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REQUEST FOR PROPOSALS

Economic Development Strategic Plan Update

ISSUED BY: Buda Economic Development Corporation

203 Railroad St., Suite 3-A P.O. Box 1650

Buda, TX 78610

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Table of Contents INTRODUCTION ............................................................................................................................................. 3

DEFINITIONS .................................................................................................................................................. 3

PURPOSE/BACKGROUND .............................................................................................................................. 4

PURPOSE ................................................................................................................................................... 4

BACKGROUND ........................................................................................................................................... 4

SCOPE OF SERVICE: ....................................................................................................................................... 5

Economic Development Strategic Plan: .................................................................................................... 5

RESPONSE TO THE RFP ................................................................................................................................ 10

EVALUATION OF PROPOSALS ...................................................................................................................... 12

SUBMISSION OF PROPOSAL & DEADLINE ................................................................................................... 15

Schedule of Important Dates .................................................................................................................. 16

Pre-Proposal Meeting ............................................................................................................................. 16

INSTRUCTIONS, TERMS AND CONDITIONS ................................................................................................. 16

Attachment A: COST PROPOSAL ON ECONOMIC DEVELOPMENT STRATEGIC PLAN .................................. 21

ATTACHMENT B: CONFLICT OF INTEREST QUESTIONNAIRE ...................................................................... 23

ATTACHMENT C: STANDARD CONTRACT/ PROFESSIONAL SERVICES AGREEMENT ................................... 24

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INTRODUCTION Buda Economic Development Corporation will receive sealed proposals for an Economic Development Strategic Plan Update from consultants interested and qualified to perform such studies. It is the intent of the Buda Economic Development Corporation to select a single consultant to accomplish all the services outlined in this Request for Proposal. Buda Economic Development Corporation will receive sealed proposals for an Economic Development Strategic Plan to provide for a contract commencing within thirty (30) days after the date of the award by the Buda Economic Development Corporation and continuing for a period sufficient to complete the original scope of work but no more than a six (6) month period.

IT IS UNDERSTOOD that the Buda Economic Development Corporation reserves the right to negotiate all elements that comprise the proposal and to accept or reject part or all of any proposal.

Request for Proposal documents are available at the Buda Economic Development Corporation office and online at www.budaedc.com. If Addendums are posted online, they will be posted on the website(s).

DEFINITIONS BEDC - Buda Economic Development Corporation. Consultant - Professional or consulting firm submitting a proposal to this RFP. Plan - Economic Development Strategic Plan. RFP - Request for Proposal; this solicitation.

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PURPOSE/BACKGROUND PURPOSE: The BEDC is requesting proposals from potential consultants for a Plan, more specifically, an updated or new draft of the 2013 Economic Development Strategic Plan. 1. Conduct meetings and community events with various officials and citizens, to include any necessary presentations; 2. Reevaluate strengths, weaknesses, opportunities and challenges regarding economic development; 3. Reevaluate target industries and potential development areas; 4. Review existing research, city and stakeholder master plans, regional strategic plans, and existing relevant programs; 5. Prepare and present a final report to the BEDC including new recommendations to attract target industries through collaboration and marketing; and 6. Identify the best method for organizing, funding, and operating a superior citywide economic development program. 7. Identify and present a report to the BEDC with key infrastructure projects that impact future economic development. These documents will build upon the 2013 Economic Development Strategic Plan, 2030 Comprehensive Plan, Transportation Master Plan, Parks & Trails Master Plan, Capital Improvements Plan, Downtown Master Plan and other relevant studies that have set forth goals and objectives for economic growth and sustainability. BACKGROUND: The BEDC is a Texas Type B Corporation that promotes, assists, and enhances the economic development activities and quality of life within the City of Buda, Texas. It was established in early 2001 by the city’s voters and is primarily funded by a half-cent sales tax in the City of Buda. By attracting new businesses to the area and expanding existing ones, the BEDC attracts capital investment to add to Buda’s tax base and helps to increase the number of primary jobs for residents. Buda, with a 2016 population of 16,428, is located in the greater Central Texas region, and is a city within the Austin-Round Rock Metropolitan Statistical Area (MSA). Located in northern Hays

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County on IH 35, Buda is approximately 15 miles south of downtown Austin and 15 miles north of San Marcos. Buda is the fastest growing city, with a population of over 10,000, in the State of Texas. Buda has been experiencing rapid population growth since 2000, which is largely attributed to its proximity to Austin and its location along the Interstate 35 corridor. The city is expected to continue to grow, both in population and economic vitality. During the 2013 Economic Development Strategic Plan, seven (7) categories that influence economic diversification were identified:

1. Downtown Improvements 2. Transportation and other infrastructure 3. Sites and Buildings 4. Business Communication and Support 5. Workforce Development 6. Entrepreneurship and Office Development 7. Retail and Entertainment

Four Target Industries were also identified: Hospitality & Tourism, Office Space, Retail & Entertainment, and Light Industrial. The 2013 Economic Development Strategic Plan generated 42 action items to be completed over the next 10 years. As of 2017, most of these action items have either been accomplished, implemented, are being implemented, or mitigating circumstances have made them no longer valid action items.

SCOPE OF SERVICE: The Consultant’s overall responsibility and scope of work is to prepare an updated original Plan containing goals, objectives and implementation measures. The Consultant will also provide meeting facilitation services, supporting materials, and social media services during the public outreach process as necessary. The Consultant shall provide professional services to support the following tasks:

Economic Development Strategic Plan:

A) Community Assessment, Workforce and Educational Institution Analysis: Analyze strengths, weaknesses, opportunities and constraints of the local and regional economy. The review will include social, demographic, economic and physical factors, including, but not limited to, the following:

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1) Existing and planned infrastructure;

2) Residential housing growth and development;

3) Existing economic base and competitive advantages;

4) Local land and building availability;

5) Locations for commercial and industrial growth;

6) Regional competition and competitive assets;

7) Special initiatives for economic growth;

8) Comparative analysis of benchmark communities; and

9) Evaluation of local and regional labor characteristics, market trends, employment development resources, and workforce training opportunities.

B) Cluster, Location Quotient, Target Industry and Operational Analysis: The Consultant will provide a Cluster, Location Quotient, Target Industry and Operational Analysis to include identification of:

1) Specific industries and business types that consider strengths, weaknesses, opportunities and threat constraints;

2) Needed improvements and actions that will accelerate business attraction and recruitment of such development;

3) State and federal programs or other programs that will be developed or implemented including, but not limited to, entrepreneurial development, business incubation and strategies for any special new industries;

4) Analyze the potential impact of events to Buda from the Circuits of the America ™ Multi-Purpose Facility, Austin festivals/events (SXSW, ACL), wedding venues, and other tourist attractions in the area; and the impact of events held within the City of Buda;

5) Explore the role of retail within the community and provide for a business diversification analysis. What are best practices in diversifying tax base to bring in other revenue streams to offset property tax and unpredictable sales tax collection given the changing dynamic of the retail industry; and

6) Analysis of existing economic development organizations locally, regionally and statewide.

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C) Assessment of BEDC organization & comparison to other economic development organizations (EDO) in areas of overall roles and responsibilities; organizational structure & funding; economic development tools utilized; role of an EDO’s expenditures on planned infrastructure on capital projects; and appropriate niche role in financially supporting economic development ventures, such as infrastructure development, tax incentives (i.e. Chapter 380 agreements), property acquisition and speculative construction, and construction of special purpose facilities to encourage target businesses (i.e. development of “wet lab” to support biotechnology startups).

D) Incentive program: The Consultant will review the existing Incentive Policy and program and recommend possible changes to include:

1) Identification of incentives currently used in targeting preferred industries and businesses and make recommendations for policy changes;

2) Review of current incentives policy with regional competitors and suggestions for policy changes;

3) Look into incentives for “green” initiatives, advanced technology initiatives and biotechnology;

4) Look into incentives for speculative development of industrial and office space

5) Identify approaches to promote mixed-use nodes for appropriate development as discussed in the 2030 Comprehensive Plan.

E) Existing business development: The Consultant will provide existing business development to include:

1) Analysis of existing business retention and expansion activities including any infill, redevelopment, “greyfield” and/or “brownfield” sites;

2) Identification of programs and services to assist and retain existing business; and

3) Identification of programs and services to assist existing businesses with growth and training.

F) Tourism and Marketing Analysis: The Consultant will analyze existing tourism-related events and attractions and review current marketing efforts with regional partners and suggested recommendations. The Consultant will analyze and provide an estimated economic impact for events that could be held within the City of Buda, including the following types: concert series, food festival, sporting event, and community festival.

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G) Infrastructure Analysis: The Consultant will analyze existing infrastructure and planned infrastructure and make suggested recommendations for the BEDC to fund key projects to aide timelier economic growth in the community.

H) Land Use Analysis: Given that Buda is a land locked community, the Consultant will analyze existing land use plans and make recommendations to ensure that the available land in Buda is used for the highest and best use.

I) Workforce Analysis/Development: The Consultant will provide an analysis of the workforce of the community including:

1) Analysis of the workforce that are employed by Buda businesses, who may or may not be residents of the community.

2) Analysis of the workforce that are residents of the community but employed outside Buda.

3) Identification of issues that result in Buda businesses’ inability to hire residents and residents’ inability to be employed in Buda.

4) Identification of programs and services that will address the issues identified.

J) Implementation plan: In addition to any items mentioned above that identify strategies, approaches or recommendations, the Consultant will provide an implementation plan to include:

1) Assessment of the fit between resources, business attraction targets and existing employment base;

2) Identification of general training needed to improve the skills of the local workforce to meet existing and potential employment needs;

3) Research of growth plans for regional educational institutions and vocational programs and the provision of strategies for ways to include graduates and non-graduates in the local workforce;

4) Provide strategies for new programs in venturing into new business programs with costs analysis to include in areas such as green development opportunities; start-up business or incubation program for Buda; Downtown Business District; advanced technology/high-tech, biotechnology, including research & development facility needs; and regional, national & international trade & distribution;

5) Provide strategies for business and industrial parks in areas such as identification of strategies for marketing existing and planned industrial parks; and identification of potential future needs for business and industrial park locations, as well as speculative industrial building construction, including discussion of public-private partnership methodologies;

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6) Provide strategies for addressing any infill or redevelopment and any “brownfield” or “greyfield” sites for redevelopment purposes, with attention to aging retail centers and sites with potential constraints caused by environmental damage. This should include discussion of funding approaches, public-private partnerships and other means not only to mitigate their affects but also to turn such sites into thriving activity centers;

7) Provide strategies to promote Buda as a convention and tourism destination; and promotional themes and marketing activities to attract targeted industries and tourism, especially tapping into the impact of events from Circuits of the America ™ Multi-Purpose Facility;

8) Provide strategies for funding economic development in Buda

9) Incorporation of strategies into a 10-year economic development implementation plan;

10) Provision of immediate course of action with short-term, mid-term, and long-term actions that include benchmarks, needed resources, timelines, and goals with and achievable milestones to facilitate economic development program(s) creation; and

11) Provision of budget and implementation schedule for economic development program(s).

K) Community involvement: A well thought-out community involvement & outreach process, facilitated by the Consultant, is an essential part of the Plan. The Consultant will include marketing strategies, to include press outreach, website and social media efforts to both inform the public and seek their input. Likewise, the Consultant will conduct focus groups, public input meetings and interviews with the following:

1) BEDC and City government elected/appointed officials and staff;

2) Ad hoc committees (if applicable);

3) Stakeholder groups;

4) Citizens and landowners;

5) Current business owners including developers, realtors, and downtown merchants;

6) Chamber of Commerce members;

7) Education leaders (K-12, higher education); and

8) Special event organizers, both non-profit and for-profit.

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L) Meetings: The Consultant will conduct meetings as follows:

1) Initial staff meetings for organizational, technical and substantive issues;

2) Initial meetings with community representatives to discuss issues of concern;

3) Ongoing review and discussion of drafts with BEDC staff;

4) Public input meetings to review issues and obtain general direction;

5) Presentation of draft plan components to BEDC; and

6) Presentation of draft plan at public meetings and final adoption.

M) Document Format: The successful Consultant will provide one (1) original and nine (9) copies of both the draft and final version of the Plan in hard copy, in electronic format acceptable to the BEDC (i.e. .DOC, .PDF), and web-ready electronic format acceptable to the BEDC. The successful Consultant will create all maps in a BEDC-approved geographical information systems application. Maps and supporting documentation will be maintainable using current BEDC software programs. All final map files will be presented in either Arc GIS shape file or BEDC-approved file on a BEDC-approved form of submission.

RESPONSE TO THE RFP The following items are required in each proposal. In order to expedite the evaluation of proposals, proponents will organize their proposals in the same sequence. Instructions regarding scope and contents are given in this section. These instructions are designed to ensure the submission of information essential to the understanding and comprehensive evaluation of each proposal. All cost proposals will be submitted on the form provided in this RFP. If the cost proposal is not submitted on the form provided, the proposal will be rejected. Facsimile or email proposals will not be accepted. Proposals must contain a concise presentation of sufficient length to be complete. Brevity is appreciated when possible. All documents and attachments will be contained in a presentation folder or binder no larger than 8- 1/2” by 11”. No submittals via email or fax will be accepted. Proposals for ‘boilerplate’ plans will not be acceptable.

A. COVER LETTER: A cover letter with company name, address, phone number, project contact and principal signature is required, expressing interest in the project and certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project.

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B. WORK PLAN: Explain the work plan with detailed specific tasks as noted in Scope of Service Section of this RFP. Note all tasks and the responsible parties including the City and sub-consultants.

C. PROJECT SCHEDULE: A project schedule showing key task target dates (including community meetings, public meetings and staff team meetings) and estimated task duration.

D. PROJECT TEAM: A resume for the principle of the firm along with a resume for the project manager. Provide primary contact, names and titles of employees and all subconsultant team members, partnering firms and their team members who will have responsibilities under the subsequent agreement. Provide a brief background on all participants to include professional work and areas of expertise.

E. RELEVANT EXPERIENCE: List projects of a similar nature with which the successful proponent has had direct experience. Be specific on why the referenced projects are similar to this project.

F. QUALITY CONTROL: Describe how the successful consultant will handle quality control to monitor and resolve issues and check and cross-reference documents.

G. FEES: Provide a list of fees for the entire scope of services with a total “not to exceed” amount listed for each item on the Cost Proposal Form included in this packet. Provide hourly rates for additional services as well as the costs for out of pocket expenses. Please submit the prospective Cost Proposal Form for the Plan and Study. Any additional backup documentation showing cost breakdown can be submitted along with the Cost Proposal Form.

H. CERTIFICATION FORM. Submit a completed Certification Form with the proposal.

I. CONFLICT OF INTEREST FORM (“CIQ”). Submit a completed CIQ with the proposal.

Failure to address items A through I in the Response to the Request for Proposals Section in detail will be sufficient reason to eliminate a proposal from consideration

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EVALUATION OF PROPOSALS A) EVALUATION CRITERIA: The BEDC will evaluate the qualifications of consultants submitting proposals based on, but not limited to, the following criteria and will award points in each category up to the maximum number of points listed:

Criteria Maximum

# of Points

1. Accuracy of proposal submission. All information requested has been submitted. The correct number of proposals has been submitted.

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2. The consultant’s history, background, staffing, and capabilities to complete this assignment.

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3. Proposed methodology and time lines. Project Management Services. Commitment to meeting project agendas, time frames and budgets.

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4. Personnel or sub consultants’ background, qualifications, demonstrated creativity and experience in the economic development industry.

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5. Experience and demonstrated expertise in developing a Plan for similar sized communities. Municipal references and samples provided for work of similar scope. Knowledge and demonstrated success in integrating the concerns of local citizens, the business

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community, quality of life issues, state transportation issues, target industries and other such issues.

6. Project fee and per hour rate for staff/sub consultants.

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TOTAL 100

Optional: Presentation by short-listed consultants.

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B) EVALUATION COMMITTEE & RANKING: A committee comprised of City and/or BEDC staff and Board Members shall review and rank all proposals according to qualifications, and consultants may be selected for interviews or oral presentations as deemed necessary by the committee. The committee shall make a recommendation to the BEDC Board of Directors for final selection. The BEDC makes no commitment to any respondent to this RFP beyond consideration of its written response.

C) INTERVIEWS: The BEDC may conduct interviews with one or more qualified consultants which timely and properly submit a proposal. The BEDC reserves the right to select a consultant without interviews based solely on the information contained in the proposal.

D) CONTRACT: The selection of the consultants and the execution of a contract, while anticipated, are not guaranteed by the BEDC. The BEDC reserves the right to determine which proposal is in the BEDC’s best interest and to award the contract on that basis, to reject any and all proposals or portions thereof, waive any irregularities of any proposal, negotiate with any potential proponent (after proposals are opened) if such is deemed in the best interest of the BEDC.

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AWARD OF CONTRACT

A) NEGOTIATIONS: After selection of a consultant based on qualifications, the BEDC will then enter into negotiations as to the terms of the contract, all aspects of services, and the compensation to be paid to the proponent. B). INABILITY TO REACH AGREEMENT: In the event the negotiations between the most qualified proponent(s) selected and the BEDC cannot be completed as a result of an inability to reach agreement on the fee for services or the scope of work to be performed, then at the option of the BEDC, the contract may be awarded to the next most qualified proponent. Negotiations will continue in this sequence until a contract is finalized or all proposals are rejected. C) BEDC BOARD APPROVAL: The final contract will be submitted to the BEDC for approval. D) FINAL CONTRACT:

1) The selected consultant will be required to assume responsibility for all services offered in its proposal, whether or not such services are provided by a partnership arrangement. The successful consultant will be considered the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

2) The successful consultant will be required to enter into the Standard Contract/ Professional Services Agreement with the BEDC attached herein.

3) This RFP and the successful consultant’s proposal, or any part thereof, may be incorporated into and made a part of the final contract. The BEDC reserves the right to negotiate the terms and conditions of the contract with the successful consultant.

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SUBMISSION OF PROPOSAL & DEADLINE

Submit one (1) original, four (4) copies and a CD, thumb drive, or DVD as a .pdf file of the proposal to the BEDC office no later than:

3:00 pm on Wednesday, January 24, 2018

Proposals must be received in the BEDC office before opening date and time, submitted in a sealed envelope or container stating on the outside: DO NOT OPEN – Economic Development Strategic Plan. Submitted by the Bidder’s name, address, title, and due date.

IF HAND DELIVERED:

Buda Economic Development Corporation

203 Railroad Street, Suite 3-A

Buda, TX 78610

MAILING ADDRESS:

Buda Economic Development Corporation

P.O. Box 1650

Buda, TX 78610

Each proposal shall be sealed and manually signed by a person having the authority to bind the firm in a contract. All proposals shall be signed and dated. Proposals that are not signed and dated will be rejected. Facsimile transmittals shall not be accepted.

For questions regarding bid specifications and for the deadline for inquiries, please refer to the Addenda & Questions paragraph under the Instructions, Terms and Conditions Section contained herein.

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Schedule of Important Dates The tentative schedule for this Request for Proposal is as follows: Release RFP to Consultants: Wednesday, December 27, 2017 Advertisement Dates: Wednesday, January 3rd, 2018 - Wednesday, January 17, 2018 Pre-Proposal Meeting: Monday, January 8, 2018 at 9:00 a.m. at the City of Buda City Hall Council Chambers. Deadline for Questions and Inquiries: No later than 3:00 p.m., Friday, January 19, 2018. Proposal Submission Deadline: No later than 3:00p.m. Wednesday, January 24, 2018

Pre-Proposal Meeting

A pre-proposal meeting will be held at the office of the City of Buda City Hall Council Chambers 121 Main Street, Buda, TX 78610 on Monday, January 8, 2018 at 9:00 a.m. to answer any questions regarding this RFP.

INSTRUCTIONS, TERMS AND CONDITIONS GENERAL INSTRUCTIONS: Consultants submitting proposals should carefully examine all terms, conditions, specifications and related documents. Should discrepancies or omissions from the specifications or related documents be discovered, or should there be doubt as to their meaning, the BEDC should be notified immediately for clarification prior to submitting the proposal. 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, the BEDC’s interpretation shall govern.

__________________

ADDENDA & QUESTIONS: All question regarding this proposal and any regarding the meaning or intent of the RFP are to be directed to the following contact(s). Interpretations or clarification considered necessary by the BEDC in response to such questions will be issued by Addenda and posted either online or otherwise delivered to all parties recorded by the BEDC as having received the RFP. Questions received less than 48 hours prior to the due date and time will not be answered. Only questions answered by a formal written Addenda will be binding. No oral and

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other interpretations or clarification will be considered official or binding. All addenda shall be acknowledged on the Certification form attached herein.

Buda Economic Development Corporation

Contact: Ann Miller

P.O. Box 1650

203 Railroad Street, Suite 3-A

Buda, TX 78610

Office: 512-295-2022

Fax 512-295-3519

ann@budaedc.com

ALTERING PROPOSALS: Proposals cannot be altered or amended after submission deadline. Any alterations or erasures made before opening time must be initialed by the signer of the proposal, guaranteeing authenticity.

CERTIFICATION: Proposals must be completed and submitted as required in this document. A Certification form, attached herein, must be fully completed. Submittals that do not include a signed Certification form will be considered non-responsive and will not be evaluated.

COMMUNICATION: The BEDC shall not be responsible for any verbal communication between any employee of the BEDC and any potential firm. Only timely and properly submitted written proposals will be considered.

CONFLICT OF INTEREST: No public official shall have interest in this contract except in accordance with Local Government Code Title 5, Subtitle C, Chapter 171.

CONTRACT AWARD: If a contract is awarded, the consultant will be selected on a rational basis using the proposal evaluation factors and results of subsequent negotiations. The BEDC has the

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right to award a contract upon the conditions, terms, and specifications contained in a proposal submitted to the BEDC for a period of up to one hundred twenty (120) days following the date specified for the proposal submission deadline. DELIVERY: All delivery and freight charges are to be included in the proposal price.

DESCRIPTIONS: It is the intent of the BEDC to be DESCRIPTIVE - NOT RESTRICTIVE and to establish a desired quality level of product or to meet a pre-established standard of quality. Consultants may offer items of equal quality and the burden of proof of such quality rests with them. The BEDC shall act as sole judge in determining quality and acceptability of products offered.

DISCLOSURE: There will be no disclosure of contents to competing firms and all proposals will be kept confidential during the selection process to the degree permitted by law. The BEDC is subject to the Texas Public Information Act, Texas Government Code, Chapter 552. Government Code 552.110 excepts from required public disclosure a trade secret or commercial or financial information that may be privileged or confidential by statute or judicial decision. However, the BEDC considers all information, documentation, and other materials requested to be submitted in response to this RFP to be non-confidential and/or non-proprietary and therefore subject to public disclosure after the contract is executed.

DOCUMENTATION: The Consultant shall provide with this proposal response all documentation required by this RFP. Failure to provide this information may result in rejection of proposal. Vendor is encouraged to submit concise and clear responses to the RFP. Responses of excessive length or complexity are discouraged. The BEDC reserves the right to include the selected proposal or any part or parts of the selected proposal in the final contract.

ETHICS: The Consultant shall not offer gifts or anything of value or enter into any business arrangement with any employee, official or agent of the BEDC or City of Buda. More than one proposal on any one contract from a firm or individual under different names shall be grounds for rejection of all proposals in which the firm or individual has an interest. One or all proposals will be rejected if there is any reason to believe that collusion exists between bidders

Consultants must comply with Chapter 176 of the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with BEDC, including affiliations and business and financial relationships such persons may have with BEDC officers. By doing business or seeking to do business with the BEDC, including submitting a response to this RFP, the Consultant acknowledges that he/she has been notified of the requirements of

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Chapter 176 of the Texas Local Government Code and is representing that said Consultant is in compliance with those requirements.

Conflict of Interest Questionnaire contained herein must be filled out and turned in with each proposal.

INDEMNIFICATION: The successful Consultant shall indemnify, defend, and hold the BEDC, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising from or caused by any act or omission of contractor, its officers, employees, agents, or subcontractors, in performing its obligations under this contract.

INVOICES submitted for payment shall be addressed to BEDC. Periodic payments will be made within thirty (30) days of invoice date provided that all other requirements are detailed in the contract have been fulfilled.

LATE PROPOSALS: Proposals received at the BEDC office after submission deadline will be considered void and unacceptable. BEDC is not responsible for lateness or non-delivery of mail, carrier, etc., and the date/time stamp in the BEDC office shall be the official time of receipt.

LOBBYING PROHIBITED: Consultants are prohibited from directly or indirectly communicating with BEDC members, elected officials or anyone affiliated with the Economic Development Corporation Board regarding the Consultant’s qualifications or any other matter related to the eventual award of a contract for the services requested under this RFP. Consultants are prohibited from contacting BEDC and City staff members regarding their qualifications or the award of a contract, unless in response to an inquiry from a staff or committee member. Any violation will result in immediate disqualification of the Consultant from the selection process.

MANAGEMENT: Should there be a change in ownership or management of the successful bidder, any and all contracts that result from this RFP shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions, requirements, terms, conditions, schedule, and fees. This contract is nontransferable by either party.

PRICING: Prices for all goods and/or services shall be firm for the duration of this contract. Prices shall be all inclusive. Additional charges not shown in the proposal will not be honored.

PROPOSALS MUST COMPLY with all federal, state, county and local laws concerning this type of goods or service.

REIMBURSEMENT: There is no express or implied obligation for the BEDC to reimburse responding Consultants for any expenses incurred in preparing proposals in response to this RFP

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and BEDC will not reimburse responding firms for these expenses, nor will BEDC pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

RESERVATIONS: The BEDC reserves the right to accept or reject any or all proposals as a result of this request, to negotiate with all qualified sources, or to cancel, add or subtract, in part or in its entirety, this RFP if found in the best interest of the BEDC. All proposals become the property of the BEDC.

RESPONSIBLE FIRMS: The BEDC shall only consider responsible consultants who have the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The BEDC will consider references and other information available, whether specifically provided by the respondent or otherwise. Consultants with an owner or principal convicted within the past 10 years of a crime that impugns honesty or integrity, or with unsatisfied tax or judgment liens, are ineligible to participate and shall not submit.

SALES TAX: The BEDC is exempt by law from payment of Texas Sales Tax and Federal Excise Tax. Do not include tax in proposal.

SITE VISITS: If a site visit is necessary, it will be coordinated by the BEDC through a Pre-Proposal Conference. No individual appointments will be accepted for site visits.

STANDARD CONTRACT(S): This RFP includes the BEDC’s Standard Contract/ Professional Services Agreement; a statement of willingness to utilize such agreement must be provided. The Consultant should review the attached Standard Contract/ Professional Services Agreement thoroughly, and by submitting a proposal, the Consultant is agreeing to sign the BEDC’s Standard Contract/ Professional Services Agreement without modification.

WITHDRAWAL OF PROPOSALS: Any proposal may be withdrawn prior to the scheduling time for opening. Notice to withdraw the proposal must be in writing and submitted to the BEDC prior to the scheduled time for opening proposals. Any proposal withdrawal notice, which is received after the deadline for receiving proposals, shall not be considered.

INSURANCE: The successful Consultant shall provide and maintain the minimum insurance coverages set forth in the Standard Contract/ Professional Services Agreement attached herein.

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Attachment A: COST PROPOSAL ON ECONOMIC DEVELOPMENT STRATEGIC PLAN

Item # Description Total Cost

1 Community Assessment $____________

2 Workforce and Educational Institution Analysis $____________

3 Cluster, Location Quotient, and Target Industry Analysis $____________

4 New Programs $____________

5 Assessment of BEDC Organization & Comparison to Other Economic Development Organizations (EDO)

$____________

6 Incentive Program $____________

7 Business and Industrial Park Strategies $____________

8 Existing Business Development $____________

9 Infrastructure Analysis $____________

10 Land Use Analysis $____________

11 Redevelopment $____________

12 Tourism Strategies $____________

13 Marketing Strategies $____________

14 Operational Strategy $____________

15 Implementation Plan $____________

16 Community Involvement $____________

17 Meetings $____________

18 Document Costs $____________

19 Reimbursables $____________

PROPOSAL NAME: ECONOMIC DEVELOPMENT STRATEGIC PLAN

DUE DATE:

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20 Per diem cost to undertake any additional work $____________

TOTAL COST $____________

The cost proposal submitted on the enclosed form will constitute an official offer to undertake the proposed work at the proposed prices. Each proponent agrees that its price will remain firm and subject to acceptance by the BEDC for a period of 120 calendar days from the proposal submission deadline date.

THE UNDERSIGNED AFFIRMS THAT IT IS DULY AUTHORIZED TO SUBMIT THIS PROPOSAL, THAT THIS PROPOSAL HAS NOT BEEN PREPARED IN COLLUSION WITH ANY OTHER PROPONENT, AND THAT THE CONTENT OF THIS PROPOSAL HAS NOT BEEN COMMUNICATED TO ANY OTHER PROPONENT PRIOR TO THE OFFICIAL OPENING OF THIS PROPOSAL. A CONTRACT WILL BE AWARDED TO THE RESPONSIBLE PROPONENT WHOSE PROPOSAL IS MOST ADVANTAGEOUS TO THE BEDC. THE BEDC RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS.

PROPONENT NAME: ___________________________________________________________________

AUTHORIZED REPRESENTATIVES NAME: ___________________________________________________

REPRESENTATIVE’S TITLE: _______________________________________________________________

MAILING ADDRESS: ____________________________________________________________________

PHONE NUMBER: ______________________________________________________________________

FAX NUMBER: ________________________________________________________________________

EMAIL ADDRESS: ______________________________________________________________________

AUTHORIZED SIGNATURE: _____________________________________________________

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ATTACHMENT B: CONFLICT OF INTEREST QUESTIONNAIRE

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ATTACHMENT C: STANDARD CONTRACT/ PROFESSIONAL SERVICES AGREEMENT

Buda Economic Development Corporation Terms and Conditions for Professional Services Agreements

1. Scope of Services

(a) Consultant agrees to perform the services, and to meet the conditions and

requirements, set forth in the BEDC’s “Request for Proposals: Economic Development Strategic Plan Update” which is attached hereto as Exhibit “A” and incorporated herein for all purposes. Services include: the update, development and preparation of an Economic Development Strategic Plan; and the facilitation of stakeholder input and meetings, each of which is described in more particular detail on Exhibit “A.”

(b) In consideration for performance of the services set forth in Exhibit “A” the BEDC agrees to pay the Consultant the amounts set forth in Attachment A (“Cost Proposal for Economic Development Strategic Plan”)

(c) Any request by the Consultant to modify the Scope of Services or the consideration paid therefor shall be made and approved by the BEDC prior to the Consultant providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Consultant and the BEDC respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Agreement, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute.

2. Standards of Performance

(a) The performance of all services by the Consultant under this Agreement will be by persons appropriately licensed or registered under state, local and federal laws. (b) In performing all services under this Agreement, the Consultant will use that degree of care and skill ordinarily exercised for similar projects by professional consulting firms who possess special expertise in the types of services involved under this Agreement. (c) Any provisions in this Agreement pertaining to the BEDC’s review, approval and /or acceptance of written materials prepared by the Consultant and/or its subconsultants in connection with this Agreement will not diminish the Consultant’s responsibility for the materials. (d) The Consultant will perform all its services in coordination with the BEDC. The Consultant will advise the BEDC of data and information the Consultant needs to perform its services, and the Consultant will meet with BEDC representatives at mutually convenient times to assemble this data and information.

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3. BEDC’s Responsibilities

(a) The BEDC will provide information to the Consultant regarding the BEDC’s requirements for the Consultant’s services under this Agreement. The BEDC will furnish the Consultant with copies of data and information in the BEDC’s possession needed by the Consultant, at the Consultant’s request. (b) The BEDC will designate an authorized representative to act on the BEDC’s behalf with respect to this Agreement. The BEDC will examine documents and information submitted by the Consultant, and promptly render responses to the Consultant on issues requiring a decision by the BEDC. 4. Consultant’s Records

(a) All expense records of the Consultant related to this Agreement will be kept on a recognized accounting basis acceptable to the BEDC and will be available to the BEDC at mutually convenient times (applies only if the Consultant is to be reimbursed for any expenses). (b) The BEDC, its auditors and federal and state agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the Consultant which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions. (c) The Consultant will furnish to the BEDC at such time and in such form as the BEDC may require, financial statements including audited financial statements, records, reports, data and information, as the BEDC may request pertaining to the matters covered by this Agreement. 5. Ownership and Use of Documents

(a) All documents prepared by the Consultant in connection with this Agreement will become the property of the BEDC whether any project related to this Agreement is executed or not. (b) The Consultant will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the BEDC, for a period of three years, except that in the event the Consultant goes out of business during that period, it will turn over to the BEDC all of its records relating to the Project for retention by the BEDC. 6. Term; Termination of Agreement

(a) The term of the Agreement begins upon its execution by the parties, and will end upon the Consultant’s completion, and the BEDC’s acceptance, of all services described in this Agreement.

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(b) In accordance with the BEDC’s Request for Proposals, this Agreement may be terminated by the BEDC in the event that the Consultant:

i. Fails to meet the delivery schedule included in the Scope of Service found in Exhibit “A”;

ii. Otherwise fails to perform in accordance with this Agreement and its Attachments; or iii Becomes insolvent and/or files for protection under federal bankruptcy laws. (c) This Agreement may be terminated at will by the BEDC upon at least fifteen (15) calendar days prior written notice to the Consultant. (d) In the event of termination as provided in this Section 6(c), the Consultant will be compensated for all services performed to the termination date which are deemed by the BEDC to be in accordance with this Agreement. This amount will be paid by the BEDC upon the Consultant’s delivering to the BEDC all information and materials developed or accumulated by the Consultant in performing the services described in this Agreement, whether completed or in progress. The expense of the reproduction of these items will be borne by the BEDC. (e) Such termination is in addition to and not in lieu of any other remedies that BEDC may have in law or equity. Consultant, in submitting this proposal, agrees that BEDC shall not be liable to prosecution for damages in the event that the BEDC declares the contractor in default.

7. Insurance and Indemnity

(a) The Consultant will indemnify, hold harmless and defend the BEDC and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional acts or omissions of the Consultant, its officers, employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the BEDC arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the Contractor and/or its agents and/or employees. This obligation by Consultant will not be limited by reason of the specification of any particular insurance coverage in this Agreement. (b) The Consultant will procure and maintain at its expense insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by the Consultant or its agents, subcontractors or employees. Before commencing the work, the Consultant will furnish to the BEDC a certificate or certificates in a form satisfactory to the BEDC, showing that Consultant has complied with this paragraph. All certificates will provide that policies will not be canceled until at least 30 calendar days written

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notice has been given to the BEDC. Commercial general liability and motor vehicle insurance will be written with the BEDC as an additional insured and will be endorsed to provide a waiver of the carrier’s right of subrogation against the BEDC. The kinds and amounts of insurance required are as follows:

Workers’ Compensation Insurance: In accordance with the provisions of the Workers’ Compensation Act of the State of Texas.

Liability Insurance: (1) Commercial general liability insurance with a combined single

limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability insurance in an amount not less than $250,000 for injuries to any one person, $500,000 on account of any one accident and in an amount of not less than $250,000 for

property damage (3) professional liability coverage to cover lawful claims arising in connection with this Project in the combined single limit amount of at least $500,000.00.

(c) The stated limits of insurance required by this Paragraph are minimum only--they do not limit the Consultant’s indemnity obligation, and it will be the Consultant’s responsibility to determine what limits are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The BEDC’s acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Consultant from compliance with these requirements. 7. No Waiver of Immunity The BEDC’s execution of and performance under this Agreement will not act as a waiver by the BEDC of any immunity from suit or liability to which it is entitled under applicable law. 8. Remedies; No Waiver In the event of a default or breach of this Agreement by the Consultant, the BEDC reserves the right to choose among the remedies for the default or breach available to the BEDC. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the BEDC. Any failure by the BEDC to enforce this Agreement with respect to one or more defaults by the Consultant will not waive the BEDC’s ability to enforce the Agreement after that time. 9. Miscellaneous Provisions (a) This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. (b) As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued

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when the party commencing the cause of action knew or should have known of the existence of the subject act or failure to act. (c) The Consultant agrees not to use funds received by it under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. (d) The Consultant hereby affirms that Consultant has not made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of consultants to provide professional services to the BEDC within the two years preceding the execution of this Agreement. A lawfully reported campaign contribution, as defined by the Texas Election Code will not be considered as a valuable gift for the purposes of this Agreement. (e) In performing the services required under this Agreement, the Consultant will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Consultant agrees not to engage in employment practices which have the purpose or effect of discriminating against employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant may be regarded as a default of the Consultant of the Agreement. (f) All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term “will” is mandatory in this Agreement. (g) Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. (h) All services provided pursuant to this Agreement are for the exclusive use and benefit of the BEDC. (i) The BEDC of Buda is governed by the Texas Public Information Act (the “Act”), Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this agreement may be subject to release under the Act. The Consultant shall not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the BEDC.

(j) In the event that the performance by either the BEDC or the Consultant of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events.

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(k) The BEDC and the Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Consultant may not assign, sublet or transfer any interest in this Agreement without the written consent of the other. The Consultant will notify the BEDC, in writing, of any change in its partnership/ownership within thirty (30) calendar days of such change. (l) The Agreement including any appendices and referenced attachments represents the entire and integrated Agreement between the BEDC and the Consultant and supersedes all prior negotiations, representations or agreements either written or oral. In the event of a dispute between the parties regarding the intent of this Agreement, both parties agree that this Agreement will be construed in a manner consistent with the BEDC’s Request for Proposals, the Consultant’s Proposal Response, and the public record of the BEDC’s approval of the Agreement as applicable. This Agreement may be amended only by written instrument and must be signed by both the BEDC and the Consultant. Any such authorization of change in services or amendment must be approved by the BEDC’s governing body unless the consideration set forth in Attachments A and B is modified by less than twenty five percent (25%). (m) Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this Agreement as though included verbatim herein. (n) In the event of any conflict between these Terms and Conditions and the provisions of any exhibit or attachment to this Agreement, these Terms and Conditions will govern and control. (o) Any notice provided by this proposal or required by law to be given to the successful vendor by BEDC shall be deemed to have been given and received on the next business day after such written notice has been deposited in the U. S. mail in Buda, TX, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful vendor at the address so provided; provided this shall not prevent the giving of actual notice in any other manner. SIGNED AND ENTERED ON THIS THE ____ DAY OF _________________, 2018.

APPROVED:

__________________________________________

President, Buda Economic Development Corporation Board of Directors

ATTEST:

________________________________

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Executive Assistant,

Buda Economic Development Corporation