Possible Development of a Full Service Upscale Resort Hotel on Approximately 8.56 Acres of Cameron County Fee Simple Owned Property Located Within Andy Bowie Pa...

CAMERON COUNTY PURCHASING DEPARTMENT REQUEST FOR PROPOSALS RFP NUMBER: # 230201 RFP TITLE: POSSIBLE DEVELOPMENT OF A FULL SERVICE UPSCALE RESORT HOTEL ON APPROXIMATELY 8.56 ACRES OF CAMERON COUNTY FEE SIMPLE OWNED PROPERTY LOCATED WITHIN ANDY BOWIE PARK ON SOUTH PADRE ISLAND, TEXAS (Adjacent to Beach Access # 2 & South Padre Island Convention Center) DATE DUE: May 23, 2023 DUE NO LATER THAN 3:00 P.M. RFP’s will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 at 3:01 p.m. (as per Purchasing Dept. time clock) on deadline due date. Please return RFP ORIGINAL (marked “ORIGINAL”) AND SEVEN (7) COPIES (marked “COPY”) sets and an electronic (PDF format file only) of your qualification statement for review by evaluation committee in a sealed envelope. Be sure that return envelope shows the RFP Number, Description and is marked “SEALED RFP”. RETURN RFP TO: by U.S. mail or delivered to the office of

Purchasing Dept., County Courthouse (Dancy Bldg.) 1100 E. Monroe St, 3rd Floor, Room 345, Brownsville, Texas 78520. MANDATORY PRE-PROPOSAL MEETINGS SCHEDULE: Meeting – Wednesday, April 12, 2023 at 2:00 P.M. MANDATORY PRE-PROPOSAL MEETING LOCATION: Andy Bowie Park 7300 Park Rd. 100 N. South Padre Island, Texas 78597 CONTACT PERSON: Joe E. Vega, Parks Director 956-761-3701 Proposal questions/clarifications must be submitted by: Wednesday, April 26, 2023 before 5:00P.M. (e-mail to Ignacio.amezcua@co.cameron.tx.us or fax 956-550-7219 attention, Ignacio Amezcua, Purchasing Agent) For additional information or to request addendum email: Ignacio Amezcua, Roberto Luna and/or Dalia Loera at ignacio.amezcua@co.cameron.tx.us Roberto.luna@co.cameron.tx.us or dalia.loera@co.cameron.tx.us Project specific questions should be directed to Joe E. Vega – County Parks Dept. South Padre Island at (956) 761-3701. YOU MUST SIGN BELOW IN INK. FAILUFE TO SIGN WILL DISQUALIFY THE OFFER. Company Name: ___________________________________________________________________________________ Company Address: ____________________________________________________________________________ City, State, Zip Code: ____________________________________________________________________________ Historically Underutilized Business (State of Texas) Certification VID Number: _________________________________ Telephone No. ____________________________Fax No. _____________________e-mail_________________________ SIGNATURE:________________________________ Print Name:______________________________ How did you find out about this RFP? ________________________________________ (ex: Newspaper, Web, and Mail) Is Bidder’s principal place of Business within Cameron County? □ Yes □ No If yes what City: ____________________________ Your signature attests to your offer to provide the goods and/or services in this RFQ according to the published provision of this RFP. When an award letter is issued, this RFP becomes the contract. If an RFP required specific Contract is to be utilized in addition to this RFP, this signed RFP will become part of that contract. When an additional Contract is required a RFP award does not constitute a contract award and RFP / Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued. Bidders must sign each bid page to ensure you have read each page’s information, terms, conditions and/or required forms. Failure to sign or initial each bid page will disqualify the BID/PROPOSAL offer. mailto:Ignacio.amezcua@co.cameron.tx.us mailto:ignacio.amezcua@co.cameron.tx.us mailto:Roberto.luna@co.cameron.tx.us mailto:dalia.loera@co.cameron.tx.us RFP # 230201 Page 2 of 41 Responder’s signature/Initials __________ CHECK LIST Proposers are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Proposer’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your RFP packet. _X__ Cover Sheet Your company name, address and your signature (IN INK) should appear on this page. _X__ Instructions to Proposers You should be familiar with all of the Instructions to Proposers. _X__ Special Requirements This section provides information you must know in order to make an offer properly. _X__ Specifications / Scope of Work This section contains the detailed description of the product/service sought by the County. Attachments _X__ Attachments A, B, C, D, E, F, G, H , I Be sure to complete these forms and return with packet. ____ Minimum Insurance Requirements Included when applicable ____ Worker’s Compensation Insurance Coverage Rule 110.110 This requirement is applicable for a building or construction contract. ____ Financial Statement When this information is required, you must use this form. Other - Final reminders to double check before submitting RFP ____ Is your RFP sealed with RFP #, title, Proposer’s Name, & return address, on outside? ____ Did you complete, sign and submit page 1? ____ Did you provide the number of copies as required on the cover page? ____ Did you visit our website for any addendums? https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ If not interested in responding please let us know why e-mail to: Purchasing@co.cameron.tx.us https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ mailto:Purchasing@co.cameron.tx.us RFP # 230201 Page 3 of 41 Responder’s signature/Initials __________ INSTRUCTIONS FOR SUBMITTING RFP’S These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Proposers”) on behalf of Solicitations including, but not limited to, Invitations to RFP and Requests for Quotes. Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your RFP with all appropriate supplements and/or samples. Prior to returning your sealed RFP response / submittal, all Addendums - if issued - should be reviewed and downloaded by entering the County Purchasing web https://www.cameroncounty.us/purchasing-bids-rfpq-addms- tabs/ Addendums Column (updated Addendums). These Addendums must be signed and returned with your RFP in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual RFP award information can be accessed at: https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy. Cameron County is an Equal Employment Opportunity Employer. Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy. GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the Proposer as such, in the columns to the right on the "Minimum Specifications' Forms". The County’s specifications may be exceeded and should be noted by the Vendor as such. Any RFP NOT MEETING the Minimum Requirements specified will be rejected. GOVERNING LAW: This invitation to RFP is governed by the competitive RFP requirements of the County Purchasing Act, Texas Local Government Code, δ262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions results in a change or addition to this RFP, the Change(s) and addition(s) will be forwarded to all vendors involved as quickly as possible in the form of a written addendum only. Verbal changes to RFP’s must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to RFP will not apply. Sign the Vendor’s Affidavit Notice, complete answers to Attachments A,B, C, D, E , F , G, H, I and return all with your RFP. CONFLICT OF INTEREST QUESTIONNAIRE: For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter §176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section §176.006, Local Government Code. A person commits an offense if the person violates Section §176.006, Local Government Code. An offense under this section is a Class C misdemeanor. The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section §176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate. Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions. can be downloaded at the following web site: https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf DISCLOSURE OF INTERESTS: This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.” Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions. https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf RFP # 230201 Page 4 of 41 Responder’s signature/Initials __________ can be downloaded at the following web site: https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf TEXAS ETHICS COMMISSION FORM 1295 All RFPs prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor. All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted, printed and notarized. Notarized form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of RFP award. There is no charge for this TEC online process. Texas Ethics Commission (TEC) Form 1295 must be completed (by firm - on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at:https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm ) If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions. tab Link: https://www.cameroncounty.us/vendors-tec-form-1295/ PROPOSER SHALL SUBMIT RFP ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE RFP PACKET. In the event of inclement weather and County Offices are officially closed on a Proposal deadline day, RFP’s will be received unit 2:00 p.m. of the next business day. Proposals will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 (as per Purchasing Dept. time clock. RFP’s SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. PRESENTATIONS SEQUENCE TO EVALUATION COMMITTEE. Presentations to Evaluation Committee will be sequenced (in order) as determined by the utilization of RANDOM.ORG. Process will be conducted in the Purchasing Dept. with Auditor’s designee present. SUCCESSFUL PROPOSERS WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding outcome of award. PROPOSERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding proposers are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site: https://www.cameroncountytx.gov/commissioners-court-agendas/ OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other proposers, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your RFP package. PLEASE NOTE CAREFULLY THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON SUMBITTING YOUR REPONSE. ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF RFP. ANY EXCEPTIONS THERETO MUST BE IN WRITING. 1. ORIGINAL (marked “ORIGINAL”) AND SEVEN (7) COPIES (marked “COPY”) sets and an electronic (PDF format file only) MUST BE SUBMITTED. Each RFP shall be placed in a separate envelope completely and properly identified with the name and number of the bid. Proposals must be in the Purchasing Department BEFORE the hour and date specified. 2. Proposals MUST give full firm name and address of the proposer. Failure to manually sign RFP will disqualify it. Person signing RFP should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. 3. Proposals CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by Proposer or his authorized agent. No RFP can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason. 4. Written and verbal inquires pertaining to bids must give RFP Number and Company. 5. NO changes or cancellations permitted without written approval of Purchasing Agent. The County reserves the right to accept or reject all or any part of any RFP and waive minor technicalities. 6. This is a RFP inquiry only and implies no obligation on the part of Cameron County. 7. Partial RFP’s will not be accepted unless awarded by complete RFP. https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.cameroncounty.us/vendors-tec-form-1295/ https://www.cameroncountytx.gov/commissioners-court-agendas/ RFP # 230201 Page 5 of 41 Responder’s signature/Initials __________ 8. It is expected that the Proposer will meet all state and federal safety standards and laws in effect on the date of the RFP, for the item(s) being specified, and the particular use for which they are meant. 9. It is the responsibility of the Proposer to ask any and all questions the Proposer feels to be pertinent to the proposal. Cameron County shall not be required to attempt to anticipate such questions for proposers. Cameron County will endeavor or respond promptly to all questions asked. 10. If PROPOSER takes exception to specifications or reference data, he will be required to provide details etc. as specified. 11. A proposal may not be withdrawn or canceled by the proposer without the written acknowledgment of the County for a period of sixty (60) days following the date designated for the receipt of proposal, and proposer so agrees upon submittal of the proposal. 12. If a Bid Bond is required in this Proposal it must be included in Proposers Sealed RFP package. 13. The County reserves the right to accept or reject all or any part of any RFP, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total RFP. Prices should be itemized. County also reserves the right to award either with or without trade-in, if applicable. Cameron County reserves the right to award if only one (1) RFP was received. Cameron County retains the option to re-solicit at any time if in its best interest and is not automatically bound to renewal or re- solicitation. The County reserves the right to hold all RFPs for 60 days from the due date of receipt without actions. The County reserves the right to add additional County Departments (at a later time during this RFP award) as the need arises. The County also reserves the right to consider utilizing CO-OP Interlocal Agreements / pricing if determined to be more advantageous to the County. 14. All property of Cameron County must remain (at all times) within the United States – without exception – unless prior Agenda approval has been given by Commissioners Court. 15. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN RFP. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code δ151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent. 16. Proposals are scheduled to be opened and publicly acknowledged at the Cameron County Commissioners Courtroom, on the scheduled date and time specified on cover sheet of this RFP package. Proposers, their representatives and interested persons may be present. The proposals shall be opened and acknowledged only so as to avoid disclosure of the contents to competing proposers and shall remain confidential during negotiations. However, all proposals shall be opened for public review after the concession lease agreement is approved, except for trade secrets and confidential information contained in the proposal and identified by proposers as such. 17. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting concession agreement. All change orders to this RFP will be made in writing by the Cameron County Purchasing Department. Award of proposal does not constitute a concession agreement. A binding concession agreement will be negotiated by the Cameron County Property Manager and approved by the Commissioners Court after the proposal has been awarded. 18. No public official shall have interest in this RFP except in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter §171. 19. The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Cameron County. 20. All proposals meeting the intent of this RFP will be considered for a possible concession lease agreement negotiation. 21. Any interpretations, corrections or changes to this RFP will be made by addenda. Sole issuing authority of addenda shall be vested in Cameron County Purchasing Department. Addenda will be mailed to all who are known to have received a copy of this RFP. Proposers shall acknowledge receipt of all addenda in writing. 22. Proposals must comply with all federal and state laws, County policy and local regulations. 23. Cameron County may request a presentation and additional information to determine proposer's ability to sufficiently meet these minimum responsible standards listed above. 24. Cameron County requests proposer to supply, with this RFP, a list of at least three (3) references. Include full name and title, address, telephone number, fax number and name(s) of contact person. 25. Successful proposer shall defend, indemnify and save harmless Cameron County and all its officers, agents and employees from all suits, actions, or other claims of any person, persons, or property on account of negligent act or fault of the successful offered, or of any agent, employee, subcontractor or supplier in the execution of or performance RFP # 230201 Page 6 of 41 Responder’s signature/Initials __________ under any contract which may result from proposal award. Successful proposer shall pay any judgment including costs, which may be obtained against Cameron County developing out of such injury or damages. 26. Any notice provided by this proposal or required by Law to be given to the successful proposer by Cameron County shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Brownsville, Texas by Registered or Certified mail with sufficient postage affixed thereto, addressed to the successful proposer at the address so provided; this shall not prevent the giving of actual notice in any other manner. 27. It is the responsibility of the bidder or proposer to ask any and all questions the bidder or proposer feels to be pertinent to the bid or proposal. Cameron County shall not be required to attempt to anticipate such questions for bidders or proposers. Cameron County will endeavor to respond promptly to all questions asked. RFP # 230201 Page 7 of 41 Responder’s signature/Initials __________ RFPCAMERON COUNTY REQUEST FOR PROPOSAL (RFP) RFP # 230201 POSSIBLE DEVELOPMENT OF A FULL-SERVICE UPSCALE RESORT HOTEL ON APPROXIMATELY 8.56 ACRES OF CAMERON COUNTY FEE SIMPLE OWNED PROPERTY LOCATED WITHIN ANDY BOWIE PARK ON SOUTH PADRE ISLAND, TEXAS (Adjacent to Beach Access # 2 & South Padre Island Convention Center) INSTRUCTIONS PART I – GENERAL REQUIREMENTS 1.0 By order of the Commissioners’ Court of Cameron County, Texas, sealed proposals will be received for: THE POSSIBLE DEVELOPMENT OF A FULL SERVICE UPSCALE RESORT HOTEL ON APPROXIMATELY 8.56 ACRES OF CAMERON COUNTY FEE SIMPLE OWNED PROPERTY LOCATED WITHIN ANDY BOWIE PARK ON SOUTH PADRE ISLAND, TEXAS (Adjacent to Beach Access # 2 & South Padre Island Convention Center) SEE EXHIBIT “A” WHICH FURTHER DESCRIBES THE PROPERTY (LAND SURVEY) AND THE PRELIMINARY JURISDICTIONAL DELINEATION (FULL REPORT AVAILABLE UPON REQUEST) The County will entertain proposals for a possible development of all or a portion of approximately 8.56 acres of land located within Andy Bowie Park adjacent to the South Padre Island Convention Center north of the town limits of South Padre Island with immediate frontage to the Gulf of Mexico and Park Road 100, consistent with deed restrictions. The County is interested in the development of a Full Service Upscale Resort Hotel minimum of 250 rooms and with possible amenities including conference and meeting rooms availability, dining facilities, outdoor eatery & bar facilities, retail, nightclub entertainment, parking, exercise room, spa, landscaping, wi-fi/internet services, business services and possible family recreational facilities, (such as swimming pool, children swimming pool, water playground facility, game room, beach volleyball equipment, etc.). Depending on specifics of proposed activities, the County intends to negotiate a long-term ground lease and related concession agreement for part or all of said tract. Proposer shall be responsible for all improvements including but not limited to supplying utilities to the site, acquiring all permits necessary and environmental clearances from State and Federal Agencies (Texas General Land Office, U.S. Fish & Wildlife Service, U.S. Army Corps of Engineers, etc.) for the proposed concession business. Any persons interested in gaining additional details on this possible development opportunity should contact the Cameron County Purchasing Director or the Cameron County Parks & Recreation Director. 2.0 INCURRED EXPENSES: There is no expressed or implied obligation for Cameron County to reimburse for any expense incurred in preparing proposals in response to this request, and Cameron County will not reimburse anyone for these expenses. Cameron County will consider all RFP’s from all responsible proposers. 3.0 CASHIER'S CHECK AND FORFEITURE: Each RFP shall be accompanied by a Cashier's Check made payable to Cameron County in the amount of Five Hundred ($500.00) Dollars as a guarantee that if the RFP # 230201 Page 8 of 41 Responder’s signature/Initials __________ Proposer receives an award, the Proposer will enter into a contract for services and submit proof of any required insurance. Checks of unsuccessful Proposers will be returned. If the successful Proposer fails to satisfy all pre-work requirements or commence work after award, that Proposer shall forfeit this security deposit. Cameron County shall retain it as liquidated damages. 4.0 GENERAL CONDITIONS: Proposers shall thoroughly examine the specific requirements, schedules, instructions and all other contract documents. RFP must set forth accurate and complete information as required by this RFP (including attachments). No plea of ignorance by the Proposer of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of Cameron County. 5.0. SITE INSPECTION: Before submitting a Proposal, Proposers are encouraged to visit the site and make all investigations and examinations necessary to ascertain site and/or local physical conditions and requirements affecting the full performance of the Concession Agreement and to verify any representations made by Cameron County, Texas, upon which the Proposer will rely. If the Proposer receives an award because of its RFP submission, failure to have made such investigations and examinations will in no way relieve the Proposer from its obligations to comply in every detail with all provisions and requirements of the Concession Agreement, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Proposer for additional compensation or relief. Failure to do so will not relieve the successful Proposer from performing the contract in accordance with all terms and conditions as set forth. Each Proposer attests, by signing this RFP that he/she has acquainted themselves with the park sites and fully understands there will be no recourse for negligence or oversight for not doing so. 6.0 ASSIGNMENT: The awarded Proposer shall not assign, transfer, convey, sublet, or otherwise dispose of any award or of any of its rights, title, or interests therein, without the prior written consent of the County Commissioners Court. 7.0 CONTRACT PERIOD: The Agreement resulting from this solicitation shall be a Long-Term Lease, which will be negotiated at the time successor is selected and RFP is awarded. It is understood that the County does not guarantee any specific amount of concession business under this agreement. Either party may cancel this Contract, in whole or in part for its convenience, by giving thirty (30) days prior notice in writing. However, the Proposer shall not be authorized to exercise this cancellation option during the first Ninety (90) days of the Contract. a. Contact Joe E. Vega, Parks and Recreation Director at: phone (956) 761-3701 for questions and to make arrangement to inspect park sites. 8.0 RFP PRICE: Rent to be paid to the Cameron County Parks & Recreation Department will be on an annual flat rate to be paid as specified in the Concession Agreement on a Monthly basis at 1/12th of the Annual Rate. The Rental amount RFP shall remain firm during the period of the Contract. PROPOSER hereby certifies that this RFP is made without prior understanding, agreement or connection with any corporation, firm or person submitting a RFP for the same materials, supplies, services or equipment and is in all respects fair and without collusion or fraud. Further, the PROPOSER hereby agrees to abide by all terms and conditions of this RFP and certifies that the person executing the RFP form is authorized to sign this RFP for the PROPOPSER. Security Deposit shall be equal to one (1) month’s rent based on the Flat Rate. 9.0 PRE-AWARD SURVEY: After RFP opening and prior to award, County reserves the right to make a pre- award survey of proposer’s facilities and its operation to be used in the services and performance of this work. Proposer agrees to allow all reasonable requests for inspection of such facilities or operations with two (2) RFP # 230201 Page 9 of 41 Responder’s signature/Initials __________ working days advance notice. Failure to allow an inspection is cause for rejection of a RFP as non-responsive. County reserves the right to reject facilities or equipment as unacceptable for performance as a result of the pre-award survey. 10.0 MINIMUM REQUIREMENTS FOR RESPONSIBLE PROPOSAL: A proposer must affirmatively demonstrate proposer’s responsibility. At a minimum, a prospective proposal must contain in the order presented here an outlined response to the following criteria: A) Specific conceptual description of proposed development, and all associated services that will be offered for public use and enjoyment. Included the description of the time of frame and critical action steps needed to be implemented by the team and the County in order to realize the implementation of the development. B) A detailed description, preliminary if necessary, of physical improvements proposed for any development consistent with this RFP, include square footage, construction materials, architectural theme/design, landscape plans and a traffic management. Conceptual architectural renderings to illustrate proposal, a site plan, floor plans, parking lot, landscaping. and other graphic detail is desirable. Describe the type of property and activities the development team envisions for the property site, and how they would seek to structure compensation or consideration to the County. C) Identification by name and address of principal financial investors/supporters committed to the development, specifying estimated proportionate levels of involvement for each in the total project. D) A detailed description of proposer's background and experience, specifically and only as it directly reflects to the proposed development and activities, and the proposers ability to assure success of the agency or center. Indicate the development of current projects, if any, and how those projects have been, and currently being capitalized. E) Describe the development team, including roles and responsibilities. Include the description of the benefits to the County Park System when working with this development team. 11.0 RFP EVALUATION AND AWARD: EVALUATION AND SELECTION CRITERIA WEIGHTED QUANTITATIVE SCORING: Each Vendor will be assigned a score of 0 - 4 by each evaluator for each criteria 4 = Very good / Exceeds expectations 3 = Above expectations 2 = Meets expectations 1 = Does not meet expectations 0 = non-responsive Evaluators score by category will be multiplied by the assigned weight for each criteria by vendor then totaled. Scoring for price will be a ratio and based on a pro rata factor of the best price submitted. Once RFPs are reviewed and scored, a short list will be compiled. Interviews may be conducted with Proposers determined by total score rankings. Additional information may be required at that time. Negotiations will begin with the Proposer selected for the project. Commissioners Court will make the final selection and possible approval of the contract. An Evaluation Committee will review each proposal. Committee will be comprised of, but not limited to, County Staff. Proposer may be requested to appear before the Committee to answer questions or give additional information regarding the project or for a formal presentation. Proposals will be evaluated as to the proposal, which offers the best overall project and is deemed to be the most advantageous and yield the greatest benefit to the County. Some specific elements the Committee will be evaluating are as follows: RFP # 230201 Page 10 of 41 Responder’s signature/Initials __________ 1. Evidence of the proposer's background and experience demonstrating the capability to design, implement and operate a resort hotel concession operation similar in scope to that proposed at County Parks location and references. (25 points) 2. Financial and management ability to develop and operate the resort hotel concession and Financial Statements as well as proposed management and marketing plan including proposed staffing and staff training and, if any, compliance with all applicable rules and regulations of any and all regulatory federal, state, and local agencies. (30 points) 3. Proposed highest and best use of the property including quality, variety and creativity of proposed concessioner operation. (15 points) 4. Minimum annual guarantee / rental to the County. (30 points) TOTAL 100 points At the discretion of the Committee, some or all proposals may be ranked in order of meeting the overall requirements of the highest and best use of concession project. The County reserves the right to negotiate with any, one, or all the ranked proposers. The Evaluation Committee will make a recommendation for award by the Cameron County Commissioners’ Court. 12.0 REJECTION OF RFP: County expressly reserves the right to: 1) waive any defect, irregularity or informality in any proposal; 2) reject or cancel any RFP or parts of any proposal; 3) accept proposals from one or more proposers; or 4) procure the services in whole or in part by other means. RFP # 230201 Page 11 of 41 Responder’s signature/Initials __________ PART II - REQUIRED DOCUMENTATION Please note this Section may not address all documentation required by the RFP. The Proposer is cautioned to read the entire RFP to determine all requirements. CAMERON COUNTY RESERVES THE RIGHT TO REJECT ANY RFP WHICH DOES NOT CONTAIN ALL INFORMATION REQUIRED BY THIS RFP. Proposals shall include all of the information solicited in this RFP, and any additional data that the Proposer deems pertinent to the understanding and evaluation of the Proposal. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Submittal of a RFP shall constitute the Proposer's agreement and intent to follow and adhere to all statements, offerings and monetary incentives contained within this Proposal. In conjunction with other material and information requested in the RFP, all Proposers responding to this solicitation shall provide one (1) original and six (6) copies and all attachments of the following in 8 1⁄2 " by 11" format, clearly legible, tabbed and in a binder. To achieve a uniform review process and to obtain a maximum degree of comparability, Cameron County requires that RFP information be submitted in the following order: Table of Contents List title of each tabbed section and title of any additional information included in this Proposal. Tab 1 - Transmittal Cover (Format and Content: Please included in your RFP’s / RFQ’s as part of your cover). Executive Summary (2 pages max.) Submit a signed letter (Executive Summary) briefly addressing the services to be provided by Proposer. Introduction ( 2 pages max.) Proposals must include confirm that the firm will comply with all of the provisions in this RFP. If exceptions will be taken it should be so noted. Proposals must be signed by a company officer empowered to bind the company. A proposer's failure to include these items in their proposals may cause their proposal to be determined to be non-responsive and the proposal may be rejected. Include the following: Firms Name, Address, Phone #, Contact Name, Phone #, Email address. Understanding of the Project ( 1 pages max.) Proposers must provide a comprehensive narrative statement that illustrates their understanding of the project as proposed and detail schedule (timeline). Methodology Used for the Project ( 1 page max.) Proposers must provide a comprehensive narrative statement that sets out the methodology they intend to employ and that illustrates how their methodology will serve to accomplish the work and meet project schedule. Management Plan for the Project ( 1 page max.) Proposers must provide a comprehensive narrative statement that sets out the management plan they intend to follow and illustrates how their plan will serve to accomplish the work and meet project schedule. Provide list specific to the personnel assigned to accomplish the work called for in this RFP; illustrate the lines of authority; designate the individual responsible and accountable for the completion of the proposed project. Provide a narrative description of the organization of the project team. RFP # 230201 Page 12 of 41 Responder’s signature/Initials __________ Provide a personnel roster that identifies each person who will actually work on the contract and provide the following information about each person listed and Title; RFP MAG Guarantee per Proposal ( 1 page max.) Proposer's MAG Guarantee associated with this offer. Tab 2 - Proposed Concessionaire Information a. Name of owner/operator b. Address of concession owner/operator c. Telephone & Fax number d. Identification by name and address of principal financial investors/supporters committed to the project, specifying estimated proportionate levels of involvement for each in the total project. e. Include the name and telephone numbers of the designated individual(s), who will answer technical and contractual questions with respect to the proposal. Tab 3 - Authorization to Do Business in Texas and Management / Organization Evidence of authorization and if incorporated: certificate of good standing issued by the Secretary of State of Texas indicating Proposer is authorized to conduct business within the State of Texas. If Business is an individual: proof of registration with Cameron County doing business under assumed name (d/b/a). Tab 4 - RFP Bond Each RFP shall be accompanied by a Cashier's Check made payable to Cameron County in the amount of Five Hundred ($500.00) Dollars as a guarantee that if the Proposer receives an award, the Proposer will enter into a contract for services and submit proof of any required insurance. Checks of unsuccessful proposers will be returned. If the successful Proposer fails to satisfy all pre-work requirements or commence work after award, that Proposer shall forfeit this security deposit. Cameron County shall retain it as liquidated damages. Tab 5 - Minimum Annual Guarantee and Percentage Rental Proposer must submit a list of all concession services to be provided. The Minimum Annual Guaranteed amount, which is the same dollar amount each year. For the period of time during the term of the Concession Agreement that for the preceding twelve (12) month period, the successful Proposer shall pay the minimum annual guarantee indicated above on a monthly basis or appropriate percentage of gross receipts sales whichever is greater. The monthly minimum guarantee payment shall be due and payable in advance, without demand, by the first of the month. Percentage of gross receipts payments shall be due and payable on or before the 30th day of each anniversary year, commencing with the second year in which payments accrue under the Concession Agreement. The term "Gross Receipts" as used herein shall include all monies paid or payable to the Concessionaire for sales made and/or for services rendered at or from the premises and any other revenue of the type arising out of or in connection with the Concessionaire's operations at the premises, including but not limited to, any sales made or services rendered at or from the premises by concessionaire's agents, subtenants, or subcontractors, provided that Gross Receipts shall not include: a. Any taxes imposed by law which are separately stated to and paid by the customer and directly payable to a taxing authority by the concessionaire. Refunds and credits to customers for services or for merchandise returned or exchanged. b. Amounts and credits received in settlement of claims for loss of, or damage to merchandise. c. Amounts and credits received for merchandise returned to shippers, wholesalers, or manufacturers. d. Amounts received from the sale of waste or scrap material or from the sale or trade-in of fixtures, equipment, or furniture owned by concessionaire. e. The value of merchandise exchanged with or transferred to other operations of concessionaire. f. Tips and gratuities received by employees of he concessionaire, which were not included in the bill RFP # 230201 Page 13 of 41 Responder’s signature/Initials __________ presented to the customer. g. Any value gained from trade-out of existing fixtures, furnishings and equipment acquired. Tab 6 - Proposed Operating Budget and Financial Operating Statements Proposed annual operating budget and pro forma statement of projected results of the proposed Cameron County Restaurant, food and beverages concession operation for each year of operation, identifying the source of funds to cover any initial capital requirements or deficits shown on the pro forma statement. Proposer should submit balance sheets, statement of income, and statement of cash flow for the last two fiscal years. Please note that any financial statements provided shall be audited by an independent certified public accountant, if such audited financial statements are available. Financing Plan to include a detailed description of all financing sources including copies of loan commitment and documentation that all fees relating to such have been paid, verification of bank deposits for the start up and operation of the food and beverage concession or other documentation to show the current equity in the project, letters of commitment and contact names and numbers for verification. Indicate if the proposer or any principals ever had a bond canceled or filed for bankruptcy. If so, provide a separate statement indicating the conditions and resolution of this matter. Tab 7 - Security (Performance Bond) The selected Proposer, within 30 days of the time of the execution of the Concession Agreement, shall furnish the County with a valid security (performance) deposit for the amounts detailed in Article VI of the Concession Agreement. Tab 8 - Plans of Proposed Improvements to Property Provide a conceptual plan and color copy of artist rendering detailing how proposer plans to develop the property and provide a detailed description of proposer's conceptual plan and marketing strategy. The conceptual plan shall include, at a minimum, the following: a. The proposed layout of the proposed concession, b. Ingress and egress points, c. A front elevation of the proposed conceptual plan of all areas shown in Exhibit "A", d. Architectural style, building materials and general design and color scheme, e. Proposed signage and themes, f. A design and description of any proposed kiosks, carts or free-standing concession stands, and g. A design and description of any proposed improvements to the existing facility planned. (Please note: All design documents must be reviewed and approved by Cameron County and the Parks Department prior to any construction. It is the responsibility of the selected Proposer to obtain and comply with all permits, licenses and authorizations as may be applicable from all governing agencies having jurisdiction over the area to be developed and operated as the Restaurant, Food, and Beverage Concession at the Parks location per RFP.) Tab 9 - Minimum Proposed Investment in Concession Space Provide a detailed summary of the minimum investment proposed in development of the concession area Tab 10 - Time Frame Describe the time frame for proposed construction of improvements of the proposed concession space. Project commencement date (number of months after lease is approved by the Cameron County Commissioners Court.) Project completion date (open for business). Tab 11 – Changes / Deviations Requested changes to Concession Agreement RFP # 230201 Page 14 of 41 Responder’s signature/Initials __________ List any requested changes to the draft Concession Agreement. Each requested change shall reference the lease article and page number. All terms and conditions in the Draft Lease Agreement are final unless any requested changes are approved and agreed upon. The County has the right to negotiate the terms and conditions with the selected Proposer. Deviations to terms, conditions and specifications Any deviations from the terms, conditions and specifications listed herein must be clearly indicated; otherwise, it will be considered that the RFP offered is in strict compliance with these specifications and the successful Proposer will be held responsible. Tab 12 - References - Mandatory Complete & include Attachment A three (3) references page. References to include (3) three business references and one (1) creditor or bank. Tab 13 - All other information required by this RFP (Please note if applicable: All design documents must be reviewed and approved by Cameron County prior to any construction. It is the responsibility of the selected Proposer to obtain and comply with all permits, licenses and authorizations as may be applicable from all governing agencies having jurisdiction over the area to be developed and operated as the proposed Concession). Proposer must submit the following documents after contract award: Insurance documentation within ten (10) days from execution of the contract. All other information required in this RFP Concession Agreement The contents of this RFP and all provisions of the successful RFP deemed pertinent by the County may be incorporated into a Concession Agreement and become legally binding. A separate Concession Agreement will be issued. See attached concession agreement or preliminary draft. The Commissioners Court is the sole Contracting Officer for the County of Cameron, Texas, and only the Court is authorized to make changes to any contract. Award will be approved by the Cameron County Commissioners Court. Deviations All Proposals must clearly and with specific detail, note all deviations to the exact requirements imposed upon the Proposer by the specifications. Such deviations must be stated upon the RFP Form; otherwise Cameron County will consider the subject Proposals as being made in strict compliance with said specifications to Proposers, the Proposer being held therefore accountable and responsible. Proposers are hereby advised that Cameron County will only consider Proposals that meet the exact requirements imposed by the specifications; except, however, said Proposals may not be subject to such rejection where, at the sole discretion of Cameron County, the stated deviation is considered to be equal or better than the imposed requirement and where said deviation does not destroy the competitive character of the RFP process by affecting the amount of the RFP such that an advantage or benefit is gained to the detriment of the other Proposers. Records & Right to Audit The Proposer shall maintain such financial records and other records as may be prescribed by the County or by applicable federal and state laws, rules, and regulations. The Proposer shall retain these records for a period of three (3) years after final payment, or until they are audited by the County, whichever event occurs first. These records shall be made available during the term of the Concession Agreement and the subsequent three-year period for examination, transcription, and audit by the County, its designees, or other authorized entities. RFP # 230201 Page 15 of 41 Responder’s signature/Initials __________ Modifications Due to Public Welfare or Change in Law The County shall have the power to make changes in the Concession Agreement as the result of changes in law and/or Ordinances of Cameron County to impose new rules and regulations on the Proposer under the Concession Agreement relative to the scope and methods of providing services as shall from time-to-time be necessary and desirable for the public welfare. The County shall give the Proposer notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the Proposer. In the event any future change in Federal, State or County law or the Ordinances of Cameron County materially alters the obligations of the Proposer, or the benefits to the County, then the Concession Agreement shall be amended consistent therewith. Should these amendments materially alter the obligations of the Proposer, then the Proposer or the County shall be entitled to an adjustment in the rates and charges established under the Concession Agreement. Nothing contained in the Concession Agreement shall require any party to perform any act or function contrary to law. The County and Proposer agree to enter into good faith negotiations regarding modifications to the lease which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the Concession Agreement, the County and the Proposer shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the Proposer directly and demonstrably due to any modification in the lease under this clause. Right to Require Performance a. The failure of the County at any time to require performance by the Proposer of any provision hereof shall in no way affect the right of the County thereafter to enforce same. Nor shall waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. b. In the event of failure of the Proposer to deliver services in accordance with the lease terms and conditions, the County, after due written notice, may procure the services from other sources and hold the Proposer responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have. NON-PERFORMANCE a. Time is of the essence in this contract and failure to deliver the services specified shall be considered a default. b. In case of default, the County may procure the services from other sources and hold the Proposer responsible for all costs occasioned there by and may immediately cancel the contract. SPECIAL PROVISIONS a. PUBLIC ENTITY CRIMES - Any person submitting a RFP or RFP in response to this invitation certifies that they are aware of, and in compliance with, all requirements under Section 287.133, Texas Statutes, on Public Entity Crimes. Prior to RFP award, the recommended Proposer may be required to submit a sworn statement attesting to compliance with said statute. b. PERMITS AND LICENSES - The Proposer agrees to secure all necessary licenses and permits prior to award and agrees to comply with all Federal and State laws, and Minor Irregularities The County reserves the right to waive minor irregularities in RFP’s, providing such action is in the best interest of the County. Minor irregularities are defined as those that have no adverse effect on the County's best interests, and will not affect the outcome of the selection process by giving the Proposer an advantage or benefit not enjoyed by other Proposers. RFP # 230201 Page 16 of 41 Responder’s signature/Initials __________ Governing Laws Except to the extent Federal law is applicable, the laws and regulations of the State of Texas, and the County of Cameron, Texas, shall govern the interpretation, effect, and validity of any contract(s) resulting from this RFP. Venue of any court action shall be in Cameron County. In the event that a suit is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit. RFP # 230201 Page 17 of 41 Responder’s signature/Initials __________ INSURANCE AND LIABILITY During the period of this Contract, contractor shall maintain at his expense, insurance with limits not less than those prescribed below. With respect to required insurance, Contractor shall: a. Name County as additional insured, as its interests may appear, b. Provide County a waiver of subrogation, c. Provide County with a thirty (30) calendar days advance written notice of cancellation or material change to said insurance, d. Provide the County Purchasing Agent at the address shown on Page 1 of this contract, a Certificate of Insurance evidencing required coverage within ten (10) calendar days after receipt of Notice of Award. Also, please assure your certificate contains the contract number as indicated on the Contract Award form when issued by Cameron County. All insurance policies shall be issued by insurers licensed to do business in the State of Texas and any insuring company is required to have a minimum rating of B, Class VIII in the "Best Key Rating Guide" published by A.M. Best & Company, Inc., e. Loss Deductible Clause: The County shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Proposer and/or subcontractor providing such insurance, and f. Submit an original certificate of insurance reflecting coverage as follows: Automobile Liability: Bodily Injury (Each person) $250,000.00 Bodily Injury (Each accident) $500,000.00 Property Damage $500,000.00 General Liability (Including Contractual Liability): Bodily Injury (Per occurrence) $5,000,000.00 Bodily injury Aggregate $10,000,000.00 Property Damage (Per occurrence) $5,000,000.00 Property Damage Aggregate $10,000,000.00 Fire Damage $5,000,000.00 Medical Expense (Anyone (1) person) $5,000,000.00 Excess Liability: Umbrella Form Not Required Worker's Compensation: Statutory ............................................ g. INDEMNITY The Proposer covenants and agrees that it will indemnify and hold harmless the COUNTY and all of the County’s officers, agents, and employees from any claim, loss, damage, cost, charge, attorney's fees and costs, or any other expense arising out of any act, action, neglect, or omission by Proposer during the performance of the contract, whether direct or indirect, and whether to any person or property to which the COUNTY or said parties may be subject, except that neither the Proposer nor any of its subcontractors, or assignees, will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the COUNTY or any of its officers, agents, or employees. RFP # 230201 Page 18 of 41 Responder’s signature/Initials __________ h. PROTECTION OF PERSONS AND PROPERTY 1) The Proposer will take all reasonable precautions for, and will be responsible for initiating, maintaining and supervising all programs relating to the safety of all persons and property affected by, or involved in, the performance of his operations under this contract. 2) The Proposer will take all reasonable precautions to prevent damage, injury or loss to: (a) all persons who may be affected by the performance of his operations, including employees; (b) all materials and equipment; and (c) all property at or surrounding the work site. In an emergency affecting the safety of persons or property, the Proposer will act, with reasonable care and discretion, to prevent any threatened damage, injury or loss. i. Companies issuing the insurance policy, or policies, shall have no recourse against the County for payment of premiums or assessments for any deductibles which all are the sole j. PROPOSERS may, at the COUNTY'S request, be required to provide proof that their firm meets the preceding insurance requirements, by submission of Certificates of Insurance Coverage(s), prior to award of the Contract. RFP # 230201 Page 19 of 41 Responder’s signature/Initials __________ Attachment A RFP Title __________________ Proposer’s Name__________________ Date: __________ REFERENCES Please list (3) three references - (1) should be a concessionaire customer who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this RFP. REFERENCE ONE Government/Company Name:_____________________________________________ Address:______________________________________________________________ Contact Person and Title:_________________________________________________ Phone:_______________________________ e-mail address:____________________ Contract Period:____________________ Scope of Work______________________ REFERENCE TWO Government/Company Name:____________________________________________ Address:_____________________________________________________________ Contact Person and Title:________________________________________________ Phone:____________________________ e-mail address:_______________________ Contract Period:____________________ Scope of Work______________________ REFERENCE THREE Government/Company Name:______________________________________________ Address:_______________________________________________________________ Contact Person and Title:__________________________________________________ Phone:__________________________ e-mail address:__________________________ Contract Period:_________________ Scope of Work__________________________ THIS FORM MUST BE RETURNED WITH YOUR RFP. RFP # 230201 Page 20 of 41 Responder’s signature/Initials __________ BANK OR CREDITOR REFERENCES REFERENCE Government/Company Name:_____________________________________________ Address:______________________________________________________________ Contact Person and Title:_________________________________________________ Phone:_______________________________ e-mail address:____________________ Contract Period:____________________ Scope of Work______________________ RFP # 230201 Page 21 of 41 Responder’s signature/Initials __________ Attachment B STATE OF TEXAS COUNTY OF CAMERON AFFIDAVIT The undersigned certifies that the RFP prices contained in this RFP have been carefully checked and are submitted as correct and final and if RFP is accepted (within 60 days), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. BEFORE ME, the undersigned authority, A Notary Public in and for the State of _____________, on this day personally appeared ___________________________________ who, after having first been duly sworn, upon oath did depose and say; That the foregoing RFP submitted by___________________________________ hereinafter called “Proposer” is the duly authorized agent of said company and that the person signing said RFP has been duly authorized to execute the same. Proposer affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this RFP in collusion with any other Proposer. The Proposer is not a member of any trust, pool, or combination to control the price of products or services RFP on, or to influence any person to RFP or not to RFP thereon. I further affirm that the Proposer has not given, offered to give, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discounts, trip, favor, or service to a public servant in connection with the submitted RFP. The contents of this RFP as to prices, terms or conditions of said RFP have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this RFP. Name and Address of Proposer: ________________________________ ________________________________ ________________________________ Telephone number_______________ Fax number_______________________ _______________________________________ Signature Name:__________________________________ Title:__________________________ SWORN TO AND SUBSCRIBE BEFORE ME THIS__________ day of____________20_______. ___________________________ _________ Notary Public in and for County State THIS FORM MUST BE RETURNED WITH YOUR RFP RFP # 230201 Page 22 of 41 Responder’s signature/Initials __________ Attachment C RESIDENCE CERTIFICATION Pursuant to Texas Government Code δ2252.001 et seq., as amended, Cameron County requests Residence Certification. δ2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of δ2252.001 are stated below: “Nonresident Proposer” refers to a person who is not a resident. “Resident Proposer” refers to a person whose principal place of business is in this State, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. � I certify that _________________________________________________is a Resident (Company Name) Proposer of Texas as defined in Government Code δ2252.001. � I certify that ______________________________________________ is a Nonresident (Company Name) Proposer as defined in Government Code δ2252.001 and our principal place of business is _____________________________________________________________________. (City and State) Print Name:___________________________________Signature:______________________________________ THIS FORM MUST BE RETURNED WITH YOUR RFP RFP # 230201 Page 23 of 41 Responder’s signature/Initials __________ Attachment D CAMERON COUNTY EXPRESSLY REQUESTS THAT PROPOSERS NOT DISCUSS THIS ENGAGEMENT OR THIS PROPOSER’S PLANS, EXPERIENCE OR CREDENTIALS WITH OTHER PROPOSER’S OR ANY MEMBER OF COMMISSIONERS’ COURT, ANY COUNTY OFFICIAL, OR ANY EVALUATION COMMITTEE MEMBER APPOINTED BY COMMISSIONERS COURT. EXCLUDED ARE PRE-RFP OR PRE-RFP CONFERENCES, EVALUATION COMMITTEE SCHEDULED PROPOSER PRESENTATIONS OR PROPOSER INTERVIEWS, OR EVALUATION COMMITTEE SCHEDULED EQUIPMENT OR SERVICES DEMONSTRATIONS. YOU MAY CONTACT THE PURCHASING AGENT / PURCHASING DEPARTMENT AT ANY TIME. FROM RFP OPENING DATE THROUGH COMMISSIONERS COURT MEETING FOR SELECTION, VENDORS WILL NOT APPROACH THE COUNTY JUDGE OR COMMISSIONERS TO DISCUSS MATTERS PERTAINING TO THIS BID. 01. Has any individual with the firm submitting this RFP response made any contact with any member of Commissioners Court, any County Official, or an Evaluation Committee member concerning this Proposal, other than questions to the Purchasing Agent? __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 02. Has any individual with the firm submitting this RFP response made any contact with any other proposer concerning this RFP? ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ _________________________________________ _________ Signature of person doing business with the governmental entity Date THIS FORM MUST BE RETURNED WITH YOUR RFP RFP # 230201 Page 24 of 41 Responder’s signature/Initials __________ Attachment E ORDER NO. 2007O2005 THE STATE OF TEXAS § COUNTY OF CAMERON § ORDER ADOPTING CONTRACTING RULES FOR PERSONS INDEBTED TO COUNTY WHEREAS, pursuant to V.T.C.A., Local Government Code, Section 262.0276, a commissioner’s court is authorized to adopt rules permitting a county to refuse to enter into a contract or other transaction with a person indebted to the county; WHEREAS, the Commissioners Court of Cameron County finds it is in the best interest of Cameron County to adopt such rules; NOW THEREFORE, BE IT ORDERED by the Commissioners Court of Cameron County, that the following rules be adopted regarding Cameron County and persons interested in doing business with Cameron County: 1. Cameron County may refuse to enter into a contract or other transaction with a person with a past due debt to Cameron County, including delinquent ad valorem taxes, even if the person is the lowest or successful Proposer; and 2. For purposes of this Order, a debt is past due if it is not received in the County Treasurer’s Office by the due date in a written agreement or notice, and ad valorem taxes are past due if not received in the County Tax Assessor/Collector’s Office by February 1st following the January 1st on which the ad valorem taxes are due. 3. For purposes of this Order, a person includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability Company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with Cameron County requiring approval by the Commissioners Court. ADOPTED this 13 day of March, 2007. Taxpayer Identification Number (T.I.N.):__________________________________________________ Cameron County Acct #’s: Real Estate ________________________ Personal Property___________________ 01. Is the person or the firm submitting this RFP current with all local and State taxes? Yes No Signature of person submitting this Bid Date THIS FORM MUST BE RETURNED WITH YOUR RFP RFP # 230201 Page 25 of 41 Responder’s signature/Initials __________ Attachment F Certification Regarding Debarment & Suspension Ineligibility As is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 76, Government-wide Debarment and Suspension, in the applicant certifies, to the best of his or her knowledge and belief, that both it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; b. Have not within a three-year period preceding this bid and/or application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, theory, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated herein; and d. Have not within a three-year period preceding this bid had one or more public transactions terminated for cause or because of default. Company Name: _________________________ Signature: _________________ _____________________ _ Print Name: ____________________ Title: ________________________ __________________ _ Telephone Number: ________________ _____________ _ Date: ___________________ If the Bidder is unable to certify to all of the statements in this Certification, such Bidder should attach an explanation to this Bid. THIS FORM MUST BE RETURNED WITH YOUR RFP RFP # 230201 Page 26 of 41 Responder’s signature/Initials __________ Attachment G CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. OFFICE USE ONLY Date Received 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 _______________________________________ Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics,state.tx.us Revised 1/1/2021 http://www.ethics,state.tx.us/ RFP # 230201 Page 27 of 41 Responder’s signature/Initials __________ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12- month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics,state.tx.us Revised 1/1/2021 http://www.statutes.legis.state.tx.us/ http://www.ethics,state.tx.us/ RFP # 230201 Page 28 of 41 Responder’s signature/Initials __________ NEPOTISM CHART AFFINITY KINSHIP Relationship by Marriage The chart below shows • Affinity Kinship (relationship by marriage) • Consanguinity Kinship (relationship by blood) for purposes of interpreting nepotism as defined in VTCA Government Code, Chapter 573, §§573.021 - .025 CONSANGUINITY KINSHIP Relationship by Blood RFP # 230201 Page 29 of 41 Responder’s signature/Initials __________ Attachment H DISCLOSURE OF INTERESTS MUST BE FILLED OUT AND SUBMITTED WITH THE BID/RFP/RFQ IF DISCLOSING: BIDDER / PROPOSER MUST ALSO FILE WITH THE COUNTY CLERK’S OFFICE THE PURCHASING DEPT. WILL NOT BE FILING ON THE BIDDER’S BEHALF Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information. Every question must be answered. If the question is not applicable, answer with “N/A.” By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government. Date ____________ FIRM NAME: _____________________________________________________ ADDRESS:_______________________________________________________ ________________________________________________________________ FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( )____________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each “employee, elected official, or member of Commissioners Court” of Cameron County having Substantial Interest in Business Entity Local Govt. Code 171.002 a) For purpose of this chapter, a person has a substantial interest in a business entity if: (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceeds 10 percent of the person’s gross income for the previous year. b) A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. c) A local public official is considered to have a substantial interest under this section if a person related to the official in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest under this section. RFP # 230201 Page 30 of 41 Responder’s signature/Initials __________ DISCLOSURE OF INTERESTS (CONTINUED) Name Title Department CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Cameron County as changes occur. Certifying Person: ________________________________Title:_____________ (Type or Print) Signature of Certifying Person: _______________________ Date: __________ THIS FORM MUST BE RETURNED WITH YOUR RFP RFP # 230201 Page 31 of 41 Responder’s signature/Initials __________ Attachment I HOUSE BILL 89 VERIFICATION I, ____________________________________, [Person Name] the undersigned representative of _____________________________________________________ [Company or Business Name] (hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, does hereby depose and verify that the Company named above, under the provisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1. Does not currently boycott the country of Israel; and 2. Will not boycott the country of Israel during the term of the contract with Cameron County, Texas. Signature:___________________________ Date:___________________ Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. THIS FORM MUST BE RETURNED WITH YOUR RFP RFP # 230201 Page 32 of 41 Responder’s signature/Initials __________ GENERAL TERMS & CONDITIONS (Requests for proposals (RFP)) ADDENDA: If RFP specifications, terms or conditions are revised, the Cameron County Purchasing Department will issue an addendum addressing the nature of the changes and notify interested potential Proposers. Proposers must acknowledge receipt and consideration of any such changes by signing the addendum and including it in the RFP package containing the Proposer’s submittal. ADVERTISING: Unless otherwise required by law, Proposers to County RFPs shall not publish and shall keep confidential their intentions and actions respecting any response to the RFP. AWARD: Cameron County may hold RFP responses for a period of sixty (60) days. Cameron County reserves the right to reject any or all responses to RFPs. Cameron County reserves the right to award a contract, if any, based on the Proposer’s response when compared to the EVALUATION CRITERIA (AS STATED IN THE RFP) and, in accordance with the laws of the State of Texas, reserves the right to waive any formality or irregularity, to make awards to more than one proposer. Commissioners Court reserves the right to determine the method and procedures for the final award of all RFPs at any time they may choose, regardless of the Point System used by the Evaluation Committee. BONDS: If the contract that may be entered into with the County will likely require a performance guarantee or bond, the Purchasing Department will attach a separate page to the RFP explaining those requirements. CANCELLATION AND TERMINATION: In any contract resulting from the RFP, the County shall have the right to cancel all or any part of the undelivered portion of the contract if (1) Proposer breaches any of the terms hereof, including, but not limited to, applicable warranties, and/or (2) Proposer becomes insolvent or files for bankruptcy. Such right of cancellation is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Cancellation of work hereunder shall be affected by the delivery to the Proposer of a "Notice of Cancellation of Undelivered Work" specifying the extent to which performance of work, including all goods and services, under the contract is cancelled and the date upon which such cancellation becomes effective. The performance of work under any resulting contract may be terminated in whole, or in part, by the County in accordance with this provision. The County shall have the right to terminate all or any part of the contract if (1) the Proposer breaches any of the terms hereof, including, but not limited to, applicable warranties, and/or (2) Proposer becomes insolvent or files for bankruptcy. Such right of termination is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Termination of work hereunder shall be affected by the delivery to the Proposer of a "Notice of Termination" specifying the extent to which performance of work, including all goods and services, under the contract is terminated and the date upon which such termination becomes effective. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by mutual consent of the Proposer and the County. CONTRACT RENEWALS: Contract Renewals must receive Commissioners Court approval. For contract renewal status and information, please contact Elisa Cisneros at 956-982-5405 e-mail: Elisa.Cisneros2@co.cameron.tx.us Cameron County Purchasing Dept. or Dylbia Jeffries 956-550-1340 djefferies@co.cameron.tx.us at the Cameron County Civil Legal Division. Any price escalations are limited to those stated by the original contract terms. All contracts with a one (1) year renewal option require that the Proposer must notify Cameron County of any anticipated price increases in writing at least three months (90 calendar days) prior to the annual renewal award date unless otherwise specified within the specific provisions of the contract up for renewal. This allows the County sufficient time to find an alternative vendor if possible. If Proposer fails to notify the County within time noted it shall be assumed that there will be no price increase for the following year’s award period if renewed. This procedure does not apply to any contract which allows for Open Market Price increases or Cost allowance increases. DISCRIMINATION: In order to encourage fair employment practices, the Proposer agrees as follows: 1.) Proposer will not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap, or national mailto:Elisa.Cisneros2@co.cameron.tx.us mailto:djefferies@co.cameron.tx.us RFP # 230201 Page 33 of 41 Responder’s signature/Initials __________ origin; 2) in all solicitations or advertisements for employees, the Proposer will state that all qualified applicants will receive consideration without regard to race, color, sex, age, religion, handicap or national origin; 3) the Proposer will furnish such relevant information and reports as requested by the County for the purpose of determining compliance with these regulations; and 4) failure of the Proposer to comply with these laws will be deemed a breach of contract and it may be cancelled, terminated or suspended in whole or in part as a result thereof. DISQUALIFICATION OF PROPOSER: Upon submitting a response to this RFP, Proposer certifies that the Proposer has not violated the antitrust laws of this state codified in Texas Business and Commerce Code 15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly its RFP considerations, plan or response to any competitor or any other person engaged in such line of business. Any and all responses may be rejected if the County believes that collusion exists among the Proposers. If multiples are submitted by a Proposer and after all responses to the RFPs are opened one or more of the responses are withdrawn, the result will be that all of the responses submitted by that Proposer will be withdrawn; however, nothing herein prohibits a Proposer from submitting multiples for different products or services. EVALUATION: All responses will be evaluated in accordance with law and reviewed to assure they are in the best interest of Cameron County. Evaluations shall be based on criteria bearing on price and performance of the items or services in the user environment. Any specific criteria section or sections identified elsewhere in this RFP may be evaluated by one or more evaluators once the basis and details of this process have been approved by the Purchasing Officer and acknowledged by the Evaluation Committee. Detailed information pertaining to this selective evaluation process is available to Proposers and the Commissioners Court upon request. Evaluation sheets and any summary of all responses are subject to review by the Cameron County Purchasing Department and Evaluation Committee's recommendation to Cameron County Commissioners Court. Compliance with all RFP requirements, delivery terms and needs of the using department are considerations in evaluating responses. Pricing is NOT the only criterion for making a recommendation (see criteria and relative importance of price and other evaluation factors, if any, specified elsewhere in this RFP). The Cameron County Purchasing Department reserves the right to contact any Proposer, at any time, to clarify, verify or request information with regard to that Proposer’s response. The Cameron County Purchasing Department further reserves the right to hold negotiation discussions with any responsible Proposer determined to be reasonably susceptible of being selected for award in accordance with law. PROTEST PROCEDURES: Procedure - This protest procedure is available to Proposers responding to this RFP and requesting a debriefing conference. Debriefing Conference – A debriefing conference must be requested in writing to the Purchasing Department within five (5) business days from the date of the RFP award by the Cameron County Commissioners’ Court. Debriefing questions must be submitted in writing to the Purchasing Department no later than two (2) business days before the scheduled date for the Debriefing Conference. These questions will be answered at the debriefing conference. Follow- up questions must be submitted (in writing) no later than one (1) business day after the date of the Debriefing Conference and answered no later than two (2) business days after the date of the Debriefing Conference. Follow-up answers will be sent via e-mail or fax (if e-mail not available). For RFPs, Proposers are given the opportunity to ask questions of the Evaluation Committee relative to their responses and the Committee’s scores. Protests are made: 1. To the Purchasing Department after the debriefing conference. Proposer protests shall be received, in writing, by the Purchasing Department within five (5) business days after the debriefing conference. 2. To the Protest Committee, only after the protest to the Purchasing Department was not satisfactorily resolved. Protests to the Protest Committee shall be made within five (5) business days after the Proposer has received notification from the County Purchasing Department of its decision. Grounds for protest 1. Errors were made in computing the score. 2. The County failed to follow procedures established in the RFP, the Purchasing policy on acquisitions or applicable state or federal laws or regulations. 3. Bias, discrimination or conflict of interest on the part of an evaluator. Protests not based on these criteria shall not be considered. RFP # 230201 Page 34 of 41 Responder’s signature/Initials __________ Format and Content - Protesting Proposers shall include, in their written protest to the Cameron County Purchasing Department, all facts and arguments upon which they rely. Proposers shall, at a minimum, provide: 1. Information about the protesting Proposer; name of firm, mailing address, phone number and name of individual responsible for submission of the protest. 2. Information about the acquisition and the acquisition method. 3. Specific and complete statement of the County’s action(s) being protested. 4. Specific reference to the grounds for the protest. 5. Description of the relief or corrective action requested. 6. For protests to the Protest Committee, a copy of the Purchasing Department’s written decision on the protest. Review Process: 1. Upon receipt of a Proposer’s protest, the Purchasing Department shall postpone further steps in the acquisition process until the Proposer protest has been resolved. 2. The Department’s internal protest review procedures consist of the following: a) The Purchasing Department shall perform an objective review of the protest by individuals not involved in the acquisition protested. The review shall be based on the written protest material submitted by the Proposer. b) A written decision will be delivered to the Proposer within five business days after receipt of the protest, unless more time is needed. The protesting Proposer shall be notified if additional time is necessary. Final Determination: The final determination shall: 1. Find the protest lacking in merit and uphold the agency’s action; or 2. Find only technical or harmless errors in the agency’s acquisition process, determine the agency to be in substantial compliance, and reject the protest; or 3. Find merit in the protest and provide the agency options which may include recommendations to a) correct its errors and reevaluate all proposals, and/or b) reissue the Proposer solicitation document; or c) make other findings and determine other courses of action as appropriate. Protest Committee Review Process: Protests to the Protest Committee may be made only for Protest Committee approved acquisitions, and only after review by County Purchasing Department. Protests of the decisions of County Purchasing Department shall be made by letter to the Protest Committee, who may establish procedures to resolve the protest. Protests shall be received by the Protest Committee within five business days after the decision of Purchasing Department in order to be considered. The Committee’s decision is final, with no further administrative appeal available. FISCAL FUNDING: A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include “fiscal funding out” clause. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the Proposer from the using department without penalty of any kind or form to Cameron County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the Proposer. GRATUITIES AND PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: Any elected or appointed official who has any substantial interest, either direct or indirect, in any business entity seeking to contract with the County, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special RFP # 230201 Page 35 of 41 Responder’s signature/Initials __________ effect on the entity other than its effect on the public. However, if a majority of the governing body is also required to file, and do file similar affidavits, then the member is not required to abstain from further participation. Attached and included in this RFP is a disclosure of all of this Company's business or pecuniary financial relationships with officers or employees of Cameron County or County entities (if any such relationships exist) which must be filled out, attached and included with the RFP response. The County may, by written notice to the Proposer, cancel this contract without liability to Proposer if it is determined by County that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Proposer, or any agent, or representative of the Proposer, to any officer or employee of Cameron County with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performance of such a contract. In the event this contract is cancelled by County pursuant to this provision, County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the costs incurred by Proposer in providing such gratuities. Proposer guarantees that he has not retained a person to solicit or secure any contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Proposer for the purpose of securing business. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION: If Proposer is a Certified Historically Underutilized Business (HUB), please include a copy of your HUB Certificate with your response. This information will assist Cameron County in the percentage tracking of HUB utilization. INSURANCE: The Proposer shall secure and maintain, throughout the duration of the Contract, insurance of such types and in such amounts as may be necessary to protect the Propose