ESBD_557433_1788966033910_RFP 2027-001 Event Production, Audio, Visual, Lighting and Staging Services Final 9.9.2026.pdf

RFP 2027-001

Event Production, Audio, Visual, Lighting and Staging Services

PROPOSALS MUST BE RECEIVED BEFORE:

Wednesday, September 30, 2026 By 1:00 p.m. Central Time

Show RFP Number on Response Subject Title

LAREDO, TEXAS

Wednesday, September 9, 2026

TABLE OF CONTENTS

SECTION 1 GENERAL INFORMATION P.3

SECTION 2 SCOPE AND SERVICES P.6

SECTION 3 PROPOSAL SELECTION P.16

SECTION 4 PROPOSAL SUBMISSION INFORMATION P.17

SECTION 5 CONTRACT TERMS AND CONDITIONS P.19

EXHIBIT A EXECUTION OF PROPOSAL P.32

EXHIBIT B NON-COLLUSION AFFIDAVIT P.33

EXHIBIT C VET HUB SUBCONTRACTING PLAN P.34

SECTION 1

GENERAL INFORMATION

1.1 Introduction

Texas A&M International University (University), a member of the Texas A&M University System and state agency, is soliciting Respondents who are able to provide a complete, turn-key, audio visual, lighting and recording production for the University’s Fall and Spring Commencement Ceremonies. University commencement ceremonies take place at an off-campus arena venue, in December and May each year.

At this time, the University does not conduct commencement exercises in August. University is an institution of higher education located at 5201 University Boulevard, Laredo, TX. The selected contractor(s) must demonstrate competence in providing these services and have the qualifications necessary to perform the services outlined in this RFP.

1.2 University Information

Texas A&M International University (University), a proud Member of The Texas A&M University System, is a four-year, comprehensive State institution in Laredo, Texas. It is home to over 9,000 students from around the world and provides a learning environment built on a solid academic foundation in the arts and sciences. University offers a range of baccalaureate, master's, and doctoral degree programs in International Business Administration and Criminal Justice.

Throughout its storied, 55-year history, the University continues to aggressively seek opportunities for partnership and collaboration to deliver its higher education mission. The 300-acre campus is still growing, and will inaugurate its newest building, the Health Sciences Center, and an expansion of the University’s Western Hemispheric Trade Center this fall.

Our Fall 2025 enrollment included 9,141 students. University women outnumbered men, 62 percent to 38 percent, and 110 high schools comprised the Freshman Class of 2025. Of University students, 94% self-identify as minority.

University welcomes undergraduate and graduate students from 38 countries. Some 97% of students come from Texas counties, with 77% from Webb County. The overall average student age is 21 for undergraduates and 35 for graduates.

The NCAA Division II “Dustdevil” Athletics Program is part of the Lone Star Conference and offers 11 sports and has returned championship teams in Soccer, Basketball, and Softball. Campus life features 100+ student organizations, six leadership programs, and nine Greek organizations.

Washington Monthly Magazine’s 2025 College Guide has recognized the University in its new Best Four- Year Hispanic-Serving Colleges ranking. University also earned: a #2 ranking for Lowest Net Price in the South, #4 for Affordability, and #5 for Lowest Student Loan Debt. The University has also earned a spot among Texas’s top universities, ranking No. 8 in WalletHub’s 2025 College & University Rankings and standing as the only Texas A&M University System institution outside of Texas A&M University-College Station to make the state’s Top 10.

The University’s research and service centers serve multiple regional constituencies in dedicated collaborations, while the Office of Global and Community Engagement enhances University’s relationships in the U.S., other Western Hemispheric countries, and the world.

The University remains a committed and enthusiastic partner in the State of Texas's Veteran Heroes United in Business (VetHUB) program.

1.3 Purpose

The intent of this RFP is to allow all interested firms to provide a sufficient amount of information that will enable Texas A&M International University to determine which Respondent is, in fact, best able to meet the criteria that are to be considered in the award of Event Production, Audio, Visual, Lighting and Staging Services for the University.

Texas A&M International University may select one or more finalists based on the initial review and evaluation of the proposal responses. At the conclusion of the final review, the University will rank respondents in the order that they provide the “best value” for the University based on all information received.

By submitting responses, each Respondent certifies that it understands this RFP and has full knowledge of the scope and nature of the opportunity described herein. Each respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of Respondent.

1.4 Term of Contract(s)

The initial term of the awarded contract(s) shall become effective upon execution and extend for a period of five (5) years unless terminated earlier as provided within the terms of the Contract(s). The executed Contract(s) may be renewed by means of mutual written agreement between the parties for five (5) additional one-year terms. The total length of the contract may not exceed ten (10) years. Any changes or modifications to the Contract(s) must be in writing and signed by both parties.

1.5 Definitions

The following terms and phrases will have the meanings assigned unless the contract indicates a contrary meaning.

A. Addendum - A modification or addition issued by the University prior to the close of the RFP and which becomes part of the RFP.

B. Contract - The executed agreement between the selected Respondent and University.

C. Contract Administrator - The University employee who will administer the contract and be the point of contact for the selected Respondent.

D. Contractor - The individual, partnership, or corporation whose proposal is accepted and who enters into a contract with the University.

E. University - Texas A&M International University, an agency of the State of Texas.

F. Request for Proposal - The written notice inviting the submission of proposals for the specified requirements.

G. Respondent – Any individual, partnership, or corporation submitting a proposal.

H. Property(ies) – The University’s student housing properties, the Residential Learning Community and University Village.

1.6 Veteran Heroes United in Business Submittal Requirements

It is the policy of Texas A&M International University to encourage the use of qualified Veteran Heroes United in Business (VetHUBs) both directly and indirectly in prime contracts. The goal of the VetHUB program is to promote equal access and equal opportunity in A&M System contracting and purchasing.

Subcontracting opportunities are defined as those opportunities contracted with a vendor to work, to supply commodities, or contribute toward completing work for a governmental entity.

IMPORTANT NOTICE – VetHUB Subcontracting Plan (HSP): Pursuant to Texas Administrative Code (TAC), Section 20.285, Texas A&M International University has determined that subcontracting opportunities are probable for this RFP. Accordingly, a completed VetHUB Subcontracting Plan (HSP) is required to be included with any proposal submitted in response to this RFP.

Attachment C includes the information that will be required for the VetHUB Subcontracting Plan. In the event that you determine you will be using a subcontractor, please contact Cristina Calderon at cristinam.calderon@tamiu.edu for questions or assistance needed to complete the VetHUB Subcontracting Plan.

SECTION 2

SCOPE AND SERVICES

2.1 Service Requirements

Texas A&M International University is seeking proposals from qualified Respondents to provide comprehensive event production, audio/visual, lighting, staging, video production, livestreaming, recording, and related technical services.

The primary recurring requirement under this RFP will be the production of the University’s Fall and Spring Commencement exercises. In addition to Commencement, the University intends to utilize the resulting Contract(s) for other University events and production needs on an as-needed basis.

The services required under this RFP include, but are not limited to, the specific requirements outlined herein. Any services described using the terms “must” or “shall” are mandatory and must be provided as specified unless otherwise approved in writing by the University. Services described using the terms “may” or “can” provide Respondents flexibility to propose alternative methods for delivering those services.

The Contractor shall have the capability, personnel, equipment, experience, and resources necessary to provide professional event production services for events of varying size, complexity, location, and duration.

The University may award a Contract to one or more Respondents as determined to provide the best value to the University.

2.2 Scope:

A. Event Information

1. The University currently hosts Fall and Spring Commencement exercises at an off-campus arena venue in Laredo, Texas.

2. Commencement exercises generally take place during the middle of December and middle of May of each year. Specific ceremony dates, schedules, and production requirements will be provided to the Contractor sufficiently in advance of each event.

3. The University may conduct one or more Commencement ceremonies during each commencement period. Ceremony times, number of ceremonies, rehearsals, and related schedules may vary based upon University requirements.

4. The venue is generally configured using an end-stage arrangement with seating available throughout the arena.

5. Commencement production may incorporate live presentations, prerecorded video, photographs, graphics, music, presentations, and other multimedia content.

6. Attendance may include graduates, faculty, staff, platform party members, invited guests, and members of the public. Attendance for individual commencement periods may include several thousand participants and guests.

7. Contractor shall coordinate setup, production, rehearsals, operations, and strike with University representatives and venue personnel.

8. Contractor shall be responsible for confirming and maintaining any permissions, certifications, insurance requirements, labor requirements, or other qualifications necessary to perform services at the selected venue.

9. The University reserves the right to change the Commencement venue during the term of the Contract. Contractor shall work with the University and applicable venue representatives to accommodate such changes and develop any necessary modifications to the production plan and associated pricing.

B. Production Requirements

Contractor shall provide a complete, professionally managed Commencement production, including all equipment, personnel, transportation, setup, programming, testing, operation, strike, and other services necessary to successfully execute the event.

At a minimum, Contractor shall provide or be capable of providing the following:

1. Video Displays

a. One (1) professional-grade LED video display approximately 16 feet high by 32 feet wide, or University-approved equivalent;

b. Two (2) professional-grade LED video displays approximately 8 feet high by 16 feet wide, or University-approved equivalent, positioned to provide appropriate viewing from the audience seating areas;

c. Reference/confidence monitors for the platform party and other designated participants as requested by the University;

d. Video processing, switching, playback, distribution, cabling, mounting, rigging, and other equipment required for a complete production system.

2. Video Production

Contractor shall provide professional multi-camera video production capable of supporting live event presentation, recording, livestreaming, and other University broadcast requirements.

The production package shall include, at minimum:

a. Three (3) professional 4K fixed-position and/or remotely controlled cameras;

b. Two (2) professional 4K mobile cameras capable of capturing close-up and candid views of graduates, platform participants, speakers, and other ceremony activities;

c. Professional video switching, recording, playback, graphics, monitoring, communications, and related production equipment;

d. Integration of University-provided prerecorded videos, photographs, presentations, graphics, music, and other media;

e. Professional camera operators, video technicians, director/technical director, and other personnel necessary to execute the production;

f. Capability to provide livestreaming and/or other digital distribution of the ceremony as requested by the University.

3. Audio

Contractor shall provide professional audio production sufficient to ensure clear and consistent sound throughout the venue and within all recordings and livestreams.

Services shall include, as applicable:

a. Wireless microphones for members of the platform party, speakers, performers, and other participants;

b. Podium and/or lectern microphones;

c. Specialty microphones, including suspended or truss-mounted microphones when required for specific portions of the ceremony;

d. Audio mixing, processing, monitoring, playback, communications, and distribution equipment;

e. Integration and playback of prerecorded music, videos, announcements, and other audio content;

f. Coordination with existing venue audio systems when appropriate;

g. Professional audio engineers and technicians necessary to operate the production.

4. Lighting

Contractor shall provide professional production lighting necessary to appropriately illuminate the stage, stage surrounds, speakers, graduates, platform party, and other areas identified by the University.

Lighting shall be suitable for both the live audience experience and professional video recording and broadcast.

Contractor shall provide all lighting fixtures, controls, trussing, cabling, power distribution, operators, and related equipment necessary for the production unless otherwise provided by the venue.

5. Special Effects

When requested by the University, Contractor shall provide commencement special effects, which may include a confetti deployment using University-approved colors and materials.

Contractor shall coordinate any special effects with the University and venue and shall be responsible for obtaining necessary venue approvals and complying with applicable safety and operational requirements.

6. Recording and Final Deliverables

Contractor shall professionally record each Commencement ceremony.

Contractor shall provide the University with a fully mastered digital recording of each ceremony. The final deliverable shall incorporate appropriate camera feeds, audio, University-provided media, graphics, and other production elements.

The University shall retain the right to use, reproduce, archive, rebroadcast, distribute, and publish the final production deliverables for University purposes.

2.3 ADDITIONAL UNIVERSITY EVENT PRODUCTION SERVICES

In addition to Commencement, the University may utilize the resulting Contract(s) for event production and related services on an as-needed basis.

Events may occur on the University campus or at other locations designated by the University and may vary substantially in size, complexity, duration, and technical requirements.

Events may include, but are not limited to:

a. Presidential and executive events;

b. Convocations and academic ceremonies;

c. Investitures;

d. Conferences, lectures, and symposiums;

e. Performances and cultural events;

f. Student programs and activities;

g. Athletic events;

h. Donor, alumni, and community events;

i. Groundbreakings, ribbon cuttings, dedications, and building openings;

j. University celebrations and special events;

k. Meetings and presentations;

l. Outdoor events; and

m. Other University-sponsored programs and activities.

The University may request individual services, equipment rentals, technical personnel, complete event production packages, or any combination thereof.

2.4 AVAILABLE EQUIPMENT AND TECHNICAL SERVICES

Contractor shall have the capability to provide a broad range of professional event production equipment and services. Such services may include, but are not limited to:

A. Audio

1. Professional sound reinforcement systems;

2. Digital and analog mixing consoles;

3. Wired and wireless microphones;

4. Speakers, subwoofers, monitors, and related systems;

5. Audio playback and recording;

6. Intercom and production communication systems;

7. Audio engineers and technicians.

B. Video

1. LED video walls;

2. Projection systems;

3. Professional displays and monitors;

4. Confidence monitors;

5. Professional video cameras;

6. Video switching and processing;

7. Playback and graphics systems;

8. Video recording;

9. Livestreaming and webcasting;

10. Video technicians, camera operators, directors, and related personnel.

C. Lighting

1. Stage and theatrical lighting;

2. Intelligent lighting systems;

3. Spotlights;

4. Lighting control systems;

5. Trussing and related support systems;

6. Lighting technicians and operators.

D. Staging and Production Infrastructure

1. Staging and stage platforms;

2. Risers;

3. Trussing;

4. Rigging;

5. Pipe and drape;

6. Scenic and production elements;

7. Production-related power distribution;

8. Cabling and cable management;

9. Equipment support structures; and

10. Other production infrastructure as requested by the University.

E. Production Services

1. Event production management;

2. Technical direction;

3. Show direction and show calling;

4. Production planning;

5. Equipment delivery and pickup;

6. Setup and strike;

7. Equipment testing;

8. Technical rehearsals;

9. Event operation;

10. Recording and post-production; and

11. Other related production services.

Equipment specifications identified within this RFP establish the University’s current production requirements. The University may consider newer, comparable, or functionally equivalent technology during the Contract term, subject to University approval.

2.5 PERSONNEL AND PRODUCTION MANAGEMENT

Contractor shall provide appropriately trained and experienced personnel for each event.

Depending upon the requirements of an individual event, personnel may include:

a. Production managers;

b. Technical directors;

c. Show directors/show callers;

d. Audio engineers;

e. Video engineers;

f. Camera operators;

g. Lighting directors and technicians;

h. LED/video wall technicians;

i. Stage technicians;

j. Rigging personnel;

k. Livestream/broadcast technicians;

l. General production labor; and

m. Other specialized personnel necessary to successfully execute the event.

Contractor shall designate a primary representative responsible for coordinating services with the University.

For major events, including Commencement, the Contractor shall designate a production lead who will participate in planning meetings and serve as the primary operational point of contact before and during the event.

Contractor shall be responsible for the supervision, conduct, safety, and performance of its personnel and subcontractors.

2.6 EVENT PLANNING AND COORDINATION

For events requiring production planning, Contractor shall work collaboratively with designated University representatives and other parties involved in the event.

Depending upon the scope and complexity of the event, Contractor may be required to participate in:

a. Pre-production meetings;

b. Venue walkthroughs and site visits;

c. Development of production schedules;

d. Equipment and staffing plans;

e. Stage and equipment layouts;

f. Technical rehearsals;

g. Sound checks;

h. Video and presentation testing;

i. Livestream testing;

j. Coordination with venue personnel;

k. Coordination with other University contractors and service providers; and

l. Post-event review.

For major events, Contractor shall provide the University with an event-specific production plan identifying equipment, staffing, setup schedule, production schedule, technical requirements, and other information requested by the University.

2.7 EVENT SERVICE REQUESTS AND QUOTATIONS

For University events other than the recurring Commencement production package, the University may request services from the Contractor on an as-needed basis.

Upon receiving a request, Contractor shall provide the University with an itemized written quotation identifying, at minimum:

a. Equipment to be provided;

b. Quantity and applicable equipment rates;

c. Personnel and estimated labor hours;

d. Setup and strike requirements;

e. Delivery and transportation charges, if applicable;

f. Production management or technical fees, if applicable;

g. Travel expenses, if applicable;

h. Taxes or other charges, if legally applicable;

i. Event schedule;

j. Total proposed cost; and

k. Any assumptions, exclusions, or special requirements associated with the quotation.

No work shall commence until authorized by the University in accordance with University purchasing and contracting procedures.

Contractor shall not exceed an approved quotation without prior written authorization from the University.

2.8 PRICING

Respondents shall provide pricing sufficient for the University to evaluate both the recurring Commencement requirement and additional services that may be requested throughout the Contract term.

A. Commencement Production Pricing

Respondent shall provide a complete price for the Commencement production requirements described in Section 2.2.

Pricing shall clearly identify what equipment, personnel, setup, rehearsals, event operation, strike, recording, post-production, transportation, and other services are included.

Respondent shall identify any assumptions or exclusions associated with its Commencement pricing.

B. Equipment and Service Rate Schedule

Respondent shall provide a comprehensive rate schedule for equipment and services that may be requested by the University during the Contract term.

Rates should identify applicable daily, event, weekly, or other pricing units.

C. Labor Rates

Respondent shall provide labor rates by applicable personnel classification, including regular, overtime, holiday, minimum-call, or other rates as applicable.

D. Additional Charges

Respondent shall clearly identify any additional charges that may apply, including:

1. Delivery and transportation;

2. Setup and strike;

3. Travel;

4. Production management;

5. Equipment preparation;

6. Overtime;

7. Minimum labor calls;

8. Emergency or expedited service; and

9. Other fees not otherwise included in the Respondent’s rates.

Charges not disclosed within the Respondent’s proposal or subsequently approved in writing by the University shall not be billed to the University.

E. Price Escalation

Respondent shall identify any proposed price escalation methodology applicable during successive years of the Contract.

Any price escalation shall be subject to the terms of the resulting Contract and approval by the University.

2.9 SUBCONTRACTORS

Subcontractors may be used in the performance of services under the resulting Contract. If Respondent intends to utilize subcontractors, subcontractors shall possess qualifications and experience appropriate for the services they will perform.

Use of subcontractors shall not relieve Contractor of responsibility for the complete and satisfactory performance of services.

Respondents planning to subcontract any portion of the work shall identify proposed subcontractors within their response to the RFP as required by the University.

Contractor shall remain the primary point of contact for the University and shall be responsible for coordination and management of all subcontractors.

The University reserves the right to approve or reject subcontractors in accordance with applicable University and Texas A&M University System requirements.

2.10 RESPONDENT SUBMITTALS

Respondent shall submit the following information within its proposal to demonstrate its experience and ability to perform the services contemplated under this RFP:

A. Video, photographs, or other samples of representative event production work. Samples may be provided electronically through links or other digital means.

B. A brief description of at least three (3) recent projects of similar size, scope, or complexity.

Respondent should identify the type of event, services provided, approximate event size, project duration, and deliverables provided.

C. Demonstrated experience providing production services for commencement exercises, graduations, large-scale ceremonies, arena events, or other comparable productions.

D. A description of Respondent’s capabilities to provide the audio/visual, video production, livestreaming, lighting, staging, technical personnel, and other event production services contemplated under this RFP.

E. Identification of any proposed subcontractors that Respondent anticipates utilizing in the performance of services under the resulting Contract.

F. Copy of Respondent’s standard contract, including any proposed price escalation provisions applicable to successive years of the Contract.

2.11 NO GUARANTEED VOLUME

The University does not guarantee any minimum number of events, expenditures, or volume of work under the resulting Contract. Additional services will be requested on an as-needed basis as determined by the University.

2.12 NON-EXCLUSIVE CONTRACT

Any Contract awarded as a result of this RFP shall be non-exclusive. The University reserves the right to utilize University-owned equipment and personnel, venue-provided services, other existing contracts, or other service providers when determined to be in the best interest of the University.

SECTION 3

PROPOSAL SELECTION

3.1 Proposal Selection

A. Selection of the successful proposal in response to this RFP will be made using the competitive sealed proposal process. The selection of the successful proposal may be made by University on the basis of the proposals initially submitted without discussion, clarification, or modification. In the alternative, the selection of the successful proposal may be made by University on the basis of negotiation with any of the Respondents.

University shall not disclose any information derived from the proposals submitted by competing Respondents in conducting such discussions.

B. The evaluation of the proposals shall be based on a development that the University deems to represent the best value to the University. The RFP provides the information necessary to prepare and submit proposals for consideration by the University. All properly submitted proposals will be reviewed, evaluated, and ranked by the University.

The University will rank the Respondents in the order that they provide the overall “best value” to the University based on an evaluation of the responses to the RFP. The University may select one or more of the top ranked Respondents as part of the evaluation process.

After proposal tabulation and such investigation of Respondents as the University deems appropriate, an award may be made to the firm whose proposal it judges to represent the best value to the University. Final determination for award will be made on the overall best value to the University. The University reserves the right to reject any or all proposals.

No award will be made until the University is fully satisfied that the Respondent selected is professionally, financially and otherwise competent and capable of entering into a long-term engagement and comply with the terms and conditions specified in the agreement.

By submitting its proposal in response to this RFP, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” firm(s) will require subjective judgments by the University.

C. At University’s sole option and discretion, University may discuss and negotiate all elements of the proposals submitted by the selected Respondents within a specific competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest-rated proposals. Further action on proposals not included within the competitive range will be deferred pending the selection of the successful proposal; however, the University reserves the right to include additional proposals in the competitive range if deemed to be in the best interest of the University.

D. After the submission of the proposal, but before the final selection of a Contractor is made, University may permit a Respondent, or Respondents, within a competitive range the ability to revise their proposal(s) in order to obtain a “Best and Final” offer. A request for a Best and Final offer is at the sole discretion of the University and will be extended in writing. Award of a contract may be made without Best and Final offers.

E. University is not bound to accept any proposal that is not best value and/or most advantageous to University as determined solely by University. Best value will be determined based on the criteria listed within this RFP and determined to be the best value for the University as defined by Texas Education Code 51.9335.

F. All proposals must be complete and convey all of the information requested to be considered responsive. If a proposal fails to conform to the essential requirements of the RFP, University will determine whether the variance is significant enough to consider the proposal acceptable and, therefore, a Respondent for further consideration.

SECTION 4

PROPOSAL SUBMISSION INFORMATION

4.1 RFP Schedule

EVENT DATE

Issue and Publicly Post RFP Wednesday, September 9, 2026 Deadline for submission of Respondent questions Wednesday, September 16, 2026 University responses to submitted questions are due Wednesday, September 23, 2026 Deadline for submission of proposals Wednesday, September 30, 2026 Notification to selected Contractor Friday, October 9, 2026 Contract start (planned) Tuesday, December 1, 2026

Texas A&M International University will make every effort to adhere to the above schedule. However, the schedule is subject to change in the event that further clarification of responses or terms of the contract is in the best interest of the University and/or in the event that more time is required to ensure that the selection of the Contractor is in accordance with policies, rules, and regulations.

University reserves the right to request interviews from Respondents as deemed necessary. Such interviews will be coordinated between the RFP Contact and the Respondent contact.

4.2 Proposal Submissions

A. All proposals must be received at the University Office of Purchasing and Contracts by 1:00 pm.

Central Time on Wednesday, September 30, 2026

Proposals must be sent electronically to:

Cristina Calderon Office of Purchasing and Contracts cristinam.calderon@tamiu.edu

B. Respondents must submit copies electronically.

C. No late submissions will be accepted.

D. All proposals should be identified with the RFP number and submittal due date in the e-mail.

E. Respondents to this RFP are responsible for all costs of proposal preparation.

F. Responses submitted shall constitute an offer for a period of ninety (90) days or until an award is made by the University.

G. Proposals must include all Exhibits required to be included as part of this RFP (Execution of

Proposal, Non-Collusion Affidavit, VetHUB Plan, etc.).

H. Respondent proposals must include copies of all addenda issued as an acknowledgment of receipt with the Respondent representative’s signature.

4.3 Respondents must provide the following in the proposal

A. Company introduction and information B. Demonstrated experience and qualifications C. References where similar services are provided D. Certificate of Insurance E. Signed Execution of Proposal

4.4 RFP Contact

Any questions regarding this RFP shall be directed in writing ONLY to the following:

Cristina Calderon at cristinam.calderon@tamiu.edu.

4.7 Terms and Conditions

All terms and conditions and other requirements contained in this RFP shall govern any contract issued as a result of this RFP. Additional or attached terms and conditions which are determined to be unacceptable to University may result in the disqualification of the proposal.

4.8 Inquiries and Interpretations

mailto:cristinam.calderon@tamiu.edu mailto:cristinam.calderon@tamiu.edu

Responses to inquiries that directly affect an interpretation or change to this RFP will be issued in writing by addendum. Only inquiries that are replied to by formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

Notice: It is the responsibility of Respondents to check the Electronic State Business Daily (http://esbd.cpa.state.tx.us) for any addenda issued. All such addenda issued by University prior to the time that proposals are received shall be considered part of the RFP. The Respondent shall consider and acknowledge receipt of such addenda by including signed copies of the addenda in the proposal.

4.9 Confidential Information

University considers all information, documentation, and other materials requested to be submitted in response to the solicitation to be of a non-confidential and/or non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552) after a contract is awarded.

Subject to the Act, respondents may protect trade and confidential information from public release. Trade secrets or other confidential information submitted as part of a proposal shall be clearly marked (in boldface type, at least 14-point font) on each page where it appears. Parties will take reasonable precautions in protecting such information, provided that such information is clearly identified as proprietary or confidential.

Respondents are hereby notified that the University strictly adheres to all statutes, court decisions, and the opinions of the Texas Attorney General regarding the disclosure of confidential information.

SECTION 5

CONTRACT TERMS AND CONDITIONS

These Terms and Conditions shall be made a part of and govern any contract and/or purchase order(s) resulting from this Request for Proposals.

A response to a solicitation is an offer to contract with University based on the terms, conditions, and specifications contained in the solicitation. Responses do not become contracts unless and until an authorized representative of the University accepts them.

1. SPECIFICATIONS. The services performed shall be in accordance with the specifications herein. The

University will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality or acceptability of work performed. The University will decide the rate of progress of the work and the acceptable fulfillment of the service on the part of the Contractor.

http://esbd.cpa.state.tx.us/

2. TIME OF PERFORMANCE. Time is of the essence in the implementation of the awarded contract. The

Contractor agrees to perform all obligations and render services set forth per this proposal.

3. PATENTS OR COPYRIGHTS. The Contractor agrees to protect the University and the State from claims involving infringement of patents or copyrights.

4. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local laws, executive orders, rules, and regulations applicable to the performance of its obligations under this Agreement.

5. DATA PRIVACY. CONTRACTOR shall hold UNIVERSITY’s data in confidence. CONTRACTOR shall only use or disclose UNIVERSITY’s data for the purpose of fulfilling CONTRACTOR’s obligations under this Agreement, as required by law, or as otherwise authorized in writing by UNIVERSITY. CONTRACTOR shall restrict disclosure of the UNIVERSITY’s data solely to those employees, subcontractors or agents of CONTRACTOR that have a need to access the UNIVERSITY’s data in order for CONTRACTOR to perform its obligations under this Agreement. CONTRACTOR shall require any such subcontractors or agents to comply with the same restrictions and obligations imposed on CONTRACTOR in this Agreement.

CONTRACTOR shall, within two (2) days of discovery, report to UNIVERSITY any use or disclosure of UNIVERSITY’s data not authorized by this Agreement or in writing by UNIVERSITY. CONTRACTOR’s report must identify: (a) the nature of the unauthorized use or disclosure, (b) the UNIVERSITY data used or disclosed, (c) who made the unauthorized use or received the unauthorized disclosure, (d) what CONTRACTOR has done or will do to mitigate any deleterious effect of the unauthorized use or disclosure, and (e) what corrective action CONTRACTOR has taken or will take to prevent future similar unauthorized use or disclosure. CONTRACTOR shall provide such other information, including a written report, as reasonably requested by UNIVERSITY.

CONTRACTOR must promptly notify UNIVERSITY of any legal request for UNIVERSITY’s data from a third party and take (and assist UNIVERSITY in taking) appropriate steps not to disclose such UNIVERSITY data.

Within thirty (30) days of the expiration or termination of this Agreement, CONTRACTOR, as directed by UNIVERSITY, shall return all UNIVERSITY data to UNIVERSITY in its possession (or in the possession of any of its subcontractors or agents) or delete all such UNIVERSITY data if return is not feasible. CONTRACTOR shall provide UNIVERSITY with at least ten (10) days’ written notice of CONTRACTOR’s intent to delete such UNIVERSITY data, and shall confirm such deletion in writing.

6. ENTIRE AGREEMENT. This Agreement, together with its exhibits and the Vendor Contract

Addendum, constitutes the entire and only agreement between the Parties relating to the subject matter hereof and supersedes any prior understanding, written or oral agreements between the Parties, or “side deals” which are not described in this Agreement. This Agreement may be amended only by a subsequent written agreement signed by authorized representatives of both Parties.

7. FORCE MAJEURE. Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement if and to the extent such failure or delay is caused by or results from causes beyond the affected Party’s reasonable control, including, but not limited to, acts of God, strikes, riots, flood, fire, epidemics, natural disaster, embargoes, war, insurrection, terrorist acts or any other circumstances of like character; provided, however, that the affected Party has not caused such force majeure event(s), shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either Party shall provide the other Party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure, including describing the force majeure event(s) and the actions taken to minimize the impact of such event(s).

8. INDEMNIFICATION. Subject to the statutory duties of the Texas Attorney General, CONTRACTOR shall indemnify, defend and hold harmless UNIVERSITY, A&M System, and their regents, employees and agents (collectively, the “A&M System Indemnitees”) from and against any third-party claims, demands, damages, liabilities, expense or loss asserted against A&M System Indemnities (each, a “Claim”) arising out of or related to (i) an allegation that any of the Services infringe upon, misappropriate, or otherwise violate the intellectual property rights of a third party; (ii) CONTRACTOR’s breach of any certification, representation, or warranty contained in this Agreement; or (iii) any acts or omissions of CONTRACTOR or its employees or agents pertaining to the activities and obligations under this Agreement, except to the extent such Claim arises from an A&M System Indemnitee’s gross negligence or willful misconduct.

9. INDEPENDENT CONTRACTOR. Notwithstanding any provision of this Agreement to the contrary, the

Parties hereto are independent contractors. No employer-employee, partnership, agency, or joint venture relationship is created by this Agreement or by CONTRACTOR’s service to UNIVERSITY.

Except as specifically required under the terms of this Agreement, CONTRACTOR (and its representatives, agents, employees and subcontractors) will not represent themselves to be an agent or representative of UNIVERSITY or the A&M System. As an independent contractor, CONTRACTOR is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to workers’ compensation insurance. CONTRACTOR and its employees shall observe and abide by all applicable policies, regulations, rules and procedures of UNIVERSITY and A&M System, including those applicable to conduct on its premises.

10. INSURANCE. CONTRACTOR 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 International University. By requiring such minimum insurance, the Texas A&M International University shall not be deemed or construed to have assessed the risk that may be applicable to CONTRACTOR under this Agreement. CONTRACTOR shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. CONTRACTOR 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 International University 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 International University. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted.

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 CONTRACTOR 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

CONTRACTOR 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. CONTRACTOR shall deliver to Texas A&M International University 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. CONTRACTOR 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 CONTRACTOR. 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. CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR 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 International University contact:

Certificate Holder:

Texas A&M International University Address:

5201 University Blvd.

Laredo, TX 78041 Email Address: contracts@tamiu.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 International University in writing.

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

11. NO IMPEDIMENTS. CONTRACTOR represents and warrants that there are no obligations, commitments, third party rights, or impediments of any kind that will limit or prevent CONTRACTOR’s performance of the Services.

12. NON-ASSIGNMENT. CONTRACTOR shall neither assign its rights nor delegate its duties under this

Agreement without the prior written consent of UNIVERSITY. Any purported assignment in violation of this paragraph will be void.

13. NO WAIVER. The failure of either Party at any time to require performance by the other Party of any provision of this Agreement will in no way affect the right to require such performance at any time thereafter nor will the waiver by either Party of a breach of any provision be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.

14. ORGANIZATION. If CONTRACTOR is a business entity, CONTRACTOR warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver this Agreement, and the individual executing this Agreement on behalf of CONTRACTOR has been duly authorized to act for and bind CONTRACTOR. Upon UNIVERSITY’s request, CONTRACTOR shall promptly deliver to UNIVERSITY (i) a certificate of good standing certified by the appropriate governmental officer in its jurisdiction of incorporation or organization; and (ii) a certificate of fact issued by the Texas Secretary of State.

15. REFUND OF DEPOSIT/PREPAYMENT. In the event this Agreement is canceled and/or terminated by

CONTRACTOR for reason not attributable to UNIVERSITY or if canceled and/or terminated by UNIVERSITY for default of performance by CONTRACTOR, then within thirty (30) days after cancellation and/or termination, CONTRACTOR will reimburse UNIVERSITY for all advance payments paid by UNIVERSITY to CONTRACTOR that were (i) not earned by CONTRACTOR prior to cancellation and/or termination, or (ii) for goods or services that the UNIVERSITY did not receive from CONTRACTOR prior to cancellation and/or termination.

16. SEVERABILITY. In case any one or more of the provisions contained in this 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 this Agreement shall be construed as if such invalid, illegal, and unenforceable provision had never been contained herein. The Parties agree that any alterations, additions, or deletions to the provisions of the Agreement that are required by changes in federal or state law or regulations are automatically incorporated into the Agreement without written amendment hereto and shall become effective on the date designated by such law or by regulation.

17. SURVIVAL. Any provision of this Agreement that may reasonably be interpreted…