ESBD_File_347993_IFB 2024-B07 Cemetery Maintenance.pdf

IFB 2024-B07 Cemetery Maintenance Page 1 of 38

SOLICITATION, OFFER

AND AWARD

Hays County Auditor Purchasing Office

712 S. Stagecoach Trail, Suite 1012 San Marcos, Texas 78666

Solicitation No.:

IFB 2024-B07 Cemetery Maintenance Date Issued: January 18, 2024

SOLICITATION

Vendors must submit proposals as listed: One (1) original and one (1) digital copy on a thumb drive at the Hays County Purchasing Office at the address shown above or Electronically through BidNet Direct and one (1) hard copy at the Hays County Purchasing Office at the address shown above until:

10:00 a.m. local time February 15, 2024.

Proposals received after the time and date set for submission will be returned unopened.

For information please email:

purchasing@co.hays.tx.us

Questions concerning this IFB must be received in writing no later than 5:00 on January 25, 2024.

Phone No.: (512) 393-2267

OFFER (Must be fully completed by Respondent)

In compliance with the above, the undersigned offers and agrees to furnish all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein. Award shall include all solicitation documents and attachments.

MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY.

Respondent Respondent’s Authorized Representative Entity Name:

Mailing Address:

Name:

Title:

Email Address:

Phone No.:

Signature: Date:

Name, Email Address and Phone No. of person authorized to conduct negotiations on behalf of Respondent:

NOTICE OF AWARD (To be completed by County) Funding Source: Awarded as to item(s): Contract Amount:

Vendor: Term of Contract:

This contract issued pursuant to award made by Commissioners Court on:

Date: Agenda Item:

Important: Award notice may be made on this form or by other Authorized official written notice.

Hays County Judge

Date

Hays County Clerk Date mailto:purchasing@co.hays.tx.us

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Table of Contents

Solicitation, Offer and Award

I. IFB Submittal Checklist

II. Summary

III. Specifications

A. Introduction

B. Scope of Work

C. Frequency of Normal Maintenance

D. Qualifications

E. Mandatory Bid Form

F. Submittal Requirements

G. Award of Contract

H. Contract Term & Price Determination

I. Warranty of Performance

IV. General Terms and Conditions for Solicitations

V. Vendor Reference Form

VI. Certificate of Interested Parties

VII. Conflict of Interest Questionnaire

VIII. Code of Ethics

IX. HUB Practices

X. House Bill 89 Verification

XI. Senate Bill 252 Certification

XII. Debarment & Licensing Certification

XIII. Vendor/Bidder’s Affirmation

XIV. Related Party Disclosure Form

XV. Federal Affirmations and Solicitation Acceptance

Attachment A: 2024-B07 Bid Form

Attachment B: Location Maps

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I. IFB Submittal Checklist

This checklist is provided for the Vendor’s convenience and identifies the documents that MUST be submitted for the bid/proposal to be considered responsive, as well as the required forms requested by Hays County.

A COMPLETE SOLICITATION RESPONSE PACKAGE INCLUDES:

The following forms MUST be returned for the bid/proposal to be considered responsive:

____ 1. Solicitation, Offer and Award Form completed and signed

____ 2. Mandatory Bid Form: Attachment A

____ 3. Vendor Reference Form

Required Forms by Hays County:

____ 1. Conflict of Interest Questionnaire completed and signed

____ 2. Code of Ethics signed

____ 3. HUB Practices signed

____ 4. House Bill 89 Verification signed and notarized

____ 5. Senate Bill 252 Certification

____ 6. Debarment & Licensing Certification signed and notarized

____ 7. Vendor/Bidder’s Affirmation completed and signed

____ 8. Related Party Disclosure Form

____ 9. Federal Affirmations and Solicitation Acceptance

____ 10. System for Award Management (www.SAM.gov) Printout

____ 11. Any addenda applicable to this solicitation

Hays County will accept bids, by the stated due date by one of the following methods:

____ 1. Electronic Submission of Bid Packet through BidNet Direct and one (1) hard copy delivered, within 24 hours of proposal due date, in a sealed envelope with the Solicitation Number and Vendor’s name on the outermost envelope addressed to: Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666

OR

____ 2. One original of the proposal and a digital copy on a thumb drive in a sealed envelope with the Solicitation

Number and Vendor’s Name on the outermost envelope, addressed to:

Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666 http://www.sam.gov/

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II. Summary

1. Type of Solicitation: Invitation for Bid

2. Solicitation Number: IFB 2024-B07

Cemetery Maintenance

3. Issuing Office: Hays County Purchasing Office 712 S. Stagecoach Trial, Suite 1012 San Marcos, TX 78666

4. Responses to Solicitation: Sealed proposals marked with Solicitation Number and Vendor Name on the outermost envelope Manual: One (1) Original and one (1) digital copy on a thumb drive, or

Electronic: Proposals can be submitted through BidNet Direct and one (1) hard copy is required to be received within 24 hours of due date.

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

February 15, 2024; 10:00 a.m. Central Time (CT)

6. Initial Contract Term: March 2024 – March 2025

7. Optional Contract Terms: Four (4), one-year renewal options

8. Designated Contact: Hays County Purchasing Email: purchasing@co.hays.tx.us

9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than January 25, 2024; 5:00 p.m. CT. Telephone inquiries will not be accepted.

Questions may be submitted by email to the address above. Answers to questions will be provided in the form of an addendum posted after the question deadline on the CivicPlus, BidNet Direct, and ESBD websites for the benefit of all potential respondents. The County reserves the right to contact the person submitting a question to clarify the question received, if necessary. Each clarification, supplement, or addenda to this IFB, if any, will be posted on the CivicPlus, BidNet Direct and ESBD websites. All potential or actual respondents are responsible for monitoring the websites for such materials. Respondents are deemed to have notice of, and are required to comply with, any such material posted in accordance with this paragraph. Respondents should not rely upon any other sources of written or oral responses to inquiries.

10. Addenda Any interpretations, corrections or changes to this IFB and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Hays County Purchasing Office. It is the Respondent’s responsibility to acknowledge receipt of all addenda with proposal submission.

mailto:purchasing@co.hays.tx.us

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11. Contact with County Staff: Upon issuance of this solicitation, employees and representatives of

Hays County, other than the Purchasing Office staff identified as the Designated Contact above, will not discuss the contents of this solicitation with any Respondent or its representatives. Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

Anticipated Schedule of Events January 18, 2024 Issuance of IFB January 25, 2024 Deadline for Submission of Questions (5:00 PM CT) February 15, 2024 Deadline for Submission of Proposals (10:00 AM CT)

Late bids will not be accepted.

March 2024 Anticipated contract award date

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III. Specifications

A. Introduction

Hays County issues this Invitation for Bid (IFB) to solicit bids for a vendor to provide the County with grounds maintenance at various cemeteries throughout Hays County. Listed below are the locations within Hays County seeking immediate services. Note that Hays County has other locations that could need grounds maintenance in the future, and the addition of these locations would fall under this contract, as well as and changes in current grounds maintenance needs.

Locations & Approximate acreage: (see Appendix A for greater Detail)

Allen Family Cemetery Buda, Chisolm Trail 1.5 acres Antioch Cemetery Buda, Old Black Colony Road 2.6 acres Cemeterio Del Rio San Marcos, located off FM 621 (Staples Rd.) 2 acres Cocke Cemetery Buda, Hy Road 1 acre Coronado Cemetery Buda, Mathis Lane .90 acre Guadalupe Cemetery San Marcos, Post Road 4.16 acres Hays County Indigent Cemetery Adjacent to San Pedro Cemetery 2.20 acres Hector Family Cemetery San Marcos, Rattler Rd. – Cottonwood Creek Sub. .09 acre Kyle Family Pioneer Cemetery Kyle, Post Road ½ acre Phillips Cemetery Dripping Springs, RR 12/150 Intersection 2 acres Pitts Cemetery San Marcos, Hunter Road, South of McCarty .89 acre San Marcos/Blanco Cemetery San Marcos, Post Road 10 acres San Pedro Cemetery San Marcos, Posey Rd & CR 266 3.61 acres San Vicente Cemetery Kyle, Old Stagecoach Road 1.6 acres

B. Scope of Work The contractor shall provide all labor, equipment, tools, materials, chemicals, supplies, supervision, incidentals, and other items or services necessary to perform normal maintenance of cemeteries. No soft headstones are known to exist in any listed cemetery. If such stones are found, it will be the contractor’s responsibility to notify the County Representative.

Normal Maintenance:

Normal maintenance is defined as mowing all areas within the property limits, trimming (weed eating) around all gravesites, trimming (weed eating) along the interior and exterior of all fence lines , removing and disposing of dead vegetation, removing and disposing of deteriorated grave decorations, pickup and disposal of trash, garbage, and litter, collection and disposal of fallen limbs, cutting and disposal of sprouted brush/saplings (2” diameter and less) as necessary or as directed by the County Representative. All materials collected for disposal shall be removed from the site on the day work it is collected.

• All cut brush and sapling stumps shall be treated with an approved herbicide.

• Weeds in the gravel at gravesites shall be treated with an approved herbicide. All small trees, overgrown shrubs, or other plant material which germinates or are currently growing near headstones, curbs or other objects that, due to their delicate condition, could be damaged, shall be removed or cut using hand operated tools and treated with herbicide.

• The successful bidder shall furnish the County with a list of any and all herbicides proposed for use. The County shall have the authority to reject use of any herbicides it feels may cause damage to the environment or headstones. All herbicides will be applied by a licensed applicator, on the payroll of the Contractor, whose certification is on file at the Purchasing office.

• All fence lines, sidewalks, drives, walkway, and any concreted areas shall be edged either with approved herbicides, power equipment, or hand tools as directed by the County Representative.

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• No tree or sapling stump removal will be required under Normal Maintenance. No whole tree removal will be required under Normal Maintenance.

Additional Maintenance Services:

Additional maintenance services, as requested by the County Representative, shall be billed on a per man-hour basis. These additional services may include, but will not be limited to, ground-level tree trimming (pole-saw use), whole tree removal, windstorm debris cleanup, and clean-up of vandalized areas. Disposal of debris generated and collected by additional maintenance services shall be the responsibility of the County.

A designated County Representative and the successful bidder shall tour properties a minimum of once every three (3) months to determine which saplings and brush, if any, are to be removed during the next maintenance cycle. Upon notification that maintenance is required, the work must be done within one week of the notification. The County Representative shall be notified in writing or by email two (2) days prior to work beginning on any site. The County Representative shall be notified by phone when crews arrive at each site when additional maintenance services are authorized.

Work Schedules:

Attachment A: IFB 2024-B07 Bid Form, lists each location and should be filled out as a price per site, per service and additional service man hour rate.

• Maintenance shall occur Monday through Saturday between 8 a.m. and 6 p.m.

• There shall be no services on Sundays unless otherwise requested by Hays County.

• Normal maintenance as directed by the County Representative will be performed on a per site basis. During the season in which wildflowers bloom, the flowers shall not be mowed until seeds have dropped or as directed by the County Representative. Weather conditions and actual growth of grass will determine the maintenance schedule and the actual number of sites maintained during each cycle. During the following months, maintenance shall be performed one (1) week before the holidays listed or as directed by the County Representative:

January No maintenance expected February No maintenance expected March No maintenance expected April Easter-maintenance as directed during the week prior to Good Friday, avoid cutting large patches of wildflowers May Mother’s Day-maintenance as directed during the week prior to Mother’s Day, avoid cutting large patches of wildflowers---and maintenance required during the week prior to Memorial Day, avoid cutting large patches of wildflowers

June Father’s Day-maintenance as directed during the week prior to Father’s Day July Independence Day-maintenance as directed during the week prior to Independence

Day August maintenance as directed by County Representative September Labor Day-maintenance as directed during the week prior to Labor Day October maintenance as directed during the last week of the month November Veteran’s Day-maintenance as directed during the week prior to Veteran’s Day and maintenance required during the week prior to Thanksgiving Day December Christmas-maintenance as directed during the week prior to Christmas

No holiday or overtime work is authorized without prior approval of the Contract Administrator. Should inclement weather conditions or problems beyond the control of the Contractor interrupt or delay

IFB 2024-B07 Cemetery Maintenance Page 8 of 38 service, the Contractor shall: advise the Contract Administrator of the stoppage or delay and advise the Contract Administrator of the alternate service day.

In addition to the schedule stated above, upon notice from the County Representative that normal maintenance is required at a site, the contractor shall perform the required work within one (1) week of notification.

Damages/Safety and Cleanliness:

Contractor shall provide for a neat, clean, and safe environment at all times during all work. Contractor and his employees shall be of neat appearance and conduct themselves in a professional manner while working for Hays County.

Contractor shall take all reasonable protection to prevent damage, injury, or loss to:

• All employees on the job and any other persons who may be affected thereby.

• All work and all materials.

• Other property at the site or adjacent thereto.

Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions during all work. The Contractor shall be responsible for any damage to the property that occurs to the direct duties of the work described herein. Contractor caused damages to fences, gates, grave markers and other fixed objects shall be repaired at the expense of the successful bidder. Items not repaired or are repaired improperly will be repaired by Hays County, with the costs deducted from the payment due to the successful bidder.

Contractor shall give all notices and comply with all applicable laws, ordinance, rules, regulations, and orders of any public authority bearing on safety of persons and property and their protection from damage, injury, or loss. Contractor shall notify the Contract Administrator and promptly remedy all damage or loss to property caused in whole or in part by the Contractor.

Accident Prevention and Protection:

Precautions shall be exercised at all times for the protection of persons and property. Contractor performing services under this contract shall conform to all relevant OSHA, State, County, and City regulations during the course of such effort. Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the Contractor.

• Barricades and/or signage shall be provided and posted by the Contractor when work is performed in areas traversed by persons, or when deemed necessary by the Contract Administrator. Contractor shall leave work site clean and free of any tools and other materials related to the work.

• Contractor shall take all necessary precautions to protect existing County equipment, Contractor’s equipment, County facilities, and occupants from damages or harm caused by any work.

• Damage by the Contractor to any person or property, public or private, shall be repaired and/or compensated by the Contractor, at no cost to the County. Any damages or injuries shall be reported to the Contract Administrator, in writing, within 24 hours of occurrence.

C. Frequency of Normal Maintenance

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Services would be provided upon request by Hays County, but no more than what is stated on the frequency chart. Awarded Contractor will work with the County Representative at the beginning of each month to determine which cemeteries need normal maintenance for the month. Awarded Contractor will only bill for actual work completed.

Frequency Chart:

D. Qualifications RESPONSIBILTY: A prospective respondent must affirmatively demonstrate respondent’s responsibility.

A prospective respondent must meet the following requirements:

• Have adequate financial resources, or the above ability to obtain such resources as required

• Be able to comply with required or proposed delivery schedule

• Have a satisfactory record of performance

• Be otherwise qualified and eligible to receive an award

• Contractor shall be regularly engaged in the performance of the specified work and make available, for this purpose, a regular force of skilled workers and equipment.

• Contractors’ vehicles must be permitted in compliance with all Federal, State, County and City requirements.

• Materials and equipment furnished by the Contractor shall conform in strength, quality of material, appearance, and workmanship to that which is usually provided by contractors in this trade.

• Contractor shall be required to maintain an office staffed by company representatives during normal business hours, Monday through Friday 7:00 a.m. to 5:00 p.m. Contractor shall always have available an email address and telephone number for communication between the Contractor and the Contract Administrator.

• The County shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform the work and reserves the right to request additional information. The right is reserved to reject any bid where an investigation of the evidence or information submitted by such Bidder does not satisfy the County that the Bidder is qualified to properly carry out the terms of the Bid Document

TIME OF PERFORMANCE: It is imperative that the prospective respondent respond to County requests in a timely manner and comply with required or proposed delivery schedules. Please describe how you intend to respond to and track County requests.

SYSTEM FOR AWARD MANAGEMENT: Respondent and its Principals may not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM).

Include verification that the company as well as the company's principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a printout of your Entity Registration page that shows your company is in active status and is not expired or suspended.

COMPLIANCE WITH LAWS: The successful bidder shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the bid.

INSURANCE: The successful bidder will be required to furnish proof of insurance for Workers’ Compensation, Auto Liability and General Liability before any work may begin.

Jan Feb March April May June July Aug. Sept. Oct. Nov. Dec. Total 2 2 4 4 4 4 4 4 4 4 2 2 40

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

The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services.

E. Mandatory Bid Form Respondent must provide its total bid amount by completing the mandatory bid form included as Attachment A: IFB 2024-B07 Bid Form.

All pricing and fees shall include normal maintenance. All labor, equipment, tools, materials, chemicals, supplies, supervision, incidentals, and other items or services necessary to perform the normal maintenance of the cemeteries shall be included in the price per site amount provided.

Hays County is exempt from federal excise and state sales tax; therefore, tax must not be included in this bid.

Additional Maintenance/Services: The County may require additional items/duties of a similar nature, but not specifically listed in the contract. The Contractor agrees to provide such items/duties and shall provide the County prices on such additional items or duties based on a per Man-Hour Rate.

F. Submittal Requirements Respondent must deliver the following to the Issuing Office by the specified deadline or upload the bid packet electronically to BidNet Direct:

• Mailed or Dropped off Bid Packets: All items must be in a sealed envelope marked with the Solicitation Number and Respondent Name on the outermost envelope.

One (1) original bid with required forms manually signed by Respondent with original signatures One (1) digital copy of the full bid packet with all required forms on a thumb drive

• Electronic Bids:

Upload proposal with required forms manually signed by the respondent. (through BidNet

Direct) One (1) original proposal with required forms manually signed by the respondent, delivered to the Hays County Purchasing Office. Either the original or Electronic Proposal (through BidNet Direct) MUST be received by the due date and time to be considered responsive.

Physical copy must be received in the Hays County Purchasing Office within 24 hours of proposal due date.

LATE SUBMITTALS WILL NOT BE ACCEPTED.

Submittals will be publicly opened at the Office of the Hays County Auditor upon the deadline for submittal. Respondents, their representatives and interested persons may be present. All unofficial bid results will be posted on the following two sites, until an award has been made in Commissioners Court:

Hays County: https://hayscountytx.com/departments/auditor/purchasing/bidding-opportunities/ BidNet Direct: https://www.bidnetdirect.com/texas/hayscounty

It is understood that Hays County reserves the right to accept or reject any and all submittals as it shall deem to be in the best interest of Hays County.

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

https://hayscountytx.com/departments/auditor/purchasing/bidding-opportunities/ https://www.bidnetdirect.com/texas/hayscounty

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WITHDRAWING OF BID: A bid may be withdrawn at any time prior to the official opening. After the official opening, bids may not be amended, altered or withdrawn without the recommendation of the County Purchasing Manager and the approval of Commissioners Court.

FORMS: All Bids must be submitted on the forms provided in this solicitation document. Changes to solicitation forms made by bidders shall disqualify the bid.

G. Award of Contract BASIS OF AWARD: The County reserves the right to award a contract to a bidder on the basis of unit price low bid and/or the best value for the County. The County reserves the right to accept in part or in whole any bids submitted and waive any technicalities for the best interest of the County.

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

• Total price

• Special needs and requirements of Hays County

• Vendors past performance record with Hays County, if applicable

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

• Vendor’s references

REFERENCES: Hays County requires respondent to supply with the statement of qualifications, a list of at least three (3) references where like services have been supplied by their company. Include name of company, address, telephone number and name of representative.

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

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

The successful bidder expressly warrants that all services specified in the IFB will be performed with care and diligence and in accordance with all specifications of the IFB. The successful bidder agrees to correct any deficiencies in its performance of services upon notification by the County and without additional expense to the County.

The County reserves the right to accept in part or in whole any bids submitted and waive any technicalities for the best interest of the County.

If the bid is accepted and approved by Commissioners Court, this document shall be made part of the contract. No negotiations, decisions, or actions shall be initiated or executed by any vendor as a result of any discussions with any County employee. No oral agreements either expressed or implied will be considered in fulfilling this contract.

H. Contract Term & Price Redetermination The term of this contract will begin on the date of award by the Hays County Commissioners Court and be effective through a full year (365 days). Hays County reserves the right to extend this contract annually for a maximum of four (4) additional one (1) year periods.

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Bid pricing shall be firm for the entire term of the awarded contract. Prices established in continuing agreements and annual term contracts may be raised due to inflation and increased operating costs.

Any price increase proposed must be submitted forty-five (45) calendar days prior to the anniversary date of the annual term contract and shall be supported with proper documentation, as provided by the U.S. Department of Labor – Bureau of Labor and Statistics, Producer Price Index (PPI), for the most current data representing a 12-month period at the time of consideration. Hays County will have fifteen

(15) days, from the receipt of proposed price increases, to review any proposed price increases and reserves the right to approve or disapprove any request for increased prices. If Hays County disapproves the proposed price increases, the County will issue an intent to terminate, and the contract will not be renewed.

I. Warranty of Performance The successful respondent expressly warrants that all services specified in the IFB will be performed with care and diligence and in accordance with all specifications of the IFB. The successful bidder agrees to correct any deficiencies in performance of services upon notification by the County and without additional expense to the County.

CONTINUING NON-PERFORMANCE of the bidder, in terms of specifications, shall be basis for the termination of the contract by the County. The County shall not pay for merchandise/services that are unsatisfactory. Failure to perform any provision will constitute a default of contract, in which case, corrective action shall take place within ten (10) days from the date of written notice citing the nature of breach. Failure to take corrective action or to provide a satisfactory written reply excusing such failure within the prescribed ten (10) days will authorize the County to terminate this agreement by written notice.

COMPLIANCE WITH LAWS: The successful Respondents shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the solicitation. Any contract executed as a result of this IFB shall be governed by the laws of the State of Texas.

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IV. General Terms and Conditions for Solicitations Applicable To: Invitations for Bid (IFB)

1. GENERAL DEFINITIONS:

a. "Auditor" means the Hays County Auditor or his/her designee.

b. "Commissioners Court" means Hays County Commissioners Court.

c. “Contract” means the contract awarded pursuant to the IFB.

d. “Contractor” means a person or firm receiving an award of contract from Commissioners Court.

e. "County" means Hays County, Texas, a political subdivision of the State of Texas.

f. "County Building" means any County owned buildings and does not include buildings leased by County.

g. "Is doing business" and "has done business" mean:

i. Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250 in the aggregate in exchange for personal services or for purchase of any property or property interest, either real or personal, either legal or equitable; or

ii. Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal obligation or debt with a value of more than $250 in the aggregate in a calendar year;

iii. But does not include any retail transaction for goods or services sold to a Key Contracting Person at a posted, published, or marked price available to the general public.

h. "Purchasing Manager" means the Hays County Purchasing Manager.

i. “Sub-contractor” means a person or firm doing business with a Contractor.

2. FUNDING: Funds for payment on this Contract have been provided through the County budget approved by

Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of Hays County to be included in each proposed budget within the foreseeable future. County Commissioners expect this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract.

However, County cannot guarantee the availability of funds, and enters into this Contract only to the extent such funds are made available. The Fiscal Year for County extends from October 1st of each calendar year to September 30th of the next calendar year.

3. FUNDING OUT: Despite anything to the contrary in this Contract, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is terminated due to the failure to fund it.

4. INVOICING/PAYMENTS:

a. Contractor shall provide County with an Internal Revenue Form W-9, Request for Taxpayer Identification

Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any Contract funds are payable.

b. As a minimum, invoices shall include: (i) name, address, and telephone number of Contractor and similar information in the event payment is to be made to a different address; (ii) County Contract or Purchase Order number; (iii) identification of products or services as outlined in this Contract; (iv) quantity or quantities, applicable unit prices, total prices, and total amount; and (v) any additional payment information called for by this Contract. County will not pay invoices that are in excess of the amount authorized by the purchase order.

c. Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products and services and submission of an invoice to the address below:

County Auditor 712 S Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

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d. Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of acceptable invoice, whichever is last. Partial payments will not be made unless specifically requested and approved by County prior to Contract award.

e. Accrual and payment of interest on overdue payments shall be governed by Tex. Gov't Code Ann., ch.

2251.

5. COUNTY TAXES: If the Contractor subsequently becomes delinquent in the payment of County taxes, it will be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of County property taxes at the time of invoicing, Contractor assigns any payments to be made for performance under this contract to the County Tax Assessor-Collector for the payment of delinquent taxes.

6. PROMPT PAYMENT ACT: TEX. GOV'T CODE ANN., ch 2251 (Vernon Supp. 1995) requires that payments be made within 30 calendar days. If County fails to pay within 30 days, interest on overdue amounts is subject to Chapter 2251, Texas Government Code. The law does not apply if the terms of a federal grant, contract, regulation, or statute prevent local governments from making timely payments with federal funds. Contractors and subcontractors must pay their suppliers interest if the supplier is not paid within 10 calendar days after the contractor or subcontractor receives payment. Contractors must apply for interest payments within 6 months of submitting a proper invoice if they believe such interest was due but not paid. Interest begins accruing 30 days after either of the following, whichever is later; (i) satisfactory delivery or performance has been completed, or, (ii) a correct invoice is received at the designated place.

7. FOB POINT: Delivery of all products under this contract, if any, shall be made Free on Board to final destination, at the address shown in this contract or as indicated on each Purchase Order placed against this contract. The title and risk of loss of the goods shall not pass to County until acceptance takes place at the F.O.B. point.

8. INSPECTION AND ACCEPTANCE: The County office or department receiving items pursuant to this contract shall inspect and accept only those items that are satisfactory to them, and reject those items which are damaged or which do not conform to specifications. Contractor shall be responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries.

9. VARIATION IN QUANTITY: No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract.

10. OFFICIALS NOT TO BENEFIT: If a member of Commissioners Court belongs to a cooperative association, the County may purchase equipment or supplies from the association only if no member of the Commissioners Court will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.

11. NONDISCRIMINATION; CIVIL RIGHTS/ADA COMPLIANCE:

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

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

12. CHANGES:

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

IFB 2024-B07 Cemetery Maintenance Page 15 of 38

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

THAT AUTHORITY BY THE COMMISSIONERS COURT.

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

13. REPRESENTATIONS:

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

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

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

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

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

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

14. SUBCONTRACTS:

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

EXPRESSLY GRANTED THAT SPECIFIC AUTHORITY BY THE COMMISSIONERS COURT.

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

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

15. ASSIGNMENT:

a. The parties to this Contract shall not assign any of the rights or obligation hereunder without the prior written consent of the other party. No official, employee, representative or agent of County has the

IFB 2024-B07 Cemetery Maintenance Page 16 of 38 authority to approve any assignment under this Contract unless that specific authority is expressly granted by Commissioners Court.

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

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

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

Contractor then has the right to be heard by Commissioners Court.

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

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

19. NON-WAIVER OF DEFAULT:

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

b. All rights of County under this Contract are specifically reserved and any payment, act or omission shall not impair or prejudice any remedy or fight to County under it. Any right or remedy in this Contract shall not preclude the exercise of any other right or remedy under this Contract or under any law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies.

20. TERMINATION FOR DEFAULT: Failure by either County or Contractor to perform any provisions of this Contract shall constitute a breach of contract. Either party may require corrective action within ten (10) calendar days after date of receipt of written notice citing the exact nature of the other's breach. Failure to take corrective action or failure to provide a satisfactory written reply excusing such failure within the ten (10) calendar days shall constitute a default. The defaulting party shall be given a twenty (20) calendar day period within which to show cause why this Contract shall not be terminated for default. All notices for corrective action, breach, default or show cause on behalf of County shall be issued by the Purchasing Manager or County legal

IFB 2024-B07 Cemetery Maintenance Page 17 of 38 representative only, and all replies to the same shall be made in writing to the County Purchasing Manager or County legal representative at the address provided herein. Notices issued by or to anyone other than the Purchasing Manager or County legal representative shall be null and void, and shall be considered as not having been issued or received. County reserves the right to enforce the performance of this Contract in any manner prescribed by law in case of default and may contract with another party with or without competition or further notification to the contractor. At a minimum, Contractor shall be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the County derived hereunder if it becomes necessary to contract with another source because of a default, plus reasonable administrative costs and attorney's fees. In the event of termination for default, County, its agents or representatives, shall not be liable for loss of any profits anticipated under this Contract.

21. TERMINATION FOR CONVENIENCE: County reserves the right to terminate this Contract upon thirty (30) days written notice for any reason deemed by the Commissioners Court to serve the public interest, or resulting from any governmental law, ordinance, regulation, or court order. Termination for convenience shall not be exercised with the sole intention of awarding the same or similar contract requirements to another source. In the event of such termination, County shall pay Contractor those costs directly attributable to work done in preparation for compliance with this Contract prior to termination; provided, however, that no costs shall be paid which are recoverable in the normal course of the business in which Contractor is engaged, nor shall County pay any costs which can be mitigated through the sale of supplies or inventories. If County pays for the cost of supplies or materials obtained for use under this Contract those supplies or materials shall become the property of County and shall be delivered to the FOB point shown in this Contract, or as designated by the Purchasing Manager.

County shall not be liable for loss of any profits anticipated under this Contract.

22. GRATUITIES: Contractor shall not provide any gratuity in any form, including entertainment, gifts, or otherwise, to any employee, buyer, agent, or representative of County with a view to securing a contract, or securing favorable treatment with respect to the award or amendment, or the making of any determination with respect to the performance of this Contract. County may terminate this Contract if it is found that gratuities of any kind including entertainment, or gifts were offered or given by the Contractor or any agent or representative of the Contractor, to any County Official or employee with a view toward securing favorable treatment with respect of this contract. If this Contract is terminated by the County pursuant to this provision, County shall be entitled, in addition to any other rights and remedies, to recover from the Contractor at least three times the cost incurred by Contractor in providing the gratuities.

23. COVENANT AGAINST CONTINGENT FEES: Contractor represents and warrants that no persons or selling agency has been retained to solicit this Contract upon an understanding for a commission, percentage, brokerage, or contingent fee, excepting…