RFP 2026-P16 Tax Assessor-Collector, Credit Card Processing Services Page 1 of 47

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

1901 Dutton Dr., Suite E San Marcos, Texas 78666

Solicitation No.:

RFP 2026-P16 Tax Assessor-Collector, Credit Card

Processing Services Date Issued: June 11, 2026

SOLICITATION

Vendors must submit bids 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 July 6, 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

June 24, 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. RFP Submittal Checklist

II. Summary

III. Specifications

A. Introduction

B. Background Information

C. Scope of Work

D. Cost Proposal

E. Evaluation Criteria

F. Submittal Requirements & Limitations

G. Award of Contract

H. Warranty of Performance

IV. General Terms and Conditions for Solicitations

V. Vendor Reference Form

VI. Certificate of Interested Parties

VII. Conflict of Interest 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: Questionnaire Attachment B: Cost Proposal

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I. RFP Submittal Checklist

This checklist is provided for the Vendor’s convenience and identifies documents that MUST be submitted for the bid/proposal 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 to be considered responsive:

____ 1. Proposal

____ 2. Attachment A: Questionnaire

____ 3. Attachment B: Cost Proposal

____ 4. Any addenda applicable to this solicitation

____ 5. Conflict of interest Disclosure & Questionnaire

____ 6. Related Party Disclosure Form

____ 7. Solicitation, Offer and Award Form

____ 8. Vendor Reference Form

Required Forms by Hays County:

____ 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, by the stated 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, 1901 Dutton Dr., Suite E, 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, 1901 Dutton Dr., Suite E, San Marcos, TX 78666 http://www.sam.gov/

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II. Summary

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

2. Solicitation Number: RFP 2026-P16

Tax Assessor-Collector, Credit Card Processing Services

3. Issuing Office: Hays County Purchasing Office

1901 Dutton Drive, Suite E 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:

July 6, 2026; 10:00 a.m. Central Time (CT)

6. Initial Contract Term: September 2026 – August 2028

7. Optional Terms Four (4): Two-year renewals

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 June 24, 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 RFP, 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 RFP and 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.

mailto:purchasing.bids@hayscountytx.gov

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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 June 11, 2026 Issuance of RFP Juen 24, 2026 Deadline for Submission of Questions (5:00 PM CT) July 6, 2026 Deadline for Submission of Proposals (10:00 AM CT)

Late proposals will not be accepted.

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

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III. Specifications A. Introduction

Hays County (“County”, “Owner”) is seeking proposals from interested firms (“Respondent”) for Electronic Payment Processing. The selected vendor will provide the County Tax Assessor-Collector’s Office with a comprehensive program of payment processing services that serve the Tax Assessor- Collector's current and anticipated needs. The Hays County Tax Assessor-Collector collects property tax, motor vehicle sales tax and fees, vehicle inventory tax, court costs, and other fees for the County. The County intends to coordinate with the selected vendor to provide payment processes to support collection of these payments. The selected vendor is expected to work with the Tax Assessor-Collector, Hays County Information Technology staff, Tyler Technologies, and Texas Department of Motor Vehicles to meet the needs of the Tax Assessor-Collector and the customer. This service is provided at no cost to the County, only users of the service (taxpayers) pay for the service at the time of use.

B. Background Information Current Payment Processors: GOVPay The Tax Assessor-Collector currently uses point-of-sale swipes, computers, and phone for payments at the following locations, and currently accepts MasterCard, Visa, Discover, and American Express.

Current Equipment & Software:

The Tax Assessor-Collector is using the following software applications to allow customers to pay their bills and registrations over the internet with a accredit card and for the point-of-sale transactions:

• Property Tax Software: Tyler ERP, updating to Appraisal and Collection Technologies, LLC.

• DMV Software: no database, but needs to interact with TxDMV and the RTS System

Tax Office Locations:

Location Number of Readers Transactions Sales Volume Dripping Springs 3 8,209 $2,414,619.69 Kyle 6 19,384 $4,389,034.01 San Marcos 12 18,205 $3,799,839.30 Wimberley 2 3,527 $994,470.40 Online Property Tax 0 25,659 $28,873,373.86

C. Scope of Work

The County seeks responses from qualified firms who can provide analysis, technology, and services to efficiently process and reconcile a variety of electronic payments, such as credit cards, debit cards, eChecks, and online payments. The respondent shall provide all necessary equipment and services for processing payments by credit card and electronic check processing, including an interactive voice option for transactions received by phone, in person, and over the internet through Appraisal and Collection Technologies, LLC customer service portal. The County reserves the right to add or remove software systems at any period during the contract term at no additional cost to the County.

1. Functional Services:

Services to be provided include, but are not limited to, the following:

a. The systems (or programs) proposed must be able to authenticate the cardholder and use the current compliance standards to authorize and capture the transaction and be compatible with any future technology required by the credit card industry.

b. The system proposed must be able to utilize electronic check conversion for internet payments.

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c. The respondent must provide payment, settlement, and refunding services.

d. The respondent must be Cardholder Information Security Program (CISP), Payment Card

Industry (PCI), and Data Security Standard (DSS) compliant.

e. It is required that the vendor be in compliance with legal mandates for processing Debit, Credit Card and E-Check payments. Please verify your company meets this requirement, list and describe any certifications which your company has been granted and advise how the certifications relate to legal requirements.

f. Vendor must comply with all Payment Card Industry Data Security Standards (PCI DSS), in handling, storage, processing, and/or transmission of cardholder data, and be able to demonstrate compliance to Hays County upon request.

g. The respondent must be able to post payments to multiple merchant ID’s.

h. The respondent must be able to provide a backup web solution to take payments if the primary access is down.

i. The respondent must deposit gross payments in the County’s bank account daily.

j. The respondent must provide online daily transaction and account reconciliation reports with multiple sorting options.

k. The respondent must provide a software or internet-based point-of-sale. The system should allow the County to run transaction reports during the business day without interrupting the ability of the point-of-sale system to process transactions.

l. Software and internet applications must be compatible with the County’s Software and provide solutions for other software including but not limited to TxDMV and RTS System.

m. If an integrated solution for all software as mentioned above cannot be provided, please propose an alternate solution and the cost associated with the alternate solution.

Credit Card Payments:

• It is required that the solution be capable of accepting the credit cards Visa, Mastercard, American Express and Discover. Please verify that you are able to provide this service, and list any additional cards you may accept.

• It is required that the solution be capable of providing real time authorization and commitment (encumbrance) of funds. Please verify that you can provide this service and outline any exceptions if they exist.

Debit Card Payments:

• It is required that the solution be capable of accepting a debit card for payment of property taxes. Please verify you can provide this service and outline any exceptions if they exist.

• It is required that the solution be capable of providing real time authorization and commitment (encumbrance) of funds. Please verify that you can provide this service and outline any exceptions if they exist.

Payment Parameters:

• It is required that the solution be capable of applying flexible parameters to force certain restrictions on what the taxpayer can remit. To further clarify this, the current solution restricts payments to either exact half or full amount of property taxes due. Please advise if you can customize payment parameters, provide a description of how your solution would accommodate this, and outline any exceptions if they exist.

• It is required that parameters such as double-blind entry be in place for critical fields (e.g.

account number, routing number) on the data entry site. Please verify you can provide this

RFP 2026-P16 Tax Assessor-Collector, Credit Card Processing Services Page 8 of 47 service and describe what you would recommend ensuring the taxpayer has the least risk of a failed transaction.

• It is required that the vendor take steps to avoid duplicate payments by a taxpayer. Please reply to verify that you can provide this service, provide a description of how your solution would accommodate this, and outline any exceptions if they exist.

Point of Sale:

• It is desired that the proposed solution has point of sale capabilities (e.g. card readers attached to County cashiering stations. Please advise if you can provide this service and describe what you would propose. Please address any hardware or software requirements of Pierce County, including costs if any apply

• The County is interested in exploring the use of kiosks for electronic payments. Please advise if you can provide this service and describe what you would propose. Please address any hardware or software requirements of Hays County, including costs if any apply.

2. Customer & Client Service

Client Services:

a. It is required that client services staff be available to Hays County staff between the hours of

7:30 AM (CST) to 5:30 PM (CST), Monday through Friday.

b. It is required that response times for financial, transaction, and technology issues be same day (within 24hours).

Customer Services:

a. A confirmation number at the end of an approved telephone payment. If the payment is declined, provide a message that indicates the cause for the decline.

b. A confirmation number for an approved internet payment. If the payment is decline, provide a message that indicates the cause for the decline.

c. An email that is immediately sent to a customer for internet payments indicating whether his/her payment has been approved or declined. Cardholder information and date regarding the charge shall be included in the email for receipt purposes.

d. A breakout of any convenience fees for reporting to customer whether transactions is over the phone, in person, or via the web portal.

e. The ability to reprint a credit card receipt for over-the-counter transactions if requested by customer.

3. Reporting Capabilities & Statements

a. It is required that all funds are FDIC insured in transit to the County.

b. The County reconciles credit card transactions daily. Transactions must be available to easily download into Microsoft Excel from the merchant bank daily. At a minimum, this should include the merchant ID, transaction date, amount, card number, and customer name.

c. Monthly statements must be available for download via the internet and/or received by the following offices by the 5th calendar day of the following month:

• Hays County Auditor’s Office, Accounts Payable, 712 S. Stagecoach Trail, Ste. 1094, San Marcos, TX 78666

• Hays County Tax Assessor-Collector, 712 S. Stagecoach Trail, Ste. 1120, San Marcos, TX 78666

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• Hays County Treasurer’s Office, 712 S. Stagecoach Trail, Ste. 1094, San Marcos, TX 78666

d. Each Tax Assessor-Collector’s locations should have an individual statement of activity and charges, and a statement that summarizes all the departments.

e. Retrieval and Chargebacks

• Please describe the process you propose to process charge backs and refunds of failed transactions where the funds have been remitted to Hays County before notice is received by you of the charge back or failure.

• Specify your retrieval compliance timeframes for each transaction type. i.e., void, e-check, debit card, credit card, etc.

• Specify how the County would be informed when a charge-back is posted.

f. Reporting

• The County requires that all transaction data be available online. Explain your reporting process.

• Describe the ways in which the reporting cycle can be customized.

• Describe all management and accounting reports.

• Provide samples of all customer account management reports.

• Specify if the reports are available electronically and how they would be delivered

(file format).

• Specify if monthly statements are available online and by location.

g. Monthly Statements

• Provide a copy of your monthly statement with sample transactions. The statement(s) must provide the following by location and in total:

• Monthly summary showing total number of sales, amount of sales, total number of credits, amount of credits, net sales, and average sale price.

• Daily transaction detail showing total number of sales, amount of sales and credits, and deposit for each day.

• Merchant processor discount fee.

• Other fees should be itemized according to the rate categories for MasterCard, Visa, Discover, and American Express.

4. Designated Merchant Card Personnel

a. Upon selection, the merchant card processor shall designate one account officer with authority and responsibility for the County’s entire account. The designee shall be responsible for training and communicating the terms of this contract to all of its employees.

b. This designated account officer shall also have responsibility for ongoing review and oversight of the County’s transactions. This manager should provide the County with timely reports of heightened transaction “downgrades” resulting in higher rates/fees, along with recommendations to County management for improving related County processes and methodology to positively impact the resultant electronic interchange reimbursement fee.

5. Integration It is required that the solution can integrate with Hays County’s new WEB system (Appraisal and Collection Technologies, Inc.) to allow user to access parcel account information prior to connecting with the payment system.

6. Security TSL (Transport Layer Security); SSL (Secure Sockets Layer Security):

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Pierce County requires that the vendor provide a secure on-line environment for e-payment transactions. The commonly accepted encryption methods are SSL, and more recently TSL. Please describe what security measures you use for your website and how you would propose to keep Pierce County taxpayers’ sensitive information safe and secure

Facility Security:

a. Network Security: It is required that adequate network security be in place that restricts access, and protects the financial numbers provided by the taxpayer to allow for processing of their payment. Please verify your solution meets this requirement and describe what network access controls are in place.

b. Physical Security: It is required that adequate building security be in place that restricts access, and protects the financial numbers provided by the taxpayer to allow for processing of their payment. Please verify your solution meets this requirement and describe what building access controls are in place

Describe security measures and disaster recovery plan, including but not limited to the following:

a. Outline the security measures in place for the protection of data transmitted for processing.

b. Describe security measures used to prevent unauthorized user access to either the system or data.

c. Describe your backup and/or redundant systems. Provide a backup web solution to take credit card payments.

d. Provide your disaster recovery plan should a catastrophic event occur.

e. Describe your ability to assist the County with PCI Compliance issues.

f. Vendor must have a secure firewall.

7. Agreements

Include all required agreements and contracts regarding this RFP with your proposal, including MasterCard, Visa, Discover, and American Express, etc. agreements. It is the intent of the County to standardize the service/handling fees in each of the credit card agreements, if possible.

D. Cost Proposal

• Attachment B identifies three categories of fees: Set up and Integration Fees, Transaction Fees, and Other Fees and Charges.

• Specify the markup rate proposer charges in addition to the interchange rates (“interchange plus” model), along with any additional transaction fees.

• Detailed pricing is requested for credit and debit card processing charges and electronic check conversion. The County prefers a simplified discount pricing structure. Proposals reflecting additional “billback” or “enhanced billback” fees may be subject to rejection without consideration.

• The fees and charges presented shall remain firm for the original term of agreement with the following exceptions that shall be adjusted to reflect:

Additional discounts available for increased volume.

Increases or decreases in all applicable rates, fees and assessments established and levied by MasterCard, Visa, Discover, and American Express etc. against all merchant service providers.

Increases in applicable taxes levied by any State, Federal, or Local authority related to the delivery of the services provided by the merchant services provider.

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• Respondent will notify the County thirty (30) days prior to the effective date of any change of the non-guaranteed conditions, exclusions, or service fee increases or decreases.

• All rates and fees must be listed and describe how and when the fees apply. The County will not be responsible for paying any fees not specifically listed.

E. Qualifications

The following minimum requirements must be demonstrated in order for the submission to be considered responsive to Hays County.

REFERENCES: Hays County requires respondent to supply with the proposal, a list of at least three (3) references where like services have been supplied by their organization for an entity of similar size within the last five (5) years.

• Include name of company, address, telephone number and name of representative.

• Include project name, project type, costs, scheduled completion and actual completion.

RESPONSIBILITY: 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

• Have a satisfactory record of integrity and ethics

• Have a satisfactory safety record and safety policies

• 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.

F. 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 and addenda from Hays County, see RFP Submittal

Checklist, and personnel resumes)

Items that count towards the 30-page limit

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• Profile & Experience of the Organization Organization information shall include: Organization legal name of the respondent, principal place of business, number of years in business, and description of organization including identification of number of staff dedicated to the project.

Provide a copy of the latest Audited Financial Report.

Narrative of the organization's experience in providing the services described in the scope of work to public sector entities comparably in size and project scope.

Describe any other facets of your organization and your organization’s experience that are relevant to this proposal that have not been previously described or which you feel would distinguish your firm from other firms submitting proposals.

List any judgement, claims, arbitration proceedings, or suits filed or outstanding against your organization or its officers for the last 5 years.

• Key Personnel Provide resumes of all individuals associated with the organization, their title, and how long they have served the organization.

Provide an organizational chart containing the names, telephone numbers and email address of the individuals associates with the organization.

• Capacity to Perform

Provide a detailed work plan for accomplishing the work and services to be provided to the County.

Work plan must describe the firm’s methodology, including a detailed project plan and time frames from the award date to implementation, including conversion, new customer training, account set up, testing, and support. Include any technology requirements.

Work plan shall clearly distinguish the firm’s duties and responsibilities and those of the County. Absence of this distinction shall mean the firm is assuming full responsibility for all tasks.

If the successful firm provides a solution that differs from that currently in use by the County, specify the steps and procedures that will be put in place to ensure there is no interruption of service during the transition.

Describe your help desk/customer service and other support functions, including, but not limited to the size of staff and expertise, hours of operation during regular office hours and after-hours support, response time for system, and equipment failures and inquiries.

Describe the reconciliation and remediation procedures.

Reporting Capabilities

• Questionnaire (Attachment A)

• Cost Proposal (Attachment B)

Provide a detailed fee schedule for discount fees and all other charges and expenses.

Include any applicable gateway fees, set up fees, monthly account fees, transaction fees for processing, interchange fees, risk assessment fees, and reporting all transactions.

Specify all other fees and charges, included, but not limited to, implementation and conversion costs, chargebacks, voice and offline authorizations, etc.

Specify differences in discount rates and fees for each type of card and each type of transaction, i.e.: debit vs. credit; point-of-sale terminal transaction vs. phone transaction

vs. internet transaction.

Specify all applicable fees associated with electronic check conversion, including but not limited to set up fees, monthly access fees, per ACH transaction fees, ACH per item return fees.

Fees not specifically listed will not be allowed.

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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.

Any data that is to be considered confidential in nature must be clearly marked as such and will be treated as confidential by Hays County only to the extent allowable by the Texas Public Information Act, Texas Government Code, Chapter 552.001, et seq. Information not so marked shall be deemed “contracting information” and subject to disclosure upon request in accordance with the Texas Public Information act, Texas Government ode Chapter 552.

G. Evaluation Criteria Per Texas Government Code, Chapter 2269.254, 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 below criteria.

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.

Interview (optional) Ranking

H. Submittal Requirements & Limitations The Company must deliver their proposal to the Hays County Purchasing Office by one of the following methods by the specified deadline. Electronic and hard copy submission shall be an exact duplicate.

Evaluation Criteria Maximum Score Points

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

Cost Proposal: based on total contract cost.

(Formula: lowest price/proposal being reviewed * 20)

20 20 = Significantly Exceeds Requirements 16 = Exceeds Requirements 12 = Meets ALL Requirements 8 = Marginally Meets Requirements 4 = Does not meet Requirements

Profile and Experience of the Organization

20 20 = Significantly Exceeds Requirements 16 = Exceeds Requirements 12 = Meets ALL Requirements 8 = Marginally Meets Requirements 4 = Does not meet Requirements

Capacity to Perform 60 60 = Significantly Exceeds Requirements 48 = Exceeds Requirements 36 = Meets ALL Requirements 24 = Marginally Meets Requirements 12 = Does not meet Requirements

Total Evaluation Points 100

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Mailed or Dropped off Proposals:

• One (1) original proposal with required forms manually or electronically signed by the authorized representative for the respondent

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

Electronic Proposals:

• Upload proposal as one (1) file with required forms manually signed by the respondent.

(through BidNet Direct)

• One (1) original proposal with required forms manually or electronically signed by the authorized representative for the respondent, delivered to the Hays County Purchasing Office.

Either the original or Electronic Bid (through BidNet Direct) MUST be received by the due date and time to be considered responsive. Physical copy should be received in the Hays County Purchasing Office within 24 hours of proposal due date.

LATE SUBMITTALS WILL NOT BE ACCEPTED.

PUBLIC OPENING: A public opening will occur on the due date and time all proposals are due in the Hays County Purchasing Office. At the public opening, there will be no disclosure of contents to competing firms, and all proposals will be kept confidential during the negotiation process. Except for trade secrets and confidential information which the firm identifies as proprietary, all proposals will be open for public inspection after the contract award.

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.

FORMS: All proposals must be submitted on the forms provided in this solicitation document. Changes to solicitation forms made by respondents may 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 proposals and has knowledge of the scope of the quality of services to be furnished and intends to adhere to the provisions described herein.

RIGHT TO ACCEPT OR REJECT: The County reserves the right to accept or reject any or all submissions as a result of this RFP, to negotiate with all qualified sources, or to cancel in part or its entirety if found to be in the best interest 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.

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 vendors selected to provide the services requested in this RFP. The County reserves the right to authorize contract negotiations to begin without further discussion with vendors 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.

Respondent’s Obligation Regarding Evaluation

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a. SUBMISSION OF INFORMATION. Respondents are cautioned that it is each respondent’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 respondent to submit such information may cause an adverse impact on the evaluation of the specific proposal.

b. RESPONDENTS REVIEW OF RFP. Responders are responsible for examining and being familiar with all specifications, terms, conditions, provisions, and instructions of the RFP and their responses. Failure to do so will be at the respondent’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:

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

b. extend the RFP closing time and date.

c. reissue this RFP in a different form or context.

d. procure any item by other allowable means.

e. 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.

f. investigate the qualifications of any respondent under consideration and require confirmation of information furnished by a respondent.

g. require additional information from a respondent concerning contents of its RFP submittal and/or require additional evidence of qualifications.

h. 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.

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

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

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

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

m. 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 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.

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

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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.

I. Award of Contract BASIS OF AWARD. The County reserves the right to accept in part or in whole any proposals submitted and waive any technicalities for the best interest of the County.

The proposal award shall be based on but not necessarily limited to, the following factors:

• Special needs and requirements of Hays County

• Vendors past performance record with Hays County

• Hays County’s evaluation of vendor’s ability to perform

• Vendor’s references

CONTRACT: This proposal, when properly accepted by Hays County shall constitute a contract equally binding between the successful bidder and Hays County. No negotiations, decisions, or actions shall be initiated or executed by any vendor as a result of any discussions with any County employee. Only those communications that are in writing from the Purchasing Agent shall be considered as a duly authorized expression on behalf of the County. No oral agreements either expressed or implied will be considered in fulfilling this contract. No additional terms will become part of this contract with the exception of Commissioners Court approved change orders.

J. 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 respondent, 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 breach. Failure to take corrective action or to provide a satisfactory written reply excusing such failure within the prescribed ten (10) days will authorize the County to terminate this agreement by written notice.

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 Proposal (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. "Purchasing Agent" means the Hays County Purchasing Agent.

i. “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 712 S Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

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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…