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HomeMy WebLinkAboutPR 18405: TITAN THRILLER BAND PARENT CLUB 3RD PARTY CONCESSIONAIRE AT CIVIC ENTER CONCESSIONS Memorandum Robert A. "Bob"Bowers Civic Center TO: John A. Comeaux, P.E., Interim City Manager FROM: Adam J. Saunders, Civic Center Director DATE: 7/10/14 SUBJECT: Proposed Resolution No. P.R. #18405 RECOMMENDATION The Robert A. "Bob" Bowers Civic Center recommends the City Council enter into a contract between the City of Port Arthur and Titan Thriller Band Parent Club of Port Arthur, Texas, as the third party concessionaire at the Robert A. "Bob" Bowers Civic Center. Titan Thriller Band Parent Club of Port Arthur, Texas, will pay the Civic Center a fee for concessions of 20% of net sales per event day. The 20% is only due to the Civic Center if it is equal to, or greater than, $100.00. BACKGROUND The Civic Center has some events that require the need for concession sales. A third party concessionaire is needed for this task. The Purchasing Division advertised in the Port Arthur News April 27 and May 4, 2014 and on the City's website. Several bid packets were sent out. There were only two organizations responding, M.I.S.T.E.R.S. and Titan Thriller Band Parent Club. BUDGETARY AND FISCAL EFFECT The fee(s) received from this will be included with rental fees received by the Civic Center. STAFFING EFFECT None SUMMARY The Robert A. "Bob" Bowers Civic Center recommends the City Council enter into a contract between the City of Port Arthur and Titan Thriller Band Parent Club of Port Arthur, Texas, as the third party concessionaire at the Robert A. "Bob" Bowers Civic Center. Titan Thriller Band Parent Club of Port Arthur, Texas, will pay the Civic Center a fee for concessions of 20% of net sales per event day. The 20% is only due to the Civic Center if it is equal to, or greater than, $100.00. P. R. NO. 18405 7/10/14 AS RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND TITAN THRILLER BAND PARENT CLUB OF PORT ARTHUR, TEXAS, AS THE THIRD PARTY CONCESSIONAIRE FOR THE OPERATION OF THE ROBERT A. "BOB" BOWERS CIVIC CENTER CONCESSIONS. WHEREAS, periodically the Robert A. "Bob" Bowers Civic Center requires a third party concessionaire to operate concessions; and WHEREAS, the Purchasing Division advertised for Request for Proposals in the Port Arthur News April 27 and May 4, 2014, and on the City's website; and WHEREAS, approximately thirty (30) Request for Proposal packets were also sent out to non-profit organizations; and WHEREAS,the bid opening date was on May 21, 2014, at 3:00 p.m.; and WHEREAS, only two non-profit organizations responded as delineated in Exhibit "A" attached; and WHEREAS, City Staff, having reviewed such proposals, and scoring each using the published evaluation criteria, finds that Titan Thriller Band Parent Club has the highest rating and recommends a contract with Titan Thriller Band Parent Club, in substantially the same form attached hereto as Exhibit`B"; and WHEREAS, Titan Thriller Band Parent Club, as the third party concessionaire, will pay the Civic Center a fee for concessions of twenty percent (20%) of net sales per event day; and WHEREAS, the contract will be for one year; and WHEREAS, the percentage will only be owed to the Civic Center if at least $100.00 per event day is collected. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That, the facts and opinions are true and correct. Section 2. That the City Council authorizes the City Manager to execute a contract between the City of Port Arthur and the Titan Thriller Band Parent Club of Port Arthur as the third party concessionaire for the Robert A. "Bob" Bowers Civic Center, in substantially the same form as Exhibit`B". Section 3. That, Titan Thriller Band Parent Club of Port Arthur shall sign the resolution agreement to the terms hereof. Section 4. That, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of August, 2014, A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Deloris Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: -,i/ r , - Valecia Tizeno, ' ty Attorney APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E., Interim City Manager AGREED TO: TITAN THRILLER BAND PARENT CLUB BY: Print Name: Title: EXHIBIT "A" City of Port Arthur Concessionaire for Civic Center Proposal Evaluation Matrix Titan Thriller Mister's Social Band Parent Weight & Civic Club Booster Club Experience 2000 800 1600 Personnel 1500 750 1170 Methodology 1000 260 880 Revenue Proposal 250 160 210 Quality of Response 250 70 200 Total 5000 2040 4060 &JO Ail iA /.7D/4/ Y c landa Scypion-Gou•4.ux, Purchasing Assistant Date EXHIBIT "B" CONTRACT FOR THE THIRD PARTY CONCESSIONAIRE WITH THE BOB BOWERS CIVIC CENTER THIS AGREEMENT, made this day of , 2015, 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 Titan Thriller Band Parent Club, a non-profit organization herein acting by and through Gloria Y. Sanchez,President,hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments, terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1) The Contractor agrees to perform all the work described in the specifications; and the contract documents and comply with the terms therein: • Pass all City of Port Arthur health Department requirements/standards. • Hold any certificates required by the City of Port Arthur Health Department. • Agree to purchase soft drink products from the Civic Center designated supplier, which is Coca Cola Bottling Company. • Be able to provide minimum concession food and beverages (such as fountain drink needs, nachos, hot dogs, popcorn, chips, and candy). No major cooking, such as hamburgers, French fries, corn dogs, etc. will be required due to the lack of facilities available. • Be able to supply equipment and supplies, excluding fountain drink dispensers and ice machines, for all concession services. • Acknowledge and accept the Civic Center Directors decision on which events Titan Thriller Band Parent Club shall sale food and beverage. At times, fundraising events and/or non-profit organizations may be allowed to sale food and beverage at the Civic Center. Concession function is as follows: • During designated events where the Civic Center retains the control of the sale of food and beverages, and Titan Thriller Band Parent Club is requested to do so, Titan Thriller Band Parent Club will provide this service for the Civic Center. • Work with the Civic center Director and staff, along with the Event Producer on placement of any cash bars. Event(s)times: • Agreed upon set up and strike/break down times with the Civic Center Director will be scheduled. • Concessions will be open during designated event open hours. • No items or product will be left at the Civic Center after strike/break down times unless written permission is given by the Civic Center Director. Fees paid to the Civic Center: • For concessions paid to the Civic Center—20% of net sales per event day when the 20% is equal to, or greater than, $100.00. When 20% of the net sales are less than $100.00, nothing is due the Civic Center. • Same fee for multiple day events • If additional food is requested or required by the Civic Center Director or the Event Producer,the sale of this food will be included in the concession sales. The Civic Center agrees to provide the following facility&storage: • Concession stand. • Use of an ice machine. • The only storage available to Titan Thriller Band Parent Club is during the event day(s) in operation. No overnight or extended storage will be available. Exception to the overnight storage is for events that last more than one day. • Titan Thriller Band Parent Club will be allowed to store some small equipment, like popcorn machine, inside the concession stand. • Titan Thriller Band Parent Club assumes responsibility for anything left overnight at the Civic Center. 2) The term of this Contract shall be from , 2014 to ,2015. 3) The term"Contract Documents"means and includes the following: a) Agreement b) Advertisement for Bids c) General Information d) Bid e) Notice of Award 4) This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 5) 1N 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 , 2014. OWNER: CITY OF PORT ARTHUR By: John A. Comeaux,P.E., Interim City Manager ATTEST: Sherri Bellard, City Secretary Signed on the day of , 2014. CONTRACTOR: TITAN THRILLER BAND PARENT CLUB By: Print Name: Title: ATTEST: Witness Print Name: DELORIS"BOBBIE"PRINCE,MAYOR JOHN A.COMEAUX,P.E. ROBERT E."BOB"WILLIAMSON,MAYOR PRO TEM ti ,. , ACTING CITY MANAGER Energy COUNCIL MEMBERS: City of SHERRI BELLARD / +` RAYMOND SCOTT,JR. / ./ CITY SECRETARY ELIZABETH"LIZ"SEGLER MORRIS ALBRIGHT,III r"t Pth u r VAL• TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY DERRICK FREEMAN Texas KERRY"TWIN"THOMAS April 28,2014 REQUEST FOR PROPOSAL THIRD PARTY CONTRACTOR AS CONCESSIONAIRE (NON-PROFIT ORGANIZATIONS ONLY) DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, May 21, 2014. (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, May 21, 2014 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: Concession 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 or the Scope of Work should be directed in writing to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda(aportarthur.net Deadline for submission of questions is Wednesday,May 14,2014 by 5:00 pm. Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 '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. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 16 REQUESTS FOR PROPOSALS MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for The Third Party Contractor as a concessionaire for the Port Arthur Civic Center will be held on Thursday, May 8, 2014 at 10:00 a.m. at the Civic Center located at 3401 Cultural Center Drive, Port Arthur,Texas. The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary,will issue an addendum(s)to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 16 REQUESTS FOR PROPOSALS THIRD PARTY CONTRACTOR AS CONCESSIONAIRE (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 4 of 16 City of Port Arthur Request for Proposals Third Party Contractor as Concessionaire for the Bob Bowers Civic Center OBJECTIVE The City of Port Arthur is seeking a response to the Request for Proposals (RFP) to enter into a contract with a qualified non-profit organization with adequate volunteers and/or personnel to provide a quality full service third party concession (vendor) operation for the Bob Bowers Civic Center. Each event must be planned, staffed and serviced properly in order to maximize revenues, minimize expenses, and provide consistent food and beverage service to the client and patron. Each organization must certify that they are a Not-For-Profit exempt organization as defined by the Internal Revenue Service Section 501 (c) (3) of the Internal Revenue Code. The group must provide a Letter of Determination recognizing the organization as tax exempt. Churches and schools may provide a Letter of Determination or State Exemption certificate. If the group name does not match the name on the certificate or Letter of Determination, additional documentation will be required. BACKGROUND 1. The Robert A. "Bob" Bowers Civic Center is located in Port Arthur, TX and is approximately 20,000 square feet. 2. The Civic Center has one (1) concession stand that is 608 square feet. 3. The Concession stand has one (1) ice machine, fountain drink dispensing equipment through a designated supplier, one sink, electricity,plumbing and central air and heat. 4. The Civic Center has approximately seven (7)projected* annual events per year. They are: a) Gun Show — Three (3) two-day long shows with average attendance of 2,500 per show (complete concession sales) b) Bird Show — One (1) two-day long show with average attendance of 1,200 per show (complete concession sales) c) Garage Sale - One day event with average attendance of 1,500 (complete concession sales) d) Rotary Club Taste of Gumbo—One day event with average attendance of 1,500 (drink sales only) e) Mexican Heritage Festival—One day event with average attendance of 1,500 (drink sales only) *NOTE — The above list of events and average attendance are minimum projections only. It is expected that other events requiring concession sales will be booked throughout each year. Due to the unknown number and type of events booked at the Civic Center each year, there is no way to project the exact number of events that concession will be sold by the third party concessionaire. There is no guarantee that any annual event will take place at the Civic Center in perpetuity. SCOPE OF WORK 1. Concessionaire is required to pay to the City of Port Arthur (Civic Center) for the privilege of operating this concession, a percentage of the gross receipts generated by the Concessionaire in the execution of this Agreement. The percentage will only be owed to the Civic Center if at least $100.00 per event day is collected. If less than $100.00 per event day is collected,the Vendor will owe nothing to the Civic Center 2. During designated events where the Civic Center retains the control of the sale of food and beverages, the third party concessionaire shall provide this service for the Civic Center. The Civic Center Director retains sole discretion as to which events Vendor shall be allowed to provide said service. On occasion, for Page 5 of 16 fundraising and/or non-profit events, organizations may be allowed to sell non-competing food and beverage at the Civic Center at the same time that the concession stand is open or in place of Vendor operating concession stand. 3. Concessions will be open during designated event open hours. Set-up and strike/break down times shall be scheduled with the Civic Center Director. Vendor shall provide a minimum of four (4) concession workers at anytime the concession stand is open and operating with at least two (2)points of sale. During the Rotary Club Taste of Gumbo,the Vendor shall provide a minimum of eight(8) concession workers and at least four (4) points of sale. 4. Vendor shall provide, at a minimum, the following concession food and beverages: a. Fountain or can/bottle drink needs b. Nachos c. Hot dogs d. Popcorn e. Chips f. Candy Note—No food that requires cooking,such as hamburgers, french fries,corn dogs, etc. will be allowed due to the lack of facilities available to Vendor. 5. Vendor shall agree to purchase soft drink products, and all supplies required for fountain drinks, from the Civic Center's designated supplier. All beverages must be sold in non-glass containers. 6. All items sold and distributed by the Contractor shall be pure, wholesome and of good quality. Vendor shall provide all food and beverages in accordance with all health laws of the State of Texas and City of Port Arthur. Vendor shall furnish all cleaning materials and labor necessary to keep concession counters, equipment, and utensils used by Vendor in a clean and sanitary condition. 7. Vendor shall make application for and pay the necessary fees for all licenses, necessary to the conduct of its business during the term of this agreement. The City and Vendor shall jointly exercise all reasonable precautions to prevent violations of all statutes, local laws and ordinances and rules and regulations controlling the sale of alcoholic beverages. The City and Vendor shall use their best efforts to prevent the cancellation, suspension or revocation of such license. 8. Vendor shall supply all necessary equipment and supplies, excluding fountain drink dispensers and ice machine, for all concession services including, but not limited to: popcorn machine, cooler(s) for bottled water/drinks, cash drawer(s), cups, plates, paper goods, utensils, equipment for warming food, signage, ice scoops, chair(s), work table(s), nacho cheese dispensing equipment, chip warmer, microwave. 9. Vendor shall comply with all statutes and laws, ordinances and regulations covering its concession activities in the facility. All operations must be conducted so as not to interfere through noise, odor or any other noxious or offensive smell, or disturbance, with any person or organization which has properly engaged the facility or its patrons from their enjoyment of the premises. Vendor's employees shall at all times be polite and courteous in their dealings with the patrons and clients of the facility. The City has the right to promulgate reasonable rules and regulations pertaining to the activities of Vendor in its operations. 10. Overnight or extended storage will not be made available except during event day(s)that Vendor is working or for events that last more than one day. Short term, limited storage may be made available if agreed upon in advance, in writing, by the Civic Center Director. Long term storage of major concession stand equipment (such as popcorn machine, nacho dispensing equipment, cups, plates, paper goods, utensils, equipment for warming food , signage, ice scoops, chair(s), work table(s), chip warmer, microwave) will be available in the concession stand only. The Civic Center assumes no responsibility of any equipment or supplies. Page 6 of 16 11. Vendor shall submit an accounting statement at the end of each calendar month to the Civic Center Director or his designee. Such statement shall indicate daily sales by category, together with the computation of amounts due and shall be submitted on or before the tenth (10th) day of the following month. Accompanying said statement shall be all monies due City, payable to City, all in accordance with said statement. 12. Vendor shall keep full and complete records of the concession operations satisfactory to the City, which shall include original invoices of all materials brought on the premises and must submit sales statements with settlement for all sums due. No materials shall be brought on the premises without such invoices. The City shall have the right to make periodic inspections to ascertain compliance with this paragraph. The City has the further right to take its own independent inventory of Vendor's stock at any reasonable time. All such inspections shall be reasonable and shall not interfere with the orderly conduct of business. 13. The Vendor, at its own expense or effort, shall employ or provide such competent help and personnel as it shall deem necessary for its operations. All such help and personnel shall be permitted ready ingress and egress from the facilities free of charge, at reasonable times to maintain equipment stores, and merchandise and otherwise to perform their duties incidental to Vendor's operation. All employees of Vendor shall be neatly attired in uniforms or with badge at all times which identify the Vendor. The food service manager must possess a valid Food Handler's Certificate. 14. Vendor shall provide its own janitorial service to keep the interior of its concession stands, and other concession areas in a clean and sanitary condition. These areas must be kept clear of rubbish and refuse, collecting all rubbish and refuse in suitable containers which must be removed by Vendor from premises immediately following all events. City shall have the right to inspect any location of the Vendor on these premises at any time to see that these areas are being cleaned in a fashion consistent with the standards and desires of the City. These areas must be cleaned immediately following each event in order to minimize pest control problems and maintain sanitary conditions. If such premises are not in a clean and sanitary condition, the City shall have the right to demand immediate compliance to this clause. Consistent failure by Vendor to maintain the assigned areas in a clean and sanitary condition shall be construed as sufficient grounds to terminate this contract. • Page 7 of 16 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, Vendors 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.)EXPERIENCE Describe only relevant corporate/municipal experience and individual experience for personnel who will be actively engaged in the project. Include a listing of similar concession operations managed currently and in the past five (5) years. Provide the project title, year, and reference name, title, present address, and phone number of principal person for whom prior projects were accomplished. Concessionaire must demonstrate the ability to provide service in a public event facility similar to Port Arthur Civic Center. B.)PERSONNEL Include names and qualifications of all personnel who will be assigned to this project. State the primary work assigned to each person and the percentage of time each person will devote to this work. Identify key persons by name and title. Provide a detailed staffing plan to handle projected annual events. Identify who will be the day-to-day contact and who will be authorized to negotiate contract terms and render binding decisions on contract matters. C.)METHODOLOGY Define, in detail, your understanding of the services requested. Provide all details that you deem necessary to evaluate your proposal. Concessionaire is required to submit in their proposal sample concession menus indicating the product, manufacturer, size and the proposed sale price of each item on the menu. Include a justification for proposed sale price. Concessionaire shall show evidence of their ability to prepare and serve food and beverages to an average of 1,500 attendees. D.)REVENUE PROPOSAL Each offeror is to provide the proposed revenue that the City will receive. The proposed revenue must include the percentage of gross sales, less sales tax and the estimated dollar amount that the offeror is proposed to pay as consideration of the rights and privileges granted herein. Provide an itemized list of all equipment necessary for the operation of the concession not provided by the City. E.) QUALITY OF RESPONSE Completeness of the response to this RFQ including submission of all checklist documents. Page 8 of 16 LETTER OF INTEREST RFP—Third Party Contractor as Concessionaire for the Bob Bowers Civic Center Deadline: May 21,2014 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 supply a Third Party Concessionaire for the Bob Bowers Civic Center. Enclosed,and by this reference incorporated herein and made a part of this RFP,are the following: • Completed RFP Letter of Interest Form • Non-Collusion-Affidavit • Completed Affidavit • Completed Conflict of Interest Form 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. Finn accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This ' 'sha ' governed by :4d construed i' . I respects accordin to the laws of the State of Texas. ./ _A .L A �.'� f- C AAA— Authorized Signature - Title I GL Y , cL cA J ✓�C,1 7 4109 - Name(please print) Telephone J I la a. 1111 � • a ev Company 3 YN ?) , 1 k v\__ -t-c) hu _e_Add a \.71 LC1 e - Co ca.di Email ��.. Page 9 of 16 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 fun', corporation, partnership or institution represented by the signatory or anyone acting for the fine 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 development and submission of this bid pro.•sal. Signature: / Printed Name: - - - • Title: • Company: Date: _ P_O — t SUBSCRIBED and sworn to before me the undersigned authority by) the of,70( on behalf of said bidder. Notary Public in ?for`j State of Texas My commission expires:0?)//3)00/ Page 10 of 16 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: V/I hereby certify that I do not have outstanding debts with the City of 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 f•r the payment of said debts. I further agree to pay succeeding debts as they become due. `� Z A. Fir.. am ICAAA4 Date .00/ --. AuthorizedSignature Title CII t'ri . ;. 4 - X 1 0 � C�v�C.� e�Z ��O� Name( ease print) Telephone Cl Intim t rA Co cep i r_ 1a vt.e_1 - Cc �1 . Email STATE: f e LL.s COUNTY3e4(.s O SUBSCRIBED AND SWORN to before me by the above named 6 lo ' t ci\/' Solidi e Z on this the v day of 24,1 (7 /i / It/L ' -otary Public / RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 16 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 H.B. 1491,80`h 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 7'h 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. 2. El Check this box if you are filing an update to a previously filed questionnaire. 0 /Pt (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 o 0 4 r with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts 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 ❑ 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 ❑ No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 12 of 16 Corporations Section P.O.Box 13697 AE of Nandita Berry Austin,Texas 78711-3697 w 0'� Secretary of State ����F Office of the Secretary of State CERTIFICATE OF FILING OF Titan Thriller Band Parent Club File Number: 801983034 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Nonprofit Corporation has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law,hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act,or the common law. Dated: 04/28/2014 Effective: 04/28/2014 (sQ,fCE a� A43/vP/TW_ReieitY `r✓t1 a rte-• Nandita Berry Secretary of State Come visit us on the Internet at httpd1www.sos.state.tx.us/ Phone:(512)463-5555 Fax:(512)463-5709 Dial:7-1-1 for Relay Services Prepared by:Debbie Gustafson TID: 10306 Document:541 R(S 14nnn-, 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. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. 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. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office Page 13 of 16 personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. 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.: Civic Center, 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 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. Page 14 of 16 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. 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 Page 15 of 16 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 $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 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. Page 16 of 16 May 16,2014 Titan Thriller Band Parent Club 3631 Lexington Ave Port Arthur, TX 77642 To whom it may concern: We are a non-profit organization in Port Arthur, Texas that has been established to support the Thomas Jefferson Middle School Thrilled Band. Our organization is mainly composed of parents from band members. We assist the Band financially in all their performances and events. Our organization helps the children by securing beverages and food on day of performances and parades. The children have to stay between two to six hours (after school)for most of their performances or events. We also help provide transportation for their out of town performances. We kindly ask for the opportunity to assist us in securing additional funds for our organization by seriously taking in consideration our bid. A)Experience: For the past years we have been alternating with other groups at our school in selling different types of snacks at our local concession stand during football games or other sport events. Our mainly snacks sold at our events have been Nachos,hot dogs,popcorn, candy, and drinks. Needless to say, we have organized other fundraising activities where we have sold and provided different kind of products such a Dinner plates sales and carwash. We also been occupied in a Church's fundraiser where we are able to cook different dinner's plates and selling riffles tickets. Volunteer at places such as a Mardrigras events and after Schools programs. B) We have the proper qualified personnel to help us staff our events. Most important, we have a Food Service Manager in our membership with a Valid Food Handler's Certificate. We also have active members in our organization who are fully committed to work our stands every time as scheduled and needed. Our current organization President, Ms. Gloria Sanchez,will be the assign day-to-day contact and who will be authorized to negotiate contract terms and render binding decisions on contract matters on behalf of our organization. Our personnel should include the following members but not limited to: Ms. Gloria Sanchez,Food Service Manager. Ms. Yadira Cardenas,Administrative Assistant and Finance. Ms. Silvia Mercado, Secretary and Food Handler. Ms. Edith Castillo,Food Handler. Ms. Jeanetta Loya,Food Handler. Ms. Sonia Cardenas,Food Handler. Ms. Maria Rosales,Food Handler. Ms. Gracia Guzman,Food Handler and Sales Clerk. C) Our organization would properly staff the main events for the sales of the following but not limited to concession food and beverages: Popcorn $2.00 Nachos $3.00 Hot dogs $2.50 Candy $1.00 Chips $1.00 Soft Drinks & Water$2.00 Our organization should also provide Popcorn Machine, Coolers, Microwave, paper goods, cups,plates,utensils, chairs,work tables,cash drawers and any necessary utensils as needed to provide for the services. D) Our organization is willing to provide the City with 20%of our daily sales per event only if more that$100 is sold as previously stated on the Bid instructions. Our Equipment should consist but not limited of the following: Popcorn Machine. Microwave. 3 Coolers. Warming Cookware. Nacho Cheese Dispensing Equipment. Chip Warmer. Tables. Chairs. 2 Cash Drawers. E) We will be submitting Insurance documents, Health Department permits, etc...as required. Thank you in advanced for your generous consideration. We look forward in working with you and assisting the Port Arthur Civic Center facility in making the schedule events a success.