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HomeMy WebLinkAboutPR 20766: CONTRACT FOR EMERGENCY FOOD SERVICES IN EVENT OF DISASTER • Ciro of 1) ort rthur"�— www.Po rtArt h u rTx.gov INTEROFFICE MEMORANDUM Date: (April 14, 2019) To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: (Clifton Williams, Purchasing Manager) RE: (P. R#20766) Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to authorize the contract with Latitude Catering, LLC of Tucson, Arizona for emergency food services in the event of an emergency or a disaster. Background: This service will provide preparing meals for City employees and authorized persons during a disaster. Purchasing advertised for bids on December 19, 2018 and December 26, 2018 and opened on January 9, 2019. Committee members evaluated the proposals and Latitude Catering, LLC was the highest ranked proposal. The contract will be until December 31, 2019 and have renewals for two additional one year periods. Budget Impact: Funds will be provided for in the appropriate disaster/emergency recovery project accounts. Recommendation: It is recommended that City Council approve the City Manager to authorize contract with Latitude Catering, LLC for food services in the event of an emergency or a disaster. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 x Port Arthur,Texas 77641-1089 * 409.983.8101 * FAX 409.982.6743 P . R. No . 20766 4/14/2019 cew Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING A NON-EXCLUSIVE AGREEMENT WITH LATITUDE CATERING OF TUCSON, ARIZONA, FOR THE PROVISION OF EMERGENCY FOOD SERVICES IN THE EVENT OF AN EMERGENCY OR DISASTER WHEREAS, it is deemed in the best interest of the City of Port Arthur to have a food service plan in place for the provision of Food Services in the event of an emergency or a disaster; and, WHEREAS, pursuant to Chapter 252 of the Texas Local Government Code, the City solicited requests for proposals to provide a food service plan and disaster support and management services; and, WHEREAS, seven (7) companies provided proposals as delineated in Exhibit "A"; and, WHEREAS, a committee made up of City staff evaluated all of the proposals and Latitude Catering, LLC of Tucson, Arizona was ranked as the most reasonably qualified company (see evaluation matrix attached hereto as Exhibit "A") ; and, WHEREAS, the City desires to enter into a non-exclusive agreement with Cotton Culinary until December 31, 2019 with the option to renew for two (2) additional one-year periods, as P. R. No . 20766 4/14/2019 cew Page 2 of 3 delineated in Exhibit "B"; and, WHEREAS, this agreement is non-exclusive and the City maintains the authority to retain other companies to perform similar work. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS : Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That the City Manager is hereby authorized to enter into a non-exclusive agreement with Latitude Catering, LLC of Tucson, Arizona, in substantially the same form as attached as Exhibit "B". Section 3 . That a copy of the caption of this Resolution be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of May, A. D. , 2019, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers NOES: P. R. No. 20766 4/14/2019 cew Page 3 of 3 DERRICK FORD FREEMAN, MAYOR ATTEST: SHERRI BELLARD CITY SECRETARY APPROVED AS TO FORM: /OW 7T lo e(ig CIT TENO TORN APPROVED FOR ADMINISTRATION: REBECCA UNDERHILL INTERIM CITY MANAGER APPROVED AS TO AVAILABILITY OF FUNDS: KANDY DANIEL INTERIM FINANCE DIRECTOR I W CLI 'TON WILLIAMS PURCHASING MANAGER EXHIBIT "A" k \ § / \ { § § \ § , > \ / § %4 ƒ f § \ cs •/ \ / / \ © 7 § � Q \ N - - •! \ j _ ( & y = c o = ( •§ 2 \ © mtf) © _ } , ) / ) .[ = w ) e‘l CJ \ \ 6 _ s \ ] J I ° ® © \ % { k c• N \ c / § « « E CO k / \ 2 $ e c \ / 0 P. & 4-, 2 % f \ \ § 7 4 § \ g ( q / � © / § \ § § 2 k '; a+ / .7 k 2 m s I q Q $ $ \ / \ I C / 4 .f § % k •2 ƒ i �'\ _ • 01 j 7 t .. 2 CU c\\ // \ EXHIBIT "B" CONTRACT TO PROVIDE FOOD SERVICES FOR DISASTER RECOVERY THIS AGREEMENT,made this day of ,2019,by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Latitude Catering, a(n) Corporation herein after called "COMPANY". WHEREAS, the City of Port Arthur desires to obtain services in connection with post disaster debris removal and emergency services; and WHEREAS, this Agreement between the Parties consists of the terms and conditions set forth herein, and the documents attached are incorporated for all purposes for the following services: FOOD SERVICES FOR DISASTER RECOVERY WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, CITY and COMPANY agree as follows: 1. SCOPE OF SERVICES: COMPANY will provide supplies and services (the "Work")to the CITY in Connection with the Project. Such Work is more specifically described in the scope of work details listed below. a. During the term of this Contract, the COMPANY will furnish at its own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of COMPANY in the Specifications. b. Contractor is required to provide Sign In Sheet for every meal, every person, and each person's associated position with the City of Port Arthur. c. No guarantee of minimum amount. d. Not to Exceed amount will be stated on Notice to Proceed. e. COMPANY agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amounts stated in its response to the Request for Proposals. f. The term "Contract Documents" means and includes this document along with the following: • Request for Proposals • General Information • Scope of Work Details • Cost Proposal Form • References • Letter of Interest • Affidavit • Conflict of Interest Questionnaire • Proposer Warranties • Non Collusion Affidavit • House Bill 89 Verification • SB 252 Chapter 2252 Certification • Federal Clauses • Notice of Award • Notice to Proceed 2. TERM: The term of this Contract shall be from date on Notice to Proceed to December 31, 2019. This contract has the option for two additional one (1) year periods, upon execution by the CITY unless sooner terminated under the terms set forth herein. It is agreed that the CITY will have the option to extend the contract for up to two additional one (1) year periods. To exercise this option, the CITY shall serve notice a minimum 30 days prior to contract termination. The Option to Extend will not be considered if funding is unavailable or if the COMPANY's past performance is not within the industry standard or acceptable to the CITY. It is agreed that,due to the nature of the work to be performed, the COMPANY does not begin work unless the CITY has issued a Notice to Proceed to the COMPANY. After a Notice to Proceed is issued the COMPANY agrees to perform the work according to the timeline in Exhibit A. 3. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS — COMPANY shall comply with all applicable laws, ordinances, and codes of the federal, state and local governments. 4. COMPENSATION: The CITY shall compensate COMPANY for the Work at the agreed upon pricing in Exhibit A. COMPANY will furnish an invoice to the CITY detailing activities performed and reflecting actual time and expenses incurred during the preceding month. All invoices are due under Government Code Sec. 2251.021, and are payable to COMPANY at . The CITY shall not be responsible for any payment to COMPANY for any additional services or expenses not specifically included in Exhibit A, except upon execution of an amendment to this Contract in writing by both parties. Parties shall attempt to resolve any payment disputes within thirty (30) days after the invoice date. 5. INSURANCE REQUIREMENTS: All insurance must be written by an insurer licensed to conduct business in the State of Texas. The COMPANY shall provide all required City of Port Arthur certificates of coverage and all renewals throughout the duration of the Project. For each policy except Workers' Compensation protection, COMPANY shall name the CITY as an additional insured and shall provide that the policy require the insurance carrier to notify the CITY a minimum of thirty days (30) in advance of cancellation of all or part of the policy. All insurance policies are to be issued by an insurance company authorized to do business in the State of Texas and using an insurance company with an A.M. Best rating of B+ or better. All subcontractors utilized must also comply with these specifications as if they were the winning proposer. Specific details of coverage limits and conditions are listed below: a. Commercial general liability insurance, naming the City of Port Arthur as an additional insured and as certificate holder, and waiving subrogation per the contractual requirements of this project. Limits are to be equal to or greater than: $2,000,000 general liability(includes products and personal, etc.) $1,000,000 bodily injury single limit per occurrence or$1,000,000 each person $1,000,000 per occurrence $1,000,000 fire damage $1,000,000 property damage per occurrence regardless of contract amount $1,000,000 automobile damage $1,000,000 professional liability $500,000 standard workers compensation employers' liability insurance Statutory limits for workers compensation Insurance coverage shall be on an "occurrence basis" 6. INDEMNIFICATION: COMPANY shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of COMPANY and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss or damage arising out of noncompliance with such laws, rules and regulations; without limitation, COMPANY shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security, Worker's Compensation, and Income Tax Laws with respect to COMPANY's employees. Further, COMPANY shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss, damages, expenses or claims arising out of negligence of COMPANY, its officers, agents and employees in connection with any of the work performed or to be performed under this Contract by COMPANY or as a result of COMPANY's failure to use and employ reasonable skill and care. Further, COMPANY shall exonerate, indemnify and hold harmless the CITY, its officers, agents, and all employees from any and all liability, loss, damages, expenses or claims for infringement of any copyright or patents arising out of the use of any plans, design, drawings, or specifications furnished by COMPANY in the performance of this Contract. The foregoing indemnification provision shall apply to COMPANY regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 7. SUCCESSORS AND ASSIGNMENTS: The CITY and the COMPANY each binds itself and its successors,executors,administrators,and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the CITY nor the COMPANY shall assign, sublet, or transfer his interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 8. TERMINATION: This Contract shall terminate automatically upon completion of the Work by COMPANY. This Contract may be terminated prior to completion of the Work by either party upon 30 days' written notice to the other. If, through any cause, COMPANY shall fail to fulfill in a timely and proper manner its obligations under this Contract, the CITY shall thereupon have the right to terminate this contract by giving written notice to COMPANY of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In the event of early termination, CITY shall pay COMPANY for all work performed and expenses incurred to the date specified in the notice of termination, and COMPANY shall turn over to the CITY all documents, information, and Work produced to said date relating to the Project. Notwithstanding the above, COMPANY shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by COMPANY or its subordinates and the CITY may withhold any payments to COMPANY for the purpose of set-off until such time as the exact amount of damages due the CITY from COMPANY is determined. 9. INDEPENDENT CONTRACTOR: COMPANY is and shall be,in the performance of all Work, services,and activities under this Agreement, an independent contractor and not an employee, agent,or servant of CITY. All persons engaged by COMPANY to perform the Work,services,or activities described herein shall,at all times and in all places,be subject to the sole direction, supervision, and control of COMPANY. The relationship between CITY and COMPANY (including COMPANY's employees) shall be in all respects an independent contractor relationship and not an employer/employee or principal/agent relationship. 10. PERSONNEL:The COMPANY represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder shall be performed by the COMPANY or under its supervision and all personnel engaged in the work shall be fully qualified and, if applicable shall be authorized or permitted under State and local law to perform such services. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 11. REPORTS AND INFORMATION: The COMPANY at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports s it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 12. CIVIL RIGHTS: Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be excluded due to discrimination under any program or activity of the CITY. The COMPANY will carry out its work under this Contract in a manner which will permit full compliance by the CITY with the Statute. 13. INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. 14. ADDRESS OF NOTICE AND COMMUNICATIONS CITY: COMPANY: Mrs. Rebecca Underhill, Interim City Manager City of Port Arthur PO Box 1089 Port Arthur, Texas 77641-1089 All notices and communications under this Contract shall be mailed or delivered to CITY and the COMPANY at the above addresses. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first written above. Signed on the day of , 2019. CITY OF PORT ARTHUR BY: Rebecca Underhill, Interim City Manager ATTEST: Sherri Bellard, City Secretary Signed on the day of , 2019. LATITUDE CATERING BY: PRINT NAME: TITLE: WITNESS: PRINT NAME: DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON CAL J.JONES,MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: Cit'of SHERRI BELLARD,TRMC RAYMOND SCOTT,JR �~ i CITY SECRETARY THOMAS J.KINLAW,III HAROLD DOUCET SR. ort r t h u VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK Texas December 26, 2018 REQUEST FOR PROPOSAL Food Services for Disaster Recovery DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, January 9, 2019. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, January 9, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P 19-020 DELIVERY ADDRESS: Please submit one (1) original and five (5) exact duplicate copies of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Request for Proposal should be directed in writin;to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. lei09W , Clifton Williams, CPPB Purchasing Manager Page 2 of 43 REQUESTS FOR PROPOSALS Food Services for Disaster Recovery (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid,we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 43 City of Port Arthur Request for Proposals To Provide Food Services for Disaster Recovery OBJECTIVE The City of Port Arthur (City) is seeking a response to the Request for Proposals (RFP) from qualified firms for Food Services in the event of a man-made or naturally occurring disaster such as hazardous materials incidents, hurricanes, or other similar emergencies and disasters. CONTRACT TERM 1. This contract will be till December 31, 2019 with the possibility of two (2) one year extensions that must be submitted to City Council for approval. Should any active individual project extend beyond the expiration date of the contract, the project agreement shall be extended until the project has been satisfactorily, successfully completed, and accepted. The agreement or contract between the selected respondent and the City will be non-exclusive, on an as-needed basis and will not provide for a retainer. 2. In the event of default by the awarded food service company the City of Port Arthur reserves the right to utilize the next best evaluated offer as the new awarded food service company. In the event of this occurrence, the next best offer, if it wishes the award, shall be required to provide the proposed items at the prices as contained within its proposal for this solicitation. SCOPE OF WORK These specifications describe Food Services for Disaster Recovery for the City of Port Arthur in the event of a natural disaster or other emergency related crises. It is the City's intent to contract with any and/or all qualified proposers responding to this solicitation. The meals required for responders are estimated at 350 people per meal serving period, up to four (4) meals per day (two (2) per twelve (12) hour shift), or more on a daily basis during the months of June through November, or in the event of a natural disaster or other emergency related crises or, as designated by the City the resultant contract. Proposers shall furnish all staging of equipment, hot and cold food products, beverages, utensils, disposable paper plates and cups, plastic bags for clean up, and personnel necessary for an efficient and sanitary catering and clean up service for first responders, government employees, various elected and appointed officials, state and local representatives, and other emergency management personnel in the event of a natural disaster or other related crises. Proposers shall purchase and prepare an adequate quantity of fresh food to serve meals to the total number of personnel as directed by the City of Port Arthur's Authorized Representative/Program Administrator or designee. The City of Port Arthur Meal Coordinator or designee reserves the right to issue rules and regulations governing the general provision of services as to maintain consistency of kind and quality of food and beverage services. Page 4 of 43 The Emergency Management Coordinator or designee will assist the awarded food service company in obtaining water and the disposal of "gray water" to avoid interruption in services. The awarded food service company shall be primarily responsible for its own fuel supply. However, if required for food preservation and continuation of service, or due to disaster conditions or circumstances, the City may supply fuel and supplies at cost to the awarded food service company. STATUS OF CONTRACTOR The Contractor shall at all times be considered to be an independent contractor, and will not hold itself or its employees out to be employees or agents of the City of Port Arthur. The Contractor shall provide, at the Contractor's expense, competent, full-time supervision of the work while actually in progress. ASSIGNMENT AND SUBLETTING The Contractor will retain full control over this contract and will not assign or subcontract said contract without the prior written consent of the City. Failure to request consent shall be grounds for default under this Contract. The Contractor further agrees that assigning or subcontracting any portion or feature of the work shall not relieve the Contractor from its full obligations under this contract. If consent is granted by the City, successful contractor must take all necessary steps to assure that minority businesses, women's business enterprises and labor surplus area firms are used when possible. Affirmative steps must include the following: 1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority business, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business,and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the department of Commerce; and 6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)through(5)of this section. QUALITY ASSURANCE PROVISIONS TESTS AND INSPECTIONS It shall be the awarded food service company's responsibility to perform all of the tests and inspections required by this specification, unless otherwise stated in the award. The City of Port Arthur reserves the right to perform any of the tests and inspection requirements where said tests and inspections are needed to further determine compliance with this set of specifications. Page 5 of 43 QUALITY AND QUALITY CONTROL A system of test and inspection shall be used to insure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/service(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately to the City of Port Arthur Purchasing Agent. AUTHORIZATION All orders shall be placed via Purchase Orders, or any method of payment as authorized by the City Port Arthur Purchasing Agent is there is an issue using the Purchase Order. FURNISHING PROPOSED ITEMS Award items are to be furnished on an "as needed, when needed basis" during the life of the contract. QUALITY The materials and supplies to be furnished shall be currently in production and shall be of the manufacturer's standard or better quality as that of current commercial food service industry standards. QUANTITIES The City shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this solicitation effort. ALTERNATE PROPOSALS The items requested are not meant to be exhaustive, however, represent the type of meals that are expected. Healthy food choices are always welcome as are more varieties of choices for each serving period. On separate sheets of paper or proposal sheets, Proposers shall, as to each item, submit only one bid for the specified product or only one bid for an alternate product which the Proposer believes equal within the meaning hereof. The offer of an alternate product for any item shall, for the purpose of evaluation of proposals,may be construed as a refusal to bid on the product specified. Proposers offering an alternate product shall additionally submit the precise specifications of the alternate, all of the differences in specification, if any, between the specified product and the alternate product, and relevant sketches, blueprints or samples sufficiently accurate, complete and detailed as to enable the City to make a complete determination of the quality of the alternate. Failure to submit this information in full will constitute basis for a determination by the City that the alternate product is not equal or superior to the product specified as a standard. The determination as to whether any alternate product bid is or is not equal to the product specified as a standard shall be made by the City, and such determination shall be final and binding upon all Proposers. PENALTIES The City of Port Arthur reserves the right to increase or decrease quantities shown without penalty. Page 6 of 43 ADDITIONS/DELETIONS The City of Port Arthur reserves the right to add to or delete any item from this bid or resulting award when deemed to be in the best interest of the City. PACKAGING Only materials that are packaged in the original factory fresh packaging shall be accepted. No materials that have been re-packaged or that are in adulterated or damaged packages shall be accepted at the receiving location, nor shall after-market materials be accepted at the receiving location. Any attempt by the awarded food service company to furnish the City of Port Arthur with other than first quality fresh materials shall constitute default as outlined in this specification. SAMPLES When required, samples shall be labeled with the Proposer's name and item number and shall be furnished free of charge. Samples not destroyed will be returned upon request at the Proposer's expense within ten days following the opening of proposals. Samples of brand(s)being bid may be requested after the bid opening date and time, in order to allow the City to make a fair relative evaluation of brand(s)being bid. SUBSTITUTIONS The awarded food service company shall not substitute items for like items without the approval of the City. Any violation of such procedures may result in a possible award cancellation. All approved substitutes shall be annotated as such on the awarded food service company's shipping document(s). PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN,AND FURNISHERS OF MACHINERY,EQUIPMENT,AND SUPPLIES Contractor agrees to indemnify and hold City harmless from all claims of subcontractors, laborers, workmen, mechanics, material men and furnishers of equipment, and all supplies incurred in the performance of this contract. Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If Contractor fails to do so, then City reserves the right to pay unpaid bills of which City has written notice direct and withhold from Contractor's unpaid compensation a sum of money reasonably sufficient to liquidate any and all such lawful claims. DISCREPANCIES AND OMISSIONS In the event of any discrepancy between the Plans and Specifications, or otherwise, or in the event of any doubt as to the meaning and intent of any portion of the Plans and Specifications, the Program Administrator shall define which is intended to apply to the work. Such definition shall be final and binding on Contractor. COLLATERAL CONTRACT The City reserves the right to provide by separate contract or otherwise, in such manner as not to delay its programs or damage said Contractor, all labor and material essential to the completion of the work that is not included in this contract. ALCOHOL/DRUG FREE WORKPLACE The City is committed to maintaining an alcohol and drug free workplace. Possession, use or being under the influence of alcohol or controlled substances by the Contractor's employees while in the performance of this contract is prohibited. Violation of this requirement shall constitute grounds for immediate termination of the contract. Page 7 of 43 UTILITIES Contractor shall be responsible for any charges which may be made by any city or utility companies for the work to be performed by Contractor. PARKING Contractor shall be responsible for the expense of parking the Contractor's vehicle(s) in a legal manner and at no expense or inconvenience to the City. LAWS AND ORDINANCES Contractor shall at all times observe and comply with all Federal, State and Local laws, ordinances and regulations which in any manner effect the contract or the work, and shall indemnify and save harmless the City against any claim arising from the violation of any such laws and ordinances, whether by Contractor or its employees. PERMITS AND LICENSES Contractor shall be responsible for obtaining and furnishing all necessary permits and licenses,City, County, State or Federal as are required for the performance of this contract. AWARDED FOOD SERVICE COMPANY RESPONSIBILITIES Awarded Food Service Company must provide all phases of service in compliance with Federal, State, and Local guidelines governing health and food service sanitation. Awarded Food Service Company shall plan weekly menus equal to or better than examples given on the attached proposal forms of the bid documents. Substitutions or variations shall be submitted to the Emergency Management Coordinator or designee for approval. Food substitutes for Diabetic Meals as needed shall be coordinated and communicated to the Awarded Food Service Company through the Emergency Management Coordinator in advance of the scheduled serving. Awarded Food Service Company shall be operational and ready to serve within 48 hours of activation notice from the Emergency Management Coordinator or designee. Awarded Food Service Company shall only utilize food products that are fresh, wholesome, of good odor and taste, and processed under sanitary conditions as required by food service industry standards. Awarded Food Service Company shall have the option to prepare all meals offsite or at site(s) designated by the Emergency Management Coordinator or designee. The Awarded Food Service Company is authorized to bring in a mobile kitchen(s) to the designated location(s) to prepare and serve the meals. In either case, food shall be maintained in either Thermal type containers, Chafing Dishes, or Steam Tables for meals that will be served in-house and provide disposable containers for meals that are picked up by individuals going out into the field. All methods of serving the meals must be acceptable by the food service industry. Meals served must include utensils, napkins, salt/pepper, and condiments appropriate to the meal. If applicable and required, the Emergency Management Coordinator may provide meal runners to pick up meals from the Awarded Food Service Company's location. Awarded Food Service Company must serve all food at the proper temperatures and with proper freshness. Page 8 of 43 Awarded Food Service Company must store all food and food products at a safe temperature and must handle leftover food/food products in a safe and acceptable way by food service practice. Food services shall be available 24 hours a day with serving times as follows: • Breakfast: 5:00 AM until 8:00 AM • Lunch: 11:00 AM until 1:00 PM • Dinner: 5:00 PM until 8:00 PM • Midnight shift"Lunch": 11 pm— lam (this will be a much smaller shift) • Coffee and snacks: 24 hrs./day, 7 days/week Awarded Food Service Company shall provide measured serving portions to equal one meal plus one-half of a second meal. The one and one-half serving portion shall constitute the bid price for one meal as entered on the Proposal Response Pages. Awarded Food Service Company shall not serve leftovers from other functions they may cater during off duty hours, or leftovers from the previous day menu. Awarded Food Service Company is responsible for the purchasing and receiving of all food, merchandise, supplies and food equipment at the designated serving locations. Awarded Food Service Company shall also be responsible for providing any power cabling appropriate to its on- site food preparation equipment. Awarded Food Service Company is responsible for providing waste containers and trash bags for all refuse and waste materials created by the Awarded Food Service Company's operations. Waste materials created by the Awarded Food Service Company's operations in the food service area shall be promptly disposed of after each meal or as needed during the serving of meals. The City will provide a dumpster for the disposal of trash generated on-site. Waste foods shall be kept in closed metal or plastic containers until removed from the serving locations. Awarded Food Service Company shall provide an all-inclusive invoice for the total number of meals served at the end of each serving shift, Breakfast, Lunch and Dinner. The invoice shall reference a City of Port Arthur issued Purchase Order. The invoice shall be turned in to the Emergency Management Coordinator or designee at the end of each serving shift. Awarded Food Service Company shall make available snack/beverage service 24 hours a day, seen (7) days a week during activation. Proposers shall include with their proposal responses, an itemized price list of snacks and beverages including a variety.of sodas, juices, energy drinks, bottled water, snack cakes, chips, cookies, snack bars, and fresh fruit. Awarded Food Service Company shall make available coffee service with cups, sugar, creamer, stirrers, etc. on a 24/7 basis. Proposers shall include with their proposal responses the cost of coffee service per location. Page 9 of 43 EQUAL OPPORTUNITY During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, Page 10 of 43 terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)The contractor will include the provisions of paragraphs(1)through(8) in every Sub contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. PERSONNEL REQUIREMENTS All employees of the Awarded Food Service Company shall be neatly attired in uniforms that clearly and properly identify the company represented. The employees shall be neat and clean in appearance and courteous towards the patrons, the public, and their fellow employees. The Awarded Food Service Company shall train and closely supervise all its employees ensuring they practice the high standards of cleanliness, courtesy, and service required. The Awarded Food Service Company shall adhere to the adequate number of personnel, compatibility of food and beverage products, and other rules and regulations appurtenant to the event. BACKGROUND CHECKS Prior to assignment, Awarded Food Service Company will need to provide a list of all employees who will be assigned for this service. The City reserves the right to conduct background checks on these employees and further reserves the right to reject the assignment of any employee(s) based on the results of the background check. In the event of Contractor's non-compliance with the non-discrimination clause of this contract, the contract entered into may be cancelled in whole or in part. MEAL ORDER CANCELLATION The City reserves the right to cancel any and all meals, without penalty, by notification to the Awarded Food Service Company 48 hours in advance of the next scheduled serving. The Awarded Food Service Company must provide re-stocking costs, specific cancellation criteria and/or cost to be incurred in the event food service is cancelled with less than 48 hours' notice. The City reserves the right to immediately cancel the vendor's contract without penalty if the food or services provided does not meet the requirements specified by the contract. Page 11 of 43 CITY RESPONSIBILITIES City agrees to the following: • Notify the Awarded Food Service Company via telephone and in writing(fax or e-mail) as far in advance of a disaster of its need for services as is practicable depending on the type of disaster so as to provide Awarded Food Service Company to properly and adequately respond to the City's requirements. • Provide necessary parking spaces in the parking lots of the Emergency Management Facility and other locations as specified in the resultant contract to enable the Awarded Food Service Company space to accommodate vehicles and equipment used. • Provide written notification of its need for extension of the Awarded Food Service Company's services no less than 24 hours prior to termination of the initial specified period. Page 12 of 43 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pages, excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. A.) FIRM QUALIFICATIONS AND EXPERIENCE • Proposers shall submit with their proposals, a brief history of the organization, including accreditation status, if applicable. • Proposers shall provide an explanation of its experience in providing meals in large quantities under emergency conditions. • Proposers shall provide a detailed description of the two or three largest events the company has provided food services (catered) in the past two years. That description should include, at the minimum, the number of meals provided, type of food provided, the number of hours the event lasted, and the number of employees used for that assignment. Please include contact names and telephone numbers of the clients for these events. B.) PROPOSER'S METHODOLOGY • Proposers shall thoroughly describe its capability to perform/facilitate the services required, to include methodology, approach, available operational facilities and/or number of locations, etc. and a detailed plan on how it would meet the City's requirements during a disaster event. • Proposers shall address in its response the mobilization and staging abilities for delivering meals to multiple locations, or if it would be the City's responsibility to pick up meals from the proposer's location. • Proposers shall address the number of employee's it would dedicate to this effort and a list of equipment the company owns to meet the requirements described herein. • Should include a plan to maintain adequate sub-contractors and equipment to expeditiously complete the City debris removal project in the event of additional disasters occurring throughout the US. • Should include a plan to utilize small and minority businesses, women's business enterprises, and labor surplus area firms. Also should include a method of tracking the use of these firms and supply this to the City. Page 13 of 43 C.) COST FOR SERVICES • Proposers shall provide a detailed description and cost of the meal options for breakfast, lunch and dinner as requested on the Proposal Response Pages. Prices quoted shall be firm for the initial contract term and all approved extension periods. Thereafter, any extensions that may be approved by the City of Port Arthur shall be subject to the provisions of the accompanying contract document. • Any attempt by the awarded food service company to amend said proposal prices shall constitute default as outlined in this specification. • Prices quoted in the Proposal and Proposal Response Forms shall include all shipping and delivery costs,shipped F.O.B.to the facility location specified by the requestor or the purchase order. EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Firm Qualifications and Experience(25 points) b. Methodology(50 points) c. Cost of Professional Services (25 points) 2. The evaluation committee shall recommend the most qualified firm to the City Council for approval and will offer a contract based on services and fees as agreed upon. 3. Prior to the approval of an award, no evaluation committee member shall disclose any information regarding the committees' decision. 4. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process)that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 14 of 43 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or approve award of the proposal. Page 15 of 43 MAYOR: DERRICK FREEMAN COUNCIL MEMBERS: RAYMOND SCOTT JR.; CAL JONES., MAYOR PRO TEM; THOMAS KINLAW; HAROLD DOUCET SR.; CHARLOTTE MOSES; KAPRINA RICHARDSON FRANK CITY STAFF Interim City Manger: Harvey Robinson Assistant to City Manager: Rebecca Underhill Director of Finance: Andrew Vasquez Director of Development Services: Ron Burton Interim Director of Utility Operations & Public Works : Dr. Hani Tohme ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1. Page 16 of 43 PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: EOC, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or Page 17 of 43 otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. Page 18 of 43 INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. Page 19 of 43 PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which offerors are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be used in the evaluation of the submitted proposals for this project. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. Discussions may not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics concerning the Proposal brought forth by the City of Port Arthur shall be grounds for disqualification. Vendors shall not contact any City of Port Arthur personnel during the proposal process without the express permission from the City's Purchasing Manager. AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. Page 20 of 43 APPENDICES RETURN WITH PROPOSAL A. Bid Sheet Yes B. References Yes C. Letter of Interest Yes D. Affidavit Yes E. Conflict of Interest Questionnaire IF NO CONFLICT WRITE Yes NA ON LINE 1 AND SIGN/DATE LINE 7 F. Proposer Warranties Yes G. Non Collusion Affidavit Yes H. House Bill 89 Verification Yes I. SB 252 Yes J. MBE Document Yes K. Federal Clauses(1-12) Yes Page 21 of 43 APPENDIX A COST PROPOSAL FORM Date: January 9, 2019 Please cost the items required for payment and the cost associated with it. ITEM COST C (Tr) $ ) (Is f e C_ V ns, L 3 xe-D a 140T) $ -1, T) /ivy $ 22 . ci5 63,p 1 /!(7/-t i G U/�lL-H $ e � r 5 �� ��lkj'YliGe c / Ire� c2"1-0‘) $ t 0 oc)c� oRruni, Zom-Ji 2-4 tre-l) /_9//t—c-A9 , $ .;Li /4o )( -13.1 $ (7)(7)70 0,--) oc'Vc_, NcLcAeo_) O orj I-2-,000 ► �� ()A Ail l � Uc �^�_ : (-7) A>jplk$ VVI!r (< CA N 3 kit) $ (✓?7`17-U tin l T� ;Zi/Ve, 44(.0Se) J CO 'ANY NAME STREET ADDRESS AM G A ,jr OF 0 IDDER P.O. BOX G �64 �� � K5 7/ PRINT OR TYPE NAME CITY STA-lb ZIP IN1 A N t4- ' t N P R.i 1\1)e 3 a s77 7 (4-"7 TITLE AREA CODE TELEPHONE NO i�t�rN Gs-✓v,-(e`�GblNd �� ,Co, 5 2�. , 300U EMAIL FAX NO. Page 22 of 43 APPENDIX B LETTER OF INTEREST RFP—To Provide Food Services Deadline: January 9,2019 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX(City) to provide Debris Monitoring Services for the City of Port Arthur, TX. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ Completed Bid Sheet ❖ Completed RFP Letter of Interest Form ti ❖ Completed Affidavit �r ❖ Completed Conflict of Interest Form ❖ Completed Non Collusion AAffgvit V❖ House Bill 89 Verification • \r❖ Proposer Warranties ❖ SB 252 \\ ❖ MBE Document N . Federal Clauses (1-12) Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. Firm Name I Da e Gib - Y-C 71/-7 Address Cit IState/Zip 4,.( 7-71/1C Aut ed Sign e GTitle/ 4+- e ryi_ tc4 3 ( 0 . <1"-Y1 q.-79 Name(please print) Telephone Email Page 23 of 43 APPENDIX C VENDOR REFERENCES Please list at least three (3) companies or governmental agencies where the same or similar products and/or services as contained in this specification package were recently provided. THIS FORM MUST BE RETURNED WITH YOUR BID, REFERENCE ONE Government/Company Name: U. , (.3DQ,> ��P-il i, CR, Address: 12(.0 , U i tJ t) 11 O l 0 015 , i 1) e3 71)1 Contact Person and Title: 41P ^V,4AA- ;c -3o(DD Ua1Jvf b„sac_:ha_ r I Phone: 5 , ?d7, 1-191 Fax: Contract Period: tot ( i ao 1 i/ Z c) ( g Scope of Work: f► a c., :-. s i�`' .{ � eTi;ZIN,( �Sj{c�S REFERENCE TWO Government/Company Name: 0 . c-o j Svc_ Address: 124 5 C - Vi, !\\it,�;� tiff-1 30�,- 1 6 y3`7,0 Contact Person and Title: 0\i) P - I ( (fes, Phone: Z0t5,3n ,5"6„ 2 Fax: i 3..aw)c1 es 0,- z, Contract Period: , o • 2, ) . Scope of Work: C.Acrs_, is qC c►cs- REFERENCE THREE Government/Company Name: C. ara 4 I`J�r v S i u�;��.-e, -t2 ���. Address: ',1,1.--\re . 1 0 .P CSL P-- 1- I N . C.:>P . Contact Person and Title: f�J e_ ,, D r Zp_-) \i-? ry sZ o �� j Ill ca_ Phone: ',)S('n 4 Lt I -4,511- Fax: Contract Period: VA h U 5 ' lI�N r--5- Scope of Work: CAT E//i, EV c. j Nizv 0 -.)t O'JT tc=--o± 1P.5 OFFEROR MUST RETURN THIS PAGE WITH OFFER Page 24 of 43 APPENDIX D AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: 'fir I herebycertifythat I do not have outstandingdebts with the Cityof Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I farther agree to pay succeeding debts as they become due. LA-7-r- - 0 C g I / zoos Firm Name Date Addr City/State/Zip �I�i �rtrAN. J./111/ //\/(Z `,P4 4 t l'1/p •, raze• atur,, Title �r�A etQ 3 (0 s3-7 79 Name(please print) Telephone 1-27?ArrN �•, j)'1/� !V � l�� I. /Af Email STATE: To x0,5 COUNTY: Co s v� SUBSCRIBED AND SWORN to before me by the above named Fid elm p� on this the $ '' day of :Tex/,‘ ,20 I ,. `tiPgV PV4� C bO M S S I N ��c;s Notary Public,State of Texas k.v1. 4: Comm. Expires 10-16-2022 Notary Public '''1,;;;;;,V: Notary ID 131761949 RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL Page 25 of 43 APPENDIX E CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by HB. I491,80th Leg.,Regular Session This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person 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 7u`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 knowingly violates Section 176.006,Local Government Code. An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. f J 2. [ 1 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 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. f Name of Officer This section(item 3 including subpdu is A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes 1 1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes n No D. Describe-each employment or business relationship with the local .ovemment officer named in this section. 4. 402; i/,- o/ 9 Signa "per /oing b� ess with the :overnmental enti Date t� Page 26 of 43 APPENDIX F PROPOSER WARRANTIES A. Proposer warrants that it is willing and able to comply with State of Texas laws with respect to foreign(non-state of Texas)corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents therof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City. D. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. (.)A C47-g4k--(A/S (2---(2,C)f Firm Name Date (-16 c.:('D (oAci-4-74- (,) - Address City/State/Zi (40 r/i /lam' A or' ed Sig re el � �r' �r /' vel D $0 427967 Name(please print) Telephone C4)11/447/VR Email Page 27 of 43 APPENDIX G CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the d lopment and submission of this bid proposal. Signature: ` Printed Name: - 1--2, A j., k CST-iT p4o/v ick Title: { 14LVI` /45 P4 12JPcia- Company: tA7" lT U k C 7./ Date: _.I (Z /?0r9 SUBSCRIB p and sworn to before me by the above named Ttr.tc Cointlfosann this the day of 0m,, , 20 11 . "PaYPUIII, CHOM S SIN ,''1 �e, Notary Public in and for the _2 :Notary Public,State of Texas State of Texas 'P� Comm. Expires 10-16-2022 ,,,,,,r Notary ID 131761949 , ____ ___z_.-LIL..________' My commission expires: ID - t —.Zo1,1_ Page 28 of 43 APPENDIX H House Bill 89 Verification I, L-1": A A- A/ (Person name), the undersigned representative (hereafter referred to as "Representative") of (A / -7- �A, / r 11✓ (company or business name, hereafter referre to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean 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. A SIG, A-' RE REPR r ''ENTATIVE ji SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of -Ta v, , 20 19. CS `O�P,pY PVB i� Notary PublicHOM,StateSIN of Texas 9 +P Comm.Expires 10-16-2022 •''�•o :``� l o�' Notary ID 131761949 r �llll - ��- Notary Public Page 29 of 43 APPENDIX I SB 252 CHAPTER 2252 CERTIFICATION I, --P---LfJ a ri iij(1- , the undersigned an representative of (47 f l vf)4 GI/7A; (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051 , Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. P---;"7,(44Nk'- _ C4 r,71 �-c/,) ‘- Name of Company Re resp ntative (Print) Y p ( ) "s - Ju representative >77 , 2 Date Page 30 of 43 APPENDIX J MBE DOCUMENT By signing this document the contractor is acknowledging that if a subcontractor is required the following will be done to make a good faith effort to hire a minority business(HUB or DBE). 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(1). 2. Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). Cf^✓' I\ i (printed name of signatory) AIIPA I /alt0J 7 (signature and date) .' Page 31 of 43 APPENDIX K FEDERAL CLAUSES 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor, or any other party(whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. SAN c., — (printed name of signatory) �- / a ign. i e + date) • Page 33 of 43 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements," apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. - -71-?_Af,i ___ ,mkc.Affi (printed name of signatory) U (si . ,4 .....____ _ ,/,_>_ date) Page 34 of 43 3.ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 6, ‘ (printed name of signatory) '✓��� OA or (sig :tore .. d '. - Page 35 of 43 4. EQUAL EMPLOYMENT OPPORTUNITY 29 CFR Part 1630, 41 CFR Parts 60 et seq. During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion,sex,or national origin. The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex,or national origin. (3)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules, regulations,and relevant orders of the Secretary of Labor. (5)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. (6)In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. (7)The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs (1)through(7)in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided,however,That in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." (printed name • signatory) /3-)(/ (:iy. .s. and dat Page 36 of 43 5. GOVERNMENT-WIDE SUSPENSION AND DEBARMENT By signing and submitting its bid or proposal, the bidder or proposer agrees to comply with the following: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. C4/”Pry,44 (printed name of signatory)✓ � - . � `2)//6/ sign. ur: a d dat,) Page 37 of 43 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 29 CFR § 5.5(b) (1) Overtime requirements -No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages-In the event of any violation of the clause set forth in paragraph(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section,in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this section. (3)Withholding for unpaid wages and liquidated damages—The Owner shall,upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section. (4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through(4) of this section. 1:-;00 GAr4/ (printed name of signatory), (si; . . - . de 0 Page 38 of 43 7. LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants,Loans,and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies,to the best of his or her knowledge, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Page 39 of 43 The Contractor, (AT-f j Ut 'i ;A certifies or affirms the truthfulness and accuracy of each statement of its certification and disclose, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq apply to this certification and disclosure, if any. Executed this day of N , 20 By Signat - 'dder/Co ctor/Si bcontractor's Authorized Official Printed Name of Bidder/Cor fracto /Subcontractor's Authorized Official f /4` R#VVje Title of Authorized Cicial Page 40 of 43 8. CLEAN AIR 42 U.S.C. § 7401 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas,Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. CrAtf,311 (printed name of signatory) O , c re an te) 9. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. y94) 11T04-7AJA- (printed name of signatory) i4a ;c/C ( 'gnat..a and Page 41 of 43 r 10. PROCUREMENT OF RECOVERED MATERIALS 42 U.S.C. 6962 (1)In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or (iii)At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items,is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. r�A __ 6-10,--4/4- (printed name of signatory) - AO A (s . 're and e) , 11. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO, AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval --iji ��e.____ (40-774/4_ (printed name of signatory) / Ai _. 4���1 / ./, / ,,,.. (si: ature •nd dat/ u Page 42 of 43 12. COMPLIANCE WITH FEDERAL LAW, REGULATIONS,AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 7(printed name of signatory) Ai' 4g_ (s'gna .e and date Page 43 of 43 Latitude Catering, LLC Proposal Response Food Services for Disaster Recovery For City of Port Arthur, TX January 3, 2019 1 TABLE OF CONTENTS • FIRM QUALIFICATIONS AND EXPERIENCE 3 - 5 • METHODOLOGY 6 - 8 • COST FOR SERVICES (See cost proposal form) 2 A. FIRM QUALIFICATIONS AND EXPERIENCE History • Latitude Catering is owned and operated by 5 partners with a combined history of over 50 years in the Food Service/Emergency Response Catering services. o Jenn Moulton - President and owner, started the company as World Dining in Tucson, AZ as a corporate dining services company. Jenn has been able to guide the company's growth and organizational efficiency through word of mouth credibility. o Jay Moulton - as a retired USAF Captain who entered the food service industry from the financial and operational side in 1996, Jay has provided operational knowledge, financial acumen to leading the growth of the company. o Holly Lippert - Our CFO and Managing Partner has a unique combination of financial food service background and Organizational Development and heads up the Administrative support structure o Anthony Williams - Hailed from the world of investment banking in Boston, Ma and has been directing our Arizona operation for over 15 years and is also a managing partner o Frank Campagna joined the group from the world of Aviation food service management and has managed the growth and scale of Latitude Catering over the last several years combining his corporate strategy and development to make Latitude Catering a go to choice for many government agencies. He is also a managing partner. • Latitude Catering has been in the large event catering business since 1986. In 2016 the 5 partners acquired Latitude Catering and since we have doubled revenues each year with current revenues at over $15M. We have held USDA/USFS national contracts since 1992. These contracts provide food service for firefighters battling large National Forest wildfires. • We have also worked for other Federal and State agencies on hurricanes Michael (2018), Katrina, Ike, and Ivan as well as the 2003 Columbia shuttle recovery and US Border Patrol fence project in 2018/2019. We hold high security clearance with the department of Defense for contracts at the Idaho National Laboratories. 3 • Latitude Catering is also proud to have been the food service partner for the AIDS/Lifecycle, AVON Breast Cancer Walks, the Fiesta Bowl, Tucson Rodeo and the NFL Championship game. These are in addition to the multiple corporate and private large- scale events we've catered. • We currently have 4 large mobile food service units. 2 units are rated at 3000 people/meal, 1 unit rated at 950/meal and 1 unit rated at 2000 people/meal. Each unit is self-contained with new equipment purchased in 2018, generators, salad trailers, water and prep/hot kitchens. • Our core business is handling large, mobile, multi-day events whether they are as a result of disaster relief or large corporate events. • Our disaster recovery work continuance contracts include Southern California Electric, State of Florida, Tesoro/BP Oil Refineries, Oakland, Torrance and Wilmington locations, Citgo refinery in Lemont, Illinois, City of New Orleans, La, Panama City, FL and Davis Monthan Air Force Base. • Our work with the Hurricane recovery programs included mobilization of multiple food service mobile units feeding thousands of evacuees throughout the recovery period. Meals included nutritionally balanced hot and boxed lunch meals. Our government contracts include a meal every 7 seconds to expedite service to those impacted. • In the last 2 years we have provided thousands of meals to wildland firefighters. 2 of the largest fires were in 2017 and 2018. o Crescent Mountain complex fire, where we served between 3000-5000 meals/day for 45 days straight. Meals served were 4-6000 calories/day, nutritionally balanced that included 1 meat and 1 non meat protein, 2 vegetables, 2 starches, dessert and complete salad bars. We utilized 35 employees throughout that operation, operating at 3 meals/day, 7 days/week. o 2017 Omopqua Fire complex. USFS food unit leaders were Lloyd Dille at 575.313.5199 and Kevin Olmstead at 775.478.5129. This Fire was a 900 person/meal operation 4 with boxed lunches. 4-6000 calories/day per person and lasted 39 days. • In 2018, the State of Arizona sought us out for local state fire support based on our credibility in providing services for National Forest Fires. They dispatched us to 4 fires in 2018. • We also served the State of Texas in 3 West Texas wildfires in 2018 serving over 500 firefighters per meal period. • Additionally, although longer than 2 years ago, handle hurricane Katrina where we were contracted for 3 months providing mobile emergency relief services to hurricane victims and relief workers • As a woman owned small business with an ownership makeup of 60% either woman or minority partners), we are also conscious of and recognize the importance of building a diverse workforce. o Over 50% of our workforce are minorities that have worked for us for multiple seasons each year returning due to the favorable work conditions and employee environment. 5 B. Proposer's Methodology • We currently have 4 large mobile food service units. 2 units are rated at 3000 people/meal, 1 unit rated at 950/meal and 1 unit rated at 2000 people/meal. Each unit is self-contained with new equipment purchased in 2018, generators, salad trailers, water and prep/hot kitchens. • One of our mobile units is not under USFS contract and can be fully dedicated as a reserve unit to Port Arthur for planned impending disaster incidents, allowing a pre-staged operation. • Other units can with short notice be reallocated to emergency services to Port Arthur depending on need and criticality. • During a disaster event, we would set up one of our mobile units at a designated area, complete with FDA mobile certified 48' mobile kitchens, generators, refrigerated food storage trailers, mobile freezers, lavatories, wash stations, tents, tables and chairs for up to 350 people at a time. We are also known for our port a pit where we can serve over 400 fresh bbq meats servings/hour in a fully contained commercial rotating wood burning pit BBQ and a salad bar and beverage trailer serving fresh vegetables, coffee, teas, drinks. • If no power is available then we have our own diesel generators and potable water trucks. • Meals would be prepared centrally with the city or other relief agencies providing delivery to outer areas requiring assistance. This allows us to provide more meals more efficiently meeting up to 3000 hot meals daily. If the city was unable to provide those services, we would contract out those services. • Per shift crew would include 3 cooks, 3 kitchen assistants, 2 tent attendants, 2 suport/supply attendants, 1 supervisor, Dinner shift would add 2 salad/dessert cooks, Lunch shift would add 1 salad/dessert cook. 6 • In addition there is a repair maintenance person and a freight/stockroom person on staff daily. • A unit manager and assistant manager is also on staff daily • Food Service Guidelines o Meals based on a 1500 calorie/day female and a 2500 calorie/day male. ■ Breakfast Menu example: • Fried or Scrambled w/vegetables eggs • Sausage or Bacon • Assorted breads or Danish • Breakfast potatoes • Fruit • Cooked Cerael • Additional Starch like pancakes/French toast • Dinner Menu example: • Beef Strogonoff • 5 blend vegetables • Egg Noodles • Multi grain roll • Brownies • Salad Bar with 5 salad toppings • Fruit • 2 prepared salads o All meals approved by nutritional guidelines to meet balanced diet of fats, carbs, fiber, sugars, proteins and vegetable contents o Options will be available for vegetarian, and gluten free as required by clientele o All meals will be prepared and served according to health and safety guidelines with all food handling personnel having their food handlers certificate or sery safe certification o Approporiate condiments, sides, and extras, ie, butter, salt, pepper, jelly, cream dressings and jellies, will accompany all meals. 7 o Beverage service includes coffee, tea, hot chocolate, milk, juices, bottled water • Coffee, tea, hot chocolate, Milk • Sodas • Juices • Energy Drinks • Water o Snack service includes the following: • Snack cakes • Cookies, • Chips • Fresh fruit • Snack Bars • Additional Labor Mobilization o Our current operational strategies always include local labor hires. We've found that utilizing a core group of our experienced employees and supplementing with local hires creates a positive experience and sense of accomplishment for those local people, providing work, helping getting their community back on track. • We partner with local minority organizations, often places of worship or other minority organizations to provide assistants, servers, tent helpers. • We utilize temporary staffing organizations as well and provide them with minimum qualifications. We have national contracts with Party Staff which has a division in Houston. 8 APPENDICES RETURN WITH PROPOSAL A. Bid Sheet Yes B. References Yes C. Letter of Interest Yes \ v D. Affidavit Yes \ E. Conflict of Interest Questionnaire IF NO CONFLICT WRITE Yes NA ON LINE 1 AND SIGN/DATE LINE 7 N F. Proposer Warranties Yes G. Non Collusion Affidavit Yes H. House Bill 89 Verification Yes I. SB 252 Yes J. MBE Document Yes K. Federal Clauses(1-12) Yes Page 21 of 43