TAMUT-RFP-2019_082026 — Eagle Reserve Golf Course Management Services

TEXAS A&M UNIVERSITY-TEXARKANA

REQUEST FOR PROPOSALS

Eagle Reserve Golf Course

Full-Service Golf Course Management

RFP NUMBER: TAMUT-RFP-2019_082026

ISSUE DATE: August 7, 2026

PROPOSALS MUST BE RECEIVED BEFORE:

11:30 PM Central Time on August 31, 2026

SUBMIT PROPOSALS TO:

https://it-lf-ecmf2.it.tamu.edu/Forms/wB5tD

REFER INQUIRIES TO:

Kristen Tullos, Assistant Vice President for Business Services ktullos@tamut.edu

Proposal must be submitted to the Texas A&M University-Texarkana Business Services Office before the hour and date specified for receipt of proposal. If it is not received in the department by due date and time, the proposal will be considered late and will be returned to the respondent.

Pursuant to the provisions of Texas Government Code Title 10, Chapter 2156 and TAMUS System Regulation 25.07.03, sealed proposals will be received until the date and time established for receipt.

All proposals shall become the property of The Texas A&M University System and the State of Texas upon receipt. Proposals may be subject to public review after contracts have been executed. Refer to Section 5.9 for more information regarding public information.

TABLE OF CONTENTS

SECTION 1 — INTRODUCTION

SECTION 2 — INSTRUCTIONS FOR RESPONDENTS

SECTION 3 — SCOPE OF SERVICES & PROPOSAL REQUIREMENTS

SECTION 4 — EVALUATION CRITERIA

SECTION 5 — GENERAL TERMS AND CONDITIONS

EXHIBIT A — EXECUTION OF OFFER

EXHIBIT B — NON-COLLUSION AFFIDAVIT

EXHIBIT C — INSURANCE REQUIREMENTS

EXHIBIT D — HUB PARTICIPATION PLAN

EXHIBIT E — FEE STRUCTURE & FINANCIAL DISCLOSURE FORM

SECTION 1 — INTRODUCTION

1.1 Introduction

Texas A&M University-Texarkana (“TAMUT”)is soliciting proposals from qualified firms (“Respondents”) to provide full-service golf course management for Eagle Reserve Golf Course (“Eagle Reserve” or the “Course”), an 18-hole golf course located adjacent to the TAMUT campus in Texarkana, Texas.

Proposals shall be in accordance with the terms, conditions, and requirements set forth in this Request for Proposals

(“RFP”).

1.2 Background

The Texas A&M University System

The A&M System is one of the largest systems of higher education in the nation. Through a statewide network of eleven universities and seven state agencies, the A&M System educates more than 153,000 students and makes millions of additional educational contacts through service and outreach programs each year. More information about the A&M System and its members can be found at https://www.tamus.edu.

Eagle Reserve Golf Course

Eagle Reserve is an existing 18-hole course featuring dramatic elevation changes and scenic Bringle Lake views directly across from the TAMUT campus. The Course has been acquired by TAMUT, which is committed to revitalizing and reinvesting in the property to create a premier college amenity and regional golf destination. TAMUT intends for Eagle Reserve to deliver an exceptional golf experience for students, faculty, alumni, residents, and visiting golfers while operating as a financially sustainable, self-sustaining long-term asset supporting the University's broader mission, including athletics, alumni relations, student life, and recruitment.

1.3 Scope Summary

TAMUT seeks a qualified firm to provide complete operational management of Eagle Reserve, including but not limited to the Golf Shop, Course Maintenance, Food & Beverage, Administration/Bookkeeping, and Marketing functions. Full scope requirements are set forth in Section 3.

1.4 Calendar of Events

Issue RFP: August 7, 2026

Deadline for Written Questions: August 17, 2026

Deadline for Receiving Proposals: August 31, 2026, by 11:30 PM Central Time

Property tours will be available upon advance scheduling. Please contact Fred Meisenheimer

(fmeisenheimer@tamut.edu) and Kristen Tullos (ktullos@tamut.edu) to schedule.

Interviews of Top-Ranked Respondents (TAMUT’s Option): [TBD]

Anticipated Award Date: October 1, 2026

Anticipated Commencement of Services: TBD, coordinated with any concurrent renovation schedule

(TAMUT will make every effort to adhere to this schedule; it is subject to change at TAMUT’s discretion.)

1.5 Priorities and Expectations

Respondents should note the following priorities with regard to the possibility of TAMUT establishing a contractual relationship with any Respondent:

a. Quality of Service. TAMUT is seeking a Respondent that will ensure a high, consistent quality of service delivered in a timely, cost-effective manner through proven techniques and established metrics.

b. Experience and Expertise. Respondent must demonstrate a proven record of managing comparable golf courses, with specific preference given to experience managing university-affiliated or other public-sector golf facilities.

https://www.tamus.edu/ mailto:fmeisenheimer@tamut.edu mailto:ktullos@tamut.edu

c. Financial Stability. Respondent must demonstrate financial stability and capacity to perform the required services, including the ability to fund payroll and operating costs on the schedule required by TAMUT.

d. Shared Risk / True Partnership Structure. TAMUT is specifically seeking proposals that include meaningful operator risk-sharing — for example, performance-based compensation tied at least in part to profitability rather than solely to gross revenue, and/or a defined operator financial commitment or performance guarantee mechanism — consistent with structures used by comparable public-sector golf course owners. See Section 3.4.

e. Financial Transparency. Respondent's proposal and any resulting agreement must provide clear, itemized financial reporting and unambiguous treatment of all fees relative to any projected financial performance provided.

1.6 Coordination with Concurrent Design-Build Procurement

TAMUT is concurrently conducting a separate, statutorily distinct procurement (Request for Qualifications for Design-

Build Services, RFQ No. TAMUT-RFQ-2018_082026, issued under Texas Government Code Chapter 2269, Subchapter G) for renovation of Eagle Reserve. TAMUT may award the management services contract resulting from this RFP and the design-build contract resulting from the separate RFQ/RFP process to different firms, to affiliated firms, or to the same firm, at TAMUT's sole discretion.

Where a Respondent to this RFP has any ownership, familial, contractual, or other affiliation with any firm responding to the concurrent Design-Build RFQ, such relationship MUST be fully and specifically disclosed under Section 3.12 of this RFP. Failure to disclose such a relationship is grounds for disqualification and/or termination of any resulting agreement.

SECTION 2 — INSTRUCTIONS FOR RESPONDENTS

2.1 General Information

Proposals are to be in accordance with the outline and specifications contained herein, are to remain in effect a minimum of 120 days from the date of submission, and may be subject to further extension as negotiated. A statement to this effect should be contained in the Respondent's cover letter.

This RFP contains specific requests for information. Respondents are encouraged to examine all sections of this RFP carefully, as the degree of interrelationship between sections is critical, and to provide any additional information they believe relevant.

Whenever the terms “must,” “shall,” “will,” “is required,” or “are required” are used in this RFP, the subject referred to is a required feature of this RFP and critical to the resulting submittal. Material failure to meet a mandatory requirement may result in disqualification. Any deviation or exception from RFP specifications must be clearly identified by the

Respondent in its submittal.

Expenses for developing and presenting proposals are the entire responsibility of the Respondent and are not chargeable to TAMUT or the A&M System.

2.2 Examination of the Request for Proposal

Before submitting a proposal, each Respondent will be held to have examined the requirements outlined in Section 3 and satisfied itself as to the existing conditions under which it will be obligated to perform. No claim for additional compensation will be allowed due to unfamiliarity with the specifications and/or existing conditions.

2.3 Proposal Submission Instructions and Delivery

All proposals must be submitted online at https://it-lf-ecmf2.it.tamu.edu/Forms/wB5tD and received no later than the date and time specified in Section 1.4. The time indicated on the electronic submission form shall be used for receipt and acceptance of the response. Late proposals will not be considered under any circumstances. Telephone and facsimile proposals are not acceptable.

Submittal Format: Electronic file shall be saved as a single file, in Adobe Portable Document Format (PDF), and named “[Company Name] – TAMUT-RFQ-2018_082026.”

2.4 Proposal Components

The following documents must be returned as part of the proposal response. Failure to include each of these documents may be grounds for disqualification:

• Signed Execution of Offer (Exhibit A)

• Non-Collusion Affidavit (Exhibit B), signed and notarized

• Technical Proposal (Section 3.9)

• Proposed Fee Structure and Financial Disclosure Form (Exhibit E)

• Company References (Section 3.10)

• VetHUB

• Participation Plan (Section 3.11 / Exhibit D)

• Related-Party & Conflict of Interest Disclosure (Section 3.12)

• Documentation of financial capability to perform the contract (submitted as a separate, clearly labeled attachment)

• Certificate(s) of insurance or written confirmation of insurability at the levels required in Exhibit C

2.5 Inquiries and Interpretations

All questions concerning this RFP must be directed in writing, via email, to Kristen Tullos, Assistant Vice President for

Business Services at ktullos@tamut.edu. Respondents may not contact any other individual at TAMUT or the A&M

System to discuss any aspect of this RFP unless expressly authorized. Responses affecting an interpretation of or change to this RFP will be issued in writing by addendum and posted to the Electronic State Business Daily (ESBD).

Only responses issued as formal written addenda are binding; oral or other interpretations are without legal effect.

2.6 Selection Process

Proposals will be evaluated on the basis of overall best value to TAMUT and the A&M System, using the criteria set forth in Section 4. All properly submitted proposals will be reviewed, evaluated, and ranked. TAMUT may interview one or more top-ranked Respondents as part of the evaluation process, and may select the successful proposal on the basis of proposals as initially submitted or on the basis of negotiation with any Respondent.

TAMUT reserves the right to reject any or all proposals, to waive minor informalities, and to award to the

Respondent(s) that, in its sole judgment, best serve TAMUT's long-term interest. This RFP does not obligate TAMUT to the eventual award of any contract.

2.7 Reference Checks

TAMUT will perform reference checks and may seek further information from any Respondent whose proposal

TAMUT, at its discretion, considers viable. By submitting a proposal, Respondent authorizes TAMUT to contact the organizations identified as references and releases TAMUT and the A&M System from liability in connection with obtaining and using such information. Negative reference responses may be grounds for disqualification.

SECTION 3 — SCOPE OF SERVICES & PROPOSAL REQUIREMENTS

3.1 Scope of Services

Respondent shall provide overall General Management of Eagle Reserve, including oversight of the following departments: Golf Shop, Course Maintenance, Administration/Bookkeeping, and Marketing. Food & Beverage service is provided under a separate strategic partnership structure described in Section 3.1.1 below and is NOT part of

Respondent's direct departmental oversight. At minimum, Respondent's management responsibilities shall include:

a. Operating and overseeing the entire facility, including daily operations and staffing;

b. Establishing operating practices and administering policies consistent with TAMUT goals;

c. Hiring, compensation, training, discipline, and termination of on-site staff (excluding Chartwells food and beverage personnel, who are Chartwells employees per Section 3.1.1), including full disclosure of the proposed employment structure (e.g., direct Respondent employees, System-affiliated employer, or other model) and treatment of any current on-site staff at Eagle Reserve;

d. Implementing an agreed-upon schedule of prices for all classes of membership, guest fees, event play, and initiation fees, subject to annual approval by the TAMUT Representative;

e. Developing and executing a club marketing and golf sales strategy integrated with TAMUT goals;

f. Establishing an annual operating budget, subject to TAMUT Representative approval;

g. Delivering timely, accurate, and transparent financial reporting, including management of AP/AR, operational cash flows, and payroll processing;

h. Reconciling and reporting cash position and bank balance on a schedule specified by TAMUT;

i. Conducting routine member/event billing and distributing member correspondence;

j. Strategic and future capital planning input for the golf course and clubhouse, in coordination with any concurrent or future design-build renovation contract.

3.1.1 Food & Beverage — Chartwells Strategic Partnership

Food and beverage service at Eagle Reserve will be provided by Chartwells Higher Education (“Chartwells”), TAMUT's existing university-wide dining services provider, under a strategic partnership with Respondent. Food and beverage service is NOT part of Respondent's direct operational or financial management responsibilities under this

RFP. Respondents should structure their proposed scope, staffing plan, and fee structure (Section 3.4) accordingly.

• Chartwells will manage all day-to-day food and beverage operations at Eagle Reserve, including staffing, purchasing, inventory, pricing, and all related financial management and reporting.

• All food and beverage revenue and any commissions generated will be returned to and retained by TAMUT, consistent with Chartwells' existing university-wide dining services agreement, and will NOT be included in

Respondent's compensation base (see Section 3.4).

• Respondent will have oversight of, and input into, the food and beverage program as it relates to the overall golf and clubhouse guest experience, including menu selection and approval, service standards, and coordination of

F&B service for golf events, tournaments, and outings.

• Chartwells' on-site food and beverage staff and management at Eagle Reserve will maintain a “dotted-line” reporting relationship to Respondent's on-site General Manager for day-to-day operational coordination (e.g., event scheduling, service standards, guest experience), while maintaining primary (“solid-line”) reporting through Chartwells' existing university dining services management structure under its agreement with TAMUT.

• Respondent shall describe in its Technical Proposal (Section 3.9) its proposed approach to coordinating with

Chartwells, including proposed governance and communication cadence, the menu approval process, and any operational interfaces required (e.g., point-of-sale integration, event staffing coordination, shared use of clubhouse space).

3.2 Objectives

TAMUT's objectives for Eagle Reserve include:

• Supporting TAMUT's vision for a regional-draw, high-quality amenity through operational excellence;

• Protecting value and accessibility for the local community and TAMUT faculty/students, with reasonable rate increases;

• Integrating golf marketing and sales strategies with TAMUT goals to drive regional draw, alumni engagement, and community support;

• Supporting TAMUT priorities including athletics programs, alumni engagement, student internships (turf management and business/hospitality), recruitment/retention, and community pride;

• Operating in a professional, transparent manner consistent with TAMUT goals;

• Achieving financial success and long-term sustainability as a self-sustaining asset supporting reinvestment.

3.3 Term of Agreement

TAMUT anticipates an initial term of three (3) to five (5) years, with options to renew by mutual written agreement.

3.4 Required Fee Structure & Risk-Sharing

This is a priority evaluation area for TAMUT (see Section 4). Respondent's proposal must, at minimum, address each of the following:

a. A proposed base management fee, stated as an annual dollar amount.

b. A proposed performance incentive structure, if any, with the basis for calculation explicitly disclosed (e.g., gross revenue, gross margin, Net Operating Income, or EBITDA, etc.) and a full illustrative numeric example of the calculation at a stated level of performance.

c. If an incentive fee is proposed on a gross-revenue basis, Respondent must propose a mechanism capping the incentive fee's share of total annual compensation (for example, a structure in which the base fee may not fall below a stated percentage of total compensation in any year).

d. A description of any operator risk-sharing mechanism proposed, which may include, without limitation: a share of operating losses or shortfalls, a capital contribution or reinvestment commitment, or a performance/debt-service guarantee. Proposals that include a meaningful risk-sharing mechanism will be viewed favorably in the evaluation described in Section 4.

e. An explicit statement of whether the proposed fee structure (base and/or incentive) is already netted into, or is additive to, any pro forma or projected financial statements submitted with the proposal.

f. Whether and how the proposed compensation structure, if the Course renovation involves tax-exempt bond financing, would comply with applicable IRS safe-harbor requirements for management contract compensation on bond-financed facilities (see Rev. Proc. 2017-13 or successor guidance). Respondent should describe its familiarity with these requirements, if applicable.

3.5 Financial Transparency & Reporting Requirements

Any resulting agreement will require, at minimum:

• Monthly financial statements including revenue by category, cost detail, and variance against the approved annual budget;

• Defined Key Performance Indicators (KPIs) tied to the fee structure and reported on a regular schedule;

• Submission of actual (not solely projected) financial and operational results from comparable courses currently or previously managed by Respondent;

• A stated downside/break-even scenario with explicit assumptions disclosed (membership levels, rounds volume, rate structure) rather than an undefined or unlabeled projection;

• Cooperation with the Texas State Auditor's Office, Texas A&M System Audit, and any other auditing organization retained by TAMUT, and provision of all records requested in connection with any audit or investigation of funds received under the agreement.

3.6 Insurance & Indemnification Requirements

Respondent must be able to obtain and maintain, at minimum, the insurance coverage set forth in Exhibit C, naming the

Board of Regents of the A&M System, the A&M System, and TAMUT as additional insureds on a primary and non-contributory basis, with a waiver of subrogation. Any resulting agreement will require mutual indemnification (or, at minimum, indemnification by Respondent of TAMUT and the A&M System for Respondent's negligent or willful acts), consistent with TAMUS standard contract language.

3.7 Required Termination Provisions

Any resulting agreement must include, at minimum:

• Termination for convenience by TAMUT upon no more than ninety (90) days' written notice;

• Termination for cause by either party upon a material breach, following written notice and a defined cure period of no more than thirty (30) days;

• Immediate termination rights for TAMUT if Respondent's required insurance is cancelled or non-renewed, or if

Respondent becomes insolvent or enters bankruptcy or receivership;

• A defined transition/wind-down process addressing final accounting, records handover, and disposition of equipment and inventory upon termination or expiration.

3.8 Scope & Asset Ownership

Respondent's proposal must explicitly address ownership of, and financial/contracting responsibility for, each of the following:

• Utilities and internet/network service accounts;

• Point-of-sale and tee-sheet software, and membership/CRM software (note: food and beverage POS and related systems are addressed separately under Chartwells' existing university dining services agreement, per Section

3.1.1, and are not part of this item);

• Computers, general Furniture, Fixtures & Equipment (FF&E), and golf-specific technology (e.g., launch monitor

/ range technology);

• Golf carts and course maintenance equipment, including ownership disposition at the end of the contract term;

• Marketing materials, website and social media content, and the membership database created during the term, including ownership after termination or expiration;

• Use of any TAMUT or Texas A&M trademarks, logos, or branding, which requires a separate written trademark license.

3.9 Technical Proposal Requirements

Respondents shall address, at minimum, the following in their Technical Proposal:

a. A list of the names, addresses, and ownership interests of all owners, executives, managers, partners, members, shareholders, or principals of Respondent, and a complete description of relevant experience for each;

b. An organizational chart of the responding entity;

c. A detailed description of Respondent's proposed approach to the scope described in Section 3.1, including staffing plan and organizational structure for on-site operations;

d. A list of comparable golf courses managed by Respondent (university-affiliated and/or public-sector preferred), including actual (not solely projected) financial and operational results, length of engagement, and a description of the fee structure used for each;

e. A multi-year (minimum five-year) pro forma for Eagle Reserve, with all assumptions used in developing the pro forma fully disclosed, consistent with Section 3.4 and Section 3.5;

f. A description of Respondent's approach to community and student/faculty accessibility and pricing, consistent with the objectives in Section 3.2;

g. A description of Respondent's proposed approach to the Chartwells food and beverage strategic partnership described in Section 3.1.1, including governance/communication cadence, the menu approval process, and operational coordination;

h. Any additional information Respondent believes relevant to TAMUT's evaluation.

3.10 Company References

Respondents shall provide at least three (3) references, preferably from institutions of higher education or other public-sector entities with a similar project scope. Each reference shall include: company/entity name; contact person name and title; contact phone number and email address; and a general description of the completed scope and services provided, including dates of engagement.

3.11 VetHUB Participation Plan

It is the policy of the State of Texas and the A&M System to encourage the use of Veteran Heroes United in Business

Businesses (VetHUBs), both directly and indirectly, in A&M System contracts. Respondents are required to submit a

VetHUB Participation Plan describing a “Good Faith Effort” to attract and use State of Texas certified VetHUB vendors. See Exhibit D for the required format. Failure to submit a comprehensive, acceptable VetHUB Participation

Plan will be considered a material failure to comply with this RFP and may result in rejection of the proposal.

3.12 Related-Party & Conflict of Interest Disclosure

Respondent must fully disclose, in a clearly labeled section of its proposal:

• Any ownership, familial, contractual, or other affiliation between Respondent (or any owner, principal, or affiliate of Respondent) and any firm submitting, or expected to submit, a proposal or qualifications statement in response to the concurrent Design-Build RFQ described in Section 1.6, or any other current or anticipated

TAMUT or A&M System procurement related to Eagle Reserve;

• Any direct or indirect financial interest held by any member of the A&M System Board of Regents, or any

TAMUT or A&M System officer or employee, in Respondent or in the proposal;

• Any other relationship that could reasonably be perceived as creating a conflict of interest in connection with this

RFP or any resulting agreement.

Failure to make a required disclosure under this section is grounds for disqualification of the proposal and/or termination of any resulting agreement. TAMUT reserves sole discretion to determine whether a disclosed relationship requires a sole-source justification, a competitive process for a related procurement, or other mitigation prior to award.

3.13 Financial Capability Documentation

Respondent shall submit documentation demonstrating financial capability to perform the contract (e.g., audited financial statements for the prior two fiscal years, bank reference letter, or equivalent), submitted as a separate, clearly labeled attachment.

SECTION 4 — EVALUATION CRITERIA

Proposals will be evaluated by TAMUT on the basis of the criteria and illustrative weighting set forth below. TAMUT reserves the right to adjust weighting prior to RFP issuance and will disclose final weighting in the issued RFP.

Evaluation Criterion Weight*

Fee Structure & Risk-Sharing (alignment with TAMUT's interests per Section 3.4) 25%

Technical Approach & Understanding of Scope 20%

Experience & Comparable Course Results 20%

Financial Stability & Capability 10%

References 10%

VetHUB Participation Plan 10%

Interview (if conducted, A&M System's option) 5%

SECTION 5 — GENERAL TERMS AND CONDITIONS

The following terms and conditions will apply to this RFP and any resulting agreement. TAMUT reserves the right to accept, reject, modify, and/or negotiate any and all proposals received. Any submittal determined to be incomplete, conditional, obscure, or irregular may be rejected.

5.1 Governing Law

The validity of any resultant agreement and all matters pertaining to it, including performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed by the Constitution and laws of the State of Texas.

5.2 Non-Discrimination

The Respondent and its agents and employees are prohibited from engaging in or allowing any impermissible discrimination on the basis of race, religion, color, national origin, age, sex, disability, genetic information or veteran status in relation to (1) the Respondent’s employment practices; (2) the performance of the Respondent’s obligations under the Agreement. In performing its obligations under the Agreement, Respondent shall be subject to and shall comply with all currently effective or subsequently promulgated polices regarding non-discrimination issued by either the University or the Texas A&M University System.

5.3 Immigration Reform and Control Act of 1986

By submitting a proposal, Respondent certifies it does not and will not, during performance of any resulting contract, employ illegal alien workers or otherwise violate the federal Immigration Reform and Control Act of 1986, as amended.

5.4 Debarment Status

By submitting a proposal, Respondent certifies it is not currently debarred from submitting proposals on contracts, nor is it an agent of any person or entity that is currently debarred.

5.5 Indemnification and Hold Harmless

Respondent agrees to indemnify and hold harmless the University from any claim, damage, liability, expense or loss to the extent arising out of Respondent’s negligent or willful errors or omissions under this Agreement.

Respondent shall also indemnify, save and hold harmless the State of Texas and the University from and against claims of patent, trademark, copyright, trade secret or other proprietary rights, violations or infringements arising from the

State’s or Respondent’s use of or acquisition of any services or other items provided to the State of Texas by

Respondent or otherwise to which the State of Texas has access as a result of Respondent’s performance under this

Agreement

The University shall notify Respondent of any such claim within a reasonable time of the University’s receiving notice of any such claim. If Respondent is notified of any claim subject to this section, Respondent shall notify the University of such claim within five (5) business days of such notice. No settlement of any such claim shall be made by

Respondent without the University prior written approval and all settlement negotiations shall be in consultation with the Office of the Attorney General.

Respondent shall reimburse the State of Texas for any claims, damages, losses, costs, expenses, judgments or any other amounts, including, but not limited to, attorneys' fees and court costs, arising from any such claim. Respondent shall pay all reasonable costs of the State’s counsel and shall also pay costs of multiple counsel, if required to avoid conflicts of interest.

5.6 Federal Laws and Regulations

By submitting a signed proposal in response to this RFP, the Respondent certifies that it is fully informed about, and in full compliance with its obligations under existing applicable laws and regulations, including, but not limited to:

Title V1 of the Civil Rights Act of 1964, as amended (42 USC 2000(D)); Civil Rights Act of 1991;

Executive Order 11246, as amended (41 CFR 60-1 and 60-2);

Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250); Rehabilitation Act of 1973, as amended (41 CFR 60-741);

Age Discimination Act of 1975 (42 USC 6101 et seq.); Non-segregated Facilities (41 CFR 60-1);

Drug-Free Workplace Act of 1988 (PL 100-690);

Federal Procurement or Nonprocurement Programs (Executive Order 12549 and 12689); Bryd Anti-Lobbying

Amendment (31 USC 1352);

Clean Air Act of 1970 (42 USC 7401 et seq.);

Federal Water Pollution Control Act (33 USC 1251 et seq.); Omnibus Reconciliation Provision, Section 952;

Fair Labor Standards Act of 1938, Sections 6 ,7, and 12, as amended; Americans with Disabilities Act of 1990

(42 USC 12101 et seq.); Immigration Reform and Control Act of 1986;

Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and

Economically Disadvantaged Individuals (PL 96-507);

Federal Occupational Safety and Health Law (PL 91-596) including its regulations in effect or proposed as of the date of the Agreement;

Executive Order GA-48, Hardening of State Government; and

All other laws and regulations and executive orders as are applicable.

5.7 Non-Collusion and Conflict of Interest

The Non-Collusion Affidavit and Conflict of Interest Statement found in Exhibit B must be executed as part of

Respondent's submittal.

5.8 Independent Contractor

The successful Respondent's relationship with TAMUT and the A&M System will be that of an independent contractor.

No employer-employee, partnership, agency, or joint venture relationship is created by any resulting agreement.

Respondent is solely responsible for all taxes, withholdings, and other statutory or contractual obligations, including workers' compensation insurance, and shall observe and abide by all applicable TAMUT and A&M System policies, regulations, rules, and procedures, including those applicable to conduct on TAMUT premises.

5.9 Public Information Act

Respondent acknowledges that TAMUT and the A&M System are obligated to strictly comply with the Public

Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this RFP and any resulting agreement, as well as any other disclosure of information required by applicable Texas law. Upon TAMUT’s written request, Respondent will promptly provide specified contracting information exchanged or created under any resulting agreement in a non-proprietary format acceptable to TAMUT. Respondent acknowledges that TAMUT may be required to post a copy of the fully executed agreement on its website in compliance with Section

2261.253(a)(1), Texas Government Code. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and Respondent agrees that this Agreement can be terminated if Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

5.10 Ownership of Documents and Data

Upon completion or termination of any resulting agreement, all documents prepared by Respondent for the benefit of

TAMUT shall become the property of TAMUT, consistent with Section 3.8 above regarding marketing materials, website/social content, and the membership database.

5.11 Venue

Pursuant to Section 85.18, Texas Education Code, mandatory venue for all legal proceedings against TAMUT is to be in the county in which the principal office of TAMUT’s governing officer is located.

5.12 State Auditor's Office

Respondent understands that acceptance of funds under this Agreement constitutes acceptance of the authority of the

Texas State Auditor's Office, or any successor agency (collectively, “Auditor”), to conduct an audit or investigation in connection with those funds pursuant to Section 51.9335(c), Texas Education Code. Respondent agrees to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested. Respondent will include this provision in all contracts with permitted subcontractors.

5.13 Conflict of Interest

Respondent certifies, to the best of its knowledge and belief, that no member of the A&M System Board of Regents, nor any officer or employee of TAMUT or the A&M System, has a direct or indirect financial interest in the award of any resulting agreement, in the services to which it relates, or in any profits thereof, except as disclosed under Section

3.12.

5.14 VetHUB Subcontracting Plan

Where Respondent intends to subcontract any duties or obligations under a resulting agreement, Respondent will be required to provide prior written notice to TAMUT and submit a VetHUB Subcontracting Plan as required under 34

Tex. Admin. Code § 20.285.

5.15 Prohibition on Contracts with Companies Boycotting Israel

To the extent Chapter 2271, Texas Government Code, is applicable, Respondent certifies it does not currently boycott

Israel and will not boycott Israel during the term of any resulting agreement. Respondent acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

5.16 Certification Regarding Business with Certain Countries and Organizations

Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Respondent certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Respondent acknowledges this Agreement may be terminated immediately if this certification is inaccurate.

5.17 Verification Regarding Discrimination Against Firearm Entities and Energy Companies

To the extent Chapter 2274, Texas Government Code, is applicable, Respondent verifies that (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and (2) does not boycott energy companies, and will not do so during the term of any resulting agreement.

5.18 Franchise Tax Certification

If Respondent is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), Respondent certifies it is not currently delinquent in the payment of any franchise (margin) taxes, or is exempt from such payment.

5.19 Not Eligible for Rehire

Respondent is responsible for ensuring that its employees involved in any work being performed for TAMUT under this Agreement have not been designated as “Not Eligible for Rehire” as defined in A&M System policy 32.02, Discipline and Dismissal of Employees, Section 4 (“NEFR Employee”). In the event TAMUT becomes aware that

Respondent has a NEFR Employee involved in any work being performed under this Agreement, TAMUT will have the sole right to demand removal of such NEFR Employee from work being performed under this Agreement. Non-conformance to this requirement may be grounds for termination of this Agreement by TAMUT.

5.20 Loss of Funding

Performance by TAMUT under any resulting agreement may be dependent upon appropriation and allotment of funds by the Texas Legislature. If the Legislature fails to appropriate or allot necessary funds, TAMUT will issue written notice to Respondent and TAMUT may terminate this Agreement without further duty or obligation hereunder.

Respondent acknowledges that appropriation of funds is beyond the control of TAMUT. In the event of a termination or cancellation under this Section, TAMUT will not be liable to Respondent for any damages that are caused or associated with such termination or cancellation.

5.21 Assignment

Respondent shall neither assign its rights nor delegate its duties under any resulting agreement without the prior written consent of TAMUT.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

5.22 Entire Agreement; Severability

Any resulting agreement, when fully executed, shall constitute the entire agreement between the parties and supersede all prior understandings. In case any one or more of the provisions contained in any resulting agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and any resulting agreement shall be construed as if such invalid, illegal, and unenforceable provision had never been contained herein.

EXHIBIT A — EXECUTION OF OFFER

TAMUT-RFQ-2018_082026In compliance with this RFP, and subject to all conditions herein, the undersigned offers and agrees to furnish the services described at the prices/fee structure proposed.

By signing below, Respondent certifies, among other things, that:

(i) its response is current, complete, true, and correct;

(ii) (ii) it has not given, and does not intend to give, any economic opportunity, gift, gratuity, or favor to a public servant in connection with this response or any subsequent proposal. Failure to sign below, or signing a false statement, may void the response or any resulting contracts at TAMUT’s option, and the

Respondent may be removed from all future proposal lists at this state agency;

(iii) the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract which may result from the submission of the Response;

(iv) (iv) no relationship exists between Respondent and a TAMUT/A&M System employee that has not been disclosed under Section 3.12;

(v) (v) Respondent has not been an employee of TAMUT or the A&M System within the twelve (12) months prior to this response;

(vi) (vi) no compensation has been received for participation in preparing this RFP (ref. § 2155.004, Texas

Government Code);

(vii) (vii) to the best of its knowledge, no member of the Board of Regents or executive officer of the A&M

System or its members has a financial interest, directly or indirectly, in the proposal; and

(viii) (viii) Respondent is not currently delinquent in Texas franchise tax, or is exempt.

Federal EIN/Taxpayer ID #: ______________________________________________

Vendor/Company Name: ______________________________________________

Authorized Signature: ______________________________________________

Name: ______________________________________________

Title: ______________________________________________

Street / City / State / Zip: ______________________________________________

Telephone / Email: ______________________________________________

EXHIBIT B — NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the

"RESPONDENT"), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other

RESPONDENTS, or with any official of TAMUS or any employee thereof, or any person, firm or corporation under contract with TAMUS whereby the RESPONDENT, in order to induce acceptance of the foregoing Proposal by said

TAMUS, has paid or is to pay to any other RESPONDENT or to any of the aforementioned persons anything of value whatever, and that the RESPONDENT has not, directly or indirectly entered into any arrangement or agreement with any other RESPONDENT or RESPONDENTS which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal.

The RESPONDENT hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other RESPONDENT, potential RESPONDENT, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other

RESPONDENTS or potential RESPONDENTS, or to obtain through any unlawful act an advantage over other

RESPONDENTS or TAMUS.

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the RESPONDENT without consultation with other RESPONDENTS or potential RESPONDENTS or foreknowledge of the prices to be submitted in response to this solicitation by other RESPONDENTS or potential RESPONDENTS on the part of the

RESPONDENT, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant. CONFLICT OF INTEREST

The undersigned RESPONDENT and each person signing on behalf of the RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of TAMUS, nor any employee, or person, whose salary is payable in whole or in part by TAMUS, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature: ______________________

Company: ______________________

Date: ____________

Subscribed and sworn to before me this ______ day of ____________, 20____.

Notary Public in and for the County of ____________________, State of ____________________. My commission expires: ____________________

EXHIBIT C — INSURANCE REQUIREMENTS

1. PROVIDER shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. General Liability, Auto Liability and Excess/Umbrella Liability insurance shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a current financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Texas A&M University-Texarkana. By requiring such minimum insurance, Texas A&M

University-Texarkana shall not be deemed or construed to have assessed the risk that may be applicable to

PROVIDER under this Agreement. PROVIDER shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. PROVIDER is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Texas A&M University-

Texarkana at least ten days before the effective date of the cancellation.

A. Worker’s Compensation

Worker’s compensation insurance with the following minimum limits of coverage:

Statutory Benefits (Coverage A) Statutory

Employers Liability (Coverage B) $1,000,000 Each Accident

$1,000,000 Disease/Employee

$1,000,000 Disease/Policy Limit

Workers’ compensation policy must include under Item 3.A., on the information page of the workers’ compensation policy, the state in which work is to be performed for Texas A&M University-Texarkana.

Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted.

If this coverage is waived by System Risk Management, PROVIDER, his/her employees and subcontractors must sign a hold harmless and indemnification agreement.

B. Automobile Liability Insurance

Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 combined single limit of liability per accident for bodily injury and property damage;

C. Commercial General Liability Insurance

Commercial general liability insurance with the following minimum limits of coverage:

Each Occurrence Limit $1,000,000

General Aggregate Limit $2,000,000

Products / Completed Operations $1,000,000

Personal / Advertising Injury $1,000,000

Damage to rented Premises $300,000

Medical Payments $5,000

The required commercial general liability policy must be issued on a form that insures PROVIDER’S or its subcontractors’ liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.

D. Excess/Umbrella Liability Insurance

PROVIDER shall maintain excess/umbrella liability insurance providing coverage in excess of all insurance required under this Agreement. Such coverage shall apply on a follow-form basis, or at a minimum, provide coverage no less broad than the underlying primary policies, including coverage for additional insureds where required. The policy shall be written with limits sufficient to ensure a combined total limit of not less than

$5,000,000 per occurrence and in the aggregate, as applicable, for the underlying policies.

E. PROVIDER shall deliver to Texas A&M University-Texarkana the evidence of insurance on a Texas

Department of Insurance approved certificate form, Acord form, letter of self-insurance or its equivalent verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services and/or Services by PROVIDER under this Agreement. PROVIDER shall provide additional evidence of insurance on an approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal.

F. Commercial General Liability and Auto Liability policies must be endorsed to name the Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and its member institutions, universities, and agencies as additional insureds up to the actual liability limits of the policies maintained by PROVIDER. The commercial general liability additional insured endorsements must include on-going and completed operations. Commercial general liability and business auto liability policies must be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance upon request.

G. PROVIDER hereby waives any and all rights of subrogation against the Board of Regents, The Texas A&M

University System and its member institutions, universities, and agencies. All insurance policies must be endorsed to provide a waiver of subrogation in favor of the Board of Regents for and on behalf of The Texas

A&M University System, The Texas A&M University System and its member institutions, universities, and agencies. Vendor’s waiver under this Section shall apply regardless of whether Vendor has obtained the required waiver of subrogation endorsement from its insurer.

H. PROVIDER shall send written notice to Certificate Holder ten (10) days prior to the effective date of cancellation, material change, or non-renewal relating to any insurance policy required hereunder.

I. PROVIDER shall pay any deductible or self-insured retention for any loss.

J. Certificates of insurance and additional insured endorsements as required by this Agreement must be submitted/emailed to the following Certificate Holder and/or Texas A&M University-Texarkana contact:

Certificate Holder:

Texas A&M University-Texarkana

Address:

7101 University Ave.

Texarkana, TX 75503

Email Address: contracts@tamut.edu

K. The insurance coverage required by this Agreement must be kept in force until all services and/or Services have been fully performed and accepted by Texas A&M University-Texarkana in writing.

L. Texas A&M University-Texarkana reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

mailto:contracts@tamut.edu

EXHIBIT D — VetHUB PARTICIPATION PLAN

Respondents shall address the following items at minimum within the HUB Participation Plan, submitted as a separately tabbed section of the proposal:

a. State whether Respondent is a Texas-certified HUB vendor.

b. State Respondent's commitment to a good faith effort to include HUB vendors.

c. Discuss general areas of potential subcontracting opportunity as related to golf course operations, maintenance, food & beverage supply, and marketing.

d. Describe how Respondent intends to locate HUB vendors for solicitation (e.g., the CMBL/HUB Directory at https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do, trade organization outreach, etc.).

e. Provide a list of trade organizations or development centers Respondent intends to work with (examples at https://comptroller.texas.gov/purchasing/vendor/hub/resources.php).

Upon execution of an agreement, additional documentation may be required, including a complete HUB

Subcontrac…