ESBD_531524_1782415070020_RFP 2026-P15 Hays County Sportplex League Provider and Operator - Corrected.pdf

RFP 2026-P15 Hays County Sportsplex League Provider and Operator Page 1 of 45

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

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

Solicitation No.:

RFP 2026-P15 Hays County Sportsplex

League Provider and Operator Date Issued: June 25, 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 20, 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

July 9, 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. Scope of Work

C. Qualifications

D. Proposal Requirements

E. Evaluation Criteria

F. Submittal Requirements

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 & Licensing Certification

XIII. Vendor/Bidder’s Affirmation

XIV. Federal Affirmations and Solicitation Acceptance

XV. Related Party Disclosure Form

Attachment A: Revenue Procedure 2017-13 Attachment B: Survey and Location Map

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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. Solicitation, Offer and Award Form

____ 2. Vendor Reference Form

____ 3. Conflict of Interest Disclosure & Questionnaire

____ 4. Related Party Disclosure Form

____ 5. Any addenda applicable to this solicitation

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/SOQ, by the due date by one of the following methods:

____ 1. Electronic Submission of Bid Packet through BidNet Direct and one (1) hard copy delivered, within 24 hours of proposal due date, in a sealed envelope with the Solicitation Number and Vendor’s name on the outermost envelope addressed to: Hays County Purchasing, 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-P15

Hays County Sportsplex League Provider and Operator

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. Facility Tour Wednesday, July 8 @ 9:00 AM (CST)

2880 Goforth Road, Kyle Attendance is not mandatory but highly encouraged to familiarize yourself with the complex and location.

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

July 20, 2026; 10:00 a.m. Central Time (CT)

7. Initial Contract Term: August 2026 – July 2036

8. Optional Terms Renewal options will be negotiated during contract execution, but the total term of the contract, including all renewal options cannot exceed a total of 30 years.

9. Designated Contact: Hays County Purchasing

Email: purchasing.bids@hayscountytx.gov

10. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than July 9, 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 mailto:purchasing.bids@hayscountytx.gov

RFP 2026-P15 Hays County Sportsplex League Provider and Operator Page 5 of 45 posted in accordance with this paragraph. Respondents should not rely upon any other sources of written or oral responses to inquiries.

11. 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.

12. 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.

13. 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 25, 2026 Issuance of RFP July 8, 2026 Facility Tour @ 9:00 AM (CST) July 9, 2026 Deadline for Submission of Questions (5:00 PM CT) July 20, 2026 Deadline for Submission of Proposals (10:00 AM CT)

Late proposals will not be accepted.

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

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III. Specifications A. Introduction

Hays County (“County”) is seeking proposals from qualified sports facility league providers and operators (“operator”) to program, manage, and maintain the Hays County Sportsplex (“Sportsplex”) located at 2880 Goforth Road, Kyle, Texas. The awarded organization will be responsible for the day-to-day maintenance and continual upkeep of the facilities and supplies, as well as be allowed to offer camps, tournaments, sport-specific instructional programs and clinics, etc. so long as they are being utilized in a format generally accessible to all youth with minimal restrictions.

B. Background Hays County owns an 18+ acre park located at 2880 Goforth Road in Kyle. The complex features four (4) baseball fields, one (1) softball field, two fields that are multi-purpose that can be used as rectangle fields, as well as a basketball court. The Sportsplex features two buildings, bathrooms, and bleachers located on the football/soccer.

Hays County has made the following improvements to the Hays County Sportsplex:

• Electrical – all light fixtures replaced on all fields, all lighting controls on each field with digital timeclocks and manual bypass switch, replaced wiring, conduit, and receptacles on all scorekeeper boxes on all fields, replaced all lights and plugs in the concession stand and bathrooms, bringing all electrical up to code, and labeled and upgraded the panel schedule.

• HVAC – Install a new HVAC unit

• Plumbing – Installed new water line from meter to each ball field and concession stand, compete renovations of men’s and women’s restrooms, and installed new water heater in the concession stand.

• Concession stands (2) – complete interior and exterior renovations.

• Fencing – Installed a perimeter fence around the property and installed a front manual rolling gate.

• Sidewalks, and parking lot were replaced and expanded.

Hays County has identified the following needed repairs and has received Commissioners Court approval to start with the repairs:

• Septic Repairs

• Field Renovations – Renovation includes dugout, backstop, bases, foul poles, lines chalked, straight netting, full artificial turf field.

Field 1, 12 years old and up Field 4, T-Ball & Coach Pitch

• Batting Cages

• Clean up and removal of large stumps, rocks, damage concrete, etc. any items the County deems as a safety hazard.

Hays County has identified the following as anticipated repairs over the next 1-2 years, if funding allows:

• Field 2, Field 3, & Field 5 Renovations

• Football & Soccer Field Renovations

• Basketball Court renovation

C. Revenue Procedure 2017-13 (Attachment A) - Qualified Management Contract

Due to the renovations of the Sportsplex being funded with tax-exempt municipal bonds, management of the Sportsplex must be operated pursuant to a qualified management contract in accordance with the conditions set forth in Revenue Procedure 2017-13 (Attachment A). Compliance with Revenue Procedure 2017-13 is a mandatory requirement of any contract awarded pursuant to this RFP. See

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Revenue Procedure 2017-13 (Attachment A) for a complete list of the conditions required for a qualified management contract involving tax-exempt bond-financed facilities.

• Payments to the operator for management services must be reasonable compensation for the services rendered.

• Compensation to the operator cannot be based on a share of net profits from the operation of the facility.

• The operator will not be responsible for bearing any share of net losses from the operation of the facility.

• The payment structure will be determined in accordance with Revenue Procedure 2017-13.

• The term of the contract, including all renewal options, cannot exceed the lesser of 30 years or

80 percent of the reasonably expected economic life of the facility.

• The County must maintain a significant degree of control over the facility, including approval of annual budgets, capital expenditures, rates to be charged for use of the facility, and the general nature and type of use of the facility.

• The County must bear risk of loss with respect to the facility.

• The operator will not be entitled to take any depreciation, investment tax credit, deduction for payment of rent, or any other tax position inconsistent with the operator’s position as a service provider to the County.

By submitting a proposal in response to this RFP, the respondent certifies that is has reviewed Revenue Procedure 2017-13 (Attachment A) and agrees that nay contract resulting from this RFP will be structures and performed in compliance with the applicable requirements of Revenue Procedure 2017- 13 necessary to preserve the tax-exempt status of the County’s bonds.

D. Scope of Work

The operator is responsible for the day-to-day maintenance and continual upkeep of the facilities and supplies. All programs and activities offered at the Sportsplex must be open to the public to serve a public purpose. Proposals must provide a detailed list of the activities and programs to be provided by the Organization, see Section D. Proposal requirements for further details.

Requirements:

The operator will be responsible for:

• The cost of all aspects of the facility's operation including staffing, operating supplies, utilities, and contractual services.

• Staffing of the sportsplex including operations, programming, administration, and maintenance.

• All cleaning and maintenance functions associated with the interior of the buildings.

• Maintaining all the building's mechanical and operating systems including regular and routine care, cleaning, inspecting, repairing, and replacing expendable components of equipment.

• Operating the facility seven days a week.

• Offering, promoting, advertising, and operating sport programs and services in all areas of the facility.

• Recreation should be the primary focus, with some higher-level of play, and develop balanced teams through the team selection process.

• Ensure adult supervision is present in an official capacity for every league practice, official game, tournament game, camp or clinic.

• Encourage staff, coaches, volunteers, and agents to conduct themselves as positive role models exemplifying proper sportsmanship, cooperation, and appropriate behavior. The operator will validate the quality of adult leadership by requiring statewide criminal background checks of all

RFP 2026-P15 Hays County Sportsplex League Provider and Operator Page 8 of 45 head coaches, game officials, board members, and any other person acting in an official capacity with the organization directly overseeing children. Background checks are valid for a one-year period.

• Ensure all head coaches are certified for coaching youth by a national, state, or local accredited coaching certification program that is recognized by the County.

Utilities:

The awarded organization will be responsible for and will pay promptly for all utility services for the sportsplex, including but not limited to any electricity, gas, water, sewage, and trash charges assessed on the leased premises during the term of the lease.

Capital Improvements The awarded organization will not be permitted to alter the premises without the prior written approval of the Hays County Commissioner Court. Additionally, should consent be granted to construct improvements, the awarded organization shall acquire no ownership, title, property rights, or property interest in or to the premises other than the awarded organization’s interest conveyed by the agreement between the awarded organization and the County.

Cleaning and Maintenance Day-to-day cleaning, repairs, and maintenance of the buildings and public grounds will be the sole responsibility of the awarded organization. The awarded organization shall be contractually bound to keep the premises in a clean, sanitary, and safe condition in accordance with all applicable federal, state, and local regulations at its sole cost and expense. The awarded organization shall not allow any nuisance(s) to exist with respect to the premises.

• Trash: The organization is responsible for collecting litter daily from fields, dugouts, restrooms, concession areas, etc. and placing into trash receptacles. Full trash bags should be pulled and taken to the designated park dumpster for disposal. Trash pickup will be at the expense of awarded organization.

• Restrooms: The organization is responsible for the restroom needs, such as toilet paper soap , soap dispensers, trash cans, etc. The Organization must ensure that the restrooms are in a clean, sanitary condition during the day and at the conclusion of each scheduled day. If the restrooms are closed and portable restrooms are ordered, one should be an accessible portable restroom.

• Facility Upkeep: The organization is responsible for all the field lining including painting and chalking. All paint must be approved by Hays County. Routine field prep after inclement weather is the responsibility of the organization. The organization is responsible for dragging the ball fields. Maintenance buildings, concession buildings, storage areas, and other park facilities used during a sport season should be maintained throughout each season.

Fencing/Gate should be locked daily.

• Field Maintenance: All fields must be maintained to ensure they are in a safe playable condition.

• Concession and Storage Areas: Organization must always follow proper health code standards during concession operations. Concession stands, refrigerators, and coolers should be cleaned, and food removed after each season. It is the organizations responsibility to always maintain the concession stand in a clean sanitary and acceptable conditions.

Renting the Facility (Tournaments/Practices) Organization shall inform the County of their standard rental fees. To rent the fields and/or facility for practices, games, and /or tournaments the organization must:

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• Develop a written document stating the terms of the agreement for practices & tournaments, and any associated fees.

• Require the renter to provide insurance coverage listing the County as additionally insured. The amount must be a minimum of $1,000,000 per occurrence and $2,000,000 aggregate.

• Keep records of all tournaments and event to share with the County, as requested.

Other Costs In addition to its obligations stated in the agreement, the awarded organization shall pay, or cause to be paid, all other costs necessary for its use and operations of the premises.

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

• Proposer must be legally capable of operating within the State of Texas.

• Proposer must have extensive and current experience in managing, owning, and/or operating multi-sport venues that provide leagues, tournaments, camps, clinics, training, fitness activities, special events, and facility rentals for a variety of sports, and recreational activities.

• Proposer must provide EBITDA statements for the past three calendar years, in sufficient detail that represents a fair and accurate portrayal as to the financial viability of the organization to run such a facility in a financially sustainable way. At least one example must be for a sports facility Proposer currently operates.

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

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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 twenty (20) pages (10 sheets front and back) in length, but not including:

• Front and Rear Covers

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

• Table of Contents

• Appendix materials (any required forms, see RFP Submittal Checklist, personnel resumes, and addenda from Hays County)

Items that count towards the 20-page limit

• 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.

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.

• Financial Stability:

Submit the most recent audited balance sheet and profit-and-loss statement.

Proposals will be evaluated based on financial strength and the ability to support your long-term obligations under the agreement, understanding the fact that the services of this contract could extend for multiple 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.

• Organizational Structure and Program Overview

Respondents will be evaluated on the extent to which organization personnel are qualified to administer and provide quality programming that serves the greater public good as well as maintaining the complex.

Provide a description of your Program format and overview:

o Detailed plans for practices, game days, tournaments, camps, and clinics, etc.

including proposed fees.

o Details on how recreational teams will be formed (ex. Draft, by age, by grade) o Provide proposed registration dates and deadlines for each season o Provide details of how the organization will handle registration of participants and teams. (ex. Online, walk-in, main-in, late registration, method of payments, etc.)

o Proposed start and end dates of each league o Grievance process

Staffing (league administrators, field monitors, officials, scorekeepers, etc.)

Coaches (background checks, trainings, certifications, etc.)

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Provide rules governing league and tournament play Any other information that would be helpful in determining the qualifications, organizational skills, and resources of the applicants.

• Program Fees

Provide an estimated cost per individual, per season for recreational league or similar participants

If a competitive/select division is offered, provide the estimated total registration cost per team and cost per individual.

Provide proposed cost for tournaments, clinics, and camps, etc.

Include the estimated number of individual participants per program.

Provide a 5-year revenue and expense projections.

• Maintenance Plan Provide a daily, weekly, and monthly maintenance plan (or checklists) for the facility to include maintaining all major systems.

Identify the type vendors who would be contracted to deliver maintenance services and what provisions the Proposer will take to ensure maintenance is conducted.

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 twenty (20) pages, ten (10) 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.

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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 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.

Mailed or Dropped off Proposals:

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

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

Electronic Proposals:

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

(through BidNet Direct)

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

LATE SUBMITTALS WILL NOT BE ACCEPTED.

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

Evaluation Criteria Maximum Score Points

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

Program Fees 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

35 35 = Significantly Exceeds Requirements 28 = Exceeds Requirements 21 = Meets ALL Requirements 14 = Marginally Meets Requirements 7 = Does not meet Requirements

Organizational Structure and Program Overview

45 45 = Significantly Exceeds Requirements 36 = Exceeds Requirements 27 = Meets ALL Requirements 18 = Marginally Meets Requirements 9 = Does not meet Requirements

Total Evaluation Points 100

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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.

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

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

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.

RESPONDENT AGREES, if this proposal is accepted, to furnish any and all services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of the proposal will be ninety (90) calendar days.

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.

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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 tax-exempt bond funds, and 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 generally to members of the association.

11. NONDISCRIMINATION; CIVIL RIGHTS/ADA COMPLIANCE:

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

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

12. CHANGES:

a. This Contract may be amended only by written instrument signed by both County and Contractor. It is acknowledged by Contractor that NO OFFICIAL, EMPLOYEE, AGENT OR REPRESENTATIVE OF COUNTY

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HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO CHANGE THE SCOPE OF THIS CONTRACT OR OTHERWISE AMEND THIS CONTRACT, OR ANY ATTACHMENTS HERETO, UNLESS EXPRESSLY GRANTED

THAT AUTHORITY BY THE COMMISSIONERS COURT.

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

13. REPRESENTATIONS:

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

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

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

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

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

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

14. SUBCONTRACTS:

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

EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISSIONERS COURT.

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

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

15. ASSIGNMENT:

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a. The parties to this Contract shall not assign any of the rights or obligation hereunder without the prior written consent of the other party. No official, employee, representative or agent of County has the authority to approve any assignment under this Contract unless that specific authority is expressly granted by Commissioners Court.

b. The terms, provisions, covenants, obligations and conditions of this Contract are binding upon and inure to the benefit of the successors in interest and the assigns of the parties to this Contract if the assignment or transfer is made in compliance with the provisions of this Contract.

c. Contractor remains responsible for the performance of this Contract when there is a change of name or change of ownership. If a change of name is required, the Purchasing Agent shall be notified immediately. No change in the obligation of or to Contractor will be recognized until it is approved by Commissioners Court.

16. DISPUTES AND APPEALS: The Purchasing Agent acts as the County representative in the issuance and administration of this contract in relation to disputes. Any document, notice, or correspondence not issued by or to the Purchasing Agent or other authorized County person, in relation to disputes is void unless otherwise stated in this contract. If the Contractor does not agree with any document, notice, or correspondence issued by the Purchasing Agent, or other authorized County person, the Contractor must submit a written notice to the Purchasing Agent within ten (10) calendar days after receipt of the document, notice, or correspondence, outlining the exact point of disagreement in detail. If the matter is not resolved to the Contractor’s satisfaction, Contractor may submit a written Notice of Appeal to the Commissioners Court, through the Purchasing Agent, if the Notice is submitted within ten (10) calendar days after receipt of the unsatisfactory reply. Contractor then has the right to be heard by Commissioners Court.

17. MEDIATION: When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality.

18. FORCE MAJEURE: If the performance by either party of any of its obligations under this Contract is interrupted or delayed due to an act of God or the common enemy or as the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not a party to this Contract, then it shall be excused from performance for such period of time as is reasonably necessary to remedy the effects thereof.

19. NON-WAIVER OF DEFAULT:

a. No payment, act or omission by County may constitute or be construed as a waiver of any breach or default of Contractor which then exists or may subsequently exist. No official, agent, employee or representative of County may waive any breach of any term or condition of this Contract unless expressly granted that specific authority by the Commissioners Court.

b. All rights of County under this Contract are specifically reserved, and any payment, act or omission shall not impair or prejudice any remedy or fight to County under it.