name Date Notice sent

(mm/dd/yyyy)

M/WBE

Responded?

M/WBE

Selected?

d. Provide a brief reason why each responsive M/WBE in SECTION 4, item C above was not selected as a subcontractor on this project.

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SECTION – 5

AFFIRMATION

As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the PROJECT SUBCONTRACTING PLAN is true and correct. Respondent understands and agrees that, if awarded any portion of the contract:

The respondent must submit monthly Subcontractor Utilization Reports to the EAA (or its designated contracting agency), which includes the use of and expenditures made to its subcontractors (both M/WBEs and Non-M/WBEs).

The respondent must seek approval from the EAA prior to making any modifications to its PROJECT SUBCONTRACTING PLAN, including the hiring of additional or different subcontractor and the termination of a subcontractor the respondent identified in its PROJECT SUBCONTRACTING PLAN.

Signature Printed Name

Title Date

B-1

ATTACHMENT B1

CLIENT REFERENCE

For each reference, complete the following information:

Client Name: ___________________________________________________

Client Contact Name: ____________________________________________

Position: ______________________________________________________

Client Address: _________________________________________________

Client Telephone Number(s): ______________________________________

Date Contract Began: ____________________________________________

Description of Services: __________________________________________

Cost: _________________________________________________________

B-2

ATTACHMENT B2

Client Contact Name: ____________________________________________

Position: ______________________________________________________

Client Address: _________________________________________________

Client Telephone Number(s): ______________________________________

Date Contract Began: ____________________________________________

Description of Services: __________________________________________

B-3

ATTACHMENT B3

Client Contact Name: ____________________________________________

Position: ______________________________________________________

Client Address: _________________________________________________

Client Telephone Number(s): ______________________________________

Date Contract Began: ____________________________________________

Description of Services: __________________________________________

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ATTACHMENT C

FOR INFORMATIONAL PURPOSES ONLY

CONTRACT NO. XXX-XX-XXX

BETWEEN THE

EDWARDS AQUIFER AUTHORITY

AND

[Insert the CONTRACTOR’S NAME] FOR [Insert the NAME OF THE PROJECT]

This Contract is made and entered into by and between the EDWARDS AQUIFER

AUTHORITY (EAA), a political subdivision of the State of Texas, with its principal place of business located at 900 E. Quincy Street, San Antonio, Texas 78215, and [Insert the CONTRACTOR’S NAME] (Contractor), a [Insert the nature of the Contractor] with its principal place of business located at [Insert Contractor’s physical business address]. Each of these entities is, at times, referred to in this Contract individually as a "Party," and both are referred to collectively as "Parties."

RECITALS

WHEREAS, the EAA was created by the Edwards Aquifer Authority Act, Act of May 30, 1993, 73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws 2350, as amended (Act); and

WHEREAS, under Section 1.02 of the Act, the EAA is a conservation and reclamation district created by virtue of Article XVI, Section 59, Texas Constitution, and is a governmental agency and body politic and corporate vested with the full authority to exercise the powers and to perform the functions specified in the Act, and other applicable law; and

WHEREAS, under Section 1.08(a) of the Act, the EAA has all the powers, rights and privileges necessary to manage, conserve, preserve, and protect the Edwards Aquifer (Aquifer) and to increase the recharge of, and prevent the waste or pollution of water in, the Aquifer; and

WHEREAS, under Section 1.11(d)(2) of the Act, the EAA may enter into contracts; and

WHEREAS, the EAA Board of Directors (Board) approved this Contract on [Insert date], and authorized the EAA General Manager to execute the Contract; and

WHEREAS, [Insert basic description of the transaction]; and

WHEREAS, it is in the public interest that the EAA enter into this Contract.

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AGREEMENT

NOW THEREFORE, for and in consideration of the mutual promises and agreements set forth in this Contract, the sufficiency of which is hereby acknowledged, the EAA and the Contractor agree as follows:

ARTICLE I – TERM; DESCRIPTION OF WORK

Section 1.1. Term. This Contract is effective and commences on [Insert date] (Effective Date) and terminates on [Insert date] (Expiration Date).

Section 1.2. Services. Subject to the terms and conditions of this Contract, the EAA engages the Contractor to perform, for the benefit of the EAA, the work set forth and described in this Contract and in the following documents (Services) : (1) the Scope of Work which is attached hereto as Exhibit A; (2) the Task Budget which is attached hereto as Exhibit B; (3) the Labor Categories, Rates & Personnel Chart which is attached hereto as Exhibit C; and (4) [Add other Exhibits as needed]. The Contractor accepts such engagement and agrees to devote its best efforts and abilities, and furnish all necessary labor, machinery, equipment, tools, and transportation necessary in furtherance thereof.

Section 1.3. Commencement and Completion of Services. The Contractor will commence performing the Services immediately upon the date of receipt of the written notice to proceed issued by the EAA’s General Manager. All Services will be completed and delivered to the EAA by the Expiration Date and shall be completed in compliance with the schedules, budgets, descriptions and specifications contained herein and in the Exhibits attached hereto. It shall be the Contractor’s responsibility to ensure that the completion times for the Services are met. [[Add if applicable: “At the sole option of the EAA, this Contract may be renewed and extended for up to [Insert number] periods of one additional year each, with such election made by the EAA giving the Contractor written notice to renew and extend this Contract prior to the end of the then Contract period.”]] Time is of the essence in the performance of this Contract.

ARTICLE II – AMENDMENTS

Section 2.1. This Contract may be amended only by written agreement of the Parties.

Section 2.2. Amendments by the General Manager. The Board delegates the authority to the General Manager to enter into amendments to this Contract without further authorization by the Board consistent with the General Manager’s authority to enter into contracts under Section

5.01 of the EAA’s Bylaws.

ARTICLE III – COMPENSATION

Section 3.1. Fees and Expenses. The EAA agrees to pay the Contractor for the Services rendered in accordance with the Scope of Work, Task Budget, and Labor Categories, Rates & Personnel Chart, but in no event shall payments to the Contractor exceed $_______________. The Contractor may not exceed this amount and will be responsible for the payment of all of its other

C3 additional costs and expenses. The Contractor is not authorized to expend any additional funds in excess of this amount without the prior written approval from the EAA. The EAA will not be held accountable for any unauthorized work performed or funds expended by the Contractor in providing the Services.

Section 3.2. Payment. All “invoice packets” from the Contractor to the EAA for the Services for each previous month’s activities shall be sent no later than the 15th day of each month beginning [insert date] ___________, and shall provide an itemization of the Services rendered, costs and expenses incurred during the billing cycle. Documentation in the invoice packet must be sufficiently itemized and detailed and include invoices and/or receipts for all purchases and expenses (summary credit card charge receipts are not acceptable), which allows the EAA to clearly discern purchases made. Purchases and expenses documented with lost receipt forms are not eligible for reimbursement. Receipts without purchase details or that are not legible are not acceptable at any time. Alcohol purchases will NOT be reimbursed under any circumstances.

Mileage will be reimbursed at the current IRS approved rate, if submitted. [For EAHCP contracts or other contracts as appropriate: Each invoice packet shall contain, at a minimum a progress report containing: (1) a description of the work completed in each task in the Scope of Work during the billing cycle, (2) a monthly update of the work schedule as it relates to achievement of the deliverables, (3) an estimate of the percent completion of each task in the Scope of Work, and (4) a discussion of any issues or problems that may result in a change in the deliverable due date; and a certified invoice summary sheet.] The monthly invoice packet will be submitted electronically in Adobe Acrobat (pdf) format via email to the [insert EAA title]_________ at [insert email address]___________ and accounting@edwardsaquifer.org. If the Contractor utilizes subcontractors (see Article V), the Contractor shall submit a Subcontractor Utilization Report with each invoice submitted to the EAA for payment. The terms of each invoice shall be net thirty (30) days upon EAA receipt and approval of that invoice.

ARTICLE IV – INDEPENDENT CONTRACTOR

Section 4.1. No Employment Relationship. The Parties understand and agree that this Contract does not create a fiduciary relationship between them, that they are separate entities, that the Contractor is an independent contractor with respect to the performance of the Services and is not subject to the direct or continuous control or supervision of the EAA, and that nothing in this Contract is intended to make either Party a subsidiary, joint venturer, partner, employee, agent, servant or representative of the other Party for any purpose whatsoever. The Contractor shall provide any and all equipment, materials and personnel necessary for the performance of the Services. The EAA shall have no right of direction or control of the Contractor, or its employees, agents, or subcontractors, except in the results to be obtained, and in a general right to order the performance of the Services to start or stop as agreed to herein, to inspect the progress of the Services, and to receive reports. The Contractor shall accommodate reasonable requests from the EAA to allow EAA employees, agents or representatives to accompany and observe Contractor personnel, agents, and subcontractors in carrying out the Services.

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ARTICLE V – CONTRACTOR PERSONNEL AND SUBCONTRACTORS

Section 5.1. Personnel. The Contractor will provide any and all personnel necessary for its performance of the Services. The Contractor will be responsible for its employees and agents in all respects, including, without limitation, their compliance with applicable laws and their safety, including without limitation, all Occupational Safety and Health Administration (OSHA) standards, requirements, and regulations. The Contractor indemnifies and holds harmless the EAA, and its directors, officers, employees, and agents, from and against any claims brought by any employee, subcontractor or other agent of the Contractor relating in any way to the Services.

Section 5.2. Subcontractors. In performing the Services, the Contractor may retain and utilize as its subcontractors, those individuals identified to and approved in writing by the EAA.

The EAA, in consultation with the Contractor, shall have the right to terminate, limit, or alter, at any time, the participation of any approved subcontractor utilized by the Contractor. No additional subcontractors may be retained by the Contractor to perform any Services without the prior written consent of the EAA. The Contractor will be responsible for its subcontractors in all respects including their compliance with applicable laws and their safety, including without limitation, all OSHA standards, requirements, and regulations.

APPROVED SUBCONSTRACTOR(S):

Subcontracting services may be provided by:

• [insert name of subcontractor(s) or “if none”, delete this section]

ARTICLE VI – TERMINATION

Section 6.1. Termination. The EAA may terminate this Contract at any time, including at the expiration of each budget or payment period during the term of this Contract, with or without cause, upon ten (10) days’ prior written notice to the Contractor. Upon receipt of such termination notice, the Contractor shall immediately stop all work in progress, including all work performed by its employees, agents, or subcontractors. Insofar as possible, all work in progress will be brought to a logical termination point. Within thirty (30) days of the final invoice following termination, the EAA shall pay the Contractor all moneys then due and owing for the Services rendered, costs and expenses reasonably incurred up to the time of termination.

ARTICLE VII – OWNERSHIP OF MATERIALS

Section 7.1. Ownership. All information, documents, property, or materials produced, created, or supplied under this Contract by the Contractor, its employees, agents, or subcontractors or anyone else, and whether finished or unfinished or in draft or final form, will be the property of the EAA. The EAA shall have unlimited rights to technical and other data resulting directly from the performance of the Services.

Section 7.2. Delivery of Documents upon Termination. Upon expiration or termination of this Contract under Sections 1.1 or 6.1, the Contractor will promptly deliver to the EAA all information, documents, property and materials not already in the possession of the EAA.

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Section 7.3. Nondisclosure of Documents. The information, documents, property, or materials produced, created or supplied under this Contract by the Contractor, including preliminary technical reports and studies, shall not be disclosed by the Contractor to any third-party without the prior written consent of the EAA. The Contractor shall immediately advise the EAA of any requests for any such information, document, property, or materials by a third-party.

The unauthorized disclosure of such information, documents, property, or materials in violation of this section shall, in the sole judgment of the EAA, constitute a breach of this Contract and shall be subject to all applicable remedies at law or equity.

Section 7.4. Record Copies. The Contractor shall retain a record copy of all information, documents, property, or materials developed in the course of performing the Services. Upon request of the EAA, such information, documents, property, or materials will be promptly supplied to the EAA, including after the Expiration Date or the termination of this Contract under Section

6.1. The EAA will reimburse the Contractor for actual cost of time and expenses of reproduction of such materials when requested.

ARTICLE VIII – NON-PERFORMANCE

Section 8.1. The Contractor warrants that it will perform all Services in a good and workmanlike manner, strictly in accordance with the standards of the Contractor’s profession, the Scope of Work, and as otherwise provided in this Contract and the Exhibits hereto. The Contractor’s failure to timely perform the Services as warranted and agreed shall constitute a breach of this Contract and shall be subject to all applicable remedies at law or equity.